• DN-1001-19/20 (Special Education)

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SMMCTA

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SEIU

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SMMASA
  

it is recommended that the Board of Education approve the July 18, 2019, agenda.

It is recommended that the Board of Education approve the June 27, 2019, regular meeting minutes. 

As part of the requirements associated with the annual funds given to the School District from the City of Santa Monica, the Financial Oversight Committee (FOC) was appointed as an independent oversight committee regarding the financial matters of the District. This includes an annual report from the FOC to the School Board, reviewing the past year and offering its observations about the District’s financial matters.

In addition, the FOC’s charge was amended at the June 5, 2008, Board meeting (Item A.22) to include responsibilities associated with the Measure R parcel tax, approved by the voters at the February 2008 Special Election. Measure R requires that an Independent Citizens Oversight Committee monitor proposed and actual parcel tax expenditures each year.

Therefore, in compliance with the foregoing, the Board of Education will convene a joint session with members of the Financial Oversight Committee on July 18, 2019.

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors. 

• Contractor: Contractor: MakeMusic, Inc.
• Dates: 08/19/19
• Amount not to exceed: $1,460.00
• Description: Provide PD and Smart Music Teacher Subscriptions for music teachers at convocation.
• Site: Ed Services  
• Funding: 01-40350-0-11100-10000-5802-035-1300

• Contractor: K12 Insight   
• Dates: 07/01/19-06/30/22
• Amount not to exceed: $118,500.00
• Description: To provide survey study, reports, and communication campaign. For subscription to engage platform, and for focus group session. (Year 1: 07/01/19-06/30/20-$39,500.00; Year 2: 07/01/20-06/30/21-$39,500.00; Year 3: 07/01/21-06/30/22-$39,500.00)
• Site: Educational Services
• Funding: 01-00030-0-11100-10000-5802-030-1300 

• Contractor: Lucinda Mejdell-Awbrey, OLWEUS Trainer
• Dates:  08/23/19-06/12/20
• Amount not to exceed: $5,000.00
• Description: OLWEUS Full Day Training for School Teams – School Based training with International OLWEUS updates
• Site:  Student Services
• Funding:  01-00030-0-11100-10000-5802-030-1300

• Contractor: Art Meets Technology  
• Dates: 07/01/19-06/30/20
• Amount not to exceed: $55,000.00
• Description: Maintenance and updating of SMMUSD.org website.
• Site: Public Relations
• Funding: 01-00000-0-00000-71800-5802-020-1200

• Contractor: Robert Howard   
• Dates: 07/01/2019-60/30/2020
• Amount not to exceed: $160,000
• Description: Implementation and training of restorative justice districtwide
• Site: Superintendent's Office
• Funding: 01-00000-0-00000-71500-5802-020-1200

These contracts are included in the 2019-20 budget.

It is recommended that the Board of Education approve/ratify the attached Requests for Absence on District Business (Conference and Travel) forms.

The average cost for substitute teachers is $183/day. This figure is furnished for informational purposes and does not reflect the actual amount paid for an individual substitute.

It is recommended that the Board of Education approve the special field trip(s) listed below for students for the 2019-2020 school year. 

• School: Lincoln Middle School
• Grade: 6^th-8^th
• # of Students:  46
• Destination: ASTA National Orchestra Festival at the Hyatt Regency Orlando, FL
• Dates: 03/04/20-03/10/20
• Principal/Teacher: F.Culpepper Richardson/J.Wang
• Cost & Funding Source: $1,400.00 per student paid by parent donations and fundraising
• Subject: Visual  and Performing Arts
• Purpose: Lincoln MS Chamber Ensemble invited to perform at the National Orchestra Festival hosted by ASTA.

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 10
• Destination: Knott’s Berry Farm Resort, Buena Park, CA
• Dates: 08/05/19–08/08/19
• Principal/Teacher: A.Shelton/N.Green
• Cost & Funding Source: $250.00 per student paid by parent donations & fundraising
• Subject: Athletics
• Purpose: Dance camp

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 30
• Destination: Camp Whittle, Fawnskin, CA
• Dates: 08/29/19–08/31/19
• Principal/Teacher: A.Shelton/J.Huls
• Cost & Funding Source: $0 per student
• Subject: Music
• Purpose: Chamber Singers retreat

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 30
• Destination: Camp Whittle, Fawnskin, CA
• Dates: 08/31/19–09/02/19
• Principal/Teacher: A.Shelton/J.Huls
• Cost & Funding Source: $0 per student
• Subject: Music
• Purpose: Madrigal Ensemble retreat

No child will be denied due to financial hardship.

It is recommended that the Board of Education approve a fee increase for non-subsidized parents in the Child Development Services Infant Toddler Center (ITC) at SAMOHI effective January 1, 2020, as well as add an annual materials fee. 

This program has been operating at a deficit; therefore, the fee increase is needed to offset the staff and material costs.  This will be a 5% increase. Tuition will still remain below the market rate.  The increase will take place mid-year to provide adequate notification time to families.  The new annual materials fee will partially assist in covering the cost of diaper changing rolls, wipes, snacks, gloves, and toileting supplies.  For the 2019-20 school year, the annual materials fee will be prorated to $100.00. The full annual materials fee will be $200.00 beginning in the 2020-21 school year. 

Infant Fee

• Current: $1,505
• New: $1,580

Toddler Fee

• Current: $1,070
• New: $1,125

Materials Fee

• Current: $0
• New: $200 ($100 for the 19-20 school year)

It is recommended that the supplemental textbooks listed below be adopted for the Santa Monica-Malibu Unified School District. 

In accordance with the Board of Education policy, the supplemental textbooks listed below was on public display for the last two weeks in the Educational Services Department at 1630 17th Street, Santa Monica, CA 90404.

• The Cold War: A New History, by John Lewis Gaddis, for Malibu High School world History course.  Adoption requested by Sean Ryan, History Teacher. 

