Review Agenda Item
Meeting Date: 2/27/2012 - 7:30 PM
Category: Consent Agenda
Type: Action
Subject: 9.9 (Item #13) Approval of Preliminary Services Agreement for the Development of Modular Chemistry Laboratory Buildings at Clayton Valley and Mt. Diablo High Schools
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure
File Attachment:
01%20-%20MISA0033-MMBI%20%20Contract%20Measure%20C%20PSA%2002-27-12%20final[1].pdf
03%20-%20MMBI%20ins%20cert%20thru%2007-12%20(1)[1].pdf
Summary: In December, 2011 the District issued a Request for Qualifications (RFQ)soliciting submissions from qualified firms interested in entering into a lease-leaseback agreement for the development of new modular chemistry buildings at Clayton Valley and Mt. Diablo High Schools.

Staff is recommending that the District enter into a Preliminary Services Agreement with Meehleis Modular Building, Inc. for a not to exceed fee of $32,900.00 for the provision of preliminary services relating to the construction of these specified modular chemistry buildings at Clayton Valley and Mt. Diablo High Schools. Said services include, but are not limited to management and coordination services, plan/specification constructability reviews, value engineering reviews and recommendations necessary to optimize project quality and delivery, project budget development assistance, project scheduling, construction planning and bidding tasks.

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.” For this project, the RFQ evaluated other factors including past K-12 experience, design, etc., including price. 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 are made. The District has the option to make an early, balloon 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. Since DSA approval is still a few months away, the work the District would like Meehleis to begin now can be done under this preliminary services agreement.
Funding: Proposition 55 funding
Fiscal Impact $32,900.00
Recommendation: Approve Preliminary Services Agreement as presented.
Approvals:
Recommended By:
Signed By:
Pete Pedersen - Measure C
Signed By:
Greg Rolen, Esq. - General Counsel
Signed By:
Steven Lawrence - Superintendent