Agenda Item
Meeting Date:
6/17/2013 - 7:30 PM  
16.17 RFQ/RFP 1617 - Award of Lease-Leaseback Agreement to XL Construction, Inc. for S-Wing Modernization at Mt. Diablo High School.  
LCAP (Local Control Accountability Plan) Goal:
File Attachment:
01-1617 RFQ RFP LLB-Site Lease-S-Wing MDHS .pdf
02-1617 Final RFQ RFP LLB-Facilities Lease S-Wing MDHS 06-17-13.0.pdf
03-XL Certificate of Insurance thru 11-13.pdf
Mt Diablo HS Science GMP 6-12-13 summary for posting.pdf
Mt Diablo HS Science GMP solicited summary for posting.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. As previously reported, this request was publicly available with specific notification to no less than 15 potential contractors. This resulted in the receipt of 4 qualification packages.

On June 3, 2013, District entered into a Preliminary Service Agreement (PSA) with XL Construction, Inc. for the provision of preliminary services including, but not limited to: 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.

On June 6, 2013, the Division of State Architect approved the project plans and specifications. As a result of the RFQ process, PSA evaluation and final negotiation, staff is recommending the District enter into a lease leaseback agreement with XL Construction, Inc. for a Guaranteed Maximum Project Cost of $3,014,863.00 for the completion of all specified modernization work per approved plans and specifications.

The lease- leaseback project delivery method is authorized by California Education Code 17406, and authorizes the governing board, without advertising for bids, to enter into a lease with a builder for the purpose of construction, including remodeling and permanent improvements, upon property. Under a lease- leaseback, the District leases property under a "site lease" to a builder for $1. That builder constructs the facility/ completes the renovation and then leases the facility back to the District under a "facilities lease". The District makes "tenant improvement payments" during construction and "lease payment s" after construction. Titles to facility vests in the District as lease payments are made. The District has the option to make an early payment to the builder to buy out the facilities lease. In addition, the District determines all plans and specifications and uses its own.

The scope of work includes, but is not limited to: provide all tools, materials, labor and equipment necessary to complete renovation of the highly used student area between buildings. Design phase included students at the site and resulted in what is anticipated to enhance this highly used student gathering area. Work includes but not limited to, demolition of existing utilities and installation of new concrete walks and seating areas as it relates to the Drawings and Specifications.
2010 Measure C  
Approve Award of LLB as presented.  
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 Award of Lease-Leaseback Agreement to XL Construction, Incorporated.'. 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