OFFICE OF THE SUPERINTENDENT REVISED MEETING OF THE … · 2013. 12. 17. · OFFICE OF THE...

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OFFICE OF THE SUPERINTENDENT REVISED MEETING OF THE BOARD OF EDUCATION TUESDAY, DECEMBER 17, 2013 1515 Hughes Way, Long Beach, CA 90810 A G E N D A OPEN SESSION 2:45 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced. 3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/ K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Director, Assistant Director, Program Specialist, Program Administrator, Administrative Assistant 9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. OCR No. 09-11-1220, OCR No. 09-11-1780, OCR No. 09-12-1329, OCR 09-12-1452, NC058295, NC058591, 10279242, 020705, SC.061212.641, SC.012913.660 and 893-13/14 11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.) OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1 regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education. 15. Public Hearing Adoption of Resolution to Dedicate Easements to the City of Long Beach for Water Line Purposes Information

Transcript of OFFICE OF THE SUPERINTENDENT REVISED MEETING OF THE … · 2013. 12. 17. · OFFICE OF THE...

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OFFICE OF THE SUPERINTENDENT

REVISED

MEETING OF THE BOARD OF EDUCATION TUESDAY, DECEMBER 17, 2013

1515 Hughes Way, Long Beach, CA 90810

A G E N D A OPEN SESSION – 2:45 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements

In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced.

3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/

K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Director, Assistant Director, Program Specialist, Program Administrator, Administrative Assistant

9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant

exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation

Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. OCR No. 09-11-1220, OCR No. 09-11-1780, OCR No. 09-12-1329, OCR 09-12-1452, NC058295, NC058591, 10279242, 020705, SC.061212.641, SC.012913.660 and 893-13/14

11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School

Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.)

OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1

regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education.

15. Public Hearing Adoption of Resolution to Dedicate Easements to the

City of Long Beach for Water Line Purposes Information

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AGENDA - Board of Education Meeting December 17, 2013 Page 2 Adoption of Initial Bargaining Proposals for the

California School Employees Association (CSEA), Chapter 2, Units A and B, from the Long beach Unified School District

Information

16. Call for Agenda Items for Separate Action/Adoption of the Agenda as Posted Action 17. Approval of Minutes December 3, 2013 Action 18. Communications Recognition of Retirees Information 19. Public Testimony on Items

Listed on Agenda (5 mins./Person, limit of 30 minutes)

20. Staff Report None Information 21. Public Testimony on Items

Not Listed on Agenda (3 mins/Person, limit of 30 minutes)

22. Business Items Action Items Personnel Action Instruction Action Finance Report Action Business Department Report Action Purchasing & Contract Report Action 23. Other Items Superintendent Items Student Discipline Action Administrative Assignments Action 24. Unfinished Business None Information/Action 25. New Business Adoption of Initial Bargaining Proposals for the

California School Employees Association (CSEA), Chapter 2, Units A and B, from the Long Beach Unified School District

Action

Adoption of K-12 and CDC/Head Start Tentative Agreements, Teachers Association of Long Beach (TALB)

Action

Salary Schedule Adjustments for Management and Non-Represented Employees

Action

Resolution 121713-A, Authorizing the Dedication of Easements to the City of Long Beach for Water Line Purposes

Action

Resolution 121713-B, Implementing Prequalification of Construction Contractors Under Public Contract Code Section 20111.6

Action

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AGENDA - Board of Education Meeting December 17, 2013 Page 3 26. Report of Board Members Information 27. Announcements Information 28. Adjournment & Setting of

Next Meeting The next regular business meeting will be held on TUESDAY, JANUARY 7, 2014.

ACCESS TO PUBLIC DOCUMENTS Public records related to the open session agenda that are distributed to the Governing Board less than 72 hours before a regular meeting, may be inspected by the public at the Board of Education Office at 1515 Hughes Way, Long Beach, CA 90810, during regular business hours (8:00 a.m. to 4:40 p.m.).

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Any individual with a disability who requires reasonable accommodation to participate in a Board meeting may request assistance by contacting the Board of Education Office, 1515 Hughes Way, Long Beach, CA 90810; telephone: (562) 997-8240; fax: (562) 997-8280.

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Board of Education REVISED

LONG BEACH UNIFIED SCHOOL DISTRICT _______________________________________________________________________________________ SUBJECT: Personnel Transactions Enclosures _______________________________________________________________________________________ CATEGORY: Business Items Reason for Board Consideration: Action Human Resource Services Date: December 17, 2013 The following employees are retiring after many years of loyal service to the district. The Superintendent recommends that letters of appreciation be written to them in recognition of their service. 1. Certificated Personnel It is recommended that the certificated personnel transactions indicated on the personnel report be approved as listed.

Name

Position

Location

Years of Service

Zurmuhle, Zoe Teacher On Leave of Absence 11

2. Classified Personnel It is recommended that the classified personnel transactions indicated on the personnel report be approved as listed.

Name

Position

Location

Years of Service

Haas, Cheri Admin Secretary Human Resources 15 Karr, Kathy Fiscal Svcs Analyst Budget Br 15 Sprague, Maxine Nutrition Svcs Wkr Los Cerritos 11

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Ruth Perez Ashley-Annotated by Paula Smith HUMAN RESOURCE SERVICES CERTIFICATED Office of the Assistant Superintendent

REVISED Dr. Felton Williams REVISED Human Resource Services Long Beach Unified School District December 17, 2013 The Assistant Superintendent, Human Resource Services recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO

Wenrick, Diane Regular Contract Teacher R-Special Education Kermode, Lora Special Contract Teacher R-Millikan (w) Oberjuerge, Leigh “ ” N-Washington Hryze, Gina “ ” R-Stevenson Montgomery, Sharon “ ” R-Stevenson Subject to separation if no substitute service for the school year: (h) Adame, Cindy Day to Day Substitute Teacher (b) Anderson, Joilyn “ ” (w) Belcher, Lauren “ ” (h) Bertinelli, Natalie “ ” (w) Bleidistel, Leah “ ” (w) Booth, Mary “ ” (w) Bornstein, Florence “ ” (w) Davis, Kelly “ ” (h) Escobar, Julio “ ” (h) Esparza, Cynthia “ ” (h) Florian, Kimberly “ ” (h) Garcia, Laura “ ” (w) Hayler, Scott “ ” (h) Jara, Christine “ ” (b) Magee-Samuel, Cosetta “ ” (w) Manos, Adelle “ ” (w) Matze, Kyle “ ” (w) Millhouse, Danielle “ ” (b) Nellum, Kim “ ” (a) Nguyen, Ngoc An “ ” (h) Ortega, Stella “ ” (w) Pircher, Kathryn “ ” (w) Rients, Kristina “ ” (h) Rodriguez, David “ ” (w) Sebelius, Amy “ ” (a) Sohl, Sarla “ ” (w) Speece, Ian “ ” (b) Uchegbulam, Dozie “ ” (w) Walker, Cherilyn “ ”

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Human Resource Services December 17, 2013 Board Recommendations Page 2 Certificated Subject to separation if no substitute service for the school year: (w) Welch, Ryan Day to Day Substitute Teacher

INSERVICE CHANGES

Riegler, Trina Probationary Contract Teacher Special Ed Waiver: Speech-Language Pathology Services, Grades K-5, Elem Sch

Acosta, Arleen Additional Service – Additional Hourly gifted program

Echevarria, David “ ” social/emotional training

Gonzales, Ariel “ ” gifted program

Kraslow, Darla “ ” gifted program

Lausch, Yvonne “ ” gifted program

Nabbout, Janice “ ” gifted program

Amendment of Salary Schedule EFFECTIVE DATE

Add Program Specialist II

07/01/13

LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE

Anderson, Alexandra Teacher Lakewood

11/13/13 to 11/26/13 Family Medical Leave

Dannels, Lucinda Teacher Tucker Admin

11/18/13 to 06/13/14 Other:non-compliance clad permit

Walker, April Teacher Dooley

11/27/13 to 12/13/13 Family Medical Leave

RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Zurmuhle, Zoe (11 years of service – will not attend)

Teacher On Leave of Absence

03/09/98 01/01/14

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Human Resource Services December 17, 2013 Board Recommendations Page 3 Certificated AMENDMENTS 09/17/13 BA Amend Leave of Absence End Date for Rhoads, Ashley from 11/22/13 to 11/25/13.

