albany unified school district board of education · 2016-03-25 · unified school district web...

Board Agenda of Special Meeting March 29, 2016

of 2

ALBANY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION

The mission of Albany Unified School District is to provide excellent public education that empowers all to achieve their fullest potential as productive citizens. AUSD is committed to creating comprehensive learning opportunities in a safe, supportive, and collaborative environment, addressing the individual needs of each student.

Change in Location

SPECIAL MEETING

ALBANY UNIFIED SCHOOL DISTRICT 1051 Monroe Street Albany, CA 94706

TUESDAY

March 29, 2016 6:30 p.m. – 8:00 p.m.

A G E N D A Meeting Norms

1. Maintain a focus on what is best for our

students.

2. Show respect (never dismiss/devalue others).

3. Be willing to compromise.

4. Disagree (if necessary) agreeably.

5. Make a commitment to effective deliberation, each one listening with an open mind while others are allowed to express their points of view.

6. Participate by building on the thoughts of a fellow Board member.

7. Make a commitment to open communication and honesty; no surprises.

8. Commit the time necessary to govern effectively.

9. Be collaborative.

10. Maintain confidentiality (which leads to the building of trust).

11. Look upon history as lessons learned; focus on the present and the future.

All meetings are videotaped.

(To view the videos, visit www.ausdk12.org)

I. OPENING BUSINESS 6:30 p.m. A) Call to Order B) Roll Call C) Identify Closed Session Pursuant to Agenda Section III Below II. PUBLIC COMMENT PERIOD FOR CLOSED SESSION

ITEMS General public comment on any Closed Session item will be heard. The Board may limit comments to no more than three (3) minutes. III. CLOSED SESSION 6:35 p.m.

A) With Respect To Every Item Of Business To Be Discussed In

Closed Session Pursuant To Government Code Section 54957: • Personnel

B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code section 54956.8) Property: (1070 41st St, Emeryville, CA 94608) Agency Negotiator (Allan Garde, Chief Business Officer) Under Negotiation: (Price and Terms of Payment)

C) With respect to every item of business to be discussed in Closed

Session pursuant to Government Code Section 54957.6: Conference with Labor Negotiator (Superintendent Valerie Williams, District Representative), Regarding Negotiations as pertains to: • California School Employees Association (CSEA) • Albany Teachers Association (ATA) • SEIU Local 1021

The public is encouraged to address the Board on any topic – whether or not the item is on the agenda. The President will also invite the public to speak during the section titled “Persons to Address the Board on Matters Not on the Agenda”. To ensure accurate information is captured in the Board meeting minutes, please complete the “Speaker Slip” provided on the table in the back of the room and hand it to the clerk when at the podium speaking.

1

Board Agenda of Special Meeting March 29, 2016

of 2

IV. OPEN SESSION 7:00 p.m. (5 mins.) Depending upon completion of Closed Session items, the Board of Education intends to convene to Open Session at 7:00 p.m. to conduct the remainder of its meeting, reserving the right to return to Closed Session at any time. A) Reconvene to Open Session B) Roll Call C) Report of Action Taken in Closed Session D) Approval of Agenda

E) PERSONS TO ADDRESS THE BOARD ON MATTERS NOT ON THE AGENDA 7:05 p.m.

(5 mins.) Board practice limits each speaker to no more than three (3) minutes. The Brown Act limits Board ability to discuss or act on items which are not on the agenda; therefore, such items may be referred to staff for comment or for consideration on a future agenda. F) REVIEW AND ACTION 7:10 p.m.

1. Approval of Agreement with Gould Evans, Inc. to Provide Bridging Architectural Services for the Albany High School Classroom Addition--------------------------------------------------------------(pg.3) (15 mins.)

2. Approve Independent Contractor Agreement with Dutra Cerro Graden for Consulting and Brokerage Services to Relocate the District Office----------------------------------------------------------------(pg.23) (15 mins.)

3. Approve Amendment to Agreement for Program Management Services with Derivi Castellanos Architects to Add Albany High School Amphitheater Removal-----------------------------------(pg.36) (15 mins.)

4. Approve Assignment of two Board of Education Members to the Albany High School Classroom

Addition Design Team-----------------------------------------------------------------------------------(pg.45) (5 mins.)

V. ADJOURNMENT 8:00 p.m. FUTURE BOARD MEETINGS

Date Time Location April 26, 2015

7:00 – 9:30 p.m. Albany City Hall

May 10, 2015


May 24, 2015


June 14, 2015


June 28, 2015 7:00 – 9:30 p.m. Albany City Hall

Please note that the Board of Education is in recess during the month of July.

The Board of Education meeting packet is available for public inspection at: Albany Unified School District, 1051 Monroe Street: and is available on the Albany Unified School District web site: www.ausdk12.org. If you provide your name and/or address when speaking before the Board of Education, it may become a part of the official public record and the official minutes will be published on the Internet. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Superintendent’s Office at 510-558-3766. Notification must be give forty-eight (48) hours prior to the meeting to make reasonable arrangements for accessibility (28 CFR 35.102.104 ADA Title II).

