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Berkeley Unified School District Board of Education

Adopt-A-School Assignments 2009

Board Member Schools

2009 President Nancy Riddle

Vice President Karen Hemphill

Director John T. Selawsky

Director Beatriz Leyva-Cutler

Director Shirley Issel

John Muir Le Conte Cragmont

King

Longfellow Washington Malcolm X

Berkeley Adult Willard

Berkeley Arts Magnet

Berkeley High B-Tech Academy

Rosa Parks Elementary Early Childhood Development

Jefferson Emerson

Thousand Oaks Oxford

Committee Board MemberAudit Selawsky/Riddle3 community members `

Facilities Safety & Maintenance Leyva-Cutler Rick CarrOversight Committee - 11 members Selawsky Geoff Chandler

7 Board appointed representatives Hemphill Dennis Nielsen

2 representatives appointed by Supt. Issel Catherine Lazio

2 members appointed by BSEP Riddle Bill FloundersStudent DirectorBoard Millard LongSuperintendent Jim RowlandSuperintendent Rowland PetersonBSEPBSEP

Peace & Justice Leyva-CutlerCommission Selawsky Patty Campbell

HemphillIssel Rabbi Jane LitmanRiddle Megan WinkelmanStudent Director Michael Sherman

School Construction Oversight Leyva-CutlerCommittee - 11 members Selawsky James Hallam

Issel Matt TaeckerRiddle Bruce WicinasHemphillStudent DirectorBoard appointment David CobbBoard appointmentBoard appointmentSuperintendent Carl BridgersSuperintendent Terry Doran

Youth Commission Leyva-CutlerSelawskyHemphill Reheil Drar

2009

Berkeley Unified School DistrictBoard of Education

Appointees to Board Committees and Comissions

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Issel Megan WinkelmanRiddle Paul LazarusStudent DirectorBUSD Board Netza RomeroBUSD Board Julian Morris-WalkerBUSD Board

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Committee

Alameda County School Boards Association Riddle (alternate Hemphill)Audit Committee Selawsky/RiddleBerkeley Alliance IsselBerkeley Arts and Music Education Selawsky/IsselBerkeley Integrated Resource Initiative (BIRI) Issel/Leyva-CutlerBoard/City 2 x 2 Committee Riddle/HemphillBSEP Planning & Oversight Committee Riddle/SelawskyCitywide Youth Issel/Leyva-CutlerDistrict Advisory Council (DAC) Hemphill (alternate: Leyva-Cutler)District English Learner Advisory Council (DELAC) Hemphill (alternate: Leyva-Cutler)Facilities Safety & Maintenance Oversight Committee Riddle/SelawskyPolicy Committee Issel/SelawskyPTA Council (rotation) rotatingSchool Construction Oversight Committee SelawskySurplus Facilities Committee No liaison neededBudget Advisory Committee Issel/Leyva-CutlerDistrict Equity HemphillNegotiations Selawsky

2009

Board of EducationBerkeley Unified School District

Representatives to Various Committees

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Grade Continuing New Total Continuing New TotalK 0 19 19 0 34 341 24 1 25 0 10 102 38 1 39 2 7 93 37 1 38 2 4 64 52 0 52 3 8 115 40 0 40 1 6 7

Elem. Total 191 22 213 8 69 77

6 31 3 34 4 11 157 49 0 49 1 14 158 45 1 46 4 2 6

Middle Total 125 4 129 9 27 36

9 45 4 49 4 26 3010 53 1 54 2 9 1111 63 1 64 2 10 1212 64 1 65 6 3 9

High Total 225 7 232 14 48 62

Grand Total 541 33 574 31 144 175

GradeBUSD

Employee SiblingCountyAppeal

Homeless Education Total

K 6 12 1 191 1 12 1 13 1 14 05 06 3 37 08 1 19 1 3 410 1 111 1 112 1 1

Total 16 15 1 1 33

Approved Denied/Not Enrolled

2008-09 Interdistrict Permits

Reason for Accepting New Students

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SCHOOL SITETOTAL IEP'S

COMPLETED IEP'S % COMPLETED

TOTAL TRIENNIALS

COMPLETED TRIENNIALS

ARTS MAGNET 29 29 100% 29 29CRAGMONT 45 43 96% 45 45EMERSON 34 30 88% 34 33JEFFERSON 30 24 80% 30 30JOHN MUIR 33 26 79% 33 32LECONTE 31 25 81% 31 30MALCOLM X 40 39 98% 40 39OXFORD 36 34 94% 36 36ROSA PARKS 30 27 90% 30 25THOUSAND OAKS 33 31 94% 33 30WASHINGTON 32 25 78% 32 29

KING 137 114 83% 137 128LONGFELLOW 56 54 96% 56 56WILLARD 64 56 86% 64 60

BERKELEY HIGH 321 294 92% 321 308B-TECH 16 15 94% 16 1616pre-school (Hopkins, Franklin, speech-only) 53 53 100% n/anon public 88 57 65% 88 84non busd k-12 3 2 66% 3 2home instruction/indp study/home hospital/pending 10 8 80% 10 10

IEP COMPLIANCE REPORT: as of December 19, 2008

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% COMPLETED100%100%97%

100%97%97%98%

100%83%91%91%

93%100%94%

96%100%

96%66%

100%

IEP COMPLIANCE REPORT: as of December 19, 2008

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Javetta Cleveland, Deputy Superintendent (CBO) DATE: January 14, 2009 SUBJECT: Approval of Contracts/Purchase Orders for Services Contracts BACKGROUND INFORMATION The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget. 1 American Eagle Enterprises to provide annual maintenance

services for BHS, Willard MS and Longfellow MS bleachers. The cost will not exceed $10,550. To be paid from Measure BB. Requested by Steve Collins.

2 Bay Area Coalition for Equitable Schools (BayCES) to provide

coaching and development to build the leadership capacity and skill of identified Berkeley High School leaders to lead effective professional learning communities and to design and assist with the implementation and facilitation of effective collaborative planning processes focused on student achievement and equity for 2007-2008 School Year. The cost will not exceed $48,000. To be paid from the Small School Learning Grant. Requested by Jim Slemp.

3 School Wise Press to develop and publish School Accountability

Report Cards and certain other information including digital versions of the reports for the 2007-2008 School Year. The cost will not exceed $14,960. To be paid from the General Fund. Requested by Mark Coplan.

4 Increase in contract, PO901506, to Museum of Children’s Art

(MOCHA) to provide additional hours of program and curriculum coordinator, curriculum development, visual arts instruction and artist’s preparation for Washington Elementary Students. The Board approved $13,777 on November 12, 2008. The additional amount requested is $4,183 for a total amount of $17,960. To be paid from the Arts Anchor and PTA Donated funds. Requested by Rita Kimball.

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5 Increase in contract, PO 900522, to ECHO Landscape to provide additional asphalt repair at BHS and Maintenance. The original purchase order in the amount of $9,402 was issued on August 14, 2008. The additional amount requested is $1,212 for a total amount of $10,614. To be paid from Measure BB. Requested by Steve Collins.

POLICY/CODE Public Contract Code: 20111 Board Policy 3310 STAFF RECOMMENDATION Approve the contracts with Consultants or Independent Contractors as submitted.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Javetta Cleveland, Deputy Superintendent DATE: January 14, 2009 SUBJECT: Approve Listing of Warrants issued in December 2008 BACKGROUND INFORMATION Each month the District writes several checks to vendors for services provided and goods received. The checks are written against both the Restricted and Unrestricted General Fund. The summaries of warrants for the month of December 2008 are attached for the Board’s review. POLICY/CODE Educational Code Section 41010 et seq. FISCAL IMPACT $3,598,252.87 for the month of December from various funds. STAFF RECOMMENDATION Approve the monthly bill warrant lists for the month of December 2008.

FUNDS AMOUNT

GENERAL FUND $1,806,216.46

MEASURE BB FUND $121,149.95

TRANS FUND $22,500.00

SCHOOL ENRICHMENT FUNDS $108,382.12

MEASURE B $12,231.79

ADULT FUND $55,016.04

CHILD DEVELOPMENT FUND $4,301.14

CAFETERIA FUND $131,875.81

DEFERRED MAINTENANCE FUND $16,897.60

PUPIL TRANSPORTATION EQUIPMENT $20,000.00

MEASURE A+AA (BOND FUND) $570,335.42

COUNTY SCHOOL FACILITIES FUND $39,074.00

SELF INSURANCE FUND $80,392.40

PAYROLL/BENEFITS CLEARING $609,880.14

TOTAL DISTRICT BILL WARRANT $3,598,252.87

BERKELEY UNIFIED SCHOOL DISTRICT

District Bill Warrant -- Accounting Department

BILL WARRANT FOR DECEMBER 2008

VOUCHERS PAID 12/01 THRU 12/31/08

TRANSP COUNTY PAYROLL/ GENERAL MEAS BB TRANS BSEP4 BSEP5 BSEP7 MEAS B ADULT CHILD DEV. CAFÉ DEF MAINT EQUIPMENT MEAS.A SCH.FACIL SELF INS. BENEFITS

VOUCHER FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND CLEARINGDATE TYPE 01 02 03 04 05 07 08 11 12 13 14 15 21 35 67 76 TOTAL04-Dec-08 W/R 311,112.69$ 52,632.40$ 31,963.59$ 839.13$ 666.69$ 6,207.24$ 299.46$ 46,123.76$ 28,875.00$ 24,773.85$ 503,493.81$ 05-Dec-08 W/R 188,537.97$ 5,005.97$ 11,706.30$ 6,460.95$ 1,310.00$ 2,011.03$ 5,063.69$ 65.21$ 26,967.17$ 20,000.00$ 379,028.39$ 2,750.00$ 36,662.37$ 208,035.90$ 893,604.95$ 09-Dec-08 W/R 287,027.14$ 38,739.80$ 11,199.71$ 3,840.00$ 402.96$ 13,292.35$ 25,701.58$ 2,797.60$ 143,519.61$ 1,100.00$ 169.17$ 527,789.92$ 16-Dec-08 W/R 654,750.54$ 7,295.63$ 22,500.00$ 3,723.03$ 3,152.28$ 2,175.46$ 17,579.35$ 1,434.19$ 26,311.16$ 11.66$ 6,194.77$ 9,142.68$ 754,270.75$ 17-Dec-08 W/R 213,682.70$ 17,476.15$ 28,471.81$ 236.84$ 6,975.65$ 12,873.41$ 2,502.28$ 6,772.14$ 1,049.96$ 35,224.00$ 12,592.24$ 392,701.56$ 730,558.74$ 18-Dec-08 W/R 163,095.42$ 281.66$ 5,196.82$ 14,100.00$ 17,850.80$ 200,524.70$

TOTAL 1,818,206.46$ 121,149.95$ 22,500.00$ 87,346.10$ 15,886.02$ 5,150.00$ 12,231.79$ 55,016.04$ 4,301.14$ 131,875.81$ 16,897.60$ 20,000.00$ 570,335.42$ 39,074.00$ 80,392.40$ 609,880.14$ 3,610,242.87$

CANCELLATIONS:08-Dec-08 MAN (11,990.00)$ (11,990.00)$

GRAND TOTAL 1,806,216.46$ 121,149.95$ 22,500.00$ 87,346.10$ 15,886.02$ 5,150.00$ 12,231.79$ 55,016.04$ 4,301.14$ 131,875.81$ 16,897.60$ 20,000.00$ 570,335.42$ 39,074.00$ 80,392.40$ 609,880.14$ 3,598,252.87$

Detail available in Business Office Approved By:

Board Approved: PAULINE FOLLANBEE,CPA W/R: warrant registerDIRECTOR OF FISCAL SERVICES MAN: manual issue

Berkeley Unified School District Berkeley, California

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December-08

Type of General Measure BSEP BSEP Measure B Adult Child Café` Meas.A+AA Self Ins.DATE Payroll Totals Fund BB Fund Site Enrich. Measure A Fund Fund Develop. Develop. BSEP (Bond Fund) Fund

210 212 215 220 240 230 270 26001 02 05 04 08 11 12 13 16 21 67

12/15/08 Mid $762,683.69 $393,162.02 $1,630.61 $7,726.82 $14,522.70 $158.04 $260,030.50 $51,180.76 $34,155.57 $0.00 $0.00 $116.67 $762,683.69

12/19/08 Retro $2,306,534.00 $1,716,586.19 $115,856.83 $1,298.57 $136,885.91 $3,544.17 $137,054.12 $116,280.76 $63,289.19 $372.09 $10,217.88 $5,148.29 $2,306,534.00

12/22/08 Mid-Fix $34,285.90 $29,920.26 $166.38 $0.00 $1,307.35 $0.00 $432.00 $1,739.53 $720.38 $0.00 $0.00 $0.00 $34,285.90

12/30/08 EOM $1,727,786.37 $1,154,905.62 $166,492.35 $0.00 $140,642.31 $0.00 $72,417.05 $88,674.25 $81,634.62 $0.00 $15,799.69 $7,220.48 $1,727,786.37

1/2/09 EOM $3,765,263.57 $3,417,027.57 $0.00 $0.00 $179,352.67 $13,021.09 $34,396.23 $121,466.01 $0.00 $0.00 $0.00 $0.00 $3,765,263.57

Totals $8,596,553.53 $6,711,601.66 $284,146.17 $9,025.39 $472,710.94 $16,723.30 $504,329.90 $379,341.31 $179,799.76 $372.09 $26,017.57 $12,485.44 $8,596,553.53 $8,596,553.53

BERKELEY UNIFIED SCHOOL DISTRICT District Payroll - Accounting Department

Payroll Issued by Funds

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TO: William Huyett, Superintendent FROM: Javetta Cleveland, Deputy Superintendent DATE: January 14, 2009 SUBJECT: Acceptance of Gifts/Donations BACKGROUND INFORMATION The Board may accept and utilize on behalf of the District any bequests or gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District: 1. Eric and Sarah Kansa donated $250 to purchase discretionary

supplies for Thousand Oaks School. 2. Ruth Tabaneax donated a saxophone valued at $300 and an oboe

valued at $800 for a total of $1100 to the BUSD Music Department. 3. Rose Goldberg donated a piano valued at $6,000 to the BUSD Music

Department. 4. Janine Kraus donated $15 to the BUSD Music Department. 5. David and Vivian Auslander donated $125 to the BUSD Music

Department. 6. Suzanne Anderson donated $10 to the BUSD Music Department. 7. Macy’s West G.I.F.T. Campaign donated $52 to the Principal’s

Discretionary fund for Thousand Oaks School. 8. Thousand Oaks PTA’s annual administrative grant donated $200 for

purchase an office chair for Thousand Oaks School. 9. Wendy J. Heidebrecht donated $115.39 through the Wells Fargo

Foundation Educational Matching Gift Program to the General Fund. 10. Center for Ecoliteracy donated $270 for 2 days of substitute pay for

Beth Sonnenberg for King Middle School.

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11. Lessly Wikle donated $390 through the PG&E Corporation for the Conflict Resolution Program at Jefferson Elementary School.

12. Jefferson School PTA donated $10,000 for yard supervisor for

Jefferson School. 13. Steve Tomich donated a flute valued at $500 and a trumpet valued at

$500 for a total of $1,000 to the Music Department at King Middle School.

14. Margery Lackman donated a DVD player valued at $60 to the

Leadership Class at King Middle School. BOARD POLICY BP 3290 FISCAL IMPACT The District received a total of $19,587.39 in donations. STAFF RECOMMENDATION Accept the donations/gifts to the District and request staff to extend letter of appreciation.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Javetta Cleveland, Deputy Superintendent DATE: January 14, 2009 SUBJECT: Authorization to Declare Surplus Property BACKGROUND INFORMATION The Curriculum and Instruction department has identified obsolete textbooks and instructional materials that are of no foreseeable value to the District. The textbooks have been replaced with new state adoption materials and these obsolete textbooks and/or materials now need to be declared surplus and disposed thereof. California Education Code and BUSD Policy provide that surplus instructional materials may be sold to an organization that agrees to use the materials solely for educational purposes or they may be donated to a charitable organization for educational purposes. An organization that will purchase these materials, solely for educational purposes, has not been identified. However, the Curriculum and Instruction Department has identified an organization “Books for Africa”, a 501(c)(3) charity that ships donated books to schools and libraries in Africa; and, pending Board approval has made tentative arrangements with Follett Educational Services to pick up the materials. The textbooks will be delivered to the Books for Africa warehouse in St Paul, Minnesota, at no cost to our District. With Board approval, staff will publish the required 60 day Notice of Intention and arrange pickup and disposal of surplus instructional materials. POLICY/CODE Ed Code 60510-60511 Board Policy 3270 FISCAL IMPACT There is no cost to the District beyond the resources utilized to collect the materials, coordinate and document disposal. STAFF RECOMMENDATION Declare surplus and approve donation of unusable instructional materials.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Neil Smith, Assistant Superintendent, Educational Services DATE: January 14, 2009 SUBJECT: MOU to Subcontract with Berkeley-Albany YMCA Head Start

for CDE Child Days of Enrollment BACKGROUND INFORMATION The District contracts annually with the California Department of Education (CDE) to fund the Early Childhood Education Program. CDE sets the amount of the contract based on projected enrollment and reimburses BUSD at a rate of $41.73 per day for a full time preschool child. The district is currently not meeting our goal of preschool child enrollment days, as a result of moving into new facilities and opening some classrooms later in the year. BUSD Early Childhood Education staff is recommending that the District subcontract with Berkeley-Albany YMCA Head Start for up to 4800 child days of enrollment in order to meet our contract with CDE. The District has used this process in previous years to meet its contract. The district will reimburse Head Start at a rate of $35.48 per day, retaining 15% of the CDE funds for indirect costs. A copy of the MOU for subcontracting up to 4800 CDE child days of enrollment has been attached. Board approval of the MOU is required. POLICY/CODE California Development Division Ed Code Title 5 FISCAL IMPACT Up to $170,304 from the CDE Contract to Berkeley-Albany YMCA Head Start STAFF RECOMMENDATION Approve the MOU for 2008-09 to subcontract with Berkeley-Albany YMCA Head Start for CDE Child Days of Enrollment.

Berkeley Unified School District MEMORANUM OF UNDERSTANDING

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This Memorandum of Understanding is dated this 1st day of July, 2008, by and between Berkeley Unified School District hereinafter referred to as “BUSD” and Berkeley-Albany YMCA Head Start hereinafter referred to as “SUBCONTRACTOR” whose place of business is with Early Childhood Education/BUSD, for Professional Services.

This Memorandum of Understanding represents the services which “SUBCONTRACTOR” will provide to the “BUSD” Early Childhood Education Department during the 2008/2009 school year. ARTICLE I: DESCRIPTION OF THE CONTRACTING AGENCY – “CONTRACTOR” Berkeley Unified School District herein after referred to as BUSD, is a California Local Education Agency that holds a contract with the Child Development Division, California Department of Education (CDE) for state child development program services. BUSD wishes to subcontract the delivery of part of the services to Berkeley-Albany YMCA, Inc., a California nonprofit charitable public benefit corporation, herein after referred to as Subcontractor. Whereas, BUSD has found Subcontractor to be able to meet the needs of BUSD for state child development funded services and that Subcontractor has prior experience operating programs funded by the Child Development Division, California Department of Education. ARTICLE II: STATEMENT OF SERVICES TO BE PROVIDED Subcontractor will provide the following services from the period of July 1, 2008 through June 30, 2009.

1. Subcontractor will serve a goal up to 4800 CDE child days of enrollment. Parent fees received

from subsidized parents are to be expended and earned by the contractor before contract funds shall be claimed for reimbursement.

2. Subcontractor shall provide the services for a minimum of 240 days during the contract period on

the days shown on the attached calendar provided by the Subcontractor, which is part of this contract.

3. All services shall be those required in the Funding Terms and Conditions which are herein

incorporated into this contract. The requirements of the Desired Results for Children and Families issued by the CDE are herein incorporated into this contract for services to qualifying children.

4. Subcontractor shall have full responsibility for certification of eligibility of families for services

under this contract, including eligibility under the Funding Terms and Conditions that is incorporated into the contract between BUSD and CDE and any errors, audit exceptions or other non-qualification that result in funds due back to the Department of Education under this contract shall be borne by Subcontractor. Subcontractor shall prioritize the admission of children for services under this contract as required by CDE, State Child Development Grant Approved Service Plan and any other legislation or regulation of the State of California and the Federal Government. Subcontractor shall participate in the Centralized Eligibility List as required by the California Department of Education.

5. Subcontractor shall furnish to BUSD by the tenth working day of each month, monthly

attendance data, and any data required in the March 16, 1998 letter from the California Department of Education and any other data required for reporting to the CDE. Subcontractor shall prepare all forms required for submission to the CDE under this grant. BUSD shall pay


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Subcontractor within two weeks of the 10th if the invoice and backup materials are satisfactory and submitted by the 10th of the month. Data submitted after the 10th of the month shall be processed the following month, except for the month of June when reimbursements will be made only for data submitted by the 10th of July. No payments will be made for data submitted 45 days late.

6. Subcontractor agrees to any and all reasonable and normal requirements as set forth by the BUSD

Board of Education and CDE, with 60 days notice, including but not limited to monitoring and inspection during normal business hours of the premises, books, records and files related to the provision of services under this subcontract.

7. Subcontractor shall keep separate fund accounting for the State Child Development Program and

comply with pertinent requirements of the School Accounting Manual for determination of proper allocation of income and expenses. Subcontractor shall provide detailed information as required by BUSD and the California Department of Education by the deadline for each report to the CDE and final information no later than July 10th for the period ending June 30th.

8. Subcontractor shall abide by all Funding Terms and Conditions, Policy memorandum,

Management Bulletins and regulations of CDE. Rates for travel and per diem shall not exceed that set according to the California Code of Regulations, Title 5 Section 18034(j) that sets the rates as those paid to the majority of the CDE represented employees computed in accordance with the Department of Personnel Administration’s regulations, Title 2 California Code of Regulations subchapter 1.

9. Subcontractor shall participate actively in the Categorical Program Monitoring (CPM) by CDE of

BUSD and this subcontract. Subcontractor shall have materials prepared in advance and during the contract period to show full compliance with the requirements of the CPM.

10. Subcontractor shall participate actively in the annual self review as required by the California

Department of Education and report findings to BUSD by May 15th of each year. Subcontractor agrees to provide information required by the annual self-review according to deadline dates established by BUSD or no later than May 15 of each year.

11. Subcontractor shall comply with all of the requirements of the contract between the Child

Development Division, California State Department of Education and BUSD.

12. This contract must be audited as required by the CDE and the Federal Office of Management and Budget and a copy of the independent audit shall be delivered to the offices of BUSD on or before November 15, 2009 or whatever date as required by CDE. The audit must be at the sole cost of the subcontractor, but is an allowable cost under this subcontract.

13. Subcontractor is acting in an independent capacity and not as officers, employees or agents of the

State of California or BUSD.

14. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by authorized agents for Subcontractor and BUSD. No oral understanding or agreement shall be binding on either party. Any alteration or variation of the terms of this contract are subject to review and approval of the California Department of Education.


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15. This subcontract may not be contracted to others, excluding contracts for family day care, janitorial, bookkeeping, audit and training services without the express written permission of BUSD.

16. The Fair Employment Practice Statement of Compliance, Drug-Free Workplace Certification and

Certification Regarding Lobbying for Grants and Cooperative Agreements and Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary Exclusion is incorporated by reference into this agreement.

17. This contract may be terminated without cause by either party upon 60 days written notice. Any

breach of contract upon the part of Subcontractor shall cause Subcontractor to be financially liable for actual documented costs as determined through arbitration not to exceed the contracted amount.

18. Subcontractor shall maintain records for program review, evaluation, audit and/or other purposes

and make them available to the agents of the Federal or State government or BUSD for a minimum of five (5) years. Findings or audits must be submitted to BUSD’s agent within 20 working days. Audit exceptions must be reported in writing within 24 hours.

19. Title to equipment as defined by the California Department of Education’s School Accounting

Manual as having a useful life of two years or more rests with Subcontractor only as long as this contract or its successor is in effect. Upon termination of the contract, title to all equipment purchased under this contract shall revert to BUSD. Any unit of equipment costing over $5,000 must have prior written authorization for purchase from both BUSD and CDE. Any renovation of facilities using this funding must be with prior approval of BUSD who may be required to seek approval by CDE.

20. This contract is contingent upon appropriation and availability of funds from CDE and their

approval of this contract.

21. The consideration paid to Subcontractor shall be considered full compensation for all the expenses incurred by Subcontractor in the performance of this contract. Subcontractor shall not be permitted to earn a profit related to this contract and shall be reimbursed for the lessor of expenses or attendance at a rate not to exceed the maximum contract amount of the contract between the Child Development Division, California Department of Education and BUSD, minus 15%.

ARTICLE III: TERM OF SERVICES “SUBCONTRACTOR” shall commence work on July 1, 2008. Work to be completed by June 30, 2009. ARTICLE IV: REQUIREMENTS OF THE “BUSD” To support the delivery of quality educational services to students and the school, as part of this Agreement, the “BUSD” agrees to the following: All services shall be those required in the Funding Terms and Conditions which are herein incorporated into this contract. The requirements of the Desired Results for Children and Families issued by the CDE are herein incorporated into this contract for services to qualifying children.


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ARTICLE V: TECHNICAL DIRECTION Performance of the work under this Agreement shall be subject to the direction of BUSD Principal/Manager: La Sonya McCain. ARTICLE VI: FINGERPRINTING AND TB CLEARANCE Education Code 45125.1 and 49406 indicate that employees of entities providing services on a school site must have a tuberculosis clearance and be fingerprinted by the California Department of Justice for a criminal records check and found not to have been convicted of a serious or violent felony. The “SUBCONTRACTOR” shall certify in writing to BUSD that none of its employees who will have contact with students have been convicted of a serious or violent felony; and shall not permit any employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a serious or violent felony. The “SUBCONTRACTOR” must provide to the “BUSD” a list of names of its employees who will have any contact with students; a copy of this list of the “Contractor’s” employees shall be attached to this MOU. This requirement applies to any substitute, newly hired or reassigned employee of the “SUBCONTRACTOR” during the term of this contract. If modifications are made to the list, the “SUBCONTRACTOR” must submit an updated list to the “BUSD” prior to the employee beginning work at the school site. ARTICLE VII: INSURANCE (1) If “SUBCONTRACTOR” employs any person to perform work in connection with this Agreement,

“SUBCONTRACTOR” shall procure and maintain at all times during the performance of such work, Workers’ Compensation Insurance in conformance with the laws of the State of California and Federal laws when applicable. Employers’ Liability Insurance shall not be less than One Million Dollars ($1,000,000) per accident or disease.

(2) “SUBCONTRACTOR” shall maintain General Liability Insurance, including automobile coverage

with limits of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The coverage shall be primary as to the “BUSD” and shall name the “BUSD” as an additional insured. Evidence of insurance is attached. Inclusion of the “BUSD” as an additional insured shall not affect the “BUSD” rights to any claim, demand, suit or judgment made, brought or recovered against the “SUBCONTRACTOR”. The policy shall protect the “SUBCONTRACTOR” and the “BUSD” in the same manner as though each were separately issued. Nothing in said policy shall operate to increase the insurer’s liability as set forth in the policy beyond the amount or amounts shown or to which the insured would have been liable if one interest were named as an insured.

(3) If “SUBCONTRACTOR” is offering the “BUSD” professional advice under this Agreement,

“SUBCONTRACTOR” shall maintain errors and omissions insurance or professional liability insurance with coverage limits of One Million Dollars ($1,000,000) per claim.

(4) No coverage shall be deleted from the “SUBCONTRACTOR’S” standard policy without notification

of individual exclusions being attached for review and acceptance. Policy language or endorsements adding Berkeley Unified School District as an addition insured shall not include exclusions or exceptions which defeat the purpose of protecting Berkeley Unified School District from any liability for bodily injury or property damage arising out of the “SUBCONTRACTOR’S” operations.

ARTICLE VIII: HOLD HARMLESS Subcontractor agrees to indemnify and save harmless the State of California and BUSD, its officers, agents and employees from any and all claims and losses, attorney fees occurring or resulting to any and


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all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract. BUSD agrees to indemnify and save harmless the Berkeley Albany YMCA, its officers, agents and employees from any and all claims and losses, attorney fees occurring or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract by BUSD.

ARTICLE IX: COMPENSATION FOR SERVICES (1) The “BUSD” agrees to pay “SUBCONTRACTOR” a total of $200,000.00 for the services described

above. BUSD is purchasing services from Subcontractor under their grant from CDE up to and no more than $170,304.00. Subcontractor will be reimbursed at the rate BUSD is reimbursed from CDE including any adjustments or COLAs, minus 15% administrative and monitoring cost. The 2008/09 expected rate paid by CDE to BUSD is $41.73 for a full time preschool child per day, resulting in a rate of $35.48 per day paid to the subcontractor All invoices for contracted services must be generated by the vendor on an appropriate letterhead or vendor forms. It must include dates/hours of service, rate of pay, description of service and a total cost.

(2) The “BUSD” agrees to pay the “SUBCONTRACTOR” the contracted amount in monthly payments.

Each payment will be based on an invoice submitted by the “SUBCONTRACTOR” on the last day of each month. The Invoice is to be generated by the “SUBCONTRACTOR” on appropriate letterhead or form and shall include: description of services rendered during the invoice period; date and hours of services, rate of pay for the specific services provided during the month and a total. Invoices are to be sent to the accountant at BUSD.

(3) The “SUBCONTRACTOR” shall maintain accurate records of costs incurred in performance of this

Agreement and shall make such records available to the “BUSD” upon request. ARTICLE X: TERMINATION This Agreement can be terminated without fault of either party with at least thirty (30) days’ written notice. This contract may be renewed by both parties in writing on an annual basis no later than 60 days prior to the end of the contract period. The period of this contract shall be from July 1, 2008 through June 30, 2009. ARTICLE XI: PRIOR AGREEMENTS This Contract represents the sole agreement between the “BUSD” and the “SUBCONTRACTOR” with respect to the scope of services described herein. Any prior understanding or agreements, written or oral, between the “BUSD” and the “SUBCONTRACTOR” are superseded by this Agreement. ARTICLE XII: SEVERABILITY The invalidity or unenforceability of any one or more of the provisions of this Contract shall in no way affect the validity or enforceability of any of the other provisions hereof, and any provision that is prohibited by or under the laws of any jurisdiction shall be ineffective in such jurisdiction only to the extent of such prohibition and shall not invalidate or in anywise affect the other provisions hereof. ARTICLE XIII: ALTERNATIVE DISPUTE RESOLUTION In the event of dispute about any invoice or the quality of work of the “SUBCONTRACTOR”, the “BUSD” and “SUBCONTRACTOR” agree to mediate such a dispute before a mutually agreed-upon


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mediator or a dispute resolution service. The “BUSD” and the “SUBCONTRACTOR” agree that neither party will bring any lawsuit regarding this Agreement. SUBCONTRACTOR

Contractor / Agency Name: Berkeley-Albany YMCA Early Childhood Services

Address: 2009 10th Street, Berkeley, CA 94710

Contractor’s Contact Person/Title: Pamm Shaw, Executive Director/Angelo Gallego, VP/CFO

Telephone: (510) 848-9092 e-mail: [email protected]

Signature: ______________________________________________________ Date: ______________

Signature: ______________________________________________________ Date: ______________ BERKELEY UNIFIED SCHOOL DISTRICT

By Superintendent / Deputy: Javetta Cleveland

Signature: _______________________________________________________________ Date: _______________

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Approval of Yearly Facilities Plan Modifications and Approval

of an Architect for the Berkeley High Portable Project BACKGROUND INFORMATION On December 10, 2008, the Board approved a three step process to revise its Facilities Plan. The Board directed staff to study ten potential changes to the current plan. Staff has studied those ideas and recommends the following changes:

1. Add five portables and one restroom unit to Berkeley High School;

2. Replace some flooring at Oxford. 3. Replace the switchgear at one school (BAM); 4. Continue to study recommendations for food service

equipment changes at the King Dining Commons; 5. Improve the drainage at the King track; 6. Delete the assumption that BUSD will receive deferred

maintenance funds; 7. Revise final budgets to release funds no longer needed for

project completion; 8. Allocate inflation to projects not yet bid; 9. Modify the Risk Pool budget; and, 10. Plan for bond issuance in the spring; increase the expected

cost of issuance. Berkeley High School After study of the population trends, it is clear that Berkeley High School needs at least three portables. Based on the health code, once we add three portables, an additional restroom unit is needed. The current electrical infrastructure can support up to five additional portables. While it is not clear that BHS needs all five portables, it does not make sense to piece-meal additional portables in the following year. It appears probable that the High School may be able to bring back the students at the Washington portables with the additional portables, but this will need to be verified through the master schedule. A small increase in furniture expenditures is also recommended so these portables can be furnished. The purchase and installation of portables is time sensitive, and if we are to have them installed for the opening of school, the architect will need to be approved at this Board Meeting.

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Oxford The flooring in the multi-purpose and two classrooms is very old. The floor in the multi-purpose is the original vinyl tile. Replacement of the tile with either linoleum or tile will remove a potential safety hazard, improve the appearance and make the use of the spaces more versatile. Berkeley Arts Magnet The main electrical power is very old and it failed once a year ago. We got the power back on again, but the switchgear is old and may fail again. We are recommending replacement of the main service. Food Service Equipment The Food Service Director believes that it is wise to increase the refrigeration and the dishwashing capacity at the new site. A design was developed, but it is more money then we are prepared to recommend at this time. We will continue to refine the scope and may make a recommendation mid-year. Deferred Maintenance Funds The State has gone back and forth on funding this category. If the State does fund it, we are in line to receive funds. The precarious state of the State budget suggests that we should not count on this money until it arrives. Release of Project Funds As we complete the construction or settle any claims and start to close projects out with DSA, we can better predict the final costs. We sometimes carry a few thousand dollars in the budgets of very old projects because we have not been able to finalize as-built plans from the architect or are working out the final cost of permit fees (which are based on a percentage of final construction value) until we get final paperwork from a testing laboratory or get DSA to accept that a failed contractor refuses to submit paperwork to that agency. There are quite a few projects where small remaining budgets have been released. Inflation We are recommending allocating the full inflation this year. Inflation may be slightly overstated in future years – the Engineering News Record (ENR) is predicting about 4% inflation next year, not the 8% that we have budgeted. If future inflation is low, the available balance will grow. Risk Pool The Risk Pool budget is set at 5% of the total cash projected to be spent in the future. It is available for legal expenses and for extraordinary unknowns. It is re-allocated every year when we adopt a new plan.

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Bond Issuance We delayed the last planned bond issuance last year because we did not need the cash for another year. If we do not issue more bonds, we may run out of cash at the end of 2010. However, it will be towards the end of 2009 that we may be signing contracts that will rely on this planned issuance. Bond issuance is often done in the spring or early summer to ensure that it is placed on the tax roles in November. The Board will need to vote specifically on the issuance of bonds at a future Board meeting. The premium from the sale of bonds is recorded in the District’s Bond Interest and Redemption Fund and used towards retirement of the principal and interest on the long term debt established when the bond was issued. The premium does not offset the bond issuance costs. The bond issuance costs are deducted from the proceeds from the sale of the bond and the net amount of the sale is available for facility projects. Therefore, the bond issuance costs were deducted from the available balance for facilities under other building expenses. POLICY/CODE Board Facilities Plan process consistent with previous years. FISCAL IMPACT There are minor administrative and printing costs. All costs to be within the Bond. The available balance is $1,614,905. Some of these funds may be needed for King Dining Common’s equipment modifications, some may be used to explore new facility initiatives and some may be needed if projects come in over budget. STAFF RECOMMENDATION Approve the reallocations listed. Approve HKIT Architects in an amount not to exceed $65,000 to design, permit and provide construction administration services for the BHS portables.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Grant Proposal for Solar Panels at Rosa Parks BACKGROUND INFORMATION The staff and P.T.A. at Rosa Parks have jointly submitted an application to the PG&E Solar Schools Program. The grant would provide for the installation of solar panels as well as teacher training. The solar panels would be used to teach students about renewable energy in accordance with science standards. A copy of the proposal is attached. The deadline for submission is March 1st, 2009, and the Rosa Parks community followed the guidelines. However, Board approval is needed to accept the grant if it is awarded. POLICY/CODE Ed Code 51770, 51771. FISCAL IMPACT None. STAFF RECOMMENDATION Approve the grant proposal for solar panels at Rosa Parks.

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Solar Photovoltaic (PV)

Large System Installation: Guidelines and Application

The PG&E Solar School Program is celebrating its 100th solar school installation by granting one lucky participant a rooftop solar array valued at $200,000! One of the largest programs of its kind, the PG&E Solar Schools Program has awarded to 100 schools throughout northern and central California, a 1 kW educational pole-mounted solar array to illustrate the value of alternative energy. Now, PG&E is reinforcing that value lesson by donating one larger solar roof top energy system and energy efficiency funding to schools that can creatively demonstrate how the PG&E Solar Schools Program has affected their students and community. This larger system will provide the same learning opportunities of the 1kW installation while also substantially reducing the school’s energy bill on an ongoing basis. Only existing PG&E Solar Schools that have been awarded a demonstration solar on a stick installation may apply. The top three applicants each will receive a solar feasibility study and energy audit. Only one solar installation will be awarded. The runners up will receive the following prizes:

Second prize - $10,000 grant for solar tube day lighting Third prize - $5,000 grant for energy efficiency upgrades

Applications must be received by January 10th to be considered. Award notifications will be made

in March of 2009.

www.pge.com/solarschools

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Table of Contents: Section I: PG&E Solar Schools Program Background _________________________ 4

PG&E Solar Schools Summary______________________________________________________ 4 PG&E Solar Schools Project Team __________________________________________________ 4 Design of PV Systems and Data Monitoring Systems for the PG&E Solar Schools Projects _________________________________________________________________________ 4

Performance Monitoring___________________________________________________________________ 4 Value of Donated PV Systems ______________________________________________________________ 4

Section II: PG&E Solar Schools Program Application Guidelines ______________ 5 Eligibility and Selection Criteria_____________________________________________________ 5 How to Apply ____________________________________________________________________ 5 Creating an Action Plan____________________________________________________________ 5

PG&E Solar Schools Program Application____________________________________ 7

Final Application Checklist __________________________________________________ 9

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Section I: PG&E Solar Schools Program Background PG&E Solar Schools Summary PG&E's Solar Schools Program teaches the value of alternative energy by turning school buildings into hands-on science experiments. This award-winning program makes science fun and teaches students how their everyday actions can impact the environment.The PG&E Solar Schools Program, now in its fifth year, focuses on public schools in underserved communities within the PG&E service area in Central and Northern California. PG&E Solar Schools Project Team The solar schools program is a collaboration among PG&E, The Foundation for Environmental Education and The National Energy Education Development program. The contest selection team will be comprised of representatives from each organization. Design of PV Systems and Data Monitoring Systems for the PG&E Solar Schools Projects The large PV system installed under the PG&E Solar Schools Program will be designed to fit the unique site conditions of the selected school. Before a school considers applying, it should confirm that the school can:

1- Commit to sending five or more teachers (multiple disciplines – science and math highly encouraged) to a solar schools training workshop

2- Conduct an outreach effort to educate both students and the community about the benefits of solar energy.

3- Have a roof that is in reasonably good condition, and free of obstructions (large trees, tall buildings, large HVAC equipment, etc.) in southern and western facing roof planes.

4- Have the support of their local school team as well as district staff, including its facilities department.