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HUMAN RESOURCE SERVICES Office of the Assistant Superintendent

Dr. Felton Williams Human Resource Services Long Beach Unified School District The Assistant Superintendent, Human Resource Services, recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO Classified - Probationary

Armstrong Ellis, Lakeisha I Aid-Spc N-Alvarado Brady, Kesha I Aid-Spc N-Stanford Buskirk, Melissa IA-Int Bhvl Trt N-Tucker Admin Office Felix, Leonel Custodian N-Emerson Hamilton, Karena I Aid-Spc N-Stanford Harrison Jr., Richard Custodian N-Barton Holdridge, Debra I Aid-Spc N-Lakewood Lewis, Deborah Sr Health Asst N-Nursing Svcs Luther, Lacinda Health Asst N-Nursing Svcs Luviano, Yurietta Staff Secretary Bl N-EACCR Macias, Juan Custodian N-Franklin Newman, Michelle Health Asst N-Nursing Svcs Orozco, Rebecca Human Resources Asst N-HRS Ramirez, Pedro I Aid-Spc N-Tucker Admin Office Roberts, Lise I Aid-Spc N-Bancroft Rodriguez Muro, Maria Custodian N-Lafayette Ruiz, Cindy Int Office Asst-Sch Bl Sp N-Dooley Skalky, Jamie Health Asst N-Nursing Svcs St Julien, Lisa Sr Office Asst P-Head Start Vidal, Roberto Grounds Spv High Sch P-Lakewood

Subject to separation if no substitute service for the school year

Moss, Deangelo Day to Day Substitute Campus Security Officer Buder, Adam Day to Day Substitute Groundskeeper Martinek, David “ ” Frank, Denise Day to Day Substitute I Aid-Spc Garza, Armando “ ” Lopez, Tiffany “ ” Ramos, Ofelia Day to Day Substitute Int Office Asst Henry, Krystle Day to Day Substitute Nutrition Svcs Wkr Hightower, Latrice “ ” Rearos Jr., Porfirio “ ” Sanchez, Leticia “ ”

December 17, 2013

Annotated by L DeAnda CLASSIFIED AND EXEMPT

REVISED

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Human Resource Services December 17, 2013 Board Recommendations Page 2 Classified and Exempt

APPOINTMENTS TO Subject to separation if no substitute service for the school year Exempt

Altizer, Jami Recreation Aide

Ballou, Dorisha “ ”

Donegan, Esta “ ”

Fakhry, Laurna “ ”

Gumpfer, Zechariah “ ”

Guven, Tona “ ”

McGinnis, Deborah “ ”

Potts, Brenda “ ”

Quiroz, Michelle “ ”

Reed, Faizon “ ”

Rincon, Maria “ ”

Savant, Christine “ ”

Biel, Callie Rec Aide Kids’ Club

Caronna, Stephanie Student Tutor

Grooms, Erin “ ”

Lam, Jessica “ ”

Ng, Ellie “ ”

Smith, Sarah “ ”

Tao, Melissa “ ”

Auman, James Workability Student

Banda, Antonio “ ”

Cudiamat, Angelo “ ”

Dela Torre, Daisy “ ”

Gaeta, Giovanni “ ”

Gibson, Isaiah “ ”

Haughey, Brandie “ ”

Mizubayashi, Kory “ ”

Moreno Chavez, Francis “ ”

Wardlow, Taylor “ ”

In Accordance with California Code of Regulations, Title 5, Section 5593:

Brightenburg, William Instructor Athletics (HS)

Davis, Travis “ ”

Gutierrez, Elizabeth “ ”

Lee, Reynell “ ”

Martinez, Hannah “ ”

Montalvo, Carlos “ ”

Petero, Courtney “ ”

Whalen, Timothy “ ”

Youngblood, Armin “ ”

Palafox, Louis Instructor Athletics (MS)

Ransom,Detra “ ”

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Human Resource Services December 17, 2013 Board Recommendations Page 3 Classified and Exempt APPOINTMENTS Exempt College Student Aide As needed, not to exceed 18 hours per week, with no authorization to work during the intersession & winter/spring break, subject to certification.

Aquizola, Mark Garcia, Christian Tapia, Michelle

LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE

Ly, Heang Nutrition Svcs Wkr

Franklin 01/06/14 to 01/24/14 Other

Robinson, Janis Facilities Project Mgr Facilities Br

01/08/14 to 01/20/14 Other

Rodriguez, Robert I Aid-Spc Polytechnic

12/02/13 to 12/06/13 Military Service

RESIGNATIONS (BOARD POLICY 4117.2) DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RESIGNATION Permanent

Cates, Carly

I Aid-Spc Fremont

05/21/12 12/20/13

Chandler, Lindsay

IA-Int Bhvl Trt Tucker Admin

09/03/08 12/04/13

Cortez, Maria

IA-Int Bhvl Trt Spec Ed

03/08/06 12/02/13

Gomez, Angelica

I Aid-Spc Stevenson

02/09/11 07/24/13

Medrano, Carol

I Aid-Spc Buffum Pre-K

10/21/08 12/02/13

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Human Resource Services December 17, 2013 Board Recommendations Page 4 Classified and Exempt RESIGNATIONS (BOARD POLICY 4117.2) DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RESIGNATION Permanent

Ortega Calderon, Stella

I Aid-Spc Millikan

09/08/08 11/27/13

RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Haas, Cheri

Admin Secretary HRS

12/21/98 12/27/13

Karr, Kathy

Fiscal Svcs Anaylst Budget Br

06/15/98 02/28/14

Sharrar, James

Instr Aide Hill

10/08/01 10/31/13

Sprague, Maxine

Nutrition Svc Wkr Los Cerritos

01/31/02 11/29/13

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1

BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT

_________________________________________________________________________ SUBJECT: Instruction Enclosures _________________________________________________________________________

CATEGORY: Business Item/s Reason for Board

Consideration: Action/Information Date: December 17, 2013 _________________________________________________________________________ 1. APPROVE PARTICIPATION IN THE WISCONSIN CENTER FOR EDUCATION

RESEARCH’S PROPOSAL FOR VIRTUAL INTERNSHIPS Approve participation in the Wisconsin Center for Education Research (WCER) grant proposal to the James Irvine Foundation to advance Linked Learning’s Virtual Work Based Learning. The proposal partners LBUSD with WCER in a joint project to use workplace simulations to reach more students in Linked Learning Pathways. The focal point of the WCER’s proposal is virtual internships, which are online, research-based workplace simulations that provide students with an opportunity to participate in professional activities supported by mentors. WCER is the applicant and the fiscal agent for this grant. Prepared by Approved and Recommended by James Suarez, Assistant Director Christopher J. Steinhauser Equity, Access and Superintendent of Schools College & Career Readiness

Christine Dominguez, Deputy Superintendent Curriculum, Instruction, Professional Development Peter Davis, Assistant Superintendent Secondary Schools

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CONSENT ITEM

SUBJECT: Finance Report Enclosures

CATEGORY: Business Items Reason for Board

Consideration: Action

Business Department

Date: December 17, 2013

1.

General Fund

Adult Education Fund

Child Development Fund

Cafeteria Special Revenue Fund

TOTAL SALARY WARRANTS ISSUED………………………………… 2,846,489.73$

2.

General Fund

Adult Education Fund

Child Development Fund

Cafeteria Special Revenue Fund

Salary Advance

TOTAL SALARY WARRANTS ISSUED………………………………… 4,545,630.20$

3. Ratify Salary Refund Warrants Issued on November 15, 2013 as follows:

TOTAL PAYROLL CLEARANCE FUND WARRANTS ISSUED………………. 1,949.94$

4. Ratify Salary Refund Warrants Issued on November 22, 2013 as follows:

TOTAL PAYROLL CLEARANCE FUND WARRANTS ISSUED………………. 2,091.15$

BOARD OF EDUCATION

LONG BEACH UNIFIED SCHOOL DISTRICT

Ratify Salary Warrants issued on November 15, 2013 and transfer of funds to Payroll

Clearance Fund to cover deductions as follows:

105,927.91

2,524,841.83$ 43,783.44

171,936.55

3,740,876.00

Ratify Salary Warrants issued on November 22, 2013 and transfer of funds to Payroll

Clearance Fund to cover deductions as follows:

781,319.88$ 24.45

10,017.30

13,392.57

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Financial Report

Page 2

December 17, 2013

5.

