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Notice of Special Meeting
Benicia USD
May 13, 2021 5:00PM
In Compliance with Executive Order N-29-20 and N-35-20 issued by Governor Newsom on March 12th and 21st, 2020 respectively, this meeting will be Livestreamed and recorded via the BUSD YouTube channel linked here: https://www.youtube.com/c/beniciaunifiedschooldistrict Meeting will be conducted via Zoom from the Benicia Unified District Board Room 350 East K Street Benicia, CA 94510

1. CALL TO ORDER - 5:00 p.m. (Procedural Item)
2. ROLL CALL (Procedural Item)
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS (Procedural Item)
Quick Summary / Abstract:
PLEASE NOTE:  In an effort for our community’s voices to be heard,  BUSD has transitioned to accepting public comments via the “Public Comment” voicemail that will now be available.  Members of the public wishing to address specific items on the Board meeting agenda are requested to call 707-748-2787 (one comment per person, per item limited to 3 minutes) on the day of the meeting between 4:00 - 5:30 p.m.  Please note that no anonymous messages will be played.  If your comment is for “closed session” please be sure to state that so that it can be addressed prior to “closed session.” The  board clerk will play the recording of all the “open session” public comments to the specific items then being discussed by the Board (Board Bylaw 9323) during the public comment item.  The Governing Board allows speakers to speak at regular meetings on agendized and non-agendized matters under public comment. Comments are limited to no more than three minutes per speaker at which time the voicemail will be cut off. By law, no action may be taken on any item raised during the public comment periods and matters may be referred to staff for placement on a future agenda of the Governing Board.  Please be reminded to keep your comments respectful and that students may be watching the board meeting.
4. CLOSED SESSION - 5:00 P.M. (Procedural Item)
4.1. Public Employment/ Action/ Appointment/ Discipline/ Dismissal/ Evaluation / Release (Action Item)Confidential agenda item.
4.2. Conference with Labor Negotiators (Procedural Item)Confidential agenda item.
4.3. Individual Student Matter(s)/ Student Need(s) (Procedural Item)Confidential agenda item.
4.4. Conference Regarding Anticipated Litigation (Action Item)Confidential agenda item.
5. RECONVENE TO OPEN SESSION - 5:30 P.M. (Procedural Item)
5.1. Report on Closed Session Items (Action Item)
Quick Summary / Abstract:
 
5.2. Announcement (Procedural Item)
Quick Summary / Abstract:
This meeting is recorded for live-streaming and archiving on the District YouTube channel at youtube.com/c/beniciaunifiedschooldistrict for your convenience.
6. APPROVAL OF AGENDA (Action Item)
Actions:
Motion
Approval of the agenda as presented Passed with a motion by Mark Maselli and a second by Diane Ferrucci.
Vote:
Yes Diane Ferrucci.
Absent CeCe Grubbs.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
7. PLEDGE OF ALLEGIANCE (Procedural Item)
8. COMMENTS FROM MEMBERS OF THE PUBLIC (Procedural Item)
Quick Summary / Abstract:

PLEASE NOTE:  In an effort for our community’s voices to be heard,  BUSD has transitioned to accepting public comments via the “Public Comment” voicemail that will now be available.  Members of the public wishing to address specific items on the Board meeting agenda are requested to call 707-748-2787 (one comment per person, per item limited to 3 minutes) on the day of the meeting between 4:00 - 5:30 p.m.  Please note that no anonymous messages will be played.  If your comment is for “closed session” please be sure to state that so that it can be addressed prior to “closed session.” The  board clerk will play the recording of all the “open session” public comments to the specific items then being discussed by the Board (Board Bylaw 9323) during the public comment item.  The Governing Board allows speakers to speak at regular meetings on agendized and non-agendized matters under public comment. Comments are limited to no more than three minutes per speaker at which time the voicemail will be cut off. By law, no action may be taken on any item raised during the public comment periods and matters may be referred to staff for placement on a future agenda of the Governing Board.  Please be reminded to keep your comments respectful and that students may be watching the board meeting.

For tonight's public hearing, public comments may also be submitted via the public comment voicemail line 707-748-2787. 