2

http://www.ausdk12.org/

ITEM: AGREEMENT WITH GOULD EVANS, INC. TO PROVIDE

BRIDGING ARCHITECTURAL SERVICES FOR THE ALBANY HIGH SCHOOL CLASSROOM ADDITION PREPARED BY: ALLAN GARDE, CHIEF BUSINESS OFFICIAL TYPE OF ITEM: REVIEW AND ACTION

PURPOSE: To review and approve the bridging architectural services agreement with Gould Evans, Inc. for the Albany High School Classroom Addition. BACKGROUND INFORMATION: At the January 19, 2016 Special Board Meeting, the Board approved the pursuit of two pathways to relocate the District Office by the time the current lease ends in June 30, 2017. One pathway is to incorporate temporary housing of the District Office within the Albany High School Additional Classroom Wing. The second pathway is to have Dutra Cerro Graden assist the District with finding property available for lease to temporarily house the District Office. At the February 23, 2016 Regular Board Meeting, the Board approved two resolutions placing two bond measures on the June 7, 2016 Statewide Primary ballot. DETAILS: After a Request for Proposals Process involving eight highly-qualified local firms, an interview panel involving: Jeff Anderson, Principal; Allan Garde, Chief Business Official; Dax Kajiwara, Director of Technology; Juan Barroso, Program Manager; Diana Hayton, Sustainability/Integrated Design Committee Architect is recommending Gould Evans, Inc. to provide bridging architectural services for the Albany High School Classroom Addition. This project is planned to be phases based on a Design-Build Delivery Method. KEY QUESTIONS/ANSWERS:

1. How can an architect design a District Office to share space with classrooms? a. Gould Evans is uniquely positioned to partner with the District on this project due

to its experience with commercial property and schools as well as their in-depth knowledge of the community and Albany High daily operations.

FINANCIAL INFORMATION: Total Fee – $95,000 (Maintenance Funds) Optional Additional Scope – $18,500 (Maintenance Funds) STRATEGIC GOALS ADDRESSED: This Board Item addresses

Objective #1: Assess and Increase Academic Success. Goal: We will provide a comprehensive educational experience with expanded opportunities for engagement, assessment, and academic growth so that all students will achieve their fullest potential. Objective #2: Support the Whole Child. Goal: We will foster the social and emotional growth of all students, implement an array of strategies to increase student engagement, identify individual socio-emotional and behavioral needs, and apply collaborative appropriate interventions.

ALBANY UNIFIED SCHOOL DISTRICT BOARD AGENDA BACKUP

Special Meeting of March 29, 2016

3

https://d3jc3ahdjad7x7.cloudfront.net/h1FlWXDnd8bj6zW50L0HSFLRw3zCkC2J3mqo2kvoXKdEhJoY.pdf

https://d3jc3ahdjad7x7.cloudfront.net/9z2g01gKIdpfQ20rAwKdkPGZR7WABQzuG3QtpSqPdDpaVGAd.pdf

Objective #3: Communicate and Lead Together.

Goal: All stakeholders will collaborate and communicate about decisions that guide the sites and district.

RECOMMENDATION: Approve Agreement with Gould Evans, Inc. to Provide Bridging Architectural Services for the Albany High School Classroom Addition

4

ITEM: INDEPENDENT CONTRACTOR AGREEMENT WITH DUTRA CERRO GRADEN FOR CONSULTING AND BROKERAGE SERVICES TO RELOCATE THE DISTRICT OFFICE

PREPARED BY: ALLAN GARDE, CHIEF BUSINESS OFFICIAL

TYPE OF ITEM: REVIEW AND ACTION

PURPOSE: To review and approve the independent contractor agreement with Dutra Cerro Graden for Consulting and Brokerage Services to develop a Request for Proposals for the relocation of the District Office.

BACKGROUND INFORMATION: At the August 11, 2015 Regular Board Meeting, the Board approved Dutra Cerro Graden to conduct a Strategic Asset Review for the District facilities. At the January 19, 2016 Special Board Meeting, the Board approved the pursuit of two pathways to relocate the District Office by the time the current lease ends in June 30, 2017. One pathway is to incorporate temporary housing of the District Office within the Albany High School Additional Classroom Wing. The second pathway is to have Dutra Cerro Graden assist the District with finding property available for lease to temporarily house the District Office.

DETAILS: Dutra Cerro Graden will provide Consulting and Brokerage Services for the District: Consulting Services

• Updating the Facility Needs Analysis conducted for the Strategic Asset Management Report• Developing a Conceptual Space Plan• Conduct a standard real property search for both “For Sale” and “For Lease” properties• Developing a Request for Proposal (“RFP”)

Brokerage Services • Facilitate conversations with prospective commercial agents and property owners to narrow the

list of prospective properties • Conduct property tours with key District staff to evaluate prospective properties• Prepare a spreadsheet detailing the qualitative and quantitative merits of various property options

based on responses received and present options to the Board of Education to review and provideinput on their desired direction on a “Preferred Property Option(s)”.

• Use Board feedback to work with District legal counsel to negotiate either a Lease or PurchaseAgreement for select property(ies)

• Finalize Lease or Purchase Agreement, subject to staff and Board approval• Facilitate any required improvements to subject property• Facilitate obtaining any required Certificate of Occupancy and relocation to new office facilities

KEY QUESTIONS/ANSWERS: 1. Why do we need a consultant for this work?

a. Having a real estate broker who specializes on municipalities will allow the District the opportunity to find lease or purchase properties that are not publicly available.



23

https://d3jc3ahdjad7x7.cloudfront.net/DFWLapurY0Yx4KgDD8gvZRxTDzT87qhkcQgnSDVWjvgFFw5F.pdf


FINANCIAL INFORMATION: $10,500 – Maintenance Funds (Consulting Services) To Be Negotiated at the Time of Lease (Brokerage Services)

STRATEGIC GOALS ADDRESSED: This Board Item addresses

Objective #3: Communicate and Lead Together.


