Agenda Item B.17
CPMS CONSENT CALENDAR
Meeting Date: June 6, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Anne Wells, Advance Planning Manager
SUBJECT: Advance Planning Division Professional Services Contracts for Fiscal Years 2023-2024 and 2024-2025
RECOMMENDATION:
A. Authorize the City Manager to execute Amendment No. 4 to Professional Services Agreement No. 2017-039 with JDL Mapping, for continued GIS and Mapping services, increasing the maximum contract amount by $60,000, for a total not-to-exceed amount of $285,000 and extending the term of the agreement to June 30, 2025; and B. Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2019 -053 with Robert Brown Engineers for continued Oil and Gas Support services, increasing the maximum contact amount by $40,000 for a total not- to-exceed amount of $200,000 and extending the term of the Agreement to June 30, 2025.
BACKGROUND:
Geographic Information Systems (GIS) Services
Since incorporation, the City has outsourced GIS services with JDL Mapping. Through various agreements with the City, JDL Mapping has managed the City’s spatial data, produced maps, including all maps used in the General Plan/Coastal Land Use Plan, represented the City at various meetings, and trained staff on spatial analysis and map making.
On June 20, 2017, City Council authorized the City Manager to execute an agreement with JDL Mapping for two years of GIS services with a not-to-exceed amount of $95,000 (Agreement No. 2017-039). On June 18, 2019, City Council authorized the City Manager to execute an amendment to the Agreement to extend the term two years, add an additional $80,000, and to update JDL Mapping’s billing rates. A second amendment was authorized on June 15, 2021, to extend the term by a year, add an additional $40,000, and to include counterparts and electronic/facsimile signatures. On June 21, 2022, City 1 Meeting Date: June 6, 2023
Council authorized the City Manager to execute a third amendment to the Agreement to add an additional $10,000 and extend the term of the agreement by a year.
Since that time, JDL Mapping has provided the services described above for the City.
Agreement No. 2017-039 currently expires on June 30, 2023.
Oil and Gas Support Services
Robert Brown Engineering (RBE) specializes in safety and design engineering for oil and gas processing and refining facilities. They have expertise in hazard analyses, risk assessment, risk analyses, system safety, operations, and maintenance, and conducting safety audits. Because of their specialized skill and unique knowledge of the local oil and gas infrastructure, RBE conducts annual safety audits and petroleum inspections for oil and gas processing facilities throughout the Santa Barbara County region.
On June 18, 2019, the City Manager execute d an agreement with RBE for two years of oil and gas support services with a not -to-exceed amount of $28,500 (Agreement No. 2019-053). On March 3, 2020, City Council authorized the City Manager to execute an amendment to the Agreement to add an additional $51,500. A second amendment was authorized by City Council on June 15, 2021, to provide an additional $80,000 and extend the term of the Agreement to June 30, 2023. Agreement No. 2019 -053 currently expires on June 30, 2023.
RBE, under contract with the City, has successfully represented the City’s interests in coordinating oil and gas safety audits for facilities located in and/or connected to facilities adjacent to the City. Facilities include the Ellwood Onshore Oi l and Gas Processing Facility (EOF), the State Lease 421 wells and piers (now decommissioned) , onshore infrastructure supporting the now decommission ed 421 wells and pier, and offshore pipelines and cables connecting the EOF to Platform Holly . RBE has been instrumental in ensuring that best practices are used and adhered to for the safety of the Goleta community and the environment during repair work on both Platform Holly and the EOF.
DISCUSSION:
GIS Services – JDL Mapping
With the term of the City’s existing agreement with JDL Mapping approaching, staff identified a need to execute an amendment with JDL Mapping to continue the services now provided to the City. As part of the proposed amendment, JDL Mapping will continue to assist the City with GIS technical support, geodatabase updates, map preparation, spatial analysis, and training. The proposed amendment includes an increase in the maximum compensation by $ 60,000 with an extended term to June 30, 202 5. JDL Mapping has provided GIS services to the City since incorporation and is familiar with the City’s needs and operations. The City is satisfied with JDL Mapping’s services and their responsiveness. The proposed Amendment No. 4 to Agreement 2017 -039 with JDL Mapping is provided as Attachment 1.
