City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.T
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Approval of Fourth Modification to Contract with JAS Pacific, Inc. for Professional Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #10637 (CCS) in the amount of $350,000 with JAS Pacific, Inc. for seismic plan review services for the Community Development Department. This will result in an eight-year amended agreement with a new total amount not to exceed $975,000, with future year funding contingent on Council budget approval.
Summary
The City’s Seismic Retrofit Program has been active since 2017. A professional services agreement was executed with JAS Pacific (JAS) in July of 2018 to perform plan reviews of Soft Story retrofit projects submitted to the City. JAS staff have alleviated significant workload for the Building and Safety Division by completing over 500 plan reviews to-date. The Soft Story program is scheduled to end by July of 2026.
Staff recommends Council authorize an exception to the competitive process to allow JAS to continue providing plan review services for the remainder of the Soft Story program.
Discussion
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On July 25, 2018, the City executed Professional Services Agreement #10637 (CCS) with JAS to address the anticipated increased volume of structural plan review submittals resulting from Seismic Retrofit Program requirements for Soft Story buildings.
Approximately 1,700 Soft Story buildings (typically wood-framed multi-story buildings with large open parking spaces on the first floor and habitable units above) were identified in the city as potentially in need of structural improvement through a seismic retrofit. The engineering services provided by JAS supplement City plan review staff work and provide the ability to manage the increased volume, maintain appropriate levels of service, and ensure the timely and efficient review of seismic retrofit plan submittals.
In September 2024, the City sent out 465 second notices to owners on the Soft Story list who had open seismic cases in the City’s database. These notices alerted owners that they must complete a retrofit of their buildings by the compliance deadline, which is between September of 2025 and July of 2026, depending on the priority designation of a given property. Although there will likely be property owners who do not complete retrofits on time, staff is confident that the majority will submit for seismic retrofit before July of 2026. Staff recommends extending the term of the JAS agreement for two years, through the end of calendar year 2026, to allow time to complete these plan reviews and continue addressing the high volume of seismic projects being submitted.
Extending the agreement through December of 2026 will provide time for submissions received just before the program deadline to be reviewed and approved before the agreement expires.
The Building and Safety Division considered going out to bid for these services, but several issues make this approach untenable. Given that letters were recently issued to owners, and many properties are due to complete a retrofit within the next year, staff anticipates a high volume of submissions for seismic retrofits throughout 2025; this will most likely be the busiest time for the Soft Story plan check portion of the Seismic Retrofit Program. Going through the RFP process, which can take four to six months, would utilize staff time that could be put towards the program itself. All plan reviews are also performed on an online platform (ProjectDox) that a new vendor would need to be trained on and integrated into. This training and integration process would take additional time and resources from City staff at exactly the time where volume is 3 of 4
anticipated to be highest. This will harm service delivery to customers, pull staff away from other, non-seismic projects as they train incoming consultants, and slow a process that has been refined and made extremely efficient over the past six years with JAS.
For these reasons, staff recommends modifying the existing professional services agreement with JAS for two additional years to allow for the completion of the project that JAS started in 2018. This will ensure continuity of service, prevent service delays in both the Seismic Retrofit Program, as well as for other projects outside of the Program, and make the best, most efficient use of staff time and City funding.
The cost of all plan reviews performed by JAS staff is fully recovered by seismic plan check fees charged to customers by the City, meaning this agreement with JAS does not result in any net cost to the City. By the end of 2026, staff anticipates that Soft Story seismic plan review submittals should be winding down, and internal staff will be able to manage the volume. If it is determined that plan check services are still needed beyond 2026, Building and Safety is committed to going through the RFP process to find additional seismic plan review services.
Past Council Actions
Meeting Date Description
03/06/18 (attachment A) Council authorizes professional services agreements with Degenkolb Engineers, IDS Group, and JAS Pacific
06/28/22 (attachment B) Council approves third modification to professional services agreement with JAS Pacific
Environmental Review
The award agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the common-sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with engineering services that will be provided entirely remotely. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of agreement 10637 (CCS) with JAS Pacific for seismic plan review services.
Professional Service Agreement Modification Request
Agreement # Current
Authorized
Amount
FY 2024-25
Modified
Request
Amount
Future
Year
Request
Amount
Dept. Account # Total
Revised
Contract
Amount
10637 (CCS) $625,000 $87,500 $262,500 01700004.552010 $975,000 Future year funding is contingent on Council budget approval.
Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council
Attachments:
A. March 6, 2018 Staff Report (Web Link)
B. June 28, 2022 Staff Report (Web Link)
C. JAS Original Agreement
D. JAS Third Modification
E. JAS Oaks Disclosure
F. JAS Levine Act