Item Coversheet

Mountain View Whisman School District

Agenda Item for Board Meeting of 12/20/2018

Agenda Category:  CONSENT AGENDA

Agenda Item Title:  Resolution No. 01-122018, Declaring It Unavailing to Publicly Bid for 2-Story Modular Classroom Building at Slater Elementary School, aka Vargas Elementary School

Estimated Time: 

Person Responsible:  Robert Clark, Ed.D., Chief Business Officer


On March 28, 2017, the District issued an RFP for Modular Campus for the Slater Elementary School and Stevenson New District Office Project (“Project”). 


On April 20, 2017, the District received three proposals for the Project including a proposal from Enviroplex, Inc. (“Enviroplex”) based on the January 9, 2015 “Piggyback Contract” awarded to Enviroplex by the Las Lomitas School District (the Las Lomitas Piggyback”).  Enviroplex included in its April 20, 2017 response to the District’s RFP, a quotation for a proposed 2-story modular classroom at Slater Elementary School. 


On June 1, 2017, the District Board approved the selection of Enviroplex as the modular building manufacturer for the Project, incorporating the Las Lomitas Piggyback Contract as being in the best interest of the District, and as authorized by Public Contract Code section 20118 and District Board Policy 3311.


On December 7, 2017, the District Board authorized the “Award of Enviroplex Contract for Slater and District Office for Modular Buildings”, and thereafter the District issued a Purchase Order to Enviroplex for the modular buildings at Slater Elementary School and for the District Office Building, including a 2-story classroom building at Slater Elementary School (the “Purchase Order”).


Enviroplex is in the process of production and delivery of the classroom building, the administrative building, and library building at Slater and the District office building.  While most of the components of a 2-story classroom modular building were part of the Las Lomitas Piggyback, the configuration for a 2-story classroom was not specifically identified in the Las Lomitas Piggyback, but was included in Enviroplex’s April 20, 2017 proposal and was part of the Board’s December 7, 2017 award to Enviroplex, as well as the Purchase Order.


Because the 2-story classroom building modular configuration was omitted from the Las Lomitas Piggyback, the District would normally have to publicly bid for the 2-story classroom building unless there is an exception to bidding for the modular building.  The attached Resolution is such an exception and, based on applicable case law and the factual circumstances related to this building, the District’s Board is being asked to find it futile to publicly bid for this building and instead allow Enviroplex to provide this building pursuant to the existing Purchase Order.

Fiscal Implication:
None.  The Board previously approved the Enviroplex Award on December 7, 2017, which included the full price for the 2-story modular classroom building for Slater Elementary School. 

Recommended Action: 

That the Board approve Resolution No. 01-122018, declaring it unavailing to publicly bid for 2-story modular classroom building at Slater Elementary School and approving the purchase of the 2-story modular classroom building from Enviroplex Inc., without further advertising for or inviting of bids – consistent with the pricing in the April 20, 2017 Enviroplex proposal to the District and as quoted in the District’s January 3, 2018, Purchase Order to Enviroplex, Inc.

DescriptionTypeUpload Date
Resolution 01-122018 Futility of Public Bidding for 2-Story Modular Classroom BuildingBackup Material12/14/2018