2 Meeting Date: June 6, 2023
Oil and Gas Support Services – Robert Brown Engineers
As a result of the high volume of oil and gas decommissioning activity at State Lease 421 and Platform Holly and safety audits and inspections at the EOF, the funding under Agreement 2019-053 is nearly expended and term under the Agreement has almost been reached. RBE’s services are still needed for the decommissioning of Platform Holly , the EOF, and the onshore portion of the facilities previously supporting the 421 piers and wells. Systems safety oversight from the City is a critical step in the process of removing these non-operational facilities. As the State Lands Commission conducts the requisite environmental review for the platform decommissioning, RBE will serve as the City’s technical liaison, contingent upon the contract amendment. To address these needs, the proposed amendment includes an increase in the maximum compensation by $ 40,000 with an extended term to June 30, 2025. The proposed Amendment No. 3 to Agreement 2019-053 with RBE is provided as Attachment 3.
FISCAL IMPACTS:
There are sufficient funds to cover these contract amendments, subject to the approval of the Fiscal Year 202 3-24 and Fiscal Year 202 4-25 Budget. Therefore, no additional appropriations are necessary. Below is a table outlining the funding for each of the amendments described above.
Vendor (Project)
Amount
Added
Proposed
Budget
FY 23-24
From
FY 23-24
Proposed
Budget
FY 24-25
From
FY 24-25
GL 101-40-4300-51200 (Professional Services)
JDL Mapping (GIS Services) $60,000
$60,000
-
RBE (Oil and Gas Support) $40,000
$40,000
-
Total $100,000 $140,000 $80,000 $140,000 -
ALTERNATIVES:
The City Council could elect not to authorize the recommended action. If the recommended action is not authorized, staff will manage services according to existing contract terms.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
3 Meeting Date: June 6, 2023
ATTACHMENTS:
1. Amendment No. 4 to Agreement No. 2017-039 with JDL Mapping
2. Professional Services Agreement No. 2017 -039 with JDL Mapping and Amendments No. 1-3
3. Amendment No. 3 to Agreement No. 2019-053 with Robert Brown Engineers
4. Professional Services Agreement No. 2019-053 with Robert Brown Engineers and Amendments No. 1-2
4 Attachment 1
Amendment No. 4 to Agreement No. 2017-039 with JDL Mapping 5 City of Goleta
Amendment No. 4 to Agreement No. 2017-039
AMENDMENT NO. 4
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
DENNIS LOYST dba JDL MAPPING
This Amendment No. 4 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and DENNIS LOYST dba JDL MAPPING (“Consultant”) dated June 20, 2017 (“Agreement,” Agreement No. 2017-039) is made on this 6th day of June 2023.
SECTION A. RECITALS
1. T his Agreement is for the Geographic Information System (GIS) services; and
2. This Agreement has been amended to add to the not -to-exceed amount, identify new staff rates , include counterparts and electronic/facsimile signatures, and extend the term (Amendments No. 1, 2, and 3); and
3. T he Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed $225,000; and
4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $60,000 for continued tasks; and
5. T he Agr eement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
6. T he parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2025; and
7. T he City Council approved this Amendment No. 4, on this 6th day of June, 2023.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $60,000 and to read in its entirety:
(a) M aximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of two hundred eighty-five thousand DocuSign Envelope ID: 37230534-767C-43A2-B742-5ADE8E83D052 6 City of Goleta
Amendment No. 4 to Agreement No. 2017-039
dollars ($285,000) (herein "not -to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B -1,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CON SULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. S
ection 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional 2 years to read in its entirety.
T
he term of this Agreement is from the date first written above to June 30, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 37230534-767C-43A2-B742-5ADE8E83D052 7 City of Goleta
Amendment No. 4 to Agreement No. 2017-039
In concurrence and witness whereof, this Amendment No. 4 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Dennis Loyst, President
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_______________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 37230534-767C-43A2-B742-5ADE8E83D052 8 Attachment 2
Professional Services Agreement No. 2017-039 with JDL Mapping and Amendments No. 1-3
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 City of Goleta
Amendment No. 2 to Agreement No. 2017-039
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
DENNIS LOYST dba JDL MAPPING
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation ( “City”) and DENNIS LOYST dba JDL MAPPING (“Consultant”) dated June 20, 2017 (“Agreement,” Agreement No. 2017-039) is made on this 15th day of June, 2021.