RECOMMENDATION: Approve Independent Contractor Agreement with Dutra Cerro Graden for Consulting and Brokerage Services to Relocate the District Office

24

ALBANY UNIFIED SCHOOL DISTRICT

INDEPENDENT CONTRACTOR SERVICES AGREEMENT

This agreement is hereby entered into this _____ day of , in the County of Alameda, State

of California, by and between the Albany Unified School District, hereinafter referred to as “DISTRICT,” and

CONTRACTOR

MAILING ADDRESS

CITY STATE ZIP

hereinafter referred to as ‘CONTRACTOR.” DISTRICT and CONTRACTOR shall be collectively

referred to as the Parties.

1

1. Contractor Services. Contractor agrees to provide the following services to District

(collectively, the "Services"):

March 2016

Dutra Cerro Graden

7600 Dublin Boulevard, Suite 275

Dublin CA 94568

Services are noted in detail within Exhibit A under Consulting Services:

Property Solicitation Plan

Additional Services are noted in detail within Exhibit A under Brokerage

Services: Property Tours, Contract Negotiations and Preparations

25

2. Contractor Qualifications. Contractor represents and warrants to District that

Contractor and all of Contractor's employees, agents or volunteers (the "Contracted

Parties") have in effect and shall maintain in full force throughout the Term of this

Agreement all licenses, credentials, permits and any other legal qualifications required

by law to perform the Services and to fully and faithfully satisfy all of the terms set forth

in this Agreement. If any of the Services are performed by any of Contractor's Parties,

such work shall only be performed by competent personnel under the supervision of

and in the employment of Contractor.

3. Term. CONTRACTOR shall:

Provide services under this AGREEMENT on the following specific date’s

________, ________, ________, ________, ________, ________, ________, and

complete performance no later than _____________________;

OR

Commence providing services under this AGREEMENT on , and

complete performance no later than _______ , ______ .

There shall be no extension of the Term of this Agreement without the express written

consent from all parties. Written notice by the District Superintendent or designee shall

be sufficient to stop further performance of the Services by Contractor or the

Contracted Parties. In the event of early termination, Contractor shall be paid for

satisfactory work performed to the date of termination. Upon payment by District,

District shall be under no further obligation to Contractor, monetarily or otherwise, and

District may proceed with the work in any manner District deems proper.

4. Termination. Either party may terminate this Agreement at any time by giving thirty

(30) days advance written notice to the other party; however the parties may agree in

writing to a shorter time period for the effectiveness of such termination.

Notwithstanding the foregoing, District may terminate this Agreement at any time by

giving written notice to Contractor if Contractor materially violates any of the terms of

this Agreement, any act or omission by Contractor or the Contracted Parties exposes

District to potential liability or may cause an increase in District's insurance premiums,

Contractor is adjudged a bankrupt, Contractor makes a general assignment for the

benefit of creditors or a receiver is appointed on account of Contractor's insolvency.

Such termination shall be effective immediately upon Contractor's receipt of said notice.

5. Compensation. DISTRICT agrees to pay the CONTRACTOR for services satisfactorily

rendered pursuant to this AGREEMENT a total fee not to exceed

____ dollars.($_____ ). DISTRICT shall pay

CONTRACTOR according to the following terms and conditions:

2

XMarch 23 2016

June 30 2016

ten thousand five hundred 10,500.00

26

An hourly rate of $__________ for a total amount of ________ hours.

A daily rate of $__________ for a total amount of ________ days.

A flat fee of $

b. Payment method shall be:

Upon Completion.

Other (Specify):

Any work performed by Contractor in excess of said amount shall not be compensated.

Payment shall be made upon approval of DISTRICT and receipt of an invoice from CONTRACTOR

one copy clearly marked original. CONTRACTOR’s invoice shall be sent to: Albany Unified

School District, Attention: Accounts Payable, 1051 Monroe Street, Albany, CA, 94706.

6. Equipment and Materials. Contractor at its sole cost and expense shall provide and

furnish all tools, labor, materials, equipment, transportation services and any other

items (collectively, "Equipment") which are required or necessary to perform the

Services in a manner which is consistent with generally accepted standards of the

profession for similar services. Notwithstanding the foregoing, District shall not be

responsible for any damages to persons or property as a result of the use, misuse or

failure of any Equipment used by Contractor of the Contracted Parties, even if such

Equipment is furnished, rented or loaned to Contractor or the Contracted Parties by

District. Furthermore, any Equipment or workmanship that does not conform to the

regulations of this Agreement may be rejected by District and in such case must be

promptly remedied or replaced by Contractor at no additional cost to District and

subject to District’s reasonable satisfaction.

7. California Residency. Contractor and the Contracted Parties shall be residents of the

State of California.

8. Indemnity. Contractor shall defend, indemnify, and hold harmless District and its

agents, representatives, officers, consultants, employees, Board of Education, members

of the Board of Education (collectively, the "District Parties"), from and against any and

all claims, demands, liabilities, damages, losses, suits and actions, and expenses

(including, but not limited to attorney fees and costs including fees of consultants) of

any kind, nature and description (collectively, the "Claims") directly or indirectly arising

out of, connected with, or resulting from the performance of this Agreement, including

but not limited to Contractor's or the Contracted Parties' use of the site; Contractor's or

the Contracted Parties' performance of the Services; Contractor's or the Contracted

Parties' breach of any of the representations or warranties contained in this Agreement;

injury to or death of persons or damage to property or delay or damage to District or

the District Parties; or for any act, error, omission, negligence, or willful misconduct of

Contractor, the Contracted Parties or their respective agents, subcontractors,

employees, material or equipment suppliers, invitees, or licensees. Such obligation shall

not be construed to negate, abridge, or reduce other rights or obligations of indemnity,

3

X 10,500

X

27

which would otherwise exist as to a party, person, or entity described in this paragraph.

