Debate over high school construction management brings
resignation, delay
Three Morgan Hill school district trustees who’ll be sworn
Monday will not have to face one of the most contentious issues
taken up by the seven-member board in recent years
– the question of who will manage the $46 million construction
of Ann Sobrato High School.
Debate over high school construction management brings resignation, delay

Three Morgan Hill school district trustees who’ll be sworn Monday will not have to face one of the most contentious issues taken up by the seven-member board in recent years – the question of who will manage the $46 million construction of Ann Sobrato High School.

At their last meeting three weeks ago, the former board, with president Jan Masuda absent, split 3-3 on Superintendent Carolyn McKennan’s recommendation to award the construction management contract to Jacobs, Inc.

The tie vote – Del Foster, Tom Kinoshita and Russ Danielson voted aye and Rick Herder, John Kennett and George Panos dissented –signified lack of approval and left the district to oversee construction itself until a management firm is hired.

In the interim, Live Oak High School Principal Richard Knapp has moved to the district office to oversee work at the new high school, which he has been named to lead.

Knapp will continue to supervise renovation projects at Live Oak, which began more than a year ago.

Unless the question of construction management is addressed during the public comment session Monday, it won’t appear on trustees’ agenda until the board’s Jan. 13 meeting, according to Bonnie Branco, assistant superintendent for business.

The delay gives board members Michael Hickey, Shelle Thomas and Amina Khemici, elected Nov. 5, a chance to become familiar with the issue. They replace Herder and Kennett, who didn’t seek reelection, and Danielson, who was not reelected. Veteran trustee Kinoshita, who was reelected at the same time, needs no grace period.

The new board members said this week they’ve had no formal briefing on the construction management issue.

“They’ve told us absolutely nothing,” Hickey said.

Thomas said she wants district administrators to hold a workshop toward that end.

The Nov. 18 discussion of construction services got off to a less than auspicious start when trustees received the names of four bidding firms — but no details – and the recommendation to hire Jacobs.

The Jacobs bid to guide construction of Sobrato High was $3.3 million more than a state-recommended amount and the approximate amount bid by three other companies.

It didn’t help matters when Martell Taylor, the district director of facilities, recommended that trustees not rely solely on McKennan’s recommendation but talk to other district employees who have spent time in the trenches.

Taylor said hiring Jacobs would be “one of the worst financial decisions you could make this year.”

Taylor, who prefaced his remarks by saying he was “committing career suicide” in going against the superintendent, is no longer with the district. He fell on his sword and resigned Wednesday, according to Branco.

Foster said the Jacobs bid reflected an “at-risk” factor, which the others did not. The at-risk clause means that the construction management firm accepts the responsibility in the case of a lawsuit. Foster conceded that $3.3 million is a huge amount, but he said the firm is willing to negotiate.

Delay, Foster added, means that the new high school won’t open until 2005 instead of fall 2004 as planned.

But Herder, Panos and Kennett wouldn’t be rushed.

Herder cited the enormity of the Sobrato project and said he was uncomfortable acting with so little information.

“I can’t believe we can’t move ahead without deciding this issue,” Herder said.

“I’m not pulling the plug on Sobrato,” said Panos, who wanted more details about the bids and district liability. He also mentioned complaints about past work that Jacobs, Inc. has done for the district.

Kennett, often the lone dissenter in board decisions, also cited the spotty history of Jacobs as the district’s construction superintendent.

“I can’t support this recommendation. There are too many issues with three projects by Jacobs,” Kennett said.

Complaints about Jacobs include miscommunications, the amount of its fees and concern about billing and change orders.

McKennan said alleged double billing by Jacobs was no more than poor record keeping.

“There have been no improprieties,” McKennan said.

McKennan also urged trustees to approve a contract with Jacobs.

“We need someone to oversee the work. We do not have staff to handle this. We need to start tomorrow,” McKennan said.

McKennan said that for a job the size of Sobrato, the low bidder isn’t always the best, adding that there would be issues with a new construction manager.

“We did a record check on all the companies. None of them come without baggage,” McKennan said.

In addition to Jacobs, the bidders were Turner Construction of San Jose, Zahn Group of San Francisco and Harris and Associates of Concord.

During the campaign leading up to the Nov. 5 election, a number of candidates voiced misgivings about Sobrato High. They questioned whether the school is needed, its location, escalating costs and the process of eminent domain being used to acquire some of the needed land.

The land, located in the City of San Jose greenbelt, was donated to the district by the Sobrato development family. The district settled an ensuing lawsuit by San Jose, but the negotiated settlement required the district to find a new spot for the school buildings. Eminent domain came into play when the landowners balked at the district’s purchase offer.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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