20944228-20944278 20958702-20958760

20946713-20946771 00156271-00156273

00155990-00155991 20961591-20961686

20949345-20949606 00156507-00156507

00156052-00156059 20964437-20964514

20952537-20952595 20967459-20967521

20956309-20956364 00156671-00156671

00156207-00156207 20971060-20971129

Funds

General Fund

Adult Education Fund

Child Development Fund

Cafeteria Special Revenue Fund

Deferred Maintenance Fund

Building Fund

Self-Insurance FundWarrant/Pass-Through Fund

TOTAL WARRANTS ISSUED……………...…………………………… 12,654,694.96$

Recommendation

Approve/Ratify the above listed items.

Approved: Approved and Recommended:

James Novak Christopher J. Steinhauser

Chief Business and Financial Officer Superintendent of Schools

11/15/13 11/22/13

11/13/13

11/15/13

11/09/13 - 11/25/13

11/08/13 11/18/13

F 44704 - F 44847

11/13/13

1,567,199.86

11/18/13

11/19/13

11/20/13

11/21/13

11/21/13

37,010.12

2,464,218.09 2,495,253.45

11/19/13

2,093,222.01

3,898,962.04$

11/12/13

11/12/13

97,383.18

1,446.21

11/14/13

Ratify the execution and issuance of the warrants included in the following listing.

Individual warrant listings are included in the agenda and available under separate

cover.

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CONSENT ITEM

BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT

SUBJECT: Business Department Report Enclosures CATEGORY: Business Items Reason for Board Consideration: Action Chief Business and Financial Officer Date December 17, 2013 _______________________________________________________________________________________

Accept Gifts 1. Accept the gift of $1,100 from Kashaco, Inc. - McDonald's No. 20426 to the District. This gift will be used for the benefits of the students and staff at Prisk Elementary School.

2. Accept the gift of $184 from One on One Basketball, Inc. to the District. This gift will be used for the benefits of the students and staff at Prisk Elementary School.

3. Accept the gift of $676.90 from Big Lots to the District. This gift will be used for the benefits of the students and staff at Birney Elementary School.

4. Accept the gift of $321.80 from Lincoln Elementary School PTO to the District. This gift will be used for the benefits of the students and staff at Lincoln Elementary School.

5. Accept the gift of $3,555 from Kettering Elementary School PTA to the District. This gift will be used for the benefits of the students and staff at Kettering Elementary School.

6. Accept the gift of $2,350 from Chavez Elementary School PTA to the District. This gift will be used for the benefits of the students and staff at Chavez Elementary School.

7. Accept the gift of $5,500 from MacArthur Elementary School PTA to the District. This gift will be used for field trips at MacArthur Elementary School.

8. Accept the gift of $138.28 from Houghton Mifflin Harcourt to the District. This gift will be used for the benefit of the students and staff at Kettering Elementary School.

9. Accept the gift of $150 from Morgan Stanley Cybergrants to the District. This gift will be used for the benefits of the students and staff at Poly High School.

10. Accept the gift of $1,500 from Lee Elementary School PTO to the District. This gift will be used for the benefits of the students and staff at Lee Elementary School.

11. Accept the gift of $734.14 from McDonald's #11670 to the District. This gift will be used for the benefits of the students and staff at Stephens Middle School.

12. Accept the gift of $202 from Cubberley School Foundation, Inc. to the District. This gift will be used to help fund a recreation aide at Cubberley K-8 School.

13. Accept the gift of $1,800 from AES Southland, LLC to the District. This gift will be used for the Adopt-a-Family program in Head Start.

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Business Department Report December 17, 2013 Page 2

14. Accept the gift of $1,174.80 from Wilson Instrumental Music Boosters to the District. This gift will be used for the benefit of the students and staff at Wilson High School.

15. Accept the gift of $1,600 from Bondaze Enterprises, Inc. to the District. This gift will be used to purchase a new computer at Wilson High School.

16. Accept the gift of $350 from Henry Elementary School PTA to the District. This gift will be used to help cover the cost of a mural painting at Henry Elementary School.

17. Accept the gift of $981 from Lilelu, Inc. to the District. This gift will be used for the benefit of the students and staff at Carver Elementary School.

18. Accept the gift of $175 from Brazil's Ice Cream Shop, LLC to the District. This gift will be used for the benefit of the students and staff at Carver Elementary School.

19. Accept the gift of $2,000 from Ethel J. Scantland Foundation, Inc. to the District. This gift will be used for the benefit of the students and staff at Prisk Elementary School.

20. Accept the gift of $140 from various donors to the District. This gift will be used for the Science Department at Wilson High School.

21. Accept the gift of $1,500 from The College Board to the District. This gift will be used for the AP program at Lakewood High School.

22. Accept the gift of $20,000 from Longfellow Elementary School PTA to the District. This gift will be used for the Music program at Longfellow Elementary School.

23. Accept the gift of $134.60 from Jamba Juice to the District. This gift will be used for the benefit of the students and staff at Riley Elementary School.

24. Accept the gift of $217.68 from Long Beach Education Foundation to the District. This gift will be used to support the District's high schools.

25. Accept the gift of $419.77 from Long Beach Education Foundation to the District. This gift will be used to support the District's middle schools.

26. Accept the gift of $229 from Target Take Charge of Education to the District. This gift will be used for the benefit of the students and staff at Lincoln Elementary School.

27. Accept the gift of $107.70 from Wells Fargo Foundation to the District. This gift will be used for the benefit of the students and staff at Madison Elementary School.

28. Accept the gift of a violin from John Ochoa to the District. This gift will be used for the benefit of the students and staff at Tincher Preparatory School. Estimated value as provided by the donor is $350.

29. Accept the gift of a violin from Lauren Zack to the District. This gift will be used for the Middle School Music program. Estimated value as provided by the donor is $200.

30. Accept the gift of an Epson WorkForce Printer/Copier/Scanner from Fremont Kids’ Club to the District. This gift will be used for staff of the Fremont Kids’ Club. Estimated value as provided by the donor is $110.

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Business Department Report December 17, 2013 Page 3

31. Accept the gift of one (1) flute (with case) and two (2) clarinets with cases from Mr. Lee Hansen to the District. This gift will be used for the Music program at Longfellow Elementary School. Estimated value as provided by the donor is $750.

Gifts Total 32. T Total amount of monetary gifts on this report: $47,241.67.

Authorize Refund

33. Authorize refund of $410.00 on Facilities Permit No. 9799 to Snoop Youth Football League Foundation.

Reject Claims 34. In accordance with the procedure as established by legal counsel, reject the claim presented on behalf of claimant under claim number 943-13/14, in connection with the incident which occurred on September 20, 2013. Authorize transmittal to the District’s liability claims administrator.

35. In accordance with the procedure as established by legal counsel, reject the claim presented on behalf of claimant under claim number 944-13/14, in connection with the incident which occurred on November 14, 2013. Authorize transmittal to the District’s liability claims administrator.

36. In accordance with the procedure as established by legal counsel, reject the claim presented on behalf of claimant under claim number 946-13/14, in connection with the incident which occurred on September 20, 2013. Authorize transmittal to the District’s liability claims administrator.

37. In accordance with the procedure as established by legal counsel, reject the claim presented on behalf of claimant under claim number 949-13/14, in connection with the incident which occurred on November 15, 2013. Authorize transmittal to the District’s liability claims administrator.

Authorize Disposal

38. Authorize the Purchasing and Contracts Director and/or his designee to dispose of approximately 799 obsolete, broken or unusable surplus items. List is on file in the Business Office.

