The attached document lists the contracts executed by the Superintendent or designee for the month of December 2018.

The Act’s informal bid requirements provide for the District to create a list of qualified contractors that could potentially bid on various projects. In accordance with CUPCCAA, Staff requested bids from 16 qualified contractors that met the license requirements for the District’s installation of mechanical units for the 600 building at Live Oak High School (Project); however, no bids were received. 

Where no bids are received, CUPCCAA, (Public Contract Code section 22038(c)), permits the District to perform the Project by force account or negotiated contract without further bidding.   District Staff have negotiated the Project with Therma consistent with Public Contract Code section 22038(c).  The contract price proposed by Therma for the Project is within the District’s existing budget for the Project and could not be performed by force account.  Staff, therefore, recommends the approval and ratification of the contract with Therma in the amount of $188,522.

In accordance with public contract code, a bid notice was placed in a local newspaper (San Jose Post Record) for two consecutive weeks. Bids were received and opened on November 20, 2018. District Staff will analyze the bids for compliance and determine the lowest bidder who presents a responsive and responsible bid. 

Staff requests approval to award of contract to 101 Builders, Inc. for the total bid price of $5,985,121. The price includes owner approved change order value allowance.

In the planning process, Staff and the design team identified opportunity to increase the volume multi-use building space and the update the existing original main switch board electrical service in order to prep for any future power requirements. Additionally, value engineering design opportunities were identified which would provide an overall cost savings to the project.

Staff has reviewed these additional services costs for compliance and recommends to increase the contract amount to MDG for the total change order price of $95,244.

This cost is already encumbered within the current budget amounts and would be funded out of Measure G Bond Proceeds.

In the planning process, Staff and the design team identified that temporary restrooms would be required to accommodate the site until such time as the new science classrooms with their attached restroom cores were completed. Additionally, value engineering design opportunities were identified which would provide an overall cost savings to the project.

Staff has reviewed these additional services costs for compliance and recommends to increase the contract amount to QKA for the total change order price of $50,440.

This cost is already encumbered within the current budget amounts and would be funded out of Measure G Bond Proceeds.

State/Federal Holidays

Dr. Martin Luther King, Jr. Day (E.C. 37220)
Observed the 3rd Monday in January.  On the Friday preceding, schools "shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr." (January 21, 2019)

Washington Day (E.C. 37220)
Observed the 3rd Monday in February.  On the Friday preceding, "all public schools . . . shall hold exercises in memory of George Washington."  (February 18, 2019) 

Lincoln Day (E.C. 37220)
Observed on the Monday or Friday of the week in which February 12 occurs.  "On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools . . . shall hold exercises in memory of Abraham Lincoln."  (February 19, 2019)

Other Required Observances

Susan B. Anthony Day (E.C. 37221)
Observed February 15th with instruction on the political and economic status of women in the United States, and by noting the contribution of Susan B. Anthony. 

Conservation, Bird, and Arbor Day (E.C. 37221)
Observed March 7th (the birthday of Luther Burbank) by noting the importance of conserving natural resources, promoting a "spirit of protection" and emphasis on the economic/ecological value of birds and trees.

Welcome Home Vietnam Veterans Day (E.C. 37222)
Observed March 30th.  Educational institutions are encouraged to observe the day and to conduct exercises recognizing the contributions of all those involved in the Vietnam War and remembering the sacrifices they made for their country.

Cesar Chavez Day (E.C. 37220.5)
Observed March 31st.  Commemorates and directs attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez. 

California Poppy Day (E.C. 37222)
Observed April 6th.  Observances are to honor the California Poppy, including instruction about native plants and the economic and aesthetic value of wildflowers; promote responsible behavior toward natural resources; and emphasize the value of natural resources and their conservation.

John Muir Day (E.C. 37222)
Observed April 21st.  Observances are to stress the importance of an ecologically sound natural environment, emphasizing John Muir's contributions to the fostering of that awareness.

Day of the Teacher (E.C. 37222)
Observed the second Wednesday in May.  Observance requires exercises to commemorate and direct attention to teachers and the teaching profession.  (May 8, 2019)

Harvey Milk Day (E.C. 37222)
Observed May 22nd.  Educational institutions are encouraged to observe the day with exercises remembering the life of Harvey Milk, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state.

Anniversary of the Adoption of the Constitution, Constitution Day and Citizenship Day (E.C. 37221)
The celebration is to "include exercises and instruction in the purpose, meaning, and importance of the Constitution of the United States, including the Bill of Rights."

The United States Congress and the President have enacted a provision of law requiring every educational institution receiving federal funds to “hold an educational program” on September 17 of each year in observance of “Constitution Day and Citizenship Day.” 

"Educational institution” is a broad term that includes preschools; elementary, middle, and high schools; and institutions of higher education. The requirement applies to all public educational institutions in California. 
  
The requirement also applies to any private educational institution that receives federal funds. Private educational institutions that do not receive federal funds are nonetheless encouraged to conduct an observance. When September 17 falls on a Saturday, Sunday, or holiday – the observance may be held at any time during the preceding or following week. Each educational institution may individually select the specific date. The specific nature of the “educational program” is left to the discretion of each educational institution.  The observance is to commemorate the signing of the U.S. Constitution on September 17, 1787.
 
Native American Day (E.C. 37220.7) 
Designated by the California Legislature as the fourth Friday in September.  The legislature declared that, “An emphasis on freedom, justice, patriotism, and representative government have always been elements of Native America culture…” that “Native Americans love the land that has nurtured their parents, grandparents, and unnamed elders since time began, and they honor the Earth that has brought life to the people since time immemorial,” and that “Native Americans have given much to this country, and in recognition of this fact, it is fitting that this state returns the honor by recognizing Native Americans for all of their offerings to this beloved land”  (September 27, 2019)

State Board of Education Annual Resolutions:
In addition to the observances required by law, the California State Board of Education passes annual resolutions dedicating certain months and weeks to recognize the contributions of various groups to American culture and society.  These resolutions are intended to reinforce the commitment of the State Board and of the California Department of Education to a history-social science curriculum, which impresses on all students the value of all segments of our society.

National African American History Month (February)
National Women's History Month (March, also by joint resolution of Congress)
National Asian American and Pacific Islander Heritage Month (May)
National Hispanic Heritage Month (September 15 - October 15)
National Native American Heritage Month (November)

Additional Observances
The State Board of Education, the President of the United States, and various organizations also issue proclamations and resolutions to dedicate certain months and weeks in recognition of particular areas of the curriculum or the contributions of groups to the field of education.

In the event there is a need for any certificated layoff, the District will undertake the following activities.

1.  Determine if the District has the legal ability to institute a layoff  

Education Code section 44955 provides the legal authority for the District to institute a layoff for the reduction or discontinuance of particular kinds of services (PKS).  

Timeline: by January 31, 2019

2.  Issue a Seniority List of certificated employees

A seniority list and individual notifications are sent to all school sites and certificated employees to confirm the information.  

Timeline: by January 31, 2019

3.  Board Adopts the Certificated Seniority List

The Board of Education annually adopts the seniority list and the final list is posted at all school sites.

Timeline: February 5, 2019 board meeting

4.  Board adopts a resolution regarding criteria for determining order of seniority for those employees with the same date of first paid probationary service: 

Timeline: February 5, 2019 board meeting

5.  Board adopts a resolution to decrease the number of certificated employees due to a reduction in Particular Kinds of Services (PKS), if needed.

Timeline: March 5, 2019 board meeting

6.  Negotiations with exclusive representative

The District has the duty to notify MHFT of the decision to reduce any Particular Kinds of Service. The District is obligated to negotiate the effects of a layoff after the Board of Education adopts its formal resolution to layoff staff.