9. Insurance. Without in any way limiting Contractor's liability or indemnification

obligations set forth in Paragraph 8 above, District reserves the right to require

contractor to procure and maintain throughout the Term of this Agreement the

following insurance: (i) comprehensive general liability insurance with limits not less

than $1,000,000.00 each occurrence and $1,000,000.00 in the aggregate; (ii)

commercial automobile liability insurance with limits not less than $100,000.00 each

occurrence and $100,000.00 in the aggregate; if applicable; and neither Contractor nor

any of the Contracted Parties shall commence performing any portion of the Services

until all required insurance has been obtained and certificates indicating the required

coverage have been delivered to and approved by District. All insurance policies shall

include an endorsement stating that District and District Parties are named additional

insured. All of the policies shall be amended to provide that the insurance shall not be

suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)

days' prior written notice has been given to District. If any of the required insurance is

not reinstated, District may, at its sole option, terminate this Agreement. All of the

policies shall also include an endorsement stating that it is primary to any insurance or

self-insurance maintained by District and shall waive all rights of subrogation against

District and/or the District Parties.

10. Independent Contractor Status. Contractor, in the performance of this Agreement, shall

be and act as an independent contractor. Contractor understands and agrees that s/he

and the Contracted Parties shall not be considered officers, employees, agents,

partners, or joint ventures of District, and are not entitled to benefits of any kind or

nature normally provided to employees of District and/or to which District's employees

are normally entitled.

11. Taxes. All payments made by District to Contractor pursuant to this Agreement shall be

reported to the applicable federal and state taxing authorities as required. District will

not withhold any money from compensation payable to Contractor, including FICA

(social security), state or federal unemployment insurance contributions, or state or

federal income tax or disability insurance. Contractor shall assume full responsibility for

payment of all federal, state and local taxes or contributions, including unemployment

insurance, social security and income taxes with respect to Contractor and the

Contracted Parties and otherwise in connection with this Agreement.

12. Fingerprinting/Criminal Background Investigation Certification. Contractor and the

Contracted Parties shall at all times comply with the fingerprinting and criminal

background investigation requirements of the California Education Code (“Education

Code”) section 45125.1. Accordingly, by checking the applicable boxes below,

Contractor hereby represents and warrants to District the following:

Contractor and the Contracted Parties shall only have limited or no contact (as

determined by District) with District students at all times during the Term of this

Agreement.

The following Contracted Parties have more than limited contact (as

4

28

determined by District) with District students during the Term of this Agreement:

________________________________________________________________________

_ __________

[Attach and sign additional pages, as needed.]

All of the Contracted Parties noted above, at no cost to District, have completed

background checks and have been fingerprinted under procedures established by the

California Department of Justice and the Federal Bureau of Investigation, and the results

of those background checks and fingerprints reveal that none of these Contracted Parties

have been arrested or convicted of a serious or violent felony, as defined by the

California Penal Code.

Contractor further agrees and acknowledges that if at any time during the Term of this

Agreement Contractor learns or becomes aware of additional information, including

additional personnel, which differs in any way from the representations set forth above,

Contractor shall immediately notify District and prohibit any new personnel from having

any contact with District students until the fingerprinting and background check

requirements have been satisfied and District determines whether any such contact is

permissible.

13. Tuberculosis Certification. Contractor and the Contracted Parties shall at all times

comply with the tuberculosis ("TB") certification requirements of Education Code

section 49406. Accordingly, by checking the applicable boxes below, Contractor hereby

represents and warrants to District the following:

Contracted Parties shall only have limited or no contact (as determined by

District) with District students at all times during the Term of this Agreement.

The following Contracted Parties shall have more than limited contact (as

determined by District) with District students during the Term of this Agreement and, at

no cost to District, have received a TB test in full compliance with the requirements of

Education Code section 49406:

___________________________________________________________________

___________________________________________________________________

Contractor shall maintain on file the certificates showing that the Contracted Parties

were examined and found free from active TB. These forms shall be regularly

maintained and updated by Contractor and shall be available to District upon request or

audit.

Contractor further agrees and acknowledges that all new personnel hired after the

Effective Date of this Agreement are subject to the TB certification requirements and

shall be prohibited from having any contact with District students until the TB

certification requirements have been satisfied and District determines whether any

such contact is permissible.

14. Confidential Information. Contractor shall maintain the confidentiality of and protect

from unauthorized disclosure any and all individual student information received from

the District, including but not limited to student names and other identifying

5

X

X

29

information. Contractor shall not use such student information for any purpose other

than carrying out the obligations under this agreement. Upon termination of this

Agreement, Contractor shall turn over to District all educational records related to the

services provided to any District student pursuant to this Agreement.

15. Assignment. Contractor shall not assign or transfer by operation of law or otherwise

any or all of its rights, burdens, duties or obligations under this Agreement without the

prior written consent of District.

16. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon

Contractor and District and their respective successors and assigns.

17. Severability. If any provision of this Agreement shall be held invalid or unenforceable by

a court of competent jurisdiction, such holding shall not invalidate or render

unenforceable any other provision of this Agreement.

18. Amendments. The terms of this Agreement shall not be waived, altered, modified,

supplemented or amended in any manner whatsoever except by written agreement

signed by both parties.

19. Governing Law. This Agreement shall be governed by and construed in accordance with

the laws of the State of California and venue shall be in the appropriate court in

Alameda County, California.