RECITALS
WHEREAS, this Agreement is for the Geographic Information System (GIS) services; and
WHEREAS, on June 18, 2019, the Agreement was amended to add $80,000 to the not-to-exceed amount, extend the term two years, and update the Fee Schedule provided as Exhibit B-1 (“Amendment No.1”); and
WHEREAS, the Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed one hundred seventy-five thousand dollars ($175,000); and
WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $40,000 for continued tasks; and WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and
WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2022; and
WHEREAS, the Agreement did not provide for the Agreement or any amendments to be executed in counterparts by facsimile or electronic mail; and
WHEREAS, the parties desire to amend the Agreement to allow for execution of the Agreement and amendments by facsimile and electronic mail in order to expedite the finalization of the agreements; and
WHEREAS, the City Council approved this Amendment No. 2, on this 15 th day of
June, 2021.
AMENDED TERMS
26 City of Goleta
Amendment No. 2 to Agreement No. 2017-039
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of 40,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $215,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B-1," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate in crease request), provided the not to exceed amount is the total compens ation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written veri fication shall be in a form satisfactory to CITY's Project Manager as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2022, unless the term of this Agreement is exte nded or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Section 31. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES of the Agreement is added to include counterparts and electronic/facsimile signatures as follows:
27 City of Goleta
Amendment No. 2 to Agreement No. 2017-039
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is full y effective as an original, and together constitutes one and the same instrument.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Dennis Loyst, President
A T T E S T :
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
28 City of Goleta
Amendment No. 3 to Agreement No. 2017-039
AMENDMENT NO. 3
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
DENNIS LOYST dba JDL MAPPING
This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and DENNIS LOYST dba JDL MAPPING (“Consultant”) dated June 20, 2017 (“Agreement,” Agreement No. 2017-039) is made on this 21st day of June, 2022.
SECTION A. RECITALS
1. T his Agreement is for the Geographic Information System (GIS) services; and
2. This Agreement has been amended twice (June 18, 2019 and June 15, 2021) to extend the term and add to the not -to-exceed amount and to include counterparts and electronic/facsimile signatures (Amendments No. 1 and 2)
3. T he Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed two hundred fifteen thousand dollars ($215,000); and
4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $10,000 for continued tasks; and
5. T he Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2022; and
6. T he parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2023; and
7. City Council approved this Amendment No. 3, on this 21 st day of June, 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $10,000 and to read in its entirety:
(a) M aximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of DocuSign Envelope ID: F3769B0A-5C66-48CB-A5FF-60228CF6BEC7 DocuSign Envelope ID: 64876EB5-549C-45EF-A15C-DA2383EA5F8D 2017-039.3
29 City of Goleta
Amendment No. 3 to Agreement No. 2017-039
$225,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B-1," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) P
ayment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
2. Section 6. T
ERM, PROGRESS AND COMPLETION of the Agreement is
amended to extend the term for an additional year to read in its entirety.
T
he term of this Agreement is from the date first written above to June 30, 202 3, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
DocuSign Envelope ID: F3769B0A-5C66-48CB-A5FF-60228CF6BEC7 DocuSign Envelope ID: 64876EB5-549C-45EF-A15C-DA2383EA5F8D 30 City of Goleta
Amendment No. 3 to Agreement No. 2017-039
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Dennis Loyst, President
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: F3769B0A-5C66-48CB-A5FF-60228CF6BEC7 DocuSign Envelope ID: 64876EB5-549C-45EF-A15C-DA2383EA5F8D 31 Attachment 3
Amendment No. 3 to Agreement No. 2019-053 with Robert Brown Engineers 32 City of Goleta
Amendment No. 3 to Agreement No. 2019-053
AMENDMENT NO. 3
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
ROBERT BROWN ENGINEERS
This Amendment No. 3 to the No. 2019-053 Agreement by and between the City of Goleta , a municipal corporation (“ City”) and ROBERT BROWN ENGINEERS (“Consultant”) dated June 18, 2019 (“Agreement,” Agreement No. 2019-053) is made on this 6th day of June, 2023.
