July 11, 2022 at 6:30 PM - Board of Education Regular Meeting

• Grant Elementary
• Milliken Park

See attachments

Current Board of Education Policies 40A.4 and 53C.1b  were prepared and recommended by the Perry Law firm in 2020 shortly after revisions were made to the Federal U.S. Department of Education (USDE) Rule.  Since that time, there have been a number of points of clarification and additional guidance provided by the USDE.  

The Perry Law Firm is recommending adoption of the revised Title IX policies incorporating the above mentioned clarification and guidance.  This will be a complete replacement for the current policy.  Given the timing related to printing of handbooks and the start of the school year, the administration recommends approval and waiving the two readings requirement in Board of Education Policy 85E.

During the May 31, 2022 Board of Education meeting a bid awards were approved for the following projects:  

Milliken Park Indoor Air Quality:  Cheever Construction for $4,7998,500.00

Fremont High School Geothermal Well Field:  Mid-America Drilling for $1,003,475.00

Bell Field Roof and Window Bid:  Elkhorn West Construction for $65,021.00.

During the May 9, 2022 Board of Education meeting a bid award was approved for the Middle School Track project:  Nemaha Sports Construction for $1,978,000.00.

Legal counsel is recommending that the Board pass the following confirming resolution ratifying the contracts and authorizing the administration to sign all necessary documents and oversee the construction.

The Board, by resolution is confirming the award and ratifying the contract documents for the above listed projects, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Superintendent, Associate Superintendent or a designee, and the Board is hereby delegating to and authorizing the Superintendent, Associate Superintendent  or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent or a designee from time to time as its program administrator under this agreement. 

On June 30, 2022 at 2:30 P.M. bids were accepted and read aloud for the Bleacher Replacement at the Fremont High School Al Bahe Gymnasium.  Three vendors submitted pricing.  Carroll Seating is the low bidder with $358,355.47 submitted.  The project will commence in early spring, 2023 and be completed prior to the start of the 2023-24 volleyball season.  The source of funds for this project is the 2021 bond proceeds.  The bid amount is in line with the pre-bid estimate.

The Board, by approving this agreement with Carroll Seating, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent  or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent or a designee from time to time as its program administrator under this agreement. 

After an RFP/interview process as outlined in Statute the Board of Education approved Hausmann Construction for Construction Management at Risk Services for the High School project during the February 10, 2022 Board of Education Meeting.  At that time a notice of intent to enter into an AIA agreement coordinated with the modified AIA B103-2017 architectural agreement based on the agreed upon fee structure was also approved.  Attached is the final version of the AIA documents prepared by legal counsel and reviewed by the District administration and Hausmann Construction.

See attachments

On June 30, 2022 at 2:00 P.M. bids were accepted and read aloud for the Lenihan Indoor Air Quality Project.  Three contractors submitted pricing.  D.R. Anderson, the apparent low bidder ($2,649,000) submitted a notation of an irregularity in their bid - not including the scope for replacement of the curved clerestory in the Sensory Garden.  The second lowest bidder also noted an irregularity for the same scope of work.  The third bidder’s proposal did not include a similar notation. In addition to the irregularities, all bids were in excess of the pre-bid budget for the project. 

Based on the attached recommendation of BVH Architects, the administration recommends that the Board of Education deny all bids and re-bid the project per Board of Education policy 35 E.  In order to remedy the lack of competitive pricing on the curved clerestory, this scope of work will be included as an alternate.  To accommodate an accelerated bid process, a special meeting of the Board of Education may be considered to consider bids.  Policy 35 E allows for an accelerated timeline which continues to insure a competitive bidding environment.