It is recommended that the Board of Education approve the submission of the Consolidated Application to the State of California.

The Consolidated Application must be submitted to the California Department of Education in order for the district to receive state and federal categorical program funding. The application is submitted in several parts each school year. The spring submission was submitted before June 30, 2019, with the pending Board approval date July 18, 2019 (per CDE guidance). This submission indicates that Santa Monica-Malibu Unified School District requests participation in federal programs including: Title I, Part A (Basic Grant), Title II, Part A (Supporting Effective Instruction), Title III English Learner, and Title IV, Part A (Student Support). Other state programs, previously part of the Consolidated Application, are now subsumed within the Local Control Funding Formula and no longer flow through the Consolidated Application.

Federal Program Descriptions:

Title I, Part A (Basic Grant):

This is a federal program to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and to close educational achievement gaps.

Title II, Part A (Supporting Effective Instruction):

A Federal program that increases student academic achievement through strategies such improving the quality and effectiveness of teachers and principals and other school leaders; increasing the number of teachers, principals and other school leaders who are effective in improving student academic achievement in the classroom; and providing low-income and minority students greater access to effective teachers, principals and school leaders.

Title III English Learner:

A Federal program to provide supplementary programs and services to English learners (ELs). The purpose of the subgrant is to assist EL students to acquire English and achieve grade-level and graduation standards.

Title IV, Part A (Student Support):

A Federal program under ESSA to provide all students access to a well-rounded education; improve school conditions for learning; and improve the use of technology in order to improve the academic achievement and digital literacy of all students. LEAs receiving $30,000 or more must use not less than 20 percent of the funds for activities supporting well-rounded, at least 20 percent for activities supporting safe and healthy students and a portion of the funds to support effective use of technology, with a maximum of 15 percent for technology infrastructure.

Federal guidelines also allow local non-profit private schools to participate with the public school district in federal programs.  Those participating private schools are identified in the application.

An additional submission of the Consolidated Application, which includes budget information, will be submitted to CDE in the winter after district funding entitlements are confirmed.  This second submission will indicate the number of pupil participants and funding allocations for each school site participating in Title I Part A.

Each school site is required to have a comprehensive school plan known as the School Plan for Student Achievement describing the strategies and activities to improve student achievement and meet district adopted standards through the supplementary services provided by these categorical programs.

Schools utilize highly qualified teachers, instructional aides, scientifically research-based intervention programs, tutoring assistance, materials and equipment, professional development, district provided training, conferences and workshop attendance, expert consultants, and parent/community involvement activities to meet the needs of their students.

Each school site council is required to provide input and recommend to the Board the approval of planned program activities and budgets as part of the School Plan for Student Achievement.  The Director of Assessment, Research and Evaluation reviews program guidelines with all school administrators to ensure appropriate implementation and compliance for each categorical program.

It is recommended that the Board of Education approve the submission of the Consolidated Application to the State of California.

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2018-2019.

According to the Education Code SEC.21 Section 56342, prior to recommending a new or continued placement in a non -public, non-sectarian school, the individualized Education Program (IEP) Team must submit the proposed recommendation to the local governing board for its review and recommendation regarding the cost of such placement. 

The recommendations for these severely handicapped students are made by the District IEP Team in accordance with State and Federal Laws.  The mandates of IDEA require non-public school services be provided at no expense to parents if there is not an appropriate public school program available.  Funding to come from a SELPA -wide non-public school/non public agency reserve account. 

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2019-2020. 

According to the Education Code SEC.21 Section 56342, prior to recommending a new or continued placement in a non -public, non-sectarian school, the individualized Education Program (IEP) Team must submit the proposed recommendation to the local governing board for its review and recommendation regarding the cost of such placement. 

The recommendations for these severely handicapped students are made by the District IEP Team in accordance with State and Federal Laws.  The mandates of IDEA require non-public school services be provided at no expense to parents if there is not an appropriate public school program available.  Funding to come from a SELPA -wide non-public school/non public agency reserve account. 

It is recommended that the Board of Education approve the following Purchase orders and Changed Purchase orders from June 20, 2019, through July 1, 2019, for fiscal /19.

It is recommended that the Board of Education accept, with gratitude, checks totaling $20,856.82 presented to the Santa Monica-Malibu Unified School District.

It is further recommended that the Fiscal/Business Services Office, in accordance with Educational Code §42602, be authorized to increase the 2019-2020 income and appropriations by $20,856.82 as described on the attached listing.

This report details only cash gifts.  It includes all contributions made by individuals or companies and some of the contributions made by our PTA’s.  Contributions made by a PTA in the form of a commitment and then billed are reported in a different resource.  A final report that compiles all gift and PTA contributions is prepared and available annually.

COMMENT: The value of all non-cash gifts has been determined by the donors.

 NOTE: The list of gifts is available on the District’s website, www.smmusd.org.

It is recommended that the Board of Education authorize the District to use the California Multiple Award Schedule (CMAS) contract awarded to MP Interactive Corporation (e-Builder, Inc.) to purchase fully integrated cloud-based construction program management software system for capital projects specified under CMAS Contract No: 3-19-70-3702A GSA Schedule No: GS-35F-408AA valid from June 14, 2019, through May 30, 2023.

The CMAS contract allows for the purchase of a fully integrated cloud-based construction program management software system for owners managing capital projects. This software will allow District projects to be managed more efficiently. Using the direct pricing structure in the contract the District can take advantage of the Federal contract rates.

All orders using the contract must comply with the CMAS clauses, Davis-Bacon and Federal Acquisition Regulations (FAR). The Los Angeles County Department of Education allows District’s to utilize CMAS contracts with no restrictions other than standard Public Works contracting requirements.

