Review Agenda Item
Meeting Date: 4/20/2015 - 5:30 PM
Category: Consent Items Pulled for Discussion
Type: Action
Subject: 16.3 (Item #25) Professional Services Contract to J.M. King Consulting, Inc. for Department of the State Architect (DSA) Legacy Project Close-out/Certification Services.
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure
File Attachment:
01 - MISA0089-DSA2_signed150311.pdf
02 - JMKING Professional Insurance Certificate thru 3-19-16.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.

In December 2010, the Board of Education awarded a time and materials contract to address DSA “closed without certification” projects. As noted at that time, staff was concerned that DSA was not sharing/posting all project data, especially those projects that are very old. Since 2010, DSA has added approximately forty-five (45) projects to the “uncertified” list. 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 continues to 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, mechanical and electrical engineering as well as inspection services.

As previously expected, the progress has been tedious. As we quickly approach the modernization work, staff feels it necessary to supplement the work in progress. As such, District recommends the services of an additional firm to close/certify outstanding projects added to the DSA list. Staff has negotiated a Not-to-Exceed contract fee of $105,000 with J.M. King Consulting, Inc. for the provision of closeout-certification services for forty-two (42) additional DSA “legacy” projects which have been “closed” without certification. Per the terms of the new agreement, firm will be paid per engagement with payment only due upon verification of certification by DSA.
Funding: 2010 Measure C
Fiscal Impact $105,000 (Not to Exceed)
Recommendation: Approve the Professional Services Contract with J.M. King Consulting, Inc. for Department of the State Architect (DSA) Legacy Project Close-out/Certification Services.
Approvals:
Recommended By:
Signed By:
Tim Cody - Program Manager
Signed By:
Jeff McDaniel - Executive Director of Operations
Signed By:
Dr. Nellie Meyer - Superintendent
Vote Results: