Agenda Item
Meeting Date:
6/3/2013 - 7:30 PM  
13.10 RFQ/RFP 1617 - Approval of a Preliminary Services Agreement with XL Construction, Incorporated to Support S-Wing Modernization at Mt. Diablo HS  
LCAP (Local Control Accountability Plan) Goal:
File Attachment:
01-1617 RFQ-RFP - LLB S-Wing MDHS 04-26-13 w-add.pdf
02-1617 Preliminary Services Agreement-LLB-MDUSD-S-Wing MDHS-06-03-13.1.pdf
03-XL Certificate of Insurance thru 11-13.pdf
04-1617 - RFQ-RFP analysis 05-20-13.pdf
In April, 2013 the District issued a Request for Qualifications from firms interested in entering into a lease-leaseback agreement for the modernization of existing science classrooms (S-Wing) at Mt. Diablo High School. Per previous Board recommendation this request was publicly available with specific notification to no less than 15 potential contractors. This resulted in the receipt of 4 qualification packages.

Staff is evaluated qualifications and is recommending District enter into a Preliminary Services Agreement with XL Construction, Inc. for the provision of preliminary services including, but are not limited to: preliminary coordination services, constructability review of preliminary plans and specifications, value engineering and any other recommendations necessary to optimize project quality, delivery, scheduling, and construction phasing relating to the modernization of specified existing science classrooms at Mt. Diablo High School.

As authorized by California Education Code section 17406, a lease-leaseback contract structure is one in which the District can select a builder in a different manner other than just a “lowest bidder” with the intent to increase likelihood of success while minimizing risk to the District. For this project, architectural services previously solicited in accordance with best practices and this RFQ evaluated other factors including past K-12 experience, design, etc., including price. RFQ also includes provision to ensure potential firms to solicit estimates from numerous trade contractors. Under a lease-leaseback, the District leases property under a “site lease” to a builder for $1. That builder constructs the facility and then leases the facility back to the District under a “facilities lease.” The District makes “tenant improvement payments” during construction and “lease payments” after construction. Title to the new facility vests in the District as lease payments made. The District has the option to make an early payment to the builder to buy out the facilities lease. In addition, the District selects/approves all plans and specifications and uses its own Architect of Record to submit the project to the Division of the State Architect for approval. Only after DSA approval can the District enter into the 2 leases. As allowable, DSA approval is pending and staff would like XL Construction to begin work under this preliminary services agreement.
2010 Measure C  
Approve Preliminary Service Agreement  
Recommended By:
Signed By:
Tim Cody - Program Manager
Signed By:  
John Bernard - Interim Superintendent
Vote Results:

New Motion
Member Linda Mayo Moved, Member Lynne Dennler seconded to approve the New motion 'Approve RFQ/RFP 1617 Preliminary Services Agreement with XL Construction, Incorporated to Support S-Wing Modernization at Mt. Diablo High School.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
Linda Mayo     Yes
Lynne Dennler     Yes
Cheryl Hansen     Yes
Brian Lawrence     Yes
Barbara Oaks     Yes