It is recommended that the Board of Education award an agreement to MP Interactive Corporation (e-Builder, Inc.) for the purchase of e-Builder Enterprise. This award would be under the previously authorized CMAS agreement (Contract No: 3-19-70-3702A GSA Schedule No: GS-35F-408AA valid from June 14, 2019, through May 30, 2023) in an amount not to exceed $237,697.47.

e-Builder Enterprise is a fully integrated cloud-based construction program management software system used for managing capital projects. MP Interactive Corporation (e-Builder, Inc.) is the leading provider of fully integrated, cloud-based construction program management software for facility owners and organizations. The integration of e-Builder’s flagship product, e-Builder Enterprise, will allow the FIP Office to improve its capital project execution. The software is designed to address the specific needs throughout a project’s lifecycle to manage cost, funding sources, schedule, and scope of each project as it moves from planning to design, construction and occupancy. e-Builder Enterprise provides a reliable, cost effective and flexible platform resulting in increased productivity and quality.

The District will contract for the procurement and implementation of e-Builder Enterprise in accordance with e-Builder Inc.’s proposal dated June 20, 2019 in the amount of $237,697.47. This pricing is per CMAS contract No: 3-19-70-3702A, which is based on GSA Advantage pricing per Contract No: GS-35F-408AA, with an expiration of May 30, 2023, the use of which was authorized by the Board during the 7/18/19 meeting.

Funding Information

• Budgeted: Yes
• Fund: 86
• Source: Measure ES
• Account Number: 86-90100-0-00000-85000-XXXX-XXX-2600
• Budget Category: Soft Costs \ Program Management

Cost Breakdown:

• Annual Software Subscription: $90,754.81
• One-Time Implementation Services: $146,942.66 
• Total: $237,697.47

Once SMS & M are issued, expenses for this contract will be distributed as follows:

• Measure ES: 50%
• Measure SMS: 35%
• Measure M: 15%

It is recommended that the Board of Education approve Change Order #02 with Waisman Construction, Inc. for the Malibu Alignment – Malibu Elementary School Project - Interim Housing in an amount of $4,527.51 for a total contract amount of $2,520,161.57 and 0 days of schedule impact.

On April 03, 2019, the Santa Monica Malibu Unified School District’s Board of Education awarded to Waisman Construction, Inc. the construction contract for the Malibu Elementary School - Malibu Alignment Project – Temporary Housing Project in the amount of $2,425,000.00. Notice to proceed was given on April 22, 2019.

The changes for this Change Order #02 include: Credit for Site Demolition/Grading work per CCD 001A.; Credit for Structural Cabling, FA/Intercom, & Intrusion Detection work per CCD 01A; Additional Asphalt work per CCD 001A; Asphalt Credit for KY and May 2019 Overtime and Saturday Work.

This Change Order No. #02 is necessary to reimburse Waisman Construction for the added cost of Constructing Malibu Elementary School - Malibu Alignment Project – Temporary Housing Project.

Change Order No. #02 does not have increase to the contract time and funding is from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90909-0-00000-85000-6200-019-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-119266

MEASURE ES FUNDING:

• Original Contract: $2,425,000.00
• Change Order #01: $90,634.06
• Change Order #02: $4,527.51                          
• TOTAL CONTRACT AMOUNT: $2,520,161.57

It is recommended that the Board of Education approve Change Order #05 with The Nazerian Group for the Malibu Elementary School – Window, Paint, Floors & Doors, HVAC & Fire Alarm Project in an amount of $43,696.20 for a total contract amount of $ 3,809,067.39 and 261 days of no cost schedule impact.

On March 01, 2018, the Board of Education awarded to The Nazerian Group the construction contract for the Malibu Elementary School (Formally Point Dume Elementary School) – PFD+HVAC+FA Project in the amount of $ 3,333,123.00. Notice to proceed was given on March 21, 2018.

The changes for this Change Order 05 include: Negotiated settlement for the additional excavation work for underground conduits from the new transformer to the new switch gear in the rear parking lot and install aluminum jackets on the exterior Armaflex insulation on the HVAC line sets.

This Change Order No. #05 is necessary to reimburse The Nazerian Group for the added cost of Constructing Malibu Elementary School – PFD+HVAC+FA project.

Change Order No. #05 includes a 261 day no cost time increase to the contract time for the additional work to upgrade the site power from 1200A to 2000A and funding is from Measure ES.

Funding Information:

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90905-0-00000-85000-6200-019-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-118307

MEASURE ES FUNDING

• Original Contract: $3,333,123.00
• Change Order #01: $207,891.06
• Change Order #02: $75,804.99
• Change Order #03: $62,922.98
• Change Order #04: $85,629.16
• Change Order #05: $43,696.20                       
• TOTAL CONTRACT AMOUNT: $3,809,067.39

It is recommended that the Board of Education approve Contract Amendment #25 with Psomas to perform underground utility inspection and a drainage study at John Adams Middle School in an amount not to exceed $8,300.00 for a total contract amount of $324,724.00. 

The scope of this contract amendment includes video inspection of six drain lines to determine if there are any obstructions or structural damage that is not allowing water to drain as well as an engineering review of the system with the aim of making corrective recommendations. It is likely that this study will be followed up with an additional contract amendment to implement corrective measures selected by the District.

Psomas has provided two proposals to do the work associated with this amendment. The first proposal is for the cost of inspecting one drain line.  The second proposal is for the cost of inspecting the additional five lines. The inspection of line 1 and lines 2-6 will occur on separate dates.

