Review Agenda Item
Meeting Date: 5/4/2015 - 6:00 PM
Category: Business/Action Items
Type: Action
Subject: 17.13 Adoption of DSA approval and award of Lease/leaseback contract to Robert A. Bothman Construction, Inc., for all work necessary to support Athletic Facility Improvements at Mt. Diablo High School for a guaranteed maximum price of $2,115,898.10.
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:
01-1675 Master Site Lease Final.pdf
02-1675 Master Facilities Lease Inc Exhibits C-K Final.pdf
03-Robert A. Bothman Inc Certificate of Insurance thru 08-2015.pdf
Summary: On March 4th, 2015, District issued a Request for Qualifications (RFQ) soliciting submissions from qualified firms interested in entering into a lease-leaseback agreement to construct Athletic Facility Improvements at Mt. Diablo High School. In addition to advertising on District webpage, District directly solicited qualifications from 15 vendors. As a result of this solicitation, District received 5 packages. District issued a no-cost PSA to the contractor who represented the best interests of the District. Based on results of the PSA, staff negotiated best and final cost and is recommending the District enter into a lease leaseback agreement with Robert A. Bothman Construction, Inc., for a Guaranteed Project Cost of $2,115,898.10 for completion of all specified new construction per DSA approved/adopted 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 $1.00. 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 the 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 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.
Funding: 2010 Measure C
Fiscal Impact $2,115,898.10 Guaranteed Maximum Price (GMP)
Recommendation: Adopt DSA approval and Award lease/leaseback contract to Robert A. Bothman Construction, Inc., for all work necessary to support Athletic Facility Improvements at Mt. Diablo High School for a guaranteed maximum price of $2,115,898.10.
Approvals:
Recommended By:
Signed By:
Tim Cody - Program Manager
Signed By:
Dr. Nellie Meyer - Superintendent
Vote Results:

New Motion
Member Linda Mayo Moved, Member Barbara Oaks seconded to approve the New motion 'Adopt DSA approval and Award lease/leaseback contract to Robert A. Bothman Construction, Inc., for all work necessary to support Athletic Facility Improvements at Mt. Diablo High School for a guaranteed maximum price of $2,115,898.10.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Linda Mayo     Yes
Cheryl Hansen     Yes
Brian Lawrence     Yes
Barbara Oaks     Yes
Debra Mason     Yes