Review Agenda Item
Meeting Date: 12/14/2010 - 7:30 PM
Category: Consent Agenda
Type: Action
Subject: 10.23 (Item 23) Professional Services Contract for Department of the State Architect (DSA) Close-out/Certification Services
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure
File Attachment:
MISA0013-PHd0 Contract to Close Open DSA Projects dtd 11-09-10 R2.pdf
PHd Certificate of Insurance thru 4-22-11.pdf
W9-2010.pdf
Summary: The California Building Standards Administrative Code defines ‘Additions’ and ‘Alterations’ as applying only to existing Department of the State Architect (DSA) “certified” buildings. Therefore the DSA cannot approve plans for additions or alterations to existing non- DSA certified buildings. Although the DSA has, in the past, been somewhat flexible in enforcing this policy they have advised school districts that all new facility work involving uncertified projects cannot be approved until the issue of the underlying certification is resolved. Moreover, the DSA will no longer approve plans and specifications for alteration and/or addition projects or utilizing portions of, uncertified projects except when the new project is solely for the purpose of upgrading fire-life safety aspects of the building/campus. A DSA approved project can be “closed” without certification by the DSA for any number of reasons including, but not limited to failure to properly complete and submit all DSA-6 forms (Inspector’s Affidavit Report, Architect’s Affidavit Report, Engineer’s Affidavit Report or Contractor’s Affidavit Report), Laboratory Affidavits, Special Inspection Affidavits or Notice of Completion and fees.

Staff is aware of multiple DSA approved projects that have been “closed” without certification. There are likely others that staff is not aware of as the DSA does not share/post all project data, especially those projects that are very old. As the planned 2010 Measure C work clearly involves work which must be submitted to the DSA for approval it is imperative that all outstanding projects be identified and all required close-out/certification documents be submitted as soon as practicable so as not to delay planned facility improvements. This process will necessitate a laborious project by project investigation, meetings with the DSA and the preparation and submission of requisite documents. In those cases where the original Architect of Record (AOR), engineers, inspectors and professionals are no longer living or no longer conducting business it is necessary that a certified architect formally assume the role of AOR, close out the project for certification and assume all liability associated with the project including that associated with structural engineering, inspection services, mechanical and electrical engineering. Staff has negotiated a not to exceed fee of $93,841.00 with PHd Architects for the provision of closeout-certification services for all MDUSD projects which have been “closed” without certification.
Funding: 2010 Measure C Funds
Fiscal Impact $93,841.00
Recommendation: Approve professional services contract as presented
Approvals:
Recommended By:
Signed By:
Pete Pedersen - Measure C
Signed By:
Greg Rolen, Esq. - General Counsel
Signed By:
Steven Lawrence - Superintendent