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SR 06-28-2022 5D City Council Report City Council Meeting: June 28, 2022 Agenda Item: 5.D 1 of 5 To: Mayor and City Council From: David Martin, Director, Building & Safety Subject: Approval of Term Extension for Seismic Peer Review Services Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to the following three agreements: 1. Agreement #10635 (CCS) with Degenkolb Engineers for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-and-one- half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval; 2. Agreement #10636 (CCS) with IDS Group for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-and-one-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval; 3. Agreement #10637 (CCS) with JAS Pacific for seismic retrofit plan review services for the Community Development Department. The proposed two-and-a- half-year extended term and additional $200,000 in authority will result in a six- and-one-half year amended agreement with a new total amount not to exceed $625,000, with future year funding contingent on Council budget approval. Summary The City’s Seismic Retrofit Program (“Program”) was adopted by Council on March 28, 2017. The Program requires owners of buildings identified as seismically vulnerable to submit structural analyses and retrofit plans to the Building and Safety Division for review by an engineer with specialized knowledge to verify compliance with State and local construction standards prior to commencing retrofit work. In support of that program, the City contracted with three firms to provide structural analysis peer review and plan review services for the various building types. The three firms are: 5.D Packet Pg. 75 2 of 5 • JAS Pacific to review seismic retrofit plans for Soft Story building types, and • Degenkolb Engineers and IDS Group to provide structural analysis peer review and plan review services for the larger and most complex Non-Ductile Concrete and Steel Moment Frame building types. The JAS contract expires on June 30, 2022, and the Degenkolb Engineers and IDS Group contracts expire on December 31, 2022. The services associated with the three agreements will continue to be necessary beyond their expiration date. Staff recommends increasing the amount of the JAS contract from $425,000 to $625,000 to cover the anticipated projects within the extended contract term. No additional funding is recommended for the two contracts with Degenkolb Engineering and IDS Group. The costs related to these services are fully recovered as they are paid by the applicant. Discussion Each of the three agreements will expire this year. However, many buildings must still submit their retrofit building plans for approval prior to the deadline. Therefore, staff recommends extending the terms of all three agreements by two years to December 31, 2024. These agreements are specific to the ongoing Seismic Retrofit Program and extending the agreements will maintain current service levels with firms that are familiar with City processes, and align with the extended deadlines due to COVID-19. JAS Pacific On July 25, 2018, the City executed Professional Services Agreement #10637 (CCS) with JAS Pacific (JAS) to address the anticipated increased volume of structural analysis and plan review submittals resulting from the Program requirements for Soft Story buildings. Approximately 1,700 Soft Story buildings (typically multi-story buildings with large open spaces where typically a shear wall would be required) 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. 5.D Packet Pg. 76 3 of 5 Approximately 550 Soft Story buildings have yet to submit plans for retrofit review. Additionally, the latest date in which a Soft Story building is required to submit for plan review is July 2023. As such, it can be reasonably anticipated that a significant number of Soft Story retrofit projects will be submitted to the City over the next two years. The current agreement with JAS is set to expire on June 30, 2022, for an amount not to exceed $425,000. The City has utilized approximately $280,000 (65%) of that funding to-date. Staff recommends increasing the amount to $625,000 to ensure adequate funding for the recommended term extension to December 31, 2024. The costs related to the services provided by JAS are fully recovered and paid by the applicant. Degenkolb Engineers and IDS Group Contracts 10635 (CCS) and 10636 (CCS) were executed in mid-2018 with Degenkolb Engineers (Degenkolb) and IDS Group (IDS), respectively, to provide engineering review services for the structural analysis and plan review submissions required by the Program. These agreements are in place to provide engineering services for Non- Ductile Concrete (NDC) and Steel Moment Frame (SMF) building types, which tend to be large, complex buildings. The services provided by these firms are necessary to perform a comprehensive review of these building types due to lack of expertise within the Building and Safety Division. The compliance dates for plan review submittals for NDC and SMF buildings are April 2022 and October 2029, respectively. Approximately 40 NDC and 70 SMF buildings have yet to submit plans to the City so the continued services of Degenkolb and IDS are necessary. RFPs will be issued in the future, as necessary, to maintain these services for the life of the Program. The two agreements with Degenkolb and IDS are set to expire on December 31, 2022, and each with a not to exceed limit