20. Non-Discrimination. PROVIDER shall not discriminate on the basis of a person’s actual

or perceived race, religious creed, color, national origin, ancestry, age, marital status,

pregnancy, physical or mental disability, medical condition, genetic information, veteran

status, gender, gender identity, gender expression, sex, or sexual orientation in

employment or operation of its programs.

21. Written Notice. Written notice shall be deemed to have been duly served if delivered in

person to Contractor at the address located next to the party signatures below, or if

delivered at or sent by registered or certified mail to the last business address known to

the person who sends the notice.

22. Compliance with Law. Each and every provision of law and clause required by law to be

inserted into this Agreement shall be deemed to be inserted herein and this Agreement

shall be read and enforced as though it were included therein. Contractor shall comply

with all applicable federal, state, and local laws, rules, regulations and ordinances,

including but not limited to fingerprinting under Education Code section 45125.1,

confidentiality of records, Education Code section 49406 and others. Contractor agrees

that it shall comply with all legal requirements for the performance of duties under this

agreement and that failure to do so shall constitute material breach.

23. Attorney Fees. If any legal action is taken to enforce the terms of this Agreement, the

prevailing party shall be entitled to recover reasonable attorneys' fees and other

reasonable costs and expenses incurred in connection with that legal action.

6

30

24. Liability of District. Notwithstanding anything stated herein to the contrary, District

shall not be liable for any special, consequential, indirect or incident damages, including

but not limited to lost profits in connection with this Agreement.

25. Entire Agreement. This Agreement is intended by the parties as the final expression of

their agreement with respect to such terms as are included herein and as the complete

and exclusive statement of its terms and may not be contradicted by evidence of any

prior agreement or of a contemporaneous oral agreement, nor explained or

supplemented by evidence of consistent additional terms.

26. Subject To Approval of Board. This Agreement confers no legal or equitable rights until

it is approved by the District Board of Education at a lawfully conducted public meeting.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

DISTRICT:

ALBANY UNIFIED SCHOOL DISTRICT

CONTRACTOR:

Tax Identification Number:

By: Name: _____ Title:

By____________________________

Name: _____ Title:

Address for District Notices:

Address for Contractor Notices: Albany Unified School District

1051 Monroe Street

Albany, CA 94706

Date of Board Approval:_______________________

7

Allan Garde

Chief Business Official

Dutra Cerro Graden

20-3821956

Dominic Dutra

Chief Executive Officer

Dutra Cerro Graden

7600 Dublin Blvd., Suite 275

Dublin, CA 94568

31

Proposal for Services

Albany Unified School District / Proposal for Consulting & Brokerage Services

1Dutra Cerro Graden

P 925.479.1350DCGrealestate.com

Proposal for

Consulting &

Brokerage Services

PRESENTED TO ALBANY UNIFIED SCHOOL DISTRICT

MARCH 2016

7600 Dublin Blvd., Suite 275Dublin, CA 94568

32

agarde

Typewritten Text

Exhibit A

agarde

Typewritten Text

7600 Dublin Blvd., Suite 275Dublin CA 94568

P 925.479.1350F 925.273.7724

DCGrealestate.comBRE# 01521674

March 22, 2016

Allan GardeChief Business OfficialAlbany Unified School District1051 Monroe St.Albany, CA 94706

Dear Chief Business Official Garde,

Per our recent conversation, we understand that the District will need to begin formulating plans for relocating its District Offices from the portable building currently situated on land owned by the University of California at Berkeley (aka “University Village”). With this in mind, and knowing the time necessary to accomplish such a move, we would suggest that we begin formulating a plan for such a relocation as soon as possible. We envision the full process including the following:

• Updating the Facility Needs Analysis conducted for the Strategic Asset Management Report for the District Office

• Developing a Conceptual Space Plan• Using the updated Facility Needs Analysis and Conceptual Space Plan to conduct a standard real property

search for both “For Sale” and “For Lease” properties using Internet-based commercial real estate search engines

• Developing a Request for Proposal (“RFP”) that can be publicly transmitted via a “Public Solicitation” via the Internet and Media, as well as directed specifically to both (1) commercial brokers and (2) property owners with buildings that are most likely to meet the Facility Needs and Conceptual Space Plan requirements

• Facilitate conversations with prospective commercial agents and property owners to narrow the list of prospective properties

• Conducting property tours with key District staff to evaluate prospective properties• Use staff feedback to prepare a list of properties for review with the Board of Education• Use Board feedback to work with District legal counsel to negotiate either a Lease or Purchase Agreement

for select property(ies)• Finalize Lease or Purchase Agreement, subject to staff and Board approval• Facilitate any required improvements to subject property• Facilitate obtaining any required Certificate of Occupancy and relocation to new office facilities

33

7600 Dublin Blvd., Suite 275Dublin CA 94568

P 925.479.1350F 925.273.7724

DCGrealestate.comBRE# 01521674

We can see all of the above taking anywhere from a minimum of six (6) months to as many as fifteen (15) months, and thus the rationale with beginning our work as soon as possible. The above information, and the proposal to follow, is subject to your input and revision, so please don’t hesitate to contact me with any questions or concerns.

Sincerely,

Dominic D. DutraChief Executive OfficerDutra Cerro Graden

34

Proposal for Services

Albany Unified School District / Proposal for Consulting & Brokerage Services

4

DCG handles a variety of property types including office, industrial, retail, multi-family, residential, land, as well as special purpose properties such as educational facilities. We provide the knowledge, experience, and guidance needed to help clients reach their financial goals while staying true to organizational values and missions.