Recommendation: Approve the items listed above. Prepared by: Approved and recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools

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CONSENT ITEM

BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT

___________ ______________________________________________________________________ _ SUBJECT: Purchasing and Contract Report Enclosures _ _ CATEGORY: Business Items Reason for Board Consideration ___ __Action______ Business Department Date December 17, 2013 _____ _ Contract Report The following contracts are submitted for approval and available upon request: New Agreement(s)

1. Agreement: KATERI AVILA (5235.01) Purpose: To provide woodwind coaching services for students at Renaissance High School

for the Arts. Term: November 1, 2013 through November 23, 2013 Cost: To be a maximum of $300 Originator: Renaissance Funding Source: Gifts-Music-OCIPD

2. Agreement: BANFIELD - SEAL BEACH (5261.01) Purpose: For use of facilities and services for the purpose of providing work-based instruction

for students enrolled in the Animal Care instructional program. Term: December 1, 2013 through November 30, 2015 Cost: No cost to the District Originator: Secondary Schools

3. Agreement: CAPITAL PROGRAM MANAGEMENT, INC. (3804.03) Purpose: To provide facilities planning and management consulting services for the

Measure K Bond and School Building programs. Term: January 1, 2014 through December 31, 2016 Cost: To be a maximum of $7,929,696, including reimbursable expenses Originator: Facilities Funding Source: Building Fund: Bond Implementation Plan - Measure K

4. Agreement: COLBI TECHNOLOGIES, INC. (3765.02) Purpose: To provide annual software support for the Account-Ability school construction

project accounting program used by the Facilities Development and Planning Branch.

Term: August 10, 2013 through August 9, 2016 Cost: To be a maximum of $54,750 Originator: Facilities Funding Source: Building Fund: Bond Implementation Plan - Measure K

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Purchasing and Contract Report December 17, 2013 Page 2

5. Agreement: CUSTOMIZED VISION CARE (5258.01)

Purpose: To provide vision training assessments and vision training sessions for students with exceptional needs.

Term: October 2, 2013 through June 30, 2014 Cost: To be a maximum of $15,000 Originator: Spec. Ed. Funding Source: Spec. Ed.

6. Agreement: CYBERTEK, INC. (5252.01) Purpose: To provide staff to the District as-needed for support to the infrastructure related to Cisco, Novell, and Windows servers. Term: November 15, 2013 through April 30, 2014 Cost: To be a maximum of $75,000 Originator: TISB Funding Source: Student Systems Support

7. Agreement: FILARSKY & WATT, LLP (5253.01) Purpose: To provide legal services for the District. Term: October 15, 2013 through June 30, 2014 Cost: Hourly rate to be $150 - $230 Originator: Spec. Ed. Funding Source: Spec. Ed.

8. Agreement: LOS ANGELES COUNTY OFFICE OF EDUCATION (3196.07) Purpose: To provide extracurricular trip transportation for students attending California

Academy of Mathematics and Science (CAMS). Term: July 1, 2013 through June 30, 2014 Cost: To be a maximum of $60,000 Originator: CAMS Funding Source: High School Regular

9. Agreement: MCCARTHY BUILDING COMPANIES, INC. Purpose: Agreements for a lease-leaseback design build approach for the Jordan High

School Interim Housing (Phase 1A) Major Renovation Project. Agreements include a Site Lease, Sublease and Construction Services Agreement.

Term: December 18, 2013 through construction completion Cost: 10004.01 Site Lease $100.00 per month 10004.01A Sublease No cost 10004.01B Construction Services $7,019,391.00 Originator: Facilities Funding Source: Building Fund: Modernization (SFP) - Measure K

10. Agreement: NIC PARTNERS, INC. (5262.01) Purpose: To provide services to develop a solution that will allow automated software

management for Common Core computer labs. Term: November 25, 2013 through April 30, 2014 Cost: To be a maximum of $91,000 Originator: TISB Funding Source: Common Core State Standards Implementation*

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Purchasing and Contract Report December 17, 2013 Page 3

11. Agreement: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS (5254.01)

Purpose: To provide material testing and inspection services for the Solar Power Project at Cabrillo High School.

Term: November 1, 2013 through August 1, 2014 Cost: To be a maximum of $17,552 Originator: Maintenance Funding Source: Ongoing & Major Maintenance

12. Agreement: PARENT INSTITUTE FOR QUALITY EDUCATION (2911.08) Purpose: To provide training courses for parents of students at Cabrillo High School

encouraging involvement in their student’s education. Term: September 5, 2012 through December 13, 2013 Cost: To be a maximum of $10,440, including materials Originator: Cabrillo Funding Source: NCLB: Title IV, Part B, 21st Century Community Learning*; Economic Impact Aid:

State Comp. Ed.*

13. Agreement: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (4173.04) Purpose: To provide basic educational services for a student with exceptional needs. Term: July 1, 2013 through June 30, 2014 Originator: Spec. Ed. Funding Source: Spec. Ed.

14. Agreement: SOCIAL JUSTICE LEARNING INSTITUTE (5251.01) Purpose: To provide the Black Male Youth Academy (BMYA)/Urban Scholars Program (USP)

for students participating in the Male Leadership Academy, and professional development for teachers who will be working with the students.

Term: October 1, 2013 through June 30, 2014 Cost: No cost to the District Originator: Secondary Schools

15. Agreement: TYR, INC. (5255.01) Purpose: To provide professional inspection services for the Solar Power Project at Cabrillo

High School. Term: November 1, 2013 through August 1, 2014 Cost: To be a maximum of $9,052 Originator: Maintenance Funding Source: Ongoing & Major Maintenance

Amend Agreement(s) 16. Agreement: MERCER HEALTH & BENEFITS, LLC (2722.03)

Purpose: To provide broker and consulting services for the Risk Management Branch relating to the District’s employee health benefit plans. Amend the agreement by adding additional funds for communication materials in FY14 and FY15.

Cost: Increase contract amount by $22,000 from $750,000, to be a maximum of $772,000 for the full three-year term. All other terms and conditions to remain the same.

Originator: Risk Management Funding Source: Health, Vision and Dental Self-Insurance Fund: Health/Dental/Vision Administration

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Purchasing and Contract Report December 17, 2013 Page 4

Income/Reimbursement Agreement(s) 17. Agreement: CALIFORNIA DEPARTMENT OF EDUCATION (CCTR-3099)

Purpose: Local Agreement for Child Development Services, California State Preschool Program.

Term: July 1, 2013 through June 30, 2014 Income: $3,270,982 Originator: CDC

18. Agreement: CALIFORNIA STATE UNIVERSITY, LONG BEACH FOUNDATION Purpose: Approve Subaward Agreement for participation in Project EQALS: Evidence-based,

Quality Professional Development in Algebra for Learners’ Success. Term: October 1, 2013 through January 31, 2014 Income: $36,480 Originator: OCIPD

Amend Board Action(s) 19. Agreement: UNITED CAMPS, CONFERENCES AND RETREATS (4928.02)

Purpose: Amend Board Action of November 5, 2013 for use of Pilgrim Pines Camp and Conference Center to conduct the WRAP Leadership Retreat for students participating in the after school program at Jordan High School, by correcting the maximum amount of the contract from $6,500.00 to be $6,631.90. All other terms and conditions to remain the same.

