Review Agenda Item
Meeting Date: 3/26/2014 - 7:30 PM
Category: Business/Action Items
Type: Action
Subject: 16.12 Award Lease-Leaseback Agreement to Taber Construction, Inc. for HVAC Modernization at El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES
LCAP (Local Control Accountability Plan) Goal:
Strategic Initiative 5.3 Optimal Operations and Infrastructure
Ensure that our facilities and infrastructure support and enhance student learning and safety.
Policy:
Enclosure
File Attachment:
1659 Taber Insurance Certificates.pdf
2 - 1659 3.1 3.2 HVAC Master Facilities Lease Final with Exhibits.pdf
HVAC 1659 Analysis 10.24.13.pdf
HVAC 1660 Analysis 10.24.13.pdf
1 - 1659 3.1 3.2 HVAC Master Site Lease FINAL.3.13.14 Signed.pdf
Summary: On October 4, 2013 The District issued a Request for Qualifications (RFQ) soliciting submissions from twelve (12) qualified firms interested in entering into a Lease-Leaseback agreement for the HVAC Modernization at El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES. District received five (5) qualification packages.

On November 5, 2013, as a result of the RFQ/RFP process, the Mount Diablo Unified School District entered into a no-cost Preliminary Services Agreement (PSA) with Taber Construction, Inc. for the coordination, constructability review, value engineering and recommendations related to the HVAC Modernization at El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES. Under this agreement Taber worked in conjunction with staff and architect to prepare value engineering and constructability review. Approval from the Division of the State Architect was received on December 4, 2013 for all sites.

As a result of the PSA process, staff has completed negotiations as well as value-engineering with Taber Construction, Inc. and is recommending that the District enter into a Lease-Leaseback agreement with Taber Construction, Inc. for a Guaranteed Maximum Price of $14,743,395.00 for the completion of all specified work per approved plans and specifications for the HVAC Modernization at El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES.

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 payments" 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 Architect of Record to submit the project to the Division of the State Architect (DSA) for approval.

The scope of work includes, but is not limited to: provide all tools, materials, labor and equipment, demolition of existing units, installation of equipment pads, site work, roof repairs, and other miscellaneous items as it relates to the Drawings and Specifications necessary to complete the installation of HVAC units.
Funding: 2010 Measure C
Fiscal Impact $14,743,395.00 GMP
Recommendation: Approve the award of the Lease-Leaseback Agreement to Taber Construction, Inc. for HVAC Modernization at El Dorado Middle, Highlands Elementary, Pine Hollow Middle, Wren Avenue Elementary, Pleasant Hill Elementary, Sequoia Middle, Valhalla Elementary and Walnut Acres Elementary Schools.
Approvals:
Recommended By:
Signed By:
Mitchell Stark - Program Manager
Signed By:
Tim Cody - Program Manager
Signed By:
Dr. Nellie Meyer - Superintendent
Vote Results:

Original Motion
Member Lynne Dennler Moved, Member Linda Mayo seconded to approve the Original motion 'Award Lease-Leaseback Agreement to Taber Construction, Inc. for HVAC Modernization at El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES'. 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