5- Confirm that it would also be interested in receiving an energy efficiency grant if it is not selected for the larger system.

Performance Monitoring Installed PV systems will include a performance-monitoring system enabling students (and the community at large) to monitor the production of solar electricity on a “real-time” basis. This information will be accessible through an internet website. Schools must provide a local LAN connection to allow the monitoring system to communicate with the internet. Value of Donated PV Systems The large PV system is valued at up to $200,000. The school selected will be asked to provide DSA inspection services; however, the Foundation for Environmental Education and its contractor will provide all engineering and turn-key installation services. In addition to the value of the up front donation, the system will provide an ongoing monetary benefit to the school of several thousand dollars a year. The donation includes the cost of construction, PV modules, inverter (converting DC power from the modules to AC power), and a data acquisition system that will monitor the performance of the PV system. By accepting ownership of the system, the school will receive the full warranty provided by the system supplier/installer. This includes a twenty five year warranty on the modules and the installer will also offer a ten year service warranty. There will be no ongoing funding available from the project partners once the system is installed and operational.

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Section II: PG&E Solar Schools Program Application Guidelines Eligibility and Selection Criteria Any public school within the PG&E service territory that receives service from PG&E and that has been awarded a 1kW PG&E Solar Schools installation is eligible to apply. Eligible schools within underserved communities shall receive first priority in the selection process, which is a standard target of PG&E’s Charitable Contributions program. Underserved communities include people with low incomes, people of color, seniors, the disabled, and the LGBT community. One school will be awarded the $200,000 large PV system installation. Two additional schools will be selected for energy efficiency prices. Second prize is a $10,000 grant for solar tube day lighting, and third prize is a $5,000 grant for energy efficiency upgrades. The Foundation for Environmental Education will be responsible for facilitating the implementation of each of the prizes, including contractor selection. How to Apply Eligible schools must complete the enclosed application and submit it to the Foundation for Environmental Education (address and detailed instructions below). Please read this entire application packet carefully to ensure that you fully understand your school’s obligations should it be chosen to participate. The following criteria will be given the highest priority in the selection process:

1. Schools with a demonstrated commitment to teaching the values of energy and environmental sustainability.

2. Schools that have a roof that is reasonably good condition, and free of obstructions (large trees, tall buildings, large HVAC equipment, etc.) in southern and western facing roof planes.

3. Schools that have strong support and leadership within their local school team, as well as district staff, including its facilities department.

Successful Applications Will Most Effectively Highlight: 1. Classroom Education We are looking for schools that have made a sustained commitment to teaching the renewable energy and environmental principles outlined in the NEED curriculum that has been provided by the PG&E Solar Schools Program. Each school should articulate what educational efforts have been integrated to date, and should be able to illustrate the expansion of this commitment on an ongoing basis. The strongest candidates will be able to demonstrate tangible results because of their involvement with the PG&E Solar Schools Program. 2. Community Outreach Successful applicants should be able to illustrate how they have utilized their existing 1kW solar system to inspire and educate the student population and the community about the use of renewable energy. Schools wishing to apply must:

• Complete the enclosed application. • Submit a Written Narrative/Action Plan (1000 words or less). • Describe the condition of the school facility, including any modernization that has occurred

in the past ten years. • Provide a one page description of current energy related educational activities at the

school. Creating an Action Plan A goal of the PG&E Solar Schools program is to ensure that these solar installations contribute an important and on-going part of each school’s educational activities. We would also like to know how any financial energy savings will be reinvested in education. Thus, applicants will be

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judged heavily on their plans for education and outreach. As part of your Action Plan, please note how your school will promote the installation to involve students, create interactive activities, and involve the broader community concerning renewable energy issues. The Action Plan should also describe the outreach efforts your school will undertake to educate its students and the community as a whole about the benefits of solar energy. Some possible outreach activities include:

• Developing a student committee to work with the city council or other governing body to pass a local resolution to recognize the school’s work with solar or support additional solar installations within the community.

• Holding an annual energy fair to educate the community about solar and other renewable energy systems

• Publishing articles in local newspapers about solar energy Preference will be given to those schools that present a coherent and imaginative set of hands-on activities and objectives that involve a broad cross-section of teachers, students and administrators who are committed to making the solar installation one of the school’s cornerstone learning experiences. When articulating your Action Plan, include the following:

• Identify a Solar Program Coordinator (designated point of contact) and the specific steps he or she will take to ensure that the entire school is made aware of the PV system. Provide a preliminary list of teachers in your school who will be part of this project and participate in curriculum training. Also, list what specific contributions each will make toward educating students and the community about solar energy. Please also describe your Solar Program Coordinator’s efforts with the existing 1kW installation.

• Describe how the school will link with the local community and businesses through, for example, school-to-work programs, outside speakers, etc., to build awareness of the particular installation and solar energy in general.

• The school must be willing to hold a community Solar Celebration within three months of the installation, so that the general community can learn about how the system works. Explain your plans for this public-outreach event.

• Describe any energy or environmental efforts the school has undertaken since the installation of the 1kW system, particularly any energy efficiency or energy conservation actions.

Every school that applies for a large PV system will receive a thorough review of its application. Schools selected to participate will be notified by a representative of Pacific Gas and Electric Company. Schools that are not selected for a PV system will be informed and invited to participate in a PG&E-sponsored teacher training workshop. Schools that are not selected will be eligible to reapply during future any rounds of this program.

PG&E Solar Schools Program Application Please return your completed application to: ATTN: Glen Kizer Foundation for Environmental Education Thoreau Center for Sustainability

1009 General Kennedy Avenue, #2 San Francisco, CA 94129

You may email ([email protected]) or fax (509-561-2528) a copy of your application, and send the original via mail to the address above. 1. School Information

Name Address Phone Fax District Name County

2. Principal of the School

Name Phone Fax Email

3. Designated Project Contact Person

Name Phone Fax Email

4. Designate 5 educators to attend the NEED teacher training workshop

Name Subject(s) taught Phone Fax Email


Name Subject(s) taught

Phone Fax Email



5. Additional Information

Grades taught at this school Number of students attending this school Number of students in this school district What is your school’s PG&E account number?

6. Suggested location for the PV array. Take into consideration the condition of the roof,

exposure (southern and western roof planes are most ideal), and the absence of shading during most of the day. We will need at least 2,000 square feet of roof space for the large installation. Please attach a picture of your roof (if possible). If known, please include a photo of the PG&E meter that is closest to the desired installation point.

7. Action Plan Describe in 1000 words or less your Action Plan for successful integration of

the PV system into the physical and educational components of your school/district. (Refer to “Action Plan” in the Guidelines for more complete details.)

8. Letter of Commitment Attach a letter of commitment signed by the appropriate school officials (either

the Superintendent or another agent with signatory responsibility for the district). This letter is intended as a demonstration of the school’s commitment to the project.

9. Schools selected to participate in PG&E’s Solar Schools Program must agree to

fulfill the following obligations: 1. Accept full ownership of the pre-selected (although site-specific engineered) hardware

components that comprise the PV system. 2. Maintain full legal and financial responsibility for the system once installed. 3. Implement the solar energy curriculum provided by NEED in its classrooms.

4. Commit to an education/outreach effort that will promote solar energy within the school and community.

5. Designate an individual/team that will ‘champion’ the project. 6. Gain approval for project participation by the school’s decision–maker(s). 7. Host a Solar Celebration that launches the installation and outreach effort for the

general community, describes how the system works and how it will be used in the education process.

Final Application Checklist Enclosed Attachments:

Completed application form

Action Plan

Picture and/or good description of area suggested for installation of the PV array

Letter of commitment

Read and approved your school’s obligations should you be selected to participate in this project.

Principal of School __________________________________________ Signed ______________________________________________ Principal ___________________________________ Date Designated Champion for Project (if different) Signed Designated Champion Title Date

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Aquatics Task Force Update BACKGROUND INFORMATION On July 18, 2008, the Board approved a resolution to collaborate with the City to develop a comprehensive plan for the future development of public pools. On July 22nd, the City passed a similar resolution. The resolutions called for the Superintendent and City Manager to convene key stakeholders to develop a comprehensive pool plan. The Board received an update on the task force on October 29, 2008. The City Council is receiving an update on January 13th. Attached to this cover memo is the report. POLICY/CODE Board Resolution 09-01. FISCAL IMPACT No impact to this update. STAFF RECOMMENDATION Accept this update.