of $625,000. Approximately $125,000 (20%) of the IDS agreement, and approximately $55,000 (9%) of the Degenkolb agreement, have been expended to-date. As a result, no additional Council authority is necessary to 5.D Packet Pg. 77 4 of 5 extend the financial commitment of these agreements. The costs related to the services provided by Degenkolb and IDS are fully recovered and paid by the applicant as part of the plan review fees collected. Pursuant to Council approval, seismic retrofit deadlines for all Soft Story buildings, and other seismic retrofit building types with an active plan review or building permit, were extended by two years due to the COVID-19 pandemic. The pandemic also impacted the ability of owners to address retrofit requirement in a timely manner, due to unavailability of design/construction professionals, financial losses, and increased construction costs. Degenkolb, IDS, and JAS have all provided quality service at established prices to the City addressing their specific portions of the Program. Their staff are also now familiar with City practices and requirements, which allows for efficient reviews. The proposed extensions would also be an efficient use of staff time that would otherwise be spent producing, issuing, and awarding another large RFP for these services. For these reasons, staff recommends extending the term of all three contracts until December 31, 2024, resulting in three six-and-a-half year contracts. Past Council Actions Meeting Date Description 03/06/18 (attachment A) Council authorizes professional services agreements with Degenkolb Engineers, IDS Group, and JAS Pacific 12/17/19 (attachment B) Council approves first modification to agreement 10637 (CCS) with JAS Pacific to increases the not to exceed limit 06/08/21 (attachment C) Council approves second modification to agreement 10637 (CCS) with JAS Pacific to extend the term by one year 01/11/22 (attachment D) Council approves second modification to agreement 10635 (CCS) with Degenkolb Engineers to extend term by one year 01/11/22 (attachment E) Council approves second modification to agreement 10636 (CCS) with IDS Group to extend term by one year Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with JAS Pacific for seismic plan review services. Funds are included in the Proposed FY 2022-23 Biennial Budget pending Council adoption. Future year funding is contingent on Council budget approval. 5.D Packet Pg. 78 5 of 5 Agreement Modification Request Agreement # Current Authorized Amount FY 2022-23 Modification Request Amount: Dept/CIP Account # Total Revised Contract Amount 10635 (CCS) $625,000 $0 01700004.552010 $625,000 10636 (CCS) $625,000 $0 01700004.552010 $625,000 10637 (CCS) $425,000 $200,000 01700004.552010 $625,000 Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council Attachments: A. March 6, 2018 Staff Report (Web Link) B. December 17, 2019 Staff Report (Web Link) C. June 8, 2021 Staff Report (Web Link) D. January 11, 2022 Staff Report (Web Link) E. January 11, 2022 Staff Report (Web Link) F. Degenkolb: Original Agreement G. Degenkolb: First Modification H. Degenkolb: Second Modification I. IDS: Original Agreement J. IDS: First Modification K. IDS: Second Modification L. JAS: Original Agreement M. JAS: First Modification N. JAS: Second Modification O. Oaks Disclosure Form - Degenkolb P. Oaks Disclosure Form - IDS Q. Oaks Disclosure Form - JAS 5.D Packet Pg. 79 5.D.f Packet Pg. 80 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 81 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 82 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 83 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 84 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 85 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 86 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 87 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 88 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 89 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 90 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 91 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.f Packet Pg. 92 Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10635 (CCS) This First Modification of Agreement Number 10635 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Degenkolb Engineers (“Degenkolb”), is made with reference to the following: RECITALS A. On or about June 20, 2018, the City and Degenkolb entered into Professional Service Agreement, Contract Number 10635 (the “Agreement”). B. The Agreement provided for a term that commenced on June 20, 2018 and terminated on December 31, 2020, with a unilateral option by the City to renew for an additional one year period. C. The City and Degenkolb desire to modify the Agreement to extend the contract term beyond December 31, 2020. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows: 1. Degenkolb and the City acknowledge and agree that the effective date of this First Modification is December 31, 2020. 2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on June 20, 2018 and terminates on December 31, 2021, unless terminated earlier in accordance with Section 14 or extended by the parties in writing. 3. Section 1.1 of the Agreement entitled “Option to Extend” shall be deleted in its entirety. 4. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph: Compensation. The City will compensate Degenkolb for the Services performed during the period of June 20, 2018 until December 31, 2020 (the “Original Term”) in an amount not to exceed $525,000, as set forth in Exhibit B. 5. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph: Extension Term. The City will compensate Degenkolb for the Services performed during the period of January 1, 2021 until December 31, 2021 (the “Extension Term”) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the DocuSign Envelope ID: 6D22D017-A0C3-4075-918A-BCD63E9A0B32 2/24/2021 5.D.g Packet Pg. 93 Attachment: Degenkolb: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B. 6. Except as expressly modified by this First Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager Dudek #VENDOR By: _______________________________ DocuSign Envelope ID: 6D22D017-A0C3-4075-918A-BCD63E9A0B32 Interim City Attorney George Cardona 2/23/2021 Degenkolb Engineers Principal 2/23/2021 Daniel Zepeda 2/24/2021 Lane Dilg Interim City Manager 2/24/2021 City Clerk Denise Anderson-Warren 5.D.g Packet Pg. 94 Attachment: Degenkolb: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10625 (CCS) This Second Modification of Agreement Number 10635 (CCS) (“Second Modifica- tion”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Degenkolb Engineers (Degenkolb) is made with reference to the following: RECITALS A. On or about June 20, 2018, the City and Degenkolb entered into Agreement Number 10635 (CCS) for engineering peer review services (“Original Agreement”), which had an initial term ending on December 31, 2020. B. On or about February 24, 2021, the City and Degenkolb entered into a First Mod- ification of Agreement Number 10635 (CCS) (“First Modification”), which was ef- fective as of December 31, 2020. The First Modification extended the term of the Original Agreement by one year to December 31, 2021. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and Degenkolb desire to modify the Agreement to extend the contract term, effective as of December 31, 2021, one additional year to December 31, 2022. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1. Degenkolb and the City acknowledge and agree that notwithstanding the expira- tion of the Term as modified by the First Modification, the effective date of this Second Modification is December 31, 2021. 2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and re- placed with the following paragraph: Term. This Agreement begins on June 20, 2018 and terminates on De- cember 31, 2022, unless terminated earlier as set forth in the Agree- ment or extended by the parties in writing. The period of May 7, 2018 to December 31, 2020 shall be referred to as the “Original Term.” The period of time from January 1, 2021 through December 31, 2022 shall be referred to as the Extension Term. 3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its en- tirety and replaced with the following paragraph: Compensation. The City will compensate Degenkolb for the Services performed during the Original Term in an amount not to exceed $525,000, at the rates set forth in Exhibit B-1. 4. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its en- tirety and replaced with the following paragraph: DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 2/28/2022 5.D.h Packet Pg. 95 Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Extension Term. The City will compensate Degenkolb for the Services performed during the Extension Term (January 1, 2021 through De- cember 31, 2022) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B-1. 5. Exhibit B of the Agreement entitled “Budget” shall be deleted in its entirety and replaced with an updated Budget, provided herein as Exhibit B-1. 6. Exhibit B-1 is attached hereto and incorporated into the Agreement by reference. 7. Except as expressly modified by this Second Modification, all other terms and con- ditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager ABC Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 Interim City Attorney 2/10/2022 Joseph Lawrence Degenkolb Engineers Daniel Zepeda Principal 2/23/2022 David White City Manager 2/28/2022 Denise Anderson-Warren City Clerk 3/4/2022 5.D.h Packet Pg. 96 Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 3 Exhibit B-1 Budget The compensation paid to Degenkolb for Services provided during the Original Term shall not exceed $525,000. The compensation paid to Degenkolb for Services pro- vided during the Extension Term shall not exceed $100,000. The total amount of compensation for all Services rendered during the Original Term and the Extension Term shall not exceed $625,000. All peer review and plan check services will be charged according to the following hourly rates: Title Rates Senior Principal $300 Principal $265 Senior Associate $245 Associate Principal $235 Associate $225 Senior Project Manager $225 Director of Testing Services $205 Forensic Operations Manager $205 Project Manager $205 Project Engineer $205 Design Engineer $190 Designer 2 $170 Designer 1 $145 Assistant Designer 2 $115 Assistant Designer 1 $85 Senior BIM/CAD Specialist $160 Project BIM/CAD Specialist $130 Project Analyst $105 Administrative Services $85 DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 5.D.h Packet Pg. 97 Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 98Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 99Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 100Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 101Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 102Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 103Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 104Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 105Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 106Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 107Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 108Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 109Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 110Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.iPacket Pg. 111Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10636 (CCS) This First Modification of Agreement Number 10636 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and IDS Group, Inc. (“IDS”), is made with reference to the following: RECITALS A. On or about May 7, 2018, the City and IDS entered into Professional Service Agreement, Contract Number 10636 (the “Agreement”). B. The Agreement provided for a term that commenced on May 7, 2018 and terminated on December 31, 2020, with a unilateral option by the City to renew for an additional one year period. C. The City and IDS desire to modify the Agreement to extend the contract term beyond December 31, 2020. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows: 1. IDS and the City acknowledge and agree that the effective date of this First Modification is December 31, 2020. 2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph: Term. This Agreement begins on May 7, 2018 and terminates on December 31, 2021, unless terminated earlier in accordance with Section 14 or extended by the parties in writing. 3. Section 1.1 of the Agreement entitled “Option to Extend” shall be deleted in its entirety. 4. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph: Compensation. The City will compensate IDS for the Services performed during the period of May 7, 2018 until December 31, 2020 (the “Original Term”) in an amount not to exceed $525,000, as set forth in Exhibit B. 5. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph: Extension Term. The City will compensate IDS for the Services performed during the period of January 1, 2021 until December 31, 2021 (the “Extension Term”) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E 2/24/2021 5.D.j Packet Pg. 112 Attachment: IDS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B. 6. Except as expressly modified by this First Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager Dudek #VENDOR By: _______________________________ DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E 2/23/2021 George Cardona Interim City Attorney Principal 2/23/2021 IDS Group, Inc. Rami Elhassan 2/24/2021 Lane Dilg Interim City Manager 2/24/2021 Denise Anderson-Warren City Clerk 5.D.j Packet Pg. 113 Attachment: IDS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10626 (CCS) This Second Modification of Agreement Number 10636 (CCS) (“Second Modifica- tion”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and IDS Group, Inc. (IDS) is made with reference to the following: RECITALS A. On or about May 7, 2018, the City and IDS entered into Agreement Number 10636 (CCS) for engineering peer review services (“Original Agreement”), which had an initial term ending on December 31, 2020. B. On or about February 4, 2021, the City and IDS entered into a First Modification of Agreement Number 10636 (CCS) (“First Modification”), which was effective as of December 31, 2020. The First Modification extended the term of the Original Agreement by one year to December 31, 2021. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and IDS desire to modify the Agreement to extend the contract term, ef- fective as of December 31, 2021, one additional year to December 31, 2022. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1. IDS and the City acknowledge and agree that notwithstanding the expiration of the Term as modified by the First Modification, the effective date of this Sec- ond Modification is December 31, 2021. 2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and re- placed with the following paragraph: Term. This Agreement begins on May 7, 2018 and terminates on De- cember 31, 2022, unless terminated earlier as set forth in the Agree- ment or extended by the parties in writing. The period of May 7, 2018 to December 31, 2020 shall be referred to as the “Original Term.” The period of time from January 1, 2021 through December 31, 2022 shall be referred to as the Extension Term. 3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its en- tirety and replaced with the following paragraph: Compensation. The City will compensate IDS for the Services per- formed during the Original Term in an amount not to exceed $525,000, at the rates set forth in Exhibit B. 4. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its en- tirety and replaced with the following paragraph: DocuSign Envelope ID: DF00D726-DD5E-4066-8A6C-E5415E880430 2/14/2022 5.D.k Packet Pg. 114 Attachment: IDS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Extension Term. The City will compensate IDS for the Services per- formed during the Extension Term (January 1, 2021 through Decem- ber 31, 2022) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B. 5. Except as expressly modified by this Second Modification, all other terms and con- ditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager ABC Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: DF00D726-DD5E-4066-8A6C-E5415E880430 Interim City Attorney 2/10/2022 Joseph Lawrence Rami Elhassan Principal IDS Group, Inc. 2/10/2022 David White City Manager 