Funding Information

• Budgeted: Yes
• Fund: 21.7
• Source: ES
• Account Number: 21.7-90907-0-00000-85000-5830-011-2600
• Budget Category: Soft Costs/Surveys & Engineering

MEASURE ES FUNDING:

• Original Contract Amount – Samohi – Sealy Field: $5,500.00
• Contract Amendment #01 – JAMS – Complex, Addt’l Survey: $16,500.00
• Contract Amendment #02 – Samohi – Addt’l Survey: $4,500.00
• Contract Amendment #03 – Samohi – Addt’l Survey for New Blg: $11,500.00
• Contract Amendment #04 – JAMS – Field Replacement: $7,500.00
• Contract Amendment #05 – Samohi – Addt’l Survey for Discovery Blg: $10,000.00
• Contract Amendment #06 – Samohi – Vacation and Recording Easements: $32,000.00
• Contract Amendment #07 – Rogers – Church Property Survey: $13,035.00
• Contract Amendment #08 – Pt Dume – Topographic Survey: $28,000.00
• Contract Amendment #09 – JAMS – Utility Mapping: $9,740.00
• Contract Amendment #10 – Samohi – Bird Nesting Survey: $2,962.00
• Contract Amendment #11 – Samohi – Topo Survey – 7^th St Fence: $2,900.00
• Contract Amendment #12 – Franklin – Topo Survey – Drainage and ADA: $12,500.00
• Contract Amendment #13 – Samohi – Easement & Topo Survey: $17,950.00
• Contract Amendment #14 – Malibu Schools Alignment (Pt. Dume) – Addt’l Survey: $2,200.00
• Contract Amendment #15 – Samohi – Volume calculations – Discovery: $2,800.00
• Contract Amendment #16 – Pt Dume – Utility, Biological and Cultural Surveys: $40,225.00
• Contract Amendment #17 – JAMS – Utility Investigation and Drainage Study: $10,500.00
• Contract Amendment #18 – JAMS – Implement Bio & Cultural Mitigation: $26,000.00
• Contract Amendment #19 – Pt. Dume – CCTV Service & Legal Description: $3,650.00
• Contract Amendment #20 – JAMS – Survey Support: $2,500.00
• Contract Amendment #21 – Pt. Dume – Cultural Resources Monitoring Services: $15,800.00
• Contract Amendment #22 – Samohi Solar PV – Additional Design Survey Services: $19,840.00
• Contract Amendment #23 – MMHS Campus Plan – Jurisdictional Delineation: $11,822.00
• Contract Amendment #24 – Samohi Discovery Bldg – Easement & Legal Description: $6,500.00
• Contract Amendment #25 – JAMS – Utility Investigation and Drainage Study: $8,300.00
• TOTAL CONTRACT AMOUNT: $324,724.00

It is recommended that the Board of Education approve Change Order #02 with NOVUS Construction for the John Adams Middle School – HVAC & Fire Alarm Project in the amount of $107,488.95 for a total contract amount of $4,153,197.09 and 0 days of schedule impact.

On October 4, 2018, the Santa Monica Malibu Unified School District’s Board of Education awarded to NOVUS Construction the construction contract for the John Adams Middle School – HVAC & Fire Alarm Project in the amount of $3,990,000.00. Notice to proceed was given on November 5, 2018.

The changes for this Change Order #02 include: Transformer Utility Yard Changes; Electrical Panels at E1 & G1 to be Recessed & later Deleted; Building U Elec. Panel Relocation to a more cost effective location; Building H Ceiling Tile Replacement; Revised Edison slab vault & cable trench per the new SCE requirements; Install (2) access panels in Bldg. P Rooms 54 & 58; Demo vent on building N, reframe, install new vent and stucco patch; Install Access panel in Bldg. N Rm. 43, patch & paint under T&M. Demo Tree at Edison Transformer; EDISON Permit Fee to Facilitate Shut Down for Main Panel Make Ready Work; Theater Stub Ups at new switchgear enclosure in teachers parking.

This Change Order No. #02 is necessary to reimburse NOVUS Construction for the added cost of Constructing John Adams Middle School – HVAC & Fire Alarm Project.

Change Order No. #02 includes a 0-day increase to the contract time and funding is from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90907-0-00000-85000-6200-011-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-118598

MEASURE ES FUNDING

• Original Contract: $3,990,000.00
• Change Order #01: $55,708.14
• Change Order #02: $107,488.95                       
• TOTAL CONTRACT AMOUNT: $ 4,153,197.09

It is recommended that the Board of Education approve Contract Amendment #01 with 3QC, Inc. for the Malibu Middle High School Campus Improvements Project to provide commissioning services for Building E in an amount not to exceed $15,250.00 for a total contract amount of $71,865.00.

The District publicly issued an RFQ/P for the Commissioning consulting services required on the Malibu Middle and High School Campus Improvements Project on May 21, 2018. The award of an agreement to 3Qc was Board approved during the June 28, 2018, meeting (consent item .VI.C.5). During the September 6, 2018, meeting the total approved agreement amount was revised to $56,615.00. 

Commissioning services are now required for Building E. Functional Performance Testing services will be for the HVAC, lighting, and domestic hot water systems and controls.  The scope of work for this amendment includes the review of contract documents, approved submittals, write functional performance tests, request and review startup forms, request and review TAB report, observe tests, and compile a report. 

Contract Amendment #01 will be funded through program reserve shortfall.

Funding Information

• Budgeted: No
• Fund: 83
• Source: Measure BB
• Account Number: 83-90500-0-00000-85000-5802-010-2600
• Budget Category: Construction Contract 

MEASURE BB FUNDING:

• ORIGINAL CONTRACT – MMHS Campus Improvements: $56,615.00
• CA #01– MMHS Campus Improvements (Bldg E): $15,250.00
• TOTAL CONTRACT AMOUNT: $71,865.00

It is recommended that the Board of Education approve Contract Amendment #01 with LPA Architects for additional architectural and engineering design services for Malibu Middle & High School – Campus Plan Project in an amount not to exceed $73,300.00 for a total contract amount of $467,300.00.

Additional Architectural Services are required to support the following: an extended project schedule necessitated by delays caused by the Malibu fires, several additional stakeholder meetings, revisions to the program and layout of the campus plan, and civil engineering required to better inform and define the costs associated with phased grading and infrastructure design.