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TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Approval of Proposed Process to Determine Potential New

Facilities Initiatives BACKGROUND INFORMATION In November 2000, the citizens of Berkeley approved a bond measure. That measure was sized to cover BUSD capital facilities needs through the year 2010. There has been Board discussion about the next steps to consider projects which cannot be funded in our current identified financing. Staff has been operating under the assumption that the Board will want to consider whether a new bond may be needed in November 2010. No decision would happen until the middle of 2010, but in order to maintain the possibility of meeting that timeline, the following schedule is proposed:

1. Discussion of potential new initiatives and refined scope of those initiatives

January 2009 – March 2009; 2. Board decision to provide seed funds of potential new initiatives

April 2009; 3. Staff and consultant work on initiatives

May 2009 – January 2010; 4. Committee discussion of initiatives, advisability of a measure,

measure type, measure size, possible schedule and priorities December 2009 – March 2010;

5. Board decision to survey February 2010 – March 2010;

6. Survey and survey results April 2010;

7. Board decision on items to be contained in a bond April 2010 – May 2010;

8. Board decision on type of measure, size and language May 2010 – June 2010; and,

9. Potential bond election November 2010

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We are at the first step shown above. We are proposing that the District utilize its construction and maintenance committees as forums to discuss future initiatives. This discussion would be used only to establish recommendations for projects in which to devote seed money – no decision would be made on whether to fund any initiatives until much later. Citizens interested in particular initiatives could attend one of the committee meetings to express their opinions. The Board has already approved seed money to be spent on several initiatives:

1. Additional building at Berkeley High School. The Board authorized a project to design, permit and bid a project to build a new classroom and gym complex at BHS. Financing to build the project has not been identified. The Board authorization will allow staff to have a very good estimate of the project for the Board’s future consideration;

2. Safely housing a maintenance department. The Board authorized funds to do a schematic design for this project. That schematic design will include a construction estimate. Staff can add project costs to the schematic design so the Board may consider this project in the future;

3. Retrofit the G/C bridge at BHS. The Board authorized funds to do a schematic design for this project. That schematic design will include a construction estimate. Staff can add project costs to the schematic design so the Board may consider this project in the future;

4. Developing a larger field at East Campus. The schematic design and estimate are complete;

5. Developing an inventory of system replacement or deferred maintenance plans. The approach has been mostly a staff function with help from both the Maintenance and Construction Committees. The building-by-building analysis is underway and an estimator will need to be hired to complete the analysis. The cost to hire this estimator will not be large and is contained in the Bond Implementation budget.

Other ideas or further refinement of the ideas listed above have included:

1. Analysis of District sites to determine which sites are good candidates for solar generation and the cost to add solar to District sites;

2. Analysis of District dining areas to see what improvements could be made to improve these facilities;

3. Potential student population growth and the need to either add space to current sites or to add an additional school site;

4. Improving the Community Theater;

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5. Improving Longfellow in addition to the work which will begin this summer;

6. Exploring additional building demolition for the West Campus site;

7. Doing environmental analysis of the proposed East Campus field to see if there are further refinements to the project and the budget;

8. Analysis of whether bond interest should be used for furniture replacement; and,

9. Examining our pre-K population plans. New ideas may also come from the process. Some of the listed ideas require a discussion of program before the project can be estimated. By way of example, staff can provide a scope of work for building deficiencies at the Community Theater, but cannot estimate other improvements that may make it function better as a rental performing venue without additional definition. POLICY/CODE Board approval of project budgets. FISCAL IMPACT No impact to the advisory process. STAFF RECOMMENDATION Approve a process to better estimate a list of potential facility initiatives.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Authorization to Accept the Solar Project at Washington

School BACKGROUND INFORMATION On March 12, 2008, the Board awarded a contract to Eshone Electric to supply and install solar panels at Washington School. The project is now complete. Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention. POLICY/CODE California Public Contract Code 20110- 20118. FISCAL IMPACT The project is funded through the Bond, State School Building Funds and from a PG&E rebate. The project had change orders of slightly more than $55,000, approximately 6.2%. We originally budgeted for change orders of 10%. STAFF RECOMMENDATION Accept the project as complete.

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RESOLUTION NO. 09-29

Authorization To Accept Completion Of The Washington Elementary Solar Project 821.0801

WHEREAS, Eshone, Inc. dba Eshone Electric Co., a contractor licensed and existing under and by virtue of the laws of the State of California, and having offices at 2398 Walsh Avenue, Santa Clara, CA, entered into a contract dated April 22, 2008, with Berkeley Unified School District of Alameda County, State of California to secure all labor, materials, mechanical workership, transportation, equipment and services necessary for the Washington Elementary School Solar Project; and WHEREAS, Project Construction Manager employed by this Board to prepare plans and specifications and to supervise the work has certified in writing to the Board that said contractor has completed the work of said contract in workerlike and satisfactory manner as of January 14, 2009 and that warranty period begin on this date for this work. NOW, THEREFORE, BE IT RESOLVED that the project Washington Solar Project No. 821.0801 is hereby approved and accepted as complete. . PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 14th Day of January, 2009. AYES: NOES: ABSENT: ABSTAIN: _________________________________ John T. Selawsky

Clerk of the Board of Education Berkeley Unified School District

Public Contract Code: 20111 Board Policy: 3310

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Authorization to Accept the Project to Add Four Classrooms

to Berkeley High School BACKGROUND INFORMATION On June 25, 2008, the Board awarded a contract to Bay Construction to add four classrooms to Berkeley High School. The project is now complete. Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention. POLICY/CODE California Public Contract Code 20110- 20118. FISCAL IMPACT The project is funded through the Bond. The project had change orders of slightly more than $9,000, less than 2%. We originally budgeted for change orders of 10%. STAFF RECOMMENDATION Accept the project as complete.

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Authorization To Accept Completion Of The BHS Classroom Alterations Project 810.0802

WHEREAS, Bay Construction Company, a contractor licensed and existing under and by virtue of the laws of the State of California, and having offices at 4026 Martin Luther King Jr Way, Oakland CA, entered into a contract dated July 9, 2008, with Berkeley Unified School District of Alameda County, State of California to secure all labor, materials, mechanical workership, transportation, equipment and services necessary for the Classroom Alterations Project at Berkeley High School; and WHEREAS, Project Construction Manager employed by this Board to prepare plans and specifications and to supervise the work has certified in writing to the Board that said contractor has completed the work of said contract in workerlike and satisfactory manner as of January 14, 2009 and that warranty period begin on this date for this work. NOW, THEREFORE, BE IT RESOLVED that the project BHS Classroom Alterations Project 810.0802 is hereby approved and accepted as complete. . PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 14th Day of January, 2009. AYES: NOES: ABSENT: ABSTAIN: _________________________________ John T. Selawsky



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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Authorization to Accept the King Track Project BACKGROUND INFORMATION On June 27, 2007, the Board awarded a contract to Cleary Brothers to replace the track at King Middle School. There were a number of problems with the project, including problems with the initial scope, the design and the construction. Staff has gone through each of the issues, and is prepared to recommend acceptance of this project. Staff is also recommending a follow-up project to address some of the on-going concerns. During the initial design phase, the decision was made based on available funds and long held community preference to install a natural rather than synthetic running surface. Natural surfaces require a regular maintenance program. The drainage for both the field and the track is at the outside edge of the field. There is a concrete stem wall between the field and the track, with several openings which permit the track to drain into the field. This design was not unusual when constructed, but is easily compromised if the track surface is too low or if the field surface becomes too high. When the architect was hired, the old track surface was several inches below the concrete stem wall, so it did not drain as planned. The architect and their consultants thought that the track would drain adequately once the surface of the track was raised. This did not prove to be the case. In retrospect, the drainage should have been improved as a part of the project. The installed track is a stabilized track mix. It is not commonly used for tracks, but is commonly used for other sports areas, such as baseball infields. Ball fields are more highly protected and use is more highly controlled than a public track. The choice by the design team to use this surface was not well considered. The new track surface requires a set period to become hard. The contractor has the responsibility to protect the area while the track surface cures. The King track is heavily used by the community. The contractor had extreme difficulty keeping community members off the track during the cure period because the community did not understand that by using the track while it was still curing that they were degrading