Originator: Jordan Funding Source: NCLB: Title IV, Part B, 21st Century Community Learning Centers Program*

*Indicates categorical funding Bid Award(s) The following bids are submitted for approval and available upon request: Authorize Bid Award(s) Commodity Bid 20. Award Bid No. 18-1314/81 for the Purchase of Plumbing Supplies as follows:

DON MILLER & SONS PLUMBING, INC. $ 246,228.42 FERGUSON $ 91,324.70 GOLDENWEST PIPE & SUPPLY CO. $ 26,588.38 [Funding-Maintenance]

Construction Bid 21. Award Bid No. 17-1314/95 for the Construction of the New Restroom at Longfellow Elementary School

and approve contract with PUB CONSTRUCTION, INC., for the amount of $ 349,000.00. [Funding-Building Fund: Developer’s Fees]

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Purchasing and Contract Report December 17, 2013 Page 5

Authorize Bid Extension(s) 22. Extend Bid No. FS337-1213/64 for the Purchase of Processed Fruits and Vegetables for the period of

January 1, 2014 through December 31, 2014 as follows:

FIELD FRESH $ 83,229.30

23. Extend Bid No. FS332-1213/61 for the Purchase of Staple Foods and Canned Fruits and Vegetables for the period of March 1, 2014 through February 28, 2015 as follows:

L.A. FOODS $ 78,125.00 Construction Change Order(s) The following change orders are submitted for approval and available upon request: Authorize Change Order(s) 24. Approve Change Order #1 for Agreement 5324.01 with HAITBRINK ASPHALT PAVING, INC., for the

Pavement Improvements at Kettering Elementary School, by increasing the original contract amount by $13,600.00 from $286,322.70, for a new total contract amount of $299,922.70. Extend contract term by 3 days. [Funding-Building Fund: Maintenance - Paving - Measure K]

25. Approve Change Order #2 for Agreement 5324.01 with HAITBRINK ASPHALT PAVING, INC., for the Pavement Improvements at Kettering Elementary School, by increasing the original contract amount by $6,068.00 from $299,922.70, for a new total contract amount of $305,990.70. Previous change orders for this contract total $13,600.00. Extend contract term by 3 days. [Funding-Building Fund: Maintenance - Paving - Measure K]

26. Approve Change Order #3 for Agreement 5324.01 with HAITBRINK ASPHALT PAVING, INC., for the Pavement Improvements at Kettering Elementary School, by increasing the original contract amount by $2,127.35 from $305,990.70, for a new total contract amount of $308,118.05. Previous change orders for this contract total $19,668.00. Extend contract term by 7 days. [Funding-Building Fund: Maintenance - Paving - Measure K]

27. Approve Change Order #1 for Agreement 5326.01 with Y & M CONSTRUCTION, INC., for the Concrete Pavement and Ornamental Steel Fencing Improvements at Wilson High School,, by increasing the original contract amount by $19,492.50 from $341,190.00, for a new total contract amount of $360,682.50. Extend contract term by 16 days. [Funding-Building Fund: Maintenance - Paving - Measure A]

Membership Approval(s) Authorize District Membership(s) 28. Approve District membership(s) in the following organization(s):

CALIFORNIA EMERGENCY SERVICES ASSOCIATION [Originator-School Safety/$175] PUBLIC AGENCY RISK MANAGERS ASSOCIATION (PARMA) [Originator-Risk Management/$100]

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Purchasing and Contract Report December 17, 2013 Page 6

Purchase Orders Approve District Purchase Orders 29. Approve purchase orders written during the period November 1, 2013 through November 30, 2013.

A detailed list of purchase orders is available upon request.

Regular P132613 - P133150 $ 1,692,605.98 Stock S822407 - S822407 $ 155,173.47 Contract C662320 - C662347 $ 48,842,650.45

30. Approve Nutrition Services purchase orders written during the period November 1, 2013 through

November 30, 2013. A detailed list of purchase orders is available upon request.

Regular 24860 - 24942 $ 500,215.56

Recommendation Approve and/or ratify the contracts, and take action on the bids as listed above. Prepared by: Barrick L. Bartlett Cecelia Slater Purchasing and Contracts Director Nutrition Services Director Approved: Approved and recommended: James Novak Christopher J. Steinhauser Chief Business and Financial Officer Superintendent of Schools BB/sw

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Board of Education

Long Beach Unified School District

SUBJECT: Adoption of Initial Bargaining Proposals for the California School Employees Association (CSEA), Chapter 2, Units A and B, from the Long Beach Unified School District Enclosures: None __________________________________________________________________________________ CATEGORY: New Business Reason for Board Consideration: Action Date: December 17, 2013 BACKGROUND; On December 3, 2013, the District’s Initial Bargaining Proposals for collective bargaining were presented by the Long Beach Unified School District for successor Collective Bargaining Agreements to the California School Employees Association, Chapter 2, for both Units A and B. In compliance with Government Code, Section 3547, the public hearings on these proposals are scheduled for the regular meeting of the Board of Education on December 17, 2013. The initial announcement of the public hearings was provided during the regular scheduled Board of Education meeting which was held on December 3, 2013. Copies of these proposals have been available for public study in the main office of all elementary, middle, and high schools, the lobby of the administration building, and the office of the Assistant Secretary to the Board of Education. RECOMMENDATION; The Superintendent of Schools recommends approval of the District's Initial Bargaining Proposals for collective bargaining which were presented by the Long Beach Unified School District on December 3, 2013 for successor Collective Bargaining Agreements to the California School Employees Association, Chapter 2, for both Units A and B. Prepared by: Approved and recommended: Brian Moskovitz Christopher Steinhauser Director, Employee Relations Superintendent of Schools

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Board of Education Long Beach Unified School District

Subject: Adoption of K-12 and CDC/Head Start Tentative Agreements, Teachers Association of Long Beach (“TALB”) Enclosures: None __________________________________________________________________________________ CATEGORY: New Business Reason for Board Consideration: Action Date: December 17, 2013 BACKGROUND The Long Beach Unified School District (“District”) and the Teachers Association of Long Beach (“TALB”) recently concluded negotiations for successor Collective Bargaining Agreements covering both the K-12 Unit and the CDC/Head Start Unit. TALB informed the District on December 6, 2013 that their membership had ratified the Tentative Agreements providing for the modification and extension of the K-12 and CDC/Head Start contracts through June 30, 2015. Ratification resulted in revisions to the K-12 and CDC/Head Start bargaining unit contracts, including a 3% increase in all salary schedules, including Schedules S and N, for bargaining unit members, retroactive to July 1, 2013. In addition, the teacher evaluation language and evaluation forms have been updated to include four options for ratings. Other modifications included developing a process for teachers to elect teacher leaders at school sites for Department Heads and specific committees. Language was also negotiated related to the development of committees to review site Shared Decision Making best practices and the implementation of Common Core State Standards. In compliance with collective bargaining agreement public disclosure requirements of Government Code, Section 3547.5, the “Public Disclosure of Collective Bargaining Agreement” forms for TALB K-12 Unit and CDC/Head Start Unit have been displayed for public review since December 3, 2013. These forms have also been reviewed by the Los Angeles County Office of Education according to compliance with AB1200 (Chapter 1213/1991), Government Code 3547.5 and CCR, Title V, Section 15449. RECOMMENDATION The Superintendent recommends approval. Prepared by: Approved and Recommended: Brian Moskovitz Christopher Steinhauser Director, Employee Relations Superintendent of Schools

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Board of Education Long Beach Unified School District

Subject: Salary Schedule Adjustments for Management and Non-Represented Employees Enclosures: None __________________________________________________________________________________ CATEGORY: New Business Reason for Board Consideration: Action Date: December 17, 2013

BACKGROUND It is recommended that the Board of Education enhance current salary schedules and differentials by 3% for non-bargaining employees, Management and Non-Represented, effective July 1, 2013. Non-bargaining employees affected include: Confidential Employees (classified) Supervisory Employees (classified) Classified and Certificated Managers Pupil Personnel Employees (certificated) Exempt Employees Substitutes A public disclosure document has been available for public inspection since December 3, 2013. This document has also been reviewed by the Los Angeles County Office of Education. Recommendation The Superintendent recommends approval.