Funding Information

• Budgeted: Yes
• Fund: 86
• Source: Capital Facilities
• Account Number: 86-90913-0-00000-82000-5826-010-1500
• Budget Category: Soft Costs \ Design Services \ Architects

MEASURE ES FUNDING:

• ORIGINAL CONTRACT AMOUNT – Campus Planning Services: $394,000.00
• Contract Amendment #01 – additional design services: $73,300.00
• TOTAL CONTRACT AMOUNT: $467,300.00

It is recommended that the Board of Education approve Change Order #06 with McCarthy Building Companies, Inc., for the Malibu Middle & High School - Campus Improvements (Phase 3, 4 & 5) Project in an amount not to exceed $177,452.52 for a total contract amount of $57,173,172.99.

On February 15, 2018, the Board of Education awarded to McCarthy Building Companies, Inc., the Lease-Lease Back (LLB) construction contract for the Malibu Middle High School Campus Improvements Phase 3, 4 & 5 Project in the amount of $54,241,698.00.

The change order is per the District’s request to:

1. Abate asbestos containing plaster at retaining walls near Building A
2. Paint the woodshop and storage room in the ceramics classroom encapsulating all exposed plywood
3. Repair a major water leak at the upper playground area

Change Order #06 will be funded through program reserve shortfall.

Funding Information

• Budgeted: No
• Fund: 83
• Source: Measure BB
• Account Number: 83-90500-0-00000-85000-6200-010-2600
• Budget Category: Construction Contract

MEASURE ES FUNDING:   

• Original Contract – $54,241,698.00
• Change Order #01 – PCB in Buildings A, B/C: $336,177.47
• Change Order #02 – Milestone Contract Extension: $278,680.00
• Change Order #03 – Woolsey Fire Damage: $139,165.00
• Change Order #04 – Woolsey Fire Time Extension: $0.00
• Change Order #05 – Chilled Water Plant: $2,000,000.00
• Change Order #06 – Abate Asbestos Plaster, Paint/Encapsulate Woodshop & Storage/Repair water leaks $177,452.52
• TOTAL CONTRACT AMOUNT: $57,173,172.99

It is recommended that the Board of Education approve Change Order #07 with McCarthy Building Companies, Inc., for the Malibu Middle & High School - Campus Improvements (Phase 3, 4 & 5) Project in an amount not to exceed $350,000.00 for a total contract amount of $57,523,172.99.

On February 15, 2018, the Board of Education awarded to McCarthy Building Companies, Inc., the Lease-Lease Back (LLB) construction contract for the Malibu Middle High School Campus Improvements Phase 3, 4 & 5 Project in the amount of $54,241,698.00.

ASCIP has paid an initial amount of $350,000.00 to the District for reimbursement to McCarthy Builders for direct costs incurred as a result of the Woolsey Fire at MHS. Please note this is an initial payment and most likely there will be more forthcoming payments after the District’s review of the total claim. McCarthy has submitted a total cost claim (as of 6/24/19) of $1,599,722.27 which is currently under review.

Funding Information

• Budgeted: Yes
• Fund: 83
• Source: Measure BB
• Account Number:  83-90500-0-00000-85000-6200-010-2600 – BB
• Budget Category: Construction Contract

MEASURE ES FUNDING:   

• Original Contract – $54,241,698.00
• Change Order #01 – PCB in Buildings A, B/C: $336,177.47
• Change Order #02 – Milestone Contract Extension: $278,680.00
• Change Order #03 – Woolsey Fire Damage: $139,165.00
• Change Order #04 – Woolsey Fire Time Extension: $0.00
• Change Order #05 – Chilled Water Plant: $2,000,000.00
• Change Order #06 – Abate Asbestos Plaster, paint the woodshop & Storage/Repair water leaks $177,452.52
• Change Order #07 – Woolsey Fire & Rain Damage Claim: $350,000.00
• TOTAL CONTRACT AMOUNT: $57,523,172.99

It is recommended that the Board of Education approve Contract Amendment #20 with Sandy Pringle Associates, Inc., to provide additional inspector of record services for the Santa Monica High School - Discovery Building Project in an amount not to exceed $801,724.16 for a total contract amount of $1,307,573.84.

The District issued a RFP for Inspector of Record (IOR) services on June 10, 2019.  The RFP was issued directly to 13 firms and was posted on the FIP website.  Responses were due on June 20, 2019.  Proposals were to include the costs of services required in the RFP from 8/12/19 to 8/22/21.  Four firms submitted proposals, which are noted below:

• H.B.I. Inspections
• Sandy Pringle Associates, Inc.
• TYR, Inc.
• Vital Inspection Services Inc. (VIS)

Staff reviewed the proposals submitted and found all firms were qualified and responsive.  Based on staff’s review and evaluation it is recommended that Sandy Pringle Associates, Inc. be awarded the services.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Funding Line: 87-90904-0-00000-85000-5850-015-2600
• Budget Category: Soft Costs / Test & Inspection / Materials Lab
• DSA #: 03-118810

MEASURE ES FUNDING:   