CONSULTING SERVICES SCOPE OF WORK

PROPERTY SOLICITATION PLAN

1. Updating the Facility Needs Analysis conducted for the Strategic Asset Management Report2. Developing a Conceptual Space Plan3. Using the updated Facility Needs Analysis and Conceptual Space Plan to conduct a standard real property

search for both “For Sale” and “For Lease” properties using Internet-based commercial real estate search engines

4. Developing a Request for Proposal (“RFP”) that can be publicly transmitted via a “Public Solicitation” via the Internet and Media, as well as directed specifically to both (1) commercial brokers and (2) property owners with buildings that are most likely to meet the Facility Needs and Conceptual Space Plan requirements

BROKERAGE SERVICES SCOPE OF WORK

PROPERTY TOURS, CONTRACT NEGOTIATIONS AND PREPARATIONS

1. Facilitate conversations with prospective commercial agents and property owners to narrow the list of prospective properties

2. Conduct property tours with key District staff to evaluate prospective properties3. Prepare a spreadsheet detailing the qualitative and quantitative merits of various property options based on

responses received and present options to the Board of Education to review and provide input on their desired direction on a “Preferred Property Option(s)”.

4. Use Board feedback to work with District legal counsel to negotiate either a Lease or Purchase Agreement for select property(ies)

5. Finalize Lease or Purchase Agreement, subject to staff and Board approval6. Facilitate any required improvements to subject property

7. Facilitate obtaining any required Certificate of Occupancy and relocation to new office facilities

COMPENSATIONThe above noted Consulting Services Scope of Work will be completed within 4 weeks of project initiation. Dutra Cerro Graden proposes a flat fee of Ten Thousand Five Hundred Dollars ($10,500) to offer these services to the District.

For the above noted Brokerage Services Scope of Services, the District shall engage DUTRA CERRO GRADEN DBA DCG COMMERCIAL SERVICES (“Broker”) as the District’s exclusive agent pursuant to a separate Buyer Representation Agreement and other agency and related documentation provided to the District by Broker. The fee for the above noted brokerage services shall be agreed upon in writing at the time a lease or purchase agreement is approved by the District.

35

ITEM: AMENDMENT TO AGREEMENT FOR PROGRAM

MANAGEMENT SERVICES WITH DERIVI CASTELLANOS ARCHITECTS TO ADD THE ALBANY HIGH SCHOOL AMPHITHEATER REMOVAL

PREPARED BY: ALLAN GARDE, CHIEF BUSINESS OFFICIAL TYPE OF ITEM: REVIEW AND ACTION

PURPOSE: To review and approve the amendment to the Program Manager Services Agreement with Derivi Castellanos Architects to incorporate the removal of the Albany High School Amphitheater. BACKGROUND INFORMATION: At the January 19, 2016 Special Board Meeting, the Board approved the pursuit of two pathways to relocate the District Office by the time the current lease ends in June 30, 2017. One pathway is to incorporate temporary housing of the District Office within the Albany High School Additional Classroom Wing. The second pathway is to have Dutra Cerro Graden assist the District with finding property available for lease to temporarily house the District Office. At the February 23, 2016 Regular Board Meeting, the Board approved two resolutions placing two bond measures on the June 7, 2016 Statewide Primary ballot. DETAILS: The work to be performed for the project will be:

• Review as-built information provided by District • Site visit, field-measurement • Initial scope of work documents: Preliminary Site Demo Plan & Details • Review initial scope of work concept with District (GoToMeeting) • Review, documentation and details by Civil & Electrical Engineer (underground utilities) • Scope of Work Notes and Specfications on drawing sheets • Final scope of work documents: 100% Construction Documents • Coordination with DSA and Albany Fire Department • Bid Phase support • Construction Phase support • DSA Certification

KEY QUESTIONS/ANSWERS:

1. Why are we planning to remove the amphitheater at Albany High School? a. The amphitheater is currently underutilized due to the layout not facilitating its

intended use. With the high need for additional classroom space, removing the amphitheater to add a classroom wing would more effectively utilize the area.

FINANCIAL INFORMATION: Total Fee – $35,510 (Maintenance Funds)



36


https://d3jc3ahdjad7x7.cloudfront.net/9z2g01gKIdpfQ20rAwKdkPGZR7WABQzuG3QtpSqPdDpaVGAd.pdf

STRATEGIC GOALS ADDRESSED: This Board Item addresses Objective #3: Communicate and Lead Together.


RECOMMENDATION: Approve Amendment to Agreement for Program Manager Services with Derivi Castellanos Architects to Add the Albany High School Amphitheater Removal

37

AMENDMENT TO AGREEMENT FOR PROGRAM MANAGEMENT SERVICES

BETWEEN ALBANY UNIFIED SCHOOL DISTRICT (“DISTRICT”) AND DERIVI

CASTELLANOS ARCHITECTS (“PROGRAM MANAGER”)

The Program Management Agreement between Albany Unified School District (“District”) and Derivi

Castellanos Architects (“Program Manager”) shall be amended as follows:

I. Exhibit “F” – Other Projects

a. In addition to the other projects noted in the table and in accordance with Article I,

Article II, and Exhibit D of the agreement, the District is authorizing:

i. Albany High School Site Demolition – Bid Documents: $35,510

1. (March-April 2016)

Total Fee Amendment: $35,510

PROGRAM MANAGER: DISTRICT:

Derivi Castellanos Architects Albany Unified School District

By: By:

Its: _________________________ Its: _________________________

Date: _______________________ Date: _______________________

Juan G. BarrosoManaging Partner

March 15, 2016

38

Silicon Valley Central Valley 95 S Market St, Suite 480 924 N Yosemite St San Jose, CA 95113 Stockton, CA 95203 (408) 320-4871 (209) 462-2873