Timeline: by March 5, 2019

Timeline: by March 15, 2019

The District will schedule a hearing with Office of Administrative Hearings and will participate in such a hearing once scheduled through that office should such a hearing be necessary if any affected certificated employee(s) request said hearing.

Timeline: by April 30, 2019

The Administrative Law Judge who conducts the layoff hearing must issue his/her decision to the Board of Education by April 25, 2019. The Board of Education then must act to accept, reject or modify the decision, and authorize final notices of layoff before May 1, 2019, to allow for sufficient time for service of the final notices.

Timeline: by May 1, 2019

Annually, in anticipation of any release or reassignment of certificated employees holding such a position, the District will undertake the following activities according to the timelines listed below:

1. Notify certificated employees per Education Code 44951

By March 15, an employee shall be notified in person that he/she may be released or reassigned from his/her position for the following school year. If the notice is presented to the employee in person, the district shall obtain his/her signature acknowledging receipt of the notice on the district's copy of the written notice. (Education Code 44951)  If the March 15 notice indicates that release or reassignment is only a possibility, the Governing Board shall take additional action to release/reassign the employee before the new school year and shall send the employee a second notice by June 30 indicating that he/she has been released or reassigned. When the March 15 notice indicates that release or reassignment is certain, no further notifications are needed.

Timeline:  by March 8, 2019

2.  Notify the certificated employees of the District’s final decision per Education Code 44951.  

For the certificated employees whose March 15th notice indicates that release or reassignment is only a possibility, the Governing Board shall take additional action to release/reassign the employee before the new school year and shall send the employee a second notice by June 30 indicating that he/she has been released or reassigned.

Timeline: by June 18, 2019

The District has engaged the firm of Vavrinek, Trine, Day and Co., LLP, to audit the District’s financial records.  Ahmad Gharaibeh will present the audit report to the Board.

Staff has repaired and replaced sections of the lines, however the leaks continue throughout the building.  Unfortunately, because of the hard lid drywall ceiling, the leaks go unnoticed until water begins to seep through and accumulate on the floor. 

Since the leaks are only present within the locker room building, Staff tested the pH and alkalinity levels in the water compared to the other buildings on campus. Preliminary tests results showed that both pH and alkalinity levels coming into the building and after the circulation are within the acceptable parameters (tests of Live Oak are within the same parameters). Staff will continue to investigate the cause of the leaks to eliminate future issues. 

District Staff have met with Sobrato Staff on site to go over various options to either repair or replace the plumbing within the building.  Staff is requesting direction from the Board to help resolve this ongoing issue. The following are options for the Board to consider:

Option 1: Replace all hot and cold water lines, circulation pump and water heater.  This will also require demolishing and reinstalling the drywall ceiling. The estimate includes replacing all water lines above the ceiling but does not include the vertical lines to the restrooms or showers. $720,000

Option 2: Replace all water lines listed in Option 1 and replacing all vertical lines to the restrooms and showers which would include drywall and tile replacement.  $314,000 (Option 1 & 2 $ 1,034,000).

Option 3:  Continue to repair as the leaks occur.  Previous leaks and drywall repairs have resulted in a cost of between $2,000 - $10,000 per occurrence for contracted services.  The cost has been dependent on the extent of the leak and repairs.  In house repairs would reduce the repair costs, however, it would depend on the location, extent of the leak, and the workload of Staff to be able to complete the work in a timely manner.   

With options 1 and 2 there will also be additional costs for design fees, inspections and testing - typically 15-20% of the construction costs. 

Should the Board give direction to proceed with option 1 or 2, Staff will begin design immediately and plan to solicit bids early spring and start the work once school is out.  With the extent of the work for either option, the locker rooms would not potentially be available for the start of school.  These estimates do not include any temporary locker room facilities.

Staff will present the budget status for the approved projects and recommendation for funds allocation as a result of project savings.