• ORIGINAL CONTRACT - Roosevelt & Webster – WFP: $32,968.00
• CONTRACT AMENDMENT #01 – Malibu FIG – WFP: $53,256.00
• CONTRACT AMENDMENT #02 – SAMOHI – Sealy Field: $49,818.00                                         
• CONTRACT AMENDMENT #03 – Lincoln MS – Track & Field: $49,818.00
• CONTRACT AMENDMENT #04 – Webster ES – WFP: $31,000.00  
• CONTRACT AMENDMENT #05 – Samohi – Pico and BB Stairway: $3,610
• CONTRACT AMENDMENT #06 – Samohi – Interim Repairs & stairs: $3,400
• CONTRACT AMENDMENT #07 – Samohi – Discovery; Interim Housing & duct bank: $10,830
• CONTRACT AMENDMENT #08 – Samohi – Campus HVAC $16,529.20
• CONTRACT AMENDMENT #09 – Samohi – Demo $81,176.00
• CONTRACT AMENDMENT #10 – Lincoln MS – Track & Field: $5,573.80
• CONTRACT AMENDMENT #11 – Samohi – Discovery Bldg. (Utility Bldg.): $5,766.00
• CONTRACT AMENDMENT #12 – Samohi – Discovery Bldg. – Olympic Spur: $31,232.50
• CONTRACT AMENDMENT #13 – Roosevelt & Webster – WFP: $10,062.88
• CONTRACT AMENDMENT #14 – Malibu FIG – WFPD: $13,465.60
• CONTRACT AMENDMENT #15 – Lincoln MS – Track & Field: $2,402.50
• CONTRACT AMENDMENT #16 – Samohi – Discovery Bldg. (Prelim Services): $19,220.00
• CONTRACT AMENDMENT #17 – Samohi – Discovery Bldg. – Olympic Spur: $19,220.00
• CONTRACT AMENDMENT #18 – Samohi HVAC: $16,529.20
• CONTRACT AMENDMENT #19 – Samohi – Discovery Bldg. (Extended Services): $49,972.00
• CONTRACT AMENDMENT #20 – Samohi – Discovery Bldg. (Extended Services): $801,724.16
• TOTAL CONTRACT AMOUNT: $1,307,573.84

It is recommended that the Board of Education accept as completed all work contracted for the indicated Purchase Orders.

• School: Grant Elementary School
• Project: HVAC & Electrical Project
• Funding: Measure ES                        
• Vendor Name: Limbach Company LP
• PO Number: 192843
• Amount: $18,791.00
• Substantial Completion Date: 05/08/19

 A Notice of Completion must be recorded for Purchase Orders over $25,000 and within thirty-five (35) days with the County of Los Angeles pending approval by the Board of Education. 

It is recommended that the Board of Education accept as completed all construction under the contract issued to ACCO Engineered Systems for the Santa Monica High School – HVAC Project - Language Building Chiller Project with a final contract amount of $232,457.00.

On September 20, 2018, the Board of Education Meeting awarded a contract to ACCO Engineered Systems for the amount of $186,069.00.  Five change orders were issued, which increased the contract amount to $232,457.00.

All scope of work items have been completed.  A Certificate of Substantial Completion was issued to ACCO Engineered Systems.  No further correction items remain at this date as all work has previously been completed successfully.  In compliance with statutory requirements, a Notice of Completion will be recorded with the County of Los Angeles.

Funding Information

• Budgeted: Yes
• Fund: 84
• Source: Measure ES
• Account Number: 84-90901-0-0000-85000-6200-010-2600
• Budget Category: Construction Contracts

It is recommended that the Board of Education award project assignment #05 to dsk Architects to provide Architectural Design Services for Washington West – Window, Paint, Floors & Doors Project, HVAC & Fire Alarm Project in an amount not to exceed $20,959.00 for a total contract amount of $203,603.00. 

Additional architectural and engineering fees are required to replace the existing on-site sewer line which is old and can no longer manage the building use and additional restrooms required by code to serve the PDLC. This scope of work requires civil engineering design services.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: ES  
• Account Number: 87-90905-0-00000-85000-5826-070-2600
• Description: Architectural Design Services

MEASURE ES FUNDING:

• Project Assignment #01 – Washington West: $88,685.00
• Project Assignment #02 – Washington West: $71,080.00
• Project Assignment #03 – Washington West: $7,275.00
• Project Assignment #04 – Washington West: $15,604.00
• Project Assignment #05 – Washington West: $20,959.00
• TOTAL CONTRACT AMOUNT: $203,603.00

It is recommended that the Board of Education approve Contract Amendment #66 with HMC Architects for additional architectural and engineering re-design services for Malibu Middle & High School – Science Classrooms in an amount not to exceed $10,000.00 for a total contract amount of $9,841,312.50.

Contract Amendment #66 will provide architectural coordination between disciplines work, and structural, plumbing, and electrical engineering services to modify the built-in Science classrooms’ casework for Building A at Malibu Middle & High School.

Contract Amendment #66 will be funded through program reserve shortfall.

Funding Information

• Budgeted: No
• Fund: 83
• Source: Measure BB
• Account Number: 83-90500-0-00000-85000-5826-010-2600
• Budget Category: Soft Costs \ Design Services \ Architects

The list of contract amendments is attached.

It is recommended that the Board of Education approve Contract Amendment #67 with HMC Architects for additional architectural and engineering design services for Malibu Middle & High School – Fire Water Easement in an amount not to exceed $11,995.00 for a total contract amount of $9,853,307.50.

Contract Amendment #67 will cover the cost to provide final fire water design and engineering services per the LA County Waterworks District No. 29 additional requirements for Malibu Middle & High School.

Contract Amendment #67 will be funded through program reserve shortfall. 

Funding Information

• Budgeted: No
• Fund: 83
• Source: Measure BB
• Account Number: 83-90500-0-00000-85000-5826-010-2600
• Budget Category: Soft Costs \ Design Services \ Architects

The list of contract amendments is attached.

It is recommended that the Board of Education approve the attached certificated appointments, separations and assignments.

Unless otherwise noted, all items are included in the 2019-2020 budget.

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. 

All personnel will be properly elected in accordance with District policies and salary schedules. 

It is recommended that the Board of Education approve a 1.0 FTE increase for a Coordinator, American Cultures and Ethnic Studies.  

This position will be responsible for providing leadership and coordination for the District's Social Justice Framework, and will develop an action plan that includes the development of high school courses to fulfill the American Cultures and Ethnic Studies graduation requirement.

The 2019-2020 budget will be adjusted $136,846 for salary and benefits.

The Social Justice TOSA position will be abolished, offsetting the cost.

It is recommended that the Board of Education approve an increase in FTEs (3.0625 total FTE), as indicated below in order to meet IEP requirements and student needs for the 2019-2020 school year.

The 2019-2020 budget will be adjusted $194,570 for salary and benefits.