Architecture | Project Management | Consulting

March 15, 2016 Mr. Allan Garde Chief Business Official ALBANY UNIFIED SCHOOL DISTRICT 1051 Monroe Street Albany, CA 94706 Re: PROPOSAL FOR PROFESSIONAL SERVICES Albany High School Site Demolition

Bid Documents Dear Mr. Garde: Thank you for asking Derivi Castellanos Architects (DCA) to provide a Proposal for Professional Services related to your Site Demolition Project at Albany High School. PROJECT BACKGROUND The Albany Unified School District wishes to demolish existing site construction in the central courtyard ampitheater of Albany High School to prepare the site for construction of a new classroom building in this same location. Please see attached Exhibit A. In order to accomplish this, DCA proposes to develop a set of Bid Documents that would be used for purposes of soliciting competitive bids from contractors for the demolition work. The Bid Documents would be developed to 100% Construction Documents level of detail, so they can also be submitted to the Division of State Architect (DSA). The scope of work will include: demolition of the existing ampitheater and related construction, coordination/relocation of existing underground utilities as needed, temporary rough grading of the site, temporary fencing to separate the demolished area from the operating school site, all required dust control, cleanup, safety/OSHA requirements during the course of the work. SCOPE OF SERVICES TO BE PROVIDED BY DCA

Review as-built information provided by District

Site visit, field-measurement

Initial scope of work documents: Preliminary Site Demo Plan & Details

Review initial scope of work concept with District (GoToMeeting)

Review, documentation and details by Civil & Electrical Engineer (underground utilities)

Scope of Work Notes and Specfications on drawing sheets

Final scope of work documents: 100% Construction Documents

Coordination with DSA and Albany Fire Department

Bid Phase support

Construction Phase support

DSA Certification

39

Albany Unified School District Albany High School Site Demolition

Bid Documents March 15, 2016

P. 2

TIMELINE DCA’s services will be complete within four weeks of being authorized to proceed in writing and receiving information required from District (Civil Survey). If our services are extended beyond ten weeks by delays of the District or other factors beyond our control, DCA will be entitled to additional compensation to cover additional staff time and expenses. This proposal is valid for 30 days. COMPENSATION The basis of Client payments to DCA shall be Lump Sum by Percent Complete as set forth below.

1. DCA Staff Cost $22,860.00

2. Civil Engineer $7,500.00

3. Electrical Engineer $3,500.00

4. Travel, printing, misc. expenses $1,650.00

Total Fee $35,510.00

Notes: a. Typical reimbursables (mileage, printing for our use only, site investigation) are

included in the above figures b. Additional Services shall be provided only if authorized in writing by Client c. Fee Estimate Worksheet attached

ASSUMPTIONS & CLARIFICATIONS

1. District will provide as-built drawings, Civil Survey and other pertinent information to DCA. This will include access to the District’s plan archive.

2. DCA’s services on this project will not include any work outside the project area described in Exhibit A.

3. A Spec Book is not included in this Proposal (Specifications will be provided on drawing sheets) 4. Front Ends and General Requirements are not included in this Proposal (to be provided by

District). 5. DCA will not be responsible for project budget or schedule. 6. DCA will not be responsible for the performance of District vendors or contractors.

Terms of payment to the Consultant:

Client will be billed monthly. Invoiced amounts are payable and due within thirty (30) days from receipt of invoice. DCA Hourly Rate Schedule dated January 1, 2016 is attached.

40



P. 3

7. DCA will accept no responsibility for existing site conditions, deficiencies, violations, hazardous materials, contamination, uncertified projects that may exist on the site.

8. DCA will not work with hazardous or contaminated materials. 9. DCA’s deliverables will be produced in two-dimensional industry-standard AutoCAD drawing

format and will be transmitted to District in PDF format. 10. Changes to Bid Documents requested by District after substantial completion of such will incur

additional cost at T&M rates. 11. Any other services not specifically included above will incur additional cost at T&M Rates.

NON-DISCRIMINATION DCA, its employees and consultants do not discriminate against any person on account of race, color, religion, creed, sex, sexual orientation, age, marital status, national origin, ancestry, disability or upon any other unlawful basis. TERMINATION OF AGREEMENT This agreement may be terminated by either party upon not less than twenty one days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. THIS PROPOSAL IS RESPECTFULLY SUBMITTED THIS PROPOSAL IS ACCEPTED AS PRESENTED DERIVI CASTELLANOS ARCHITECTS ALBANY UNIFIED SCHOOL DISTRICT _____________________________________ Juan G. Barroso Signature of Authorized Representative Managing Partner _____________________________________ Printed Name and Title

________________________ Date

41



P. 4

HOURLY RATE SCHEDULE Effective January 1, 2016

Managing Partner $200.00 ARCHITECTURAL SERVICES Principal Architect $170.00 Architect $150.00 Sr. Project Coordinator $120.00 Project Coordinator $110.00 Sustainability/LEED Coordinator $110.00 BIM/VDC Coordinator $110.00 Sr. Designer $100.00 Designer $90.00 Drafter $80.00 Intern $70.00 Clerical Assistant $55.00 Consultants actual cost +10% PROJECT MANAGEMENT/CONSULTING SERVICES: Sr. Project Manager $170.00 Project Manager $150.00 Energy Project Manager $150.00 Cost Estimator $150.00 Sr. Project Coordinator $120.00 Project Coordinator $110.00 Intern $70.00 Clerical Assistant $55.00 Consultants actual cost +10% Reimbursable costs shall be billed at actual cost plus 10% and include reproduction, office consumables, mileage, shipping, telephone, software services, meeting costs, travel time, lodging, other miscellaneous services and expenses required to accomplish the work. Mileage will be reimbursed at the IRS standard mileage rate. These expenses shall not be considered a part of the overall maximum fee. All invoices are due and payable within 30 days of invoice date. All invoices for which payment is not received within 45 days will be assessed a 1.5% per month late charge (18% Annual Percentage Rate). This Fee Schedule is subject to adjustment every year on January 1st.