9. CONSENT CALENDAR - ACTION ITEMS (Consent Agenda)
Actions:
Motion
Approval of the consent calendar as amended Passed with a motion by Diane Ferrucci and a second by Mark Maselli.
Vote:
Yes Diane Ferrucci.
Absent CeCe Grubbs.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Quick Summary / Abstract:
All matters listed under the Consent Calendar are considered by the Board to be routine and will be approved by the Board in one motion. There will be no discussion on these items unless members of the Board, staff or public request specific items to be pulled and discussed.

9.1. Approval of Personnel Action List (Consent Item)
Attachments:
PAL Summary
PAL Summary ADD
10. DISCUSSION ITEMS (Procedural Item)
10.1. Public Hearing for Consideration of action to set the retention for the Mary Farmar Elementary School Modernization project at 10% because the projects are substantially complex. (Discussion Item)
Speaker:
Roxanne Egan, Bond Director
Rationale:

Public Contract Code § 7201 (b)(1) provides that retention proceeds withheld from any payment by a public entity and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder, relating to the construction of any public work shall not exceed five percent (5%) of the contract price;

 

 Public Contract Code Section 7201(b)(4) provides that a school district may withhold retention proceeds in excess of five percent (5%) from the original contractor where the district has approved a finding during a properly noticed and normally scheduled public hearing prior to bid that the project is substantially complex and therefore requires a higher retention amount than five percent (5%) and the awarding entity includes both this finding and the actual retention amount in the bid documents;

 
11. NON-CONSENT ACTION ITEMS (Action Item)
11.1. Consideration of action to set the retention for the Mary Farmar Elementary School Modernization project at 10% because the projects are substantially complex. (Action Item)
Rationale:

The construction timeline for the modernization improvements is critical

The work is complicated involving complex coordination between many trades and the building manufacturer and multiple construction phases.
 
Recommended Motion:
Approval to set the retention for the Mary Farmar Elementary School  Modernization project at 10% because the projects are substantially complex
Actions:
Motion
Approval to set the retention for the Mary Farmar Elementary School  Modernization project at 10% because the projects are substantially complex Passed with a motion by Diane Ferrucci and a second by Gethsemane Moss.
Vote:
Yes Diane Ferrucci.
Absent CeCe Grubbs.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
11.2. Consideration and Approval to Award the Contract for the Mary Farmar Elementary School HVAC, Roofing and Bathroom accessibility Upgrades Project to the lowest bidder (Action Item)
Speaker:
Roxanne Egan, Bond Director
Rationale:

The project was publicly bid to Pre-Qualified Contractors. The work was identified in our Facilities Master Plan with Priority 1 essential project need and consist of

  • Replacement of (6) rooftop HVAC units in the vicinity of the library 
  • Roofing replacement below the new HVAC units
  • Removal of the hallway skylights adjacent to classrooms 8-12 and installation of new sun tunnels to provide natural light in the hallway
  • Major renovations and accessibility upgrades to Student restrooms adjacent to Classroom #8
  • Minor staff ADA upgrades
We were pleased to receive competitive bids from three contractors. Staff recommendation is to award the contract to the lowest bidder allowing construction to proceed with work occurring summer 2021. The site is closed to the user groups for the summer to allow this work to be performed.
 
Recommended Motion:
Approval of the award to the low bidder Bel Air Mechanical, Inc. in the amount of $940,000
Actions:
Motion
Approval of the award to the low bidder Bel Air Mechanical, Inc. in the amount of $940,000 Passed with a motion by Gethsemane Moss and a second by Mark Maselli.
Vote:
Yes Diane Ferrucci.
Absent CeCe Grubbs.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Attachments:
2021.05.13 MFES HVAC
12. ADJOURNMENT (Procedural Item)
Quick Summary / Abstract:
The next Regular Governing Board meeting is scheduled for Thursday, May 27, 2021
Disability Information:
In compliance with the American with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact Georgina Martinez at 747-8300, ext. 1211. Notification 48 prior to the meeting will enable the District to make reasonable arrangement to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

Published: May 12, 2021, 11:25 AM

The resubmit was successful.