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it. The District required that the contractor go back several times and re-work the track at its own expense. The final installation is not ideal, but much of the remaining problems come from the poor track drainage. The contractor has performed his assigned scope of work. Staff is recommending that the project be accepted. Staff is further recommending that a follow-on project be approved (contained in another item on this Agenda). The scope of work for this project is to improve the drainage at the edge of the field (to ensure that the field does not drain onto the track) and to cut a deeper trough from the existing track to the drains (to accelerate the drainage from the track). If approved, the District would hire a civil engineer to design the project. Staff also wants the authority to discuss the architect’s responsibility for recommending a surface not commonly used as a track. It is not clear whether the design defects will rise to a level that the architect will owe the District funds, but staff wants the authority to explore this possibility. The maintenance department will also need to add the maintenance of this track to its schedule. Maintenance would include the addition of materials and re-rolling the track. The track will need to be closed while work occurs. Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention. POLICY/CODE California Public Contract Code 20110- 20118. FISCAL IMPACT The project is funded through both BSEP Fund 7 and the Bond. The project had change orders of slightly more than $10,000, or slightly more than 5%. We originally budgeted for change orders of 5%. STAFF RECOMMENDATION Accept the project as complete.

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Authorization To Accept Completion Of The MLK Track Resurfacing Project 832.0702

WHEREAS, Cleary Borthers Landscaping, a contractor licensed and existing under and by virtue of the laws of the State of California, and having offices at 521 Diablo Rd, Danville, CA, entered into a contract dated June 28, 2008, with Berkeley Unified School District of Alameda County, State of California to secure all labor, materials, mechanical workership, transportation, equipment and services necessary for the Track Resurfacing Project at MLK School; and WHEREAS, Project Construction Manager employed by this Board to prepare plans and specifications and to supervise the work has certified in writing to the Board that said contractor has completed the work of said contract in workerlike and satisfactory manner as of January 14, 2009 and that warranty period begin on this date for this work. NOW, THEREFORE, BE IT RESOLVED that the project MLK Track Resurfacing Project No. 832.0802 is hereby approved and accepted as complete. PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 14th Day of January, 2009. AYES: NOES: ABSENT: ABSTAIN: _________________________________ John T. Selawsky



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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Authorization to Accept the Project to Improve the Acoustics

in Two Cafetoriums BACKGROUND INFORMATION On May 28, 2008, the Board awarded a contract to Kudsk Construction to improve the acoustics in two cafetoriums (Cragmont and Washington). The project is now complete. Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention. POLICY/CODE California Public Contract Code 20110- 20118. FISCAL IMPACT The project is funded through BSEP Fund 7. The project had no change orders. We originally budgeted for change orders of just under 10%. STAFF RECOMMENDATION Accept the project as complete.

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Authorization To Accept Completion Of The Acoustic Improvements at 4 Sites Project 500.0802

WHEREAS, Kudsk Construction, Inc., a contractor licensed and existing under and by virtue of the laws of the State of California, and having offices at 928 Carleton St, Berkeley, CA, entered into a contract dated June 28, 2009, with Berkeley Unified School District of Alameda County, State of California to secure all labor, materials, mechanical workership, transportation, equipment and services necessary for the Acoustic Improvements project at 4 Sites; and WHEREAS, Project Construction Manager employed by this Board to prepare plans and specifications and to supervise the work has certified in writing to the Board that said contractor has completed the work of said contract in workerlike and satisfactory manner as of January 14, 2009 and that warranty period begin on this date for this work. NOW, THEREFORE, BE IT RESOLVED that the project Acoustic Improvements at 4 Sites Project No. 500.0802 is hereby approved and accepted as complete. PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 14th Day of January, 2009. AYES: NOES: ABSENT: ABSTAIN: _________________________________ John T. Selawsky



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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Approve the Advertisement to Solicit Bids for the Longfellow

Annex Modernization BACKGROUND INFORMATION The Board approved a project to modernize the Longfellow Annex. The project has been submitted to DSA and they have returned their comments. We hope to have the project stamped out by DSA before the end of January and will then immediately begin the bidding process. Staff is required to notify the Board when bids are being solicited. Approving the attached resolution will permit the District to solicit bids for the project. POLICY/CODE California Public Contract Code 20110- 20118. FISCAL IMPACT The project is funded in the Bond. STAFF RECOMMENDATION Approve the advertisement to solicit bids.

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RESOLUTION No. 09-27

Authorization To Advertise For Bids Longfellow MS Annex Building Modernization Project 827-0801

WHEREAS, in the judgment of the Board of Education of the Berkeley Unified School District of Alameda County, it is necessary to secure all labor, engineering, materials, equipment and services required for Longfellow MS Annex Modernization Project 827-0801 all in accordance with the plans and specifications prepared by and on file in the Berkeley Unified School District Facilities Planning Office; plans and specifications are hereby approved and adopted. NOW, THEREFORE, BE IT RESOLVED that the general prevailing rates of wages determined by the Director of the California Department of Industrial Relations, in accordance with Labor Code Section 1770, shall be the general prevailing rates of per diem wages for each craft or type of worker or mechanic needed to execute this contract; and BE IT FURTHER RESOLVED, that the Board authorizes and the Deputy Superintendent and/or Purchasing Agent are hereby authorized to advertise for proposals for the completion of this work in accordance with the law by publishing the Notice to Contractors in a newspaper of general circulation in the District. PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 14th day of January, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ John T. Selawsky



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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Increase the Contract Value of Bureau Veritas to Provide

Hazardous Material Consulting Service for the Transportation Project

BACKGROUND INFORMATION On May 9, 2007, October 10, 2007, and August 20, 2008, the Board hired Bureau Veritas to test and categorize the potential hazardous soils, to develop specifications and to monitor removal of those soils from the transportation yard. The Board approved a total of $120,000 for these services. During the removal of the soils, additional contaminated soils were uncovered. In addition, while removing concrete footings buried on the site, soil identified as being safer may have been contaminated with soil which has additional contaminants. Additional testing and consulting is needed to permit the Class II hazardous waste site to accept soils delivered in error by the contractor. These costs are expected to be recouped from the contractor. Staff is recommending that an additional $23,000 be authorized with this vendor, bringing the total revised contract to $143,000. POLICY/CODE Board Policy 3310 FISCAL IMPACT Cost of $23,000 to be paid from the Bond. STAFF RECOMMENDATION Approve an increase of $23,000 for Bureau Veritas.

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BERKELEY UNIFIED SCHOOL DISTRICT TO: William Huyett, Superintendent FROM: Lew Jones, Director of Facilities DATE: January 14, 2009 SUBJECT: Increase the Contract Value of Inspection Services Incorporated to

Provide Special Testing for the Transportation Project BACKGROUND INFORMATION On June 25, 2008 and August 20, 2008, the Board hired Inspection Services Incorporated (ISI) to provide special testing and inspection and geotechnical advice for the transportation project. The need for testing is set by the contractor’s schedule and the actual costs are not known until the job is close to completion. In addition, if a special test is required and the test fails, the contractor is liable for additional costs. A large portion of the special testing for this project is related to steel fabrication and on-site welding services. We are required to have continuous special inspection of all welding. The initial proposal from ISI, compiled before the contractor was approved, assumed a quicker completion of the welding than is currently being projected. The Board has previously approved $85,000 for this project. We are recommending an increase of $40,000 for a revised contract value of $125,000. Very few, if any, of the additional costs will be recoupable from the contractor. POLICY/CODE Board Policy 3310 FISCAL IMPACT Cost of $40,000 to be paid from the Bond. STAFF RECOMMENDATION Approve an increase of $40,000 for Inspection Services Incorporated.

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