42

EXHIBIT “A” ABANY HIGH SCHOOL SITE DEMOLITION TO PREPARE FOR NEW CLASSROOM BUILDING NOT TO SCALE 3.15.16

GYMNASIUM

EXISTING

GEN-7S

MAIN CLASSROOM

BUILDING THEATER MPR

AQUATICS

CENTER

PROPOSED AREA OF

SITE DEMOLITION

Key Route Blvd

43

FEE ESTIMATE WORKSHEET

CLIENT: ALBANY UNIFIED SCHOOL DISTRICT

PROJECT: Albany High School Site Demolition

Bid Documents JUAN BARROSO

DELIVERABLES: 0

DCA PROPOSAL NO.: P16.011

TASK 1: PROFESSIONAL SERVICES

Total

Managing Senior Senior Senior

Scope of Work Items Partner Proj Mgr Architect Architect Proj Mgr Proj Coord Designer Drafter Clerical Hours Cost Consult Reimb Cost

Job walk 2.0 2.0 340$ 50$ 390$

Review as-built information 4.0 4.0 8.0 1,160$ 1,160$

Site visit, field measurement 12.0 12.0 1,440$ 150$ 1,590$

Initial scope of work concept 8.0 24.0 32.0 4,240$ 25$ 4,265$

Review initial scope of work concept with District (GoToMeeting) 2.0 2.0 4.0 580$ 580$

Final scope of work concept (100% CD-level drawings) 16.0 32.0 48.0 6,560$ 25$ 6,585$

Civil Engineer - coordinate utilities, grades 4.0 4.0 680$ 7,500$ 150$ 8,330$

Electrical Engineer - coordinate utilities 4.0 4.0 680$ 3,500$ 150$ 4,330$

Scope of work notes 2.0 4.0 6.0 820$ 820$

Specifications (on Dwg Sheets) 2.0 4.0 6.0 820$ 820$

Coordination with DSA 4.0 4.0 680$ 100$ 780$

Coordination with Fire Dept 4.0 4.0 680$ 100$ 780$

Bid phase support 8.0 8.0 1,360$ 100$ 1,460$

Construction phase support 2.0 6.0 8.0 1,060$ 500$ 1,560$

Closeout/DSA Certification 2.0 6.0 8.0 1,060$ 100$ 1,160$

Clerical support 4.0 4.0 220$ 100$ 320$

Project Archive 4.0 4.0 480$ 100$ 580$

- -$ -$

Additional services not included above - T&M Upon Request. - -$ -$

-$ -$

- -$ -$

Subtotals: - - 64.0 - - 98.0 - - 4.0 166.0

Rate ($/hr): 200 170 170 150 150 120 100 80 55

Totals: -$ -$ 10,880$ -$ -$ 11,760$ -$ -$ 220$ 22,860$ 11,000$ 1,650$ 35,510$

PREPARED BY:

DATE: 3/15/16

REVISION:

Estimated Staff Hours Staff

A set of Bid Documents for purposes of soliciting competitive bids from contractors for the demolition work required to

accommodate a new classroom building to be located at the central courtyard.

44

ITEM: ASSIGNMENT OF TWO BOARD OF EDUCATION MEMBERS

TO THE ALBANY HIGH SCHOOL CLASSROOM ADDITION DESIGN TEAM

PREPARED BY: ALLAN GARDE, CHIEF BUSINESS OFFICIAL TYPE OF ITEM: REVIEW AND ACTION

PURPOSE: For the Board of Education to assign two (2) Board Members to the Albany High School Classroom Addition Design Team. BACKGROUND INFORMATION: At the January 19, 2016 Special Board Meeting, the Board approved the pursuit of two pathways to relocate the District Office by the time the current lease ends in June 30, 2017. One pathway is to incorporate temporary housing of the District Office within the Albany High School Additional Classroom Wing. The second pathway is to have Dutra Cerro Graden assist the District with finding property available for lease to temporarily house the District Office. DETAILS: Below are the Board Member Assignments to the current design teams:

KEY QUESTIONS/ANSWERS:

1. Who is assigned to the Marin Design Team? a. The Marin Design Team has not met during the 2015 Calendar year and Board

Member assignments will need to be made prior to the Marin Design Team reconvening.

2. What is the expected time frame of this design team? a. The time frame will need to remain until the project is fully completed to ensure

the team meet and discuss options that arise at any point during this project. Board Members may need to be assigned annually until completion of the project.

FINANCIAL INFORMATION: No cost to assign Board Members STRATEGIC GOALS ADDRESSED: This Board Item addresses

Objective #1: Assess and Increase Academic Success. Goal: We will provide a comprehensive educational experience with expanded opportunities for engagement, assessment, and academic growth so that all students will achieve their fullest potential.

Design Team Board MemberRoss Stapleton-GrayRon RosenbaumPat LowRon Rosenbaum

Ocean View

San Gabriel



45


Objective #2: Support the Whole Child. Goal: We will foster the social and emotional growth of all students, implement an array of strategies to increase student engagement, identify individual socio-emotional and behavioral needs, and apply collaborative appropriate interventions. Objective #3: Communicate and Lead Together.


RECOMMENDATION: Board of Education Member Assign Two Members to the Albany High School Classroom Addition Design Team

46