ParaEducator 1 - new position/6 hours (0.75 FTE) - Malibu Elementary

ParaEducator 2 - new position/6 hours (0.75 FTE) - John Adams MS

ParaEducator 3 - new position/6 hours (0.75 FTE) - Muir Elementary

ParaEducator 3 - new position/6 hours (0.75 FTE) - Webster Elementary

ParaEducator 1 - from 5.5 hours (0.6875) to 6 hours (0.75 FTE) - McKinley Elementary

It is recommended that the Board of Education consider replacing BP and adopting AR 4119.26 – Student and Staff Interaction (formerly known as Non-fraternization with Students).

Staff is proposing replacing BP 4119.26 with a more expansive BP and a new AR that afford greater protection for students and staff.  Sexual misconduct against students perpetrated by school employees has become a national problem and is reflective of the growing sexual abuse against children that has developed within the nation.  Research conducted by the Centers for Disease Control (CDC) estimates that approximately 1 in 6 boys and 1 in 4 girls are sexually abused before the age of 18.  According to a U.S. Department of Education report an estimated 1 in 10 students will experience sexual misconduct perpetuated by a school employee by the time they graduate from high school.

The prevention of sexual misconduct call for the establishment of a policy the does the following:

• Sets clear behavioral boundaries when interacting with students
• Outlines clear responsibilities for reporting boundary violations and sexual misconduct
• Provides for employee training on policy objectives, responsibilities, and consequences for non-compliance.

Staff anticipates that this item will require a total of 20 minutes, with 10 minutes for the staff report and 10 minutes for board members' questions/comments.  

It is recommended that the Board of Education consider replacing BB 9240 – Board Training Development.

As a means of addressing deficit spending in our district, staff and the Board of Education are examining all aspects of the budget to identify reductions.  The proposed changes to BB 9240 speak to the part of the district budget that includes expenditures for professional development opportunities for board members. 

Staff anticipates that this item will require a total of 20 minutes.   

The Board subcommittee supports the Financial Oversight Committee (FOC) recommendation that the Board of Education approve the appointments of Seth Jacobson and Marc Levis-Fitzgerald to fill vacancies on the FOC for term commencing July 1, 2019, through June 30, 2022.

At the June 25, 2019, FOC special meeting, the committee unanimously passed a motion to recommend: Seth Jacobson and Marc Levis-Fitzgerald to the Board for consideration of appointment to the FOC for term commencing July 1, 2019, through June 30, 2022.  

The committee membership are as follows:

Term Ends 6/30/20

• Michael Kremer, Shawn Landres, Debbie Mulvaney, Shelly Slaugh Nahass

Term Ends 6/30/21

• Alex Farivar, Gordon Lee, Payal Maniar

Term Ends 6/30/22

• Matthew Covington, Matthew Crawford, Seth Jacobson, Marc Levis-Fitzgerald

The board postponed these two appointments from the June 20 board meeting.

It is recommended that the Board of Education:

1. Increase and adjust the Measure ES – Santa Monica Other Allocation Budget;
2. Increase and adjust the Performing Arts Center Project Budget; and
3. Amend the contract for the Lease-Leaseback Agreement for John Adams Middle School – Performing Arts Center Project - RFP #19.20.ES awarded to Bernards, at the 02/21/19 Board Meeting. The amendment of $32,927,581.00 will establish the Guaranteed Maximum Price (GMP) in the amount of $34,039,250.00 (for the Performing Arts Center, including the Rehearsal Building, but excluding the Music Building Modernization), which includes the not to exceed amount of $1,111,669.00 previously awarded for the approval of the Site Lease and Facilities Lease to provide Preliminary Services, abatement, demolition, and grading (non-DSA work) as well as development of a GMP.

Performing Arts Center – Guaranteed Maximum Price:

The award of the LLB contract for the construction of the Performing Arts Center is being done in a two-step process:

The first step was to award a contract for preliminary services and initial work, which also established fixed mark-ups that would be applied during the second step of the process. The District awarded a preliminary services contract in the amount of $1,111,669 to Bernards at the 2/21/2019 Board Meeting after issuing an RFP and conducting a Board-approved selection process. The award was for the previously defined preliminary services as well as the abatement and demolition of the existing theater and the completion of bulk earthworks, which were permissible under the preliminary services agreement because they did not require DSA approval.  The amendment requires full DSA permit approval (which has been obtained for the Performing Arts Center, but not the Music Building Modernization) prior to execution.

The second step in the process involves competitively bidding all of the trades (subcontractors) and applying the mark-ups established in the awarded preliminary services contract. This process is used to arrive at the GMP. Bernards used the Board-approved criteria to develop their proposed GMP of $45,933,325, which included modernization of the Music building as well as the previously awarded preliminary services. Bernards also proposed several cost-saving value engineering options, discussed below, some of which are recommended for acceptance.

The previously established overall project budget is less than the amount necessary to fund this project.  The Architect of Record utilized the services of a professional estimating firm to produce an estimate of cost in July 2018 that was previously presented to the Board. At that time the construction cost estimate for all of this work was for the amount of $32,959,242 based on the 95% Construction Documents (CD) design level.  An overall project budget adjustment was not requested at that time.  It was estimated that the construction of the theater would cost approximately $27 million, funded from Measure ES, State Seismic funding, and SMC, while the remaining $6 million for construction of the Rehearsal Building and the Music Building Modernization would be funded from a future bond measure.

The higher than anticipated construction cost is believed to be due to several broad factors including:

• construction cost escalation, which was about 3% / year more than estimated (8% vs 5%), compounded over 2 years;
• very competitive market conditions, including challenges with a scarcity of labor, resulting in both higher prices and fewer bidders; and
• trade tariffs.

Since submittal of the original proposed GMP, Bernards has continued to work with its trade contractors to reduce the project price.  To date, that effort has resulted in a reduction in the GMP of almost $4.1 million, applied to both the Performing Arts Center and the Music Building Modernization. The revised proposed GMP for the Performing Arts Center, including the Rehearsal Building and Music Building Modernization, but not taking into account acceptance of certain value engineering items results in a construction cost of $41,852,325, down from the original proposal of $45,933,325.