SECTION A. RECITALS
1. T his Agreement is for professional engineering services in conjunction with oil and gas projects; and
2. This Agreement has been amended to increase the not-to-exceed amount and extend the term (Amendments No. 1 and 2); and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $160,000; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $40,000 for continued tasks; and
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2025; and
7. City Council approved this Amendment No. 3, on this 6th day of June, 2023.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $40,000 and to read in its entirety:
(a) M aximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of t wo hundred thousand dollars DocuSign Envelope ID: 3CECBB5B-98E7-429E-B3E7-EDDF2194D86A 33 City of Goleta
Amendment No. 3 to Agreement No. 2019-053
($200,000) (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit " A,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. S
ection 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional 2 years to read in its entirety:
T
he term of this Agreement is from the date first written above to June 30, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
DocuSign Envelope ID: 3CECBB5B-98E7-429E-B3E7-EDDF2194D86A 34 City of Goleta
Amendment No. 3 to Agreement No. 2019-053
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Jay Sheth, President/Chief Financial Officer
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Harsha Sheth, Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 3CECBB5B-98E7-429E-B3E7-EDDF2194D86A 35 Attachment 4
Professional Services Agreement No. 2019-053 with Robert Brown Engineers and Amendments No. 1-2
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 Project Name: Oil and Gas Building
Safety, and Engineering Services
City of Goleta
PER Agreement with Robert Brown Engineers
Amendment No. 2 to Agreement No. 2019-053
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
ROBERT BROWN ENGINEERS
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ CITY”) and ROBERT BROWN ENGINEERS, a California Corporation (“CONSULTANT”) dated June 18, 2019 (“AGREEMENT,” Agreement No. 2019-053) is made on this 15th day of June 2021.
SECTION 1. RECITALS
A. T his AGREEMENT is for the professional engineering services in conjunction with oil and gas projects; and
B. O n March 3, 2020 the AGREEMENT was amended to increase the not -to- exceed amount to Eighty Thousand Dollars ($80,000) to reflect the full amount budgeted for Oil/Gas/Electrical Facility Staff Support (Amendment No. 1); and
C. The AGREEMENT currently provides in Section 3 Subsection (a) for the tota l compensation amount not-to-exceed (Eighty Thousand Dollars) ($80,000); and
D. T he parties desire to amend the AGREEMENT so as to provide for additional compensation in the amount of Eighty Thousand Dollars ($80,000) for continued work on the project of assisting the CITY with oversight of the ongoing safety inspec tions associated with the Ellwood Onshore Facility and the oil well plugging and abandonment associated with the 421 Piers located in western Goleta and Platform Holly; and
E. T he AGREEMENT currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and
F. T he parties desire to amend the AGREEMENT so as to extend the termination of the Agreement to June 30, 2023; and
G. T he City Council approved this Amendment No. 2 on this 15 th day of June, 2021.
AMENDED TERMS
Now therefore CITY and CONSULTANT agree as follows that the AGREEMENT be, and hereby is, amended as follows:
DocuSign Envelope ID: 6FAE653F-2C43-41AA-AA95-3498ACA1AA4D DocuSign Envelope ID: 2146B27A-2175-49CB-988F-C28F959E124F 2019-053.2
53 Project Name: Oil and Gas Building
Safety, and Engineering Services
City of Goleta
PER Agreement with Robert Brown Engineers
Amendment No. 2 to Agreement No. 2019-053
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the AGREEMENT is amended to add an additional authorized amount of Eighty Thousand Dollars ($80,000) and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of One Hundred and Sixty Thousand Dollars ($160,000.00) (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. Section 6. TERM, PROGRESS AND COMPLETION of the AGREEMENT is amended to extend the term for an additional twenty-four months (24) to read in its entirety:
The term of this AGREEMENT is from the date first written above to June 30, 2023, unless the term of this AGREEMENT is extended or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this AGREEMENT following the notice to proceed.
3. Section 31. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES of the AGREEMENT is added to include counterparts and electronic/facsimile signatures as follows:
This AGREEMENT may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
4. Except as otherwise specifically provided herein, all other provisions of the AGREEMENT shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
DocuSign Envelope ID: 6FAE653F-2C43-41AA-AA95-3498ACA1AA4D DocuSign Envelope ID: 2146B27A-2175-49CB-988F-C28F959E124F 54 Project Name: Oil and Gas Building
Safety, and Engineering Services
City of Goleta
PER Agreement with Robert Brown Engineers
Amendment No. 2 to Agreement No. 2019-053
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Jay Sheth, President Robert Brown Engineers
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 6FAE653F-2C43-41AA-AA95-3498ACA1AA4D DocuSign Envelope ID: 2146B27A-2175-49CB-988F-C28F959E124F 55