2/14/2022 City Clerk 2/15/2022 Denise Anderson-Warren 5.D.k Packet Pg. 115 Attachment: IDS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 116 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 117 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 118 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 119 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 120 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 121 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 122 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 123 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 124 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 125 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 126 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 5.D.l Packet Pg. 127 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10637 (CCS) This First Modification of Agreement Number 10637 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (JAS) is made with reference to the following: RECITALS A. On or about July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) for plan review services (“Original Agreement”). B. The City and JAS desire to modify the Original Agreement to increase the contract price to pay for a higher volume of services than initially anticipated. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi- nal Agreement as follows: 1. Section 4 of the Original Agreement entitled “Compensation” shall be modified to read as follows: Compensation. The City will compensate JAS for the Services per- formed in an amount not to exceed $425,000, as set forth in Exhibit B. 2. Exhibit B to the Original Agreement shall be modified to read as set forth in Exhibit B to this First Modification, which is attached hereto and incorporated herein by this reference. /// /// DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D 7/9/2020 5.D.m Packet Pg. 128 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 3. Except as expressly modified by this First Modification, all other terms and condi- tions of the Original Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager ABC Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D 7/6/2020 Interim City Attorney George Cardona JAS PACIFIC 7/7/2020 Christine Champany VICE PRESIDENT Lane Dilg 7/9/2020 Interim City ManagerCity Clerk Denise Anderson-Warren 7/9/2020 5.D.m Packet Pg. 129 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 3 Exhibit B Budget All Plan Check services will be charged according to the following schedule: TITLE HOURLY BILLING RATE Plan Check Engineer I $125.00 Plan Check Engineer II $135.00 Plan Check Engineer III $145.00 SERVICES BILLING RATE Plan Check Submittal Review 68% of City Plan Review Fee* *includes a total of three reviews The total cost of services shall not exceed $425,000 for the term of the contract. DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D 5.D.m Packet Pg. 130 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10637 (CCS) This Second Modification of Agreement Number 10637 (CCS) (“Second Modifica- tion”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (JAS) is made with reference to the following: RECITALS A. On or about July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) for seismic retrofit plan review services (“Original Agreement”). B. On or about July 9, 2020, the City and JAS entered into a First Modification of Agreement Number 10637 (CCS) (“First Modification”) which increased the com- pensation amount from $125,000 to $425,000. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and JAS desire to modify the Agreement to extend the contract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and re- placed with the following paragraph: Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless terminated earlier as set forth in the Agree- ment or extended by the parties in writing. /// /// DocuSign Envelope ID: F4DD1461-DE74-4D48-AA41-D1EEDCC4E561 6/28/2021 5.D.n Packet Pg. 131 Attachment: JAS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 2. Except as expressly modified by this Second Modification, all other terms and con- ditions of the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager ABC Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: F4DD1461-DE74-4D48-AA41-D1EEDCC4E561 George S. Cardona Interim City Attorney 6/23/2021 JAS PACIFIC 6/28/2021 CFO/PRESIDENT ADDISON SMITH 6/28/2021 Interim City Manager John Jalili City Clerk Denise Anderson-Warren 6/29/2021 5.D.n Packet Pg. 132 Attachment: JAS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) Degenkolb Engineers Stacy J. Bartoletti, Jorn E. Halle, Lauren E. Evans, Holly R. Jansen, Laurie K. Johnston, Bryan V. Bindrich, William C. Siegel, Melissa V. McCarty, Daniel Zepeda, and Leo M. Ballif N/A Sandy Hohener Principal 1/21/22 shohener@degenkolb.com (213) 596-5000 5.D.o Packet Pg. 133 Attachment: Oaks Disclosure Form - Degenkolb (5129 : Third Modification to Seismic Engineering Agreements) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ 5.D.p Packet Pg. 134 Attachment: Oaks Disclosure Form - IDS (5129 : Third Modification to Seismic Engineering Agreements) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ Christine Champany Vice President 5/24/22 christine@jaspacific.com 909-605-7777 Jason Addison Smith Consulting Services,Inc.|DBA JAS Pacific Jason Smith Jason Smith 5.D.q Packet Pg. 135 Attachment: Oaks Disclosure Form - JAS (5129 : Third Modification to Seismic Engineering Agreements)