The FIP Department has explored the potential Value Engineering options proposed by Bernards, District Staff, and the architect. Staff recommends that certain value engineering options be accepted, reducing the GMP by approximately $3.2 million.  The recommended value engineering options include elimination of metal paneling above 10 feet in the auditorium, replacement of mineral wool insulation with fiberglass, alternative roofing manufacturer, alternative acoustical tiles, plaster modifications, revised floor finishes, use of precast concrete benches in lieu of cast in place, change of Building Management System manufacturer, and other miscellaneous changes that will not impact the overall appearance or use of the facilities, totaling $3,184,547, including contractor mark-up, resulting in a total proposed GMP of $38,667,778 for the Performing Arts Center, including the Rehearsal Building and Music Building Modernization. 

The intended modernization of the Music Building, which consists of major seismic upgrades, interior modernization, new windows and skylights, new fire sprinklers, new roofing, new air conditioning, and several other improvements, cannot be awarded at this time because DSA approval has not yet been obtained.  The most recent GMP proposal from Bernards includes approximately $4.6 million in construction hard costs for the Music Building Modernization. The District is not permitted to enter into an agreement to construct these improvements until DSA permit approval is obtained. The cost of the Music Building Modernization was also significantly higher than anticipated, to the extent that it may be worthwhile to consider replacement in lieu of modernization. Staff recommends completing the design and permitting of the Music Building Modernization, but deferring implementation of the work indefinitely. 

By accepting the recommended value engineering items and deferring the Music Building Modernization, the proposed GMP will be reduced to $34,039,250 for the Performing Arts Center, including the Rehearsal Building. 

Performing Arts Center Project Budget Adjustment:

The overall Performing Arts Center project budget (which is part of the Measure ES Santa Monica Other Allocation budget), inclusive of construction hard costs, soft costs, and contingency, was previously established to be $32 million (funded as follows: SMC, $20 million; Measure ES, $10 million; State Seismic Funding, approximately $2 million), based on an original construction hard cost estimate of $22 million, which is approximately $12 million below the recommended award amount, for the reasons previously stated.  The net result is a total project budget increase of approximately $15.1 million, resulting in a revised overall total project budget of $47.1 million, including almost $4 million for the Rehearsal Building, as discussed below. 

Measure ES Santa Monica Other Allocation Budget Adjustment:

It has long been understood that the Music Building Modernization and the Rehearsal Building would be funded, if at all, from a future bond measure, which has since passed as Measure SMS in November 2018.  The Rehearsal Building is estimated to cost about $3.1 million for construction ($3.8 million total project cost). The Music Building Modernization is estimated to cost about $4.6 million for construction ($5.7 million total project cost). Staff recommends building the DSA-approved Rehearsal Building as part of this project but deferring the Music Building Modernization. The project, including acceptance of the recommended value engineering items, requires additional funding in the amount of approximately $11.3 million for the Performing Arts Center construction plus $3.8 million for the Rehearsal Building, exclusive of the Music Building Modernization, resulting in a total project budget increase of $15.1 million. 

Staff recommends approval of additional modifications to the Measure ES – Santa Monica Other Allocation budget, including reduction of contingency, modification of other project budgets, and transfer of certain anticipated projects to Measure SMS, which will result in an overall Measure ES Santa Monica Other Allocation Budget increase of $15.1 million, as indicated in the presentation documents presented during the discussion associated with this item.  The additional $15.1 million would be funded from the Santa Monica Other Allocation of Measure SMS.                                

Recommendation:

It is recommended that the Board of Education authorize the Superintendent or designee to take the following actions and execute the appropriate documents: 1) approve an adjustment, including an increase of $15,100,000 from Measure SMS, to the Measure ES – Santa Monica Other Allocation budget, 2) approve an adjustment and increase of the John Adams Middle School Performing Arts Center Project budget to $47,100,000, and 3) approve the amendment of the Facilities Lease with Bernards in the amount of $32,927,581.00 for the construction of the JAMS Performing Arts Center, resulting in the Guaranteed Maximum Price of $34,039,250.00 for preliminary services and construction of the Performing Arts Center. 

Staff anticipates that this item will require a total of 30 minutes, with 20 minutes for the staff report and 10 minutes for board member questions/comments.

Attached is a copy of the Quarterly Report on Williams Uniform Complaints.  It is required that the information be reported publicly at a Board Meeting.

To comply with BP 5145.9 Hate-Motivated Behavior this item is to come before the Board as an information item each quarter.  This report includes reports from April 1, 2019, to June 30, 2019 (4th Quarter).

Quarter covered by this report:

• 1^st     Quarter -  July 1 to September 30 (Reporting in October)
• 2^nd    Quarter - October 1 to December 31 (Reporting in January)
• 3^rd     Quarter - January 1 to March 31 (Reporting in April)
• 4^th      Quarter - April 1 to June 30 (Reporting in July)

Reports:

• No reports were filed during the quarter indicated.
• Reports were filed at the schools or district offices listed in the attached report.

To comply with BP 5145.10 Disability Harassment this item is to come before the Board as an information item each quarter. This report includes reports from April 1, 2019, to June 30, 3019 (4th Quarter).

Quarter covered by this report:

• 1^st Quarter - July 1 to September 30 (Reporting in October)
• 2^nd Quarter - October 1 to December 31 (Reporting in January)
• 3^rd Quarter - January 1 to March 31 (Reporting in April)
• 4^th Quarter - April 1 to June 30 (Reporting in July)

Reports:

• No reports were filed during the quarter indicated.
• Reports were filed at the schools or district offices listed in the report.

This meeting will adjourn to a regular meeting scheduled for Thursday, August 1, 2019, at 5:30 p.m. at the district office: 1651 16th St., Santa Monica, CA.