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HomeMy WebLinkAboutrda min 1987/02/03 (2) MINUTES OF A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA February 3, 1987 6:15 p.m. ROLL CALL Council Chambers Public Services Building MEMBERS PRESENT: Chairman Cox; Members Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: STAFF PRESENT: None Executive Director Goss, Community Development Director Desrochers, Agency Attorney Harron, Senior Community Development Specialist Buchan 1. APPROVAL OF MINUTES of 1/15/87 and 1/20/87 MSUC (Cox/Moore) to approve the minutes of 1/15/87 and 1/20/87. Malcolm was not present for the vote.) (4-0; Member CONSENT CALENDAR Member Nader requested that item number 2 be pulled from the Consent Calendar. CHAIRMAN COX OFFERED ITEMS 3, 4 AND 5 FROM THE CONSENT CALENDAR, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 3. RESOLUTION 771 APPROVING A CONTRACT WITH WYLIE ASSOCIATES FOR THE FABRICATION AND INSTALLATION OF SIGNS FOR THE TOWN CENTRE I PUBLIC SIGN PROGRAM AND APPROPRIATING FUNDS THEREFOR 4. RESOLUTION 772 APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND DALE OHLAU FOR THE REMODELING OF THE EXISTING 2-STORY BUILDING AT 293-295 THIRD AVENUE 5. RESOLUTION 773 APPROVING MICHAEL BRANDMAN ASSOCIATES, INC. AS THE CONSULTANT TO PREPARE THE OTAY VALLEY ROAD BIOLOGICAL STUDIES AND AUTHORIZING THE AGREEMENT 2. RESOLUTION 774 APPROVING A 26 DAY EXTENSION AND $20,000 TO RAMM CONTRACTING COMPANY FOR ON-SITE COSTS DUE TO HVAC DELAY FOR NATURE INTERPRETIVE CENTER CONSTRUCTION Based on the bar chart prepared by Ramm Contracting for the construction of the Nature Interpretive Center, the heating and air conditioning system (HVAC system) was to be installed in the building between the weeks of November 10 and December 1 of 1986. Ramm Contracti ng notifi ed the City by 1 etter, dated November 19, that their subcontractor, Lanthier, would be unable to complete constructi on of the flVAC system for the south si de of the bui 1 di ng on schedul e Redeve1opment Agency Minutes -2- February 3, 1987 due to the need for re-desi gn. Shel don Ty1 er (Cl erk-of-the-Works) verifi ed that the system in the approved plans needed corrections and material replacements, etc. Ramm Contracting has requested a time extension and costs related to the delays. Member Nader stated he wanted it to be cl ear that in approvi ng thi s change order, the Agency is at the same time di recti ng staff to pursue any remedi es existing against offending contractors. Member Malcolm questioned if the architect was contacted as soon as the probl em was di scovered. He further asked if the archi tect agreed that the changes were necessary. Senior Community Development Specialist Buchan responded that the architects were contacted right away. The architects indicated that some changes and corrections should be made. Member Malcolm noted his concern that staff was not on top of the problem, that it should have been discovered at an earlier point in time. He stated the architect and builder should have resolved this problem. Member Malcolm stated he woul d 1 i ke to see a report from the archi tect stati ng (1) the architects agree they designed the HVAC system wrong; (2) what their recommended changes were and did the City go beyond their recommended changes; and (3) what is their position on paying for the costs involved. Community Development Director Desrochers stated that staff has been on top of the situation. The Clerk-of-the-Works has been on site every day. As soon as staff was aware of the problem the architects were asked to remedy the problem. Mr. Desrochers pointed out in the Agenda Statement it states that the Agency has the right to submit a claim to the architect for the $20,000 si nce it is staff's opi ni on that the pl ans were not prepared properly or expediently corrected. In response to Member Nader's question if the architect agreed that changes necessitating the expendi ture of $20,000 is necessary, Mr. Desrochers stated the architect has agreed there was a need for the change; however, they do not feel this is a legitimate claim to them. They do not feel the contractor is due the $20,000 for the delay. Mr. Coulter Wi nn of Wi nn-Cutri Architects addressed the Agency. Mr. Cutri stated he and his partner are concerned that they are being held 100% responsibl e for the del ay of the contract when construction forces were at work on a percentage basis. Ms. Buchan poi nted out the contractor ori gi na lly requested 60 days for del ay and $40,000 per month, a total of $80,000. In the best interest of the project, staff negotiated the requested amount down to 26 days and $20,000. Member Nader questi oned if it is staff's posi ti on that the $20,000 fi gure is defensible in terms of being causily related to the delays caused by this particular problem. Ms. Buchan responded yes, this was a critical path iteM which was to be completed by the end of November. In the early part of December it became clear other trades would be delayed because of this Redevelopment Agency Minutes -3- February 3, 1987 problem. This is the point in time when staff met with the architect and contractor and tri ed to make correcti ons on si te. There were some time delays. Requests for information were not taken care of in a timely manner which staff felt the architect was responsible for. Member McCandl i ss asked the Ci ty Manager if he concurred with the recommendation. Mr. Goss noted the recommendation is a reasonable compromise in a diffi cult si tuati on. The abil ity of the City to conti nue to pursue a claim against the architect is a key factor. Chairman Cox pointed out the action is necessary in order to allow the project to move forward, however, it is the City's intention to look into this further and come back with a report to the Agency regarding whether to seek restitution from the architect or other parties that are deemed responsible. MEMBER MOORE OFFERED THE RESOLUTION, the reading of the text was waived by unanimous consent. Chairman Cox noted he has visited the job site on a number of occasions and from hi s observati on the Cl erk-of-the-Works, Mr. Shel don Tyl er, has done an excellent job. He also pointed out the architects came up with an excellent design. t1ember Nader stated although it is in the staff report that staff will be seeking compensation from the architects, it is not part of the resolution. MSUC (Nader/Moore) to amend the resolution to include a direction for staff to seek appropriate compensation from the architect. The resolution as amended was passed and adopted unanimously. MSUC (Moore/Malcolm) that staff prepare the following report for the Agency regarding the Nature Interpretive Center construction: (1) Individual contractors fees; (2) number of changes and costs along wi th responsi bil i ty for changes; (3) paper trial involved in changes and charges. Mr. Shel don Tyl er, Cl erk-of-the-Works, addressed the Agency. He stated hi s job is to go through the plans and specifications and be sure they agree. All through this project the plans and specifications do not agree and that is why there have been approximately 34 change orders. He noted everyone of the change orders have been renegoti ated by him with the contractor or subcontractor and each one has been cut down by 30 to 60%. Member Moore asked the Clerk-of-the-Works to describe the process involved in the change of size of the amphitheater. Mr. Tyler stated the elevations were wrong on the plans. This was discovered by him in working with the contractor. The architect was then contacted to look into the probl em and issue a change order. A bi d of $4,700 was submitted whi ch was negoti ated to $2,700. Mr. Tyl er further noted it is not unusual to have thi s number of change orders, that the number of change orders on simil ar projects is often higher. Redevelopment Agency Minutes -4- February 3, 1987 6. ORAL COMMUNICATIONS: None. 7. DIRECTOR'S REPORT: None. 8. CHAIRMAN'S REPORT: None. 9. MEMBERS' COMMENTS None. The Redevelopment Agency adjourned at 6:58 to Closed Session to discuss Sierra Club vs. Marsh; Sierra Club vs. Coastal Commission et al and items of potential litigation. The Agency adjourned from Closed Session at 8:00 p.m. ADJOURNMENT to a regular meeting of February 10, 1987 following the City Council meeting beginning at 7:00 p.m. WPC 27l0H