Prepared by: Approved and recommended: Brian Moskovitz Christopher Steinhauser Director, Employee Relations Superintendent of Schools

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BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT

____________________________________________________________________________

SUBJECT: RESOLUTION NO. 121713-A Enclosures: ___Yes_____ ____________________________________________________________________________ CATEGORY: New Business Item Reason for Board Consideration: ____Action__ Facilities Development & Planning Department Date: December 17, 2013 ____________________________________________________________________________ BACKGROUND The water lines feeding Ernest S. McBride Sr. High School (“McBride High School”) were relocated during the construction of the new school. The City of Long Beach (“City”) requires that the new location be dedicated as easements to the City, as described in Exhibit A and B of Resolution No. 121713-A, for maintenance and repair of these lines. Although the new easements are not located in areas that are used for classroom buildings, the granting of the easements will limit the District’s liability during the use of these areas (parking, field, etc.). Education Code Section 17557 provides that the District may dedicate easements if the Governing Board of Education (“School Board”) first adopts a resolution declaring its intent to dedicate the easements in a regular open meeting by a two-thirds vote. Resolution No. 120313-B was brought before the School Board on December 3, 2013, and was adopted, thereby meeting this requirement. Education Code Section 17557 also requires that the School Board hold a public hearing on the matter, and adopt a resolution authorizing the dedication of such easements. Resolution No. 121713-A, if adopted by the School Board, will authorize the District to dedicate the aforementioned easements to the City. RECOMMENDATION Adopt Resolution No.121713-A A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT AUTHORIZING THE DEDICATION OF EASEMENTS TO THE CITY OF LONG BEACH FOR WATER LINE PURPOSES Prepared By: Approved and Recommended: Tova K. Corman James Novak Executive Director Chief Business Financial Officer Facilities Planning & Development

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RESOLUTION NO. 121713-A

A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH

UNIFIED SCHOOL DISTRICT AUTHORIZING THE DEDICATION OF EASEMENTS TO THE CITY OF LONG BEACH FOR WATER LINE PURPOSES

WHEREAS, the Long Beach Unified School District (“School District”) currently owns

certain real property, and operates the Ernest S. McBride Sr. High School (formerly Demille Middle School), located at 7025 E Parkcrest St, Long Beach, CA 90808 (“Site”);

WHEREAS, the City of Long Beach (“City”) has requested that the School District

dedicate easements to the City upon portions of the Site for water line purposes (“Easements”). “Legal Descriptions” and “Location Maps of Easements” are attached hereto as Exhibit A and Exhibit B, respectively, and are incorporated herein by this reference;

WHEREAS, pursuant to Education Code section 17556 et seq., the governing board of a

school district may convey to any public corporation, or private corporation engaged in the public utility business, any real property belonging to such School District upon such terms and conditions as the parties thereto may agree;

WHEREAS, the School District desires to provide easements to the City for the

installation, operation, maintenance and repair of, and access to, water lines and meters;

WHEREAS, pursuant to Education Code section 17557, on December 3, 2013, the School District’s governing board, in a regular open meeting, by a two-thirds vote of its members adopted Resolution No. 120313 B declaring its intention to dedicate the Easements;

WHEREAS, in accordance with Education Code section 17557, the School District’s governing board fixed December 17, 2013, for a Public Hearing upon the question of making the dedication of the Easements to the City;

WHEREAS, pursuant to Education Code section 17558, the School District posted copies of Resolution No. 120313 B in three public places within the School District boundary not less than ten (10) days before the Public Hearing, and published notice once in a local newspaper, not less than five days before the Public Hearing;

WHEREAS, pursuant to Education Code section 17558, on December 17, 2013, at a regular meeting of the School District’s governing board, the School District held a Public Hearing upon the question about making the dedication of the Easements to the City; and

WHEREAS, no petition pursuant to Education Code section 17560 has been filed with the School District’s governing board.

NOW, THEREFORE, THE BOARD DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the above recitals are all true and correct.

Section 2. That the School District’s governing board authorizes and directs the President of the Governing Board to execute the Easements and take whatever action is necessary to complete the dedication of the Easements to the City..

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Section 3. That the School District’s governing board hereby determines that the School District is in compliance with all relevant sections of the Education Code and all other applicable laws. IN WITNESS THEREOF, we have hereunto set our hands on this 17th day of December, 2013.

_____________________________________ President of the Governing Board for

the Long Beach Unified School District

I, Christopher J. Steinhauser, Clerk of the Governing Board of Long Beach Unified School District, do hereby certify that the foregoing Resolution was adopted by the Governing Board of said District at a meeting of said Board held on the 17th day of December 2013, and that it was so adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_________________________________ Clerk of the Governing Board of

Long Beach Unified School District

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EXHIBIT A

LEGAL DESCRIPTION OF EASEMENTS

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EXHIBIT B

LOCATION MAP OF EASEMENTS

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BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT

____________________________________________________________________________

SUBJECT: RESOLUTION NO. 121713-B Enclosures: ___Yes____ ____________________________________________________________________________ CATEGORY: New Business Item Reason for Board Consideration: ____Action__ Facilities Development & Planning Department Date: December 17, 2013 ____________________________________________________________________________ BACKGROUND Recent changes in the Public Contract Code, Section 20111.6, requires a Governing Board of a School District with an average daily attendance of two thousand five hundred (2,500) students or more prequalify bidders for their public works projects using funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.), or any funds from future state school bonds. These projects would be for any public project with a projected expenditure of one million dollars ($1,000,000) or more in construction contracts awarded on, or after, January 1, 2014, and until January 1, 2019. Therefore, adoption of Resolution No. 121713 – B by the School Board will allow staff to implement a prequalification process for construction contractors that will bid on future public works projects for the District. RECOMMENDATION Adopt Resolution No. 121713-B Prepared By: Approved and Recommended: Tova K. Corman James Novak Executive Director Chief Business Financial Officer Facilities Planning & Development

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RESOLUTION NO. 121713-B

A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT IMPLEMENTING PREQUALIFICATION OF CONSTRUCTION

CONTRACTORS UNDER PUBLIC CONTRACT CODE SECTION 20111.6 LONG BEACH UNIFIED SCHOOL DISTRICT

WHEREAS, for construction contracts awarded on or after January 1, 2014, and until January 1, 2019, Public Contract Code Section 20111.6 requires the governing board of a school district with an average daily attendance over two thousand five hundred (2,500) to prequalify bidders for public works projects using any funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond for a public project with a projected expenditure of one million dollars ($1,000,000) or more; and

WHEREAS, for purposes of Public Contract Code Section 20111.6 and public projects that

fall within its purview, bidders shall include the general contractor and, if utilized, all electrical, mechanical, and plumbing subcontractors; and

WHEREAS, the standardized questionnaire and financial statement in a form specified by

the school district (“Questionnaire”) is required to include a complete statement of the prospective bidder’s financial ability and experience in performing public works; and WHEREAS, the Questionnaire and financial statement must be verified under oath by the bidder in the manner in which civil pleadings and civil actions are verified; and WHEREAS, the Questionnaire is not a public record and is not to be opened to public inspection; and WHEREAS, each Questionnaire submitted by a prospective bidder will be scored in accordance with an established point system; and WHEREAS, Public Contract Code Sections 20111.6 requires any school district requiring prospective bidders to complete and submit a Questionnaire to adopt and apply a uniform system of rating bidders on the basis of the completed Questionnaire in order to determine if bidder will be deemed qualified to bid (“Uniform System”); and

WHEREAS, a school district may not accept a proposal from any potential bidder who is required to submit a Questionnaire in accordance with Public Contract Code Section 20111.6, but has not done so at least ten (10) days prior to the date fixed upon the public opening of sealed bids, or has not been prequalified by the school district in accordance with Public Contract Code Section 20111.6(f) at least five (5) days prior to the opening of sealed bids; and WHEREAS, Notwithstanding the foregoing recital, pursuant to Public Contract Code Section 20111.6, a school district may establish a process for prequalifying prospective bidders and may authorize their prequalification to be considered valid for up to one (1) calendar year following the date of initial prequalification; and WHEREAS, The District does not intend prequalification under the Questionnaire confer prequalification status to a contractor on any projects requiring prequalification under Public Contract Code section 20111.5. Prequalification under the Questionnaire approved by this

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resolution shall not confer prequalification status to a contractor on any projects requiring prequalification under PCC 20111.5. NOW THEREFORE, THE GOVERNING BOARD OF THE LONG BEACH UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE: Section 1. In accordance with Public Contract Code 20111.6, the Governing Board (“Board”) establishes a prequalification program for construction contracts awarded on or after January 1, 2014, until January 1, 2019 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, (“Prequalification Program”). Section 2. The Prequalification Program shall utilize the Questionnaire attached hereto as Exhibit “A” and incorporated herein. Section 3. In accordance with Public Contract Code Section 20111.6, the District adopts the Uniform System of allocating points set forth in the document attached hereto as Exhibit “B” with respect to the District’s review of any submitted Questionnaires. Any potential bidder who submits a Questionnaire that does not meet the above-referenced criteria set forth in this section shall be considered not qualified and rejected. Section 4. The Questionnaire shall be completed by any potential bidder in conformance with Public Contract Code Section 20111.6. Section 5. With respect to construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, each prospective bidder must be prequalified in conformance with the Prequalification Program prior to submitting a bid. Section 6. In submitting any bids for construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, and any future projects that require prequalification of contractors, the District will furnish each prospective bidder a standardized proposal form that when completed and executed, will constitute such potential bidder’s bid (“Proposal”).

Section 7. A Proposal shall not be accepted from any person or other entity for any construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more who: (1) has not submitted a Questionnaire at least ten (10) business days prior to the date fixed for the public opening of the seal bids for such construction contract in accordance with Public Contract Code Section 20111.6(f); and (2) who has not been prequalified for at least five (5) days prior to the public opening of seal bids for such contract, in accordance with Pubic Contract Code Section 20111.6(f). Section 8. Once prequalified pursuant to this section, such prequalification shall be valid for up to one (1) calendar year following the date of initial prequalification.

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Section 9. Prequalification under the Questionnaire approved by this resolution shall not confer prequalification status to a contractor on any projects requiring prequalification under Public Contract Code section 20111.5 Section 10. The Board hereby delegates to the District’s Director, Facilities Planning, Maintenance, Operations and Transportation the authority to determine whether a potential bidder shall be considered prequalified.

Section 11. The Board hereby delegates to the District’s Superintendent or his/her

designee, the authority to determine who shall have the responsibility to hear and oversee prequalification determination appeals (“Appeals Panel”). PASSED AND ADOPTED by the Governing Board of the Long Beach Unified School District on the 17th of December, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: I, Christopher J. Steinhauser, Secretary of the Long Beach Unified School District Governing Board, do hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by said Board at a regularly scheduled and conducted meeting held on said date, which resolution is on file in office of said Board.

______________________________________ Secretary

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EXHIBIT A

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BUSINESS  DEPARTMENT  -­‐  Business  Services    Facilities  Development  &  Planning  Branch  Donald  K.  Allen  Building  Services  Facility  2425  Webster  Ave.,  Long  Beach,  CA  90810  (562)  997-­‐7550        Fax  (562)  595-­‐8644  

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PREQUALIFICATION QUESTIONNAIRE

CONTACT INFORMATION

Contractor: ________________________________________________________________

(as it appears on license) Check one of the following:

Corporation Partnership Sole Proprietorship Joint Venture

Contact Person: Address (City, State, Zip): Phone: Fax: Email: _________________________ Company Website: ______________________ Contractor’s License Number(s) and Types (Please include expiration date): Tax ID Number _____________________________________________________________ If firm is a sole proprietor or partnership: Owner(s) of Company Company Union Status: Union Non-Union Minority Status: MBE DBE DVBE SBE DBE Other Minority Certification:

Exhibit A

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PREQUALIFICATION QUESTIONNAIRE

PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is “no.”1 To Contractors seeking prequalification as a subcontractor only: You must respond to all Part I questions, however your response to Part I, Question Number 5 will not be rated.

Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is “yes.”2 If the answer to question 8 is “yes,” and if debarment would be the sole reason for denial of pre-qualification, any pre-qualification issued will exclude the debarment period.

1. Contractor possesses a valid and current California Contractor’s license for the

project or projects for which it intends to submit a bid. Yes No 2. Contractor has a liability insurance policy with a policy limit of at least $1,000,000

per occurrence and $2,000,000 aggregate. Yes No (Please provide a current Certificate of Insurance as verification) 3. Contractor has current workers’ compensation insurance policy as required by the

Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. Yes No Contractor is exempt from this requirement, because it

has no employees

4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.3

Yes No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement.

1 A “no” answer to Question 4 will not be disqualifying if the contractor is exempt from complying

with Question 4, for reasons explained in footnote 7. 2 A contractor disqualified solely because of a “Yes” answer given to question 6, 7, or 9 may

appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure.

3 Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is “no more than 25 per cent of the qualifying amount provided in section 14837(d)(1).” As of August 12, 2013, the qualifying amount is $10 million, and 25 per cent of that amount, therefore, is $2.5 million.

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5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualification if you are seeking pre-qualification for a single project; or (if you are seeking pre-qualification valid for a year) (b) your current available bonding capacity?4

Yes No NOTE: Notarized statement must be from the surety company, not an agent or broker. Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

6. Has your contractor’s license been revoked at any time in the last five years?

Yes No 7. Has a surety firm completed a contract on your behalf, or paid for completion

because your firm was default terminated by the project owner within the last five (5) years?

Yes No 8. At the time of submitting this pre-qualification form, is your firm ineligible to bid on

or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?

Yes No If the answer is “Yes,” state the beginning and ending dates of the period of

debarment: 9. At any time during the last five years, has your firm, or any of its owners or officers

been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract?

Yes No

4 An additional notarized statement from the surety may be requested by the Long Beach Unified

School District at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid.

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PREQUALIFICATION QUESTIONNAIRE PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL

PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS

A. Current Organization and Structure of the Business For Firms That Are Corporations: 1a. Date incorporated : 1b. Under the laws of what state: 1c. Provide all the following information for each person who is either (a) an officer of

the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation’s stock.

Name Position Years with Co. % Ownership Social Security #

1d. Identify every construction firm that any person listed above has been associated

with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Firm

Dates of Person’s Participation with Firm

For Firms That Are Partnerships: 1a. Date of formation: __________________ 1b. Under the laws of what state: __________ 1c. Provide all the following information for each partner who owns 10 per cent or more

of the firm. Name Position Years with Co. % Ownership Social Security #

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1d. Identify every construction company that any partner has been associated with (as

owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Company

Dates of Person’s Participation with Company

For Firms That Are Sole Proprietorships: 1a. Date of commencement of business. 1b. Social security number of company owner. 1c. Identify every construction firm that the business owner has been associated with (as

owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Company

Dates of Person’s Participation with Company

For Firms That Intend to Make a Bid as Part of a Joint Venture: 1a. Date of commencement of joint venture. 1b. Provide all of the following information for each firm that is a member of the joint

venture that expects to bid on one or more projects:

a. Name of firm

% Ownership of Joint Venture

B. History of the Business and Organizational Performance

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2. How many years has your organization completed work for public agencies? Years:_______

6 or more years = 5 5 years = 4 4 years = 3 3 years = 2 1 full year = 1

3. Has your organization ever been licensed in California under a different name or

different license number? Yes No

If “yes,” please list all name(s) and license number(s), on a separate signed page.

No = 3; Yes = 0

4. Are you currently pre-qualified with any other school district?

Yes No If yes, please identify the school district(s), with contact information and the dollar rating that you have been pre-qualified for at such school district(s), on a separate signed page. No = 3; Yes = 0

5. Has there been any change in ownership of the firm at any time during the last three

years? NOTE: A corporation whose shares are publicly traded is not required to answer this question.

Yes No If “yes,” explain on a separate signed page. No = 3; Yes = 0 6. Is the firm a subsidiary, parent, holding company or affiliate of another construction

firm? NOTE: Include information (including license number(s) about other firms if

one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No If “yes,” explain on a separate signed page. Please include all name(s) and license

number(s) No = 3; Yes = 0

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7. Are any corporate officers, partners or owners connected to any other construction firms?

NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No If “yes,” explain on a separate signed page. No = 3; Yes = 0 List your firm’s gross revenues for each of the last three years: Year: $ Year: $ Year: $ 8. How many years has your organization been in business in California as a contractor

under your present business name and license number? Years 6 or more years = 5

5 years = 4 4 years = 3 3 years = 2 1 full year = 1

9. Is your firm currently the debtor in a bankruptcy case? Yes No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. No = 3; Yes = 0

10. If your firm is not currently in bankruptcy, was your firm in bankruptcy at any time during the last five years?

Yes No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued.

No = 3; Yes = 0

In what type of construction do you specialize?: _________________________________

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What was the largest amount of work completed in one year: _______________________

Number of projects: _______ Year:______Amount of Largest Project:__________

C. Licenses

List all California construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm:

________________________________________________ ________________________________________________ If any of your firm’s license(s) are held in the name of a corporation or partnership,

list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license.

________________________________________ ________________________________________

11. Has your firm changed names or license number in the past five years? Yes No

If “yes,” explain on a separate signed page, including the reason for the change.

No = 3; Yes = 0

12. Has any owner, partner or (for corporations) officer of your firm operated a construction firm under any other name in the last five years?

Yes No

If “yes,” explain on a separate signed page, including the reason for the change.

No = 3; Yes = 0

13. Has any CSLB license held by your firm or its Responsible Managing Employee

(RME) or Responsible Managing Officer (RMO) been suspended within the last five years?

Yes No If “yes,” please explain on a separate signed sheet. No = 5; Yes = 0

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D. Surety and Bonding Information

Bonding capacity: Please provide a letter stating bondability from current surety

company. Also, please provide documentation from your surety (not agency) identifying the following: Note: Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

Name of bonding company/surety: ____________________________________

Name of surety agent/contact person, address and telephone number:

14. If your firm was required to pay a premium of more than one per cent for a

performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. Note: Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

If rate no more than one per cent = 5 If rate was no higher than 1.10 per cent = 3 Any other = 0 (Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

List all other sureties, not agencies (name, contact person, full address, phone number, largest bond obtained) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds (If necessary, list on separate signed sheet): Note:   Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

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15. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? Note:  Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

Yes No If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place.  No = 5; Yes = 0

(Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

16. At any time during the past five years, has any surety company made any payments

on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private? Note:   Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response.

Yes No

If “yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved  No = 5 Yes (1 claim) = 5 Yes (2 claims)= 3 Yes (more than 2 claims) = SUBTRACT 5 points

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(Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

17. Has your firm ever failed to complete a contract?

Yes No If “yes,” explain on a separate signed page. No  =  3;  Yes  =  0  

How many projects is your firm currently bonded for? __________________ What are the contract amounts your firm has currently bonded?

Contracts Amount Bonded

E. Insurance

Insurance Company: _____________________________________________________________ Address: ______________________________________________________________________ City, State, Zip: ________________________________________________________________ Phone Number: Facsimile Number __________________ Contact Person: ________________________________________________________________

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18. How long have you been with this insurance company? _________________________________ 5 or more years = 3 3 or 4 years = 1 2 years or less = 0

If less than two years, please list prior insurance companies below:

Insurance Company Address Phone Contact Person Year(s)

19. In the last five years has any insurance carrier, for any form of insurance, refused to

renew the insurance policy for your firm? Yes No

If “yes,” explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. No = 5 Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

20. Has your organization ever had insurance terminated by a carrier in the past five (5)

years due to an excessive claims history and/or nonpayment of premium?

If “yes,” explain on a separate signed sheet. Name the insurance carrier, the form of insurance, and year of termination. No = 3; Yes = 0

F. Safety Program & Workers’ Compensation Each bidder shall submit a copy of the bidder’s established safety/injury prevention program which complies with the Contract Documents and all applicable governmental regulations.

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After determination of the successful bidder, its subcontractors must submit a copy of their respective safety/injury prevention programs within five (5) days of the District’s request. If the bidder and/or its subcontractors have not established a safety/injury prevention program, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District, taking into account the bidder’s experience, expertise, existing labor agreements relating to safety issues and any unique safety issues relating to the project. If the bidder and/or its subcontractors have established a safety/injury prevention program, but the District determines it does not comply with the Contract Documents, all applicable governmental regulations, or is deficient for any reason whatsoever, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District. Bidder: ________________________________________ Signature: ______________________________________ By: ___________________________________________ Date: __________________________________________ Each bidder shall submit its workers’ compensation experience modification factor. After determination of the successful bidder, its subcontractors must submit their workers compensation modification factor within five (5) days of District’s request. 21. List your firm’s Experience Modification Rate (EMR) (California Workers’

Compensation Insurance) for each of the past premium years: Current Year: _______________ Previous Year: _______________ Year Prior to Previous Year: _______________ 3 year average EMR of 1.0 or less = 5 points

3 year average EMR of more than 1.0 but no more than 1.25 = 3 points Any other EMR = 0 points

If your EMR for any of these three years is or was 1.25 or higher you may, if you

wish, attach a letter of explanation. 22. Within the last five years has there ever been a period when your firm had employees

but was without workers’ compensation insurance or state-approved self-insurance? Yes No

If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page. If “No,” please provide a statement by your

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current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ compensation insurance coverage for the period that your firm has been in the construction business.) No = 5 Yes (1 instance) = 5 Any other answer = 0

G. Compliance with Occupational Safety and Health Laws and with Other Labor

Legislation Safety Each bidder, and its subcontractors, must declare any serious or willful violations of

Part 1 (commencing with Section 6300) of Division 5 of the California Labor Code received during the last five years. This information must include all construction work undertaken in the United States by the bidder and any affiliate of the bidder. Separate information shall be submitted for each particular partnership, joint venture, corporation, Limited Liability Company or individual bidder or subcontractor. The bidder or its subcontractors may be requested to submit additional information or explanation of data, which District may require for evaluating the safety record. The term “affiliate” shall mean any firm, corporation, partnership, joint venture, limited liability company or association which is a member, joint venturer or partner of the bidder, or any such entity which owns a substantial interest in, or is owned in common with, the bidder, its subcontractor or any of its members, joint venturers or partners, or any such entity in which the bidder, its subcontractor, or any of their members, joint venturers or partners own a substantial interest.

23. Has your firm ever received a serious or willful safety violation during the last five (5) years?

Yes No

If “yes,” attached a separate signed page describing the violation, including information about the dates, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any.

No = 3 Yes = 1 (1 occasion) Yes = 0 (more than 1 occasion)

24. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

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Yes No

If “yes,” attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0 If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

25. Has the federal Occupational Safety and Health Administration cited and assessed

penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No If “yes,” attach a separate signed page describing each citation. If the firm’s average gross revenues for the last three years was less than $50

million, scoring is as follows: No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

   If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

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26. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board or any local authorities cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No If “yes,” attach a separate signed page describing each citation. If the firm’s average gross revenues for the last three years was less than $50

million, scoring is as follows: No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

 No = 5 Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

27. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project?

Meeting once a week or more = 3 Any other = 0

28. How often do you conduct documented safety inspections on a construction site? Daily ______ Weekly ________ Quarterly ________

Meeting daily = 3 Meeting weekly = 1 Any other = 0

29. Does your firm currently have a safety plan which complies with the current OSHA

standards? Yes No

Yes = 3; No = 0

30. Have any of your subcontractors you retained ever received a serious or willful

industrial safety violation durign the last five (5) years? Yes No

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If “yes,” attach a separate signed page listing each subcontractor, its license number and provide a brief explanation. No = 3 Yes = 1 (1 occasion) Yes = 0 (more than 1 occasion)

H. Prevailing Wage and Apprenticeship Compliance Record 31. Has there been more than one occasion during the last five years in which your firm

was required to pay either back wages or penalties for your own firm’s failure to comply with the state’s prevailing wage laws? NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

Yes No If ”yes,” attach a separate signed page or pages, describing the nature of each

violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

If the firm’s average gross revenues for the last three years was less than $50

million, scoring is as follows: No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

32. During the last five years, has there been more than one occasion in which your own

firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements?

Yes No

If “yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid.

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If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

33. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by the District.

If at least one approved apprenticeship program listed = 5 points Any other answer = 0 points

34. If your firm operates its own State-approved apprenticeship program:

(a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year.

(b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s).

(c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm.

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If one or more persons completed an approved apprenticeship while employed by the firm = 5 points

If no persons completed an approved apprenticeship while employed by the firm = 0 points

35. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor’s violation at the time they occurred.

Yes No

If “yes,” provide the date(s) of such findings, and attach copies of the Department’s final decision(s)

If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

I. Disputes 36. At any time in the last five years has your firm been assessed and paid liquidated

damages after completion of a project under a construction contract with either a public or private owner?

Yes No If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.

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No projects with liquidated damages of more than $50,000 = 5 points One project with liquidated damages = 5 points Two projects with liquidated damages of more than $50,000 = 3 points Any other answer = 0 points

37. In the last five years has your firm, or any firm with which any of your company’s

owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form.

Yes No If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. No = 5 Yes = 0

38. In the last five years has your firm been denied an award of a public works contract

based on a finding by a public agency that your company was not a responsible bidder?

Yes No If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. No = 5 Yes = 0

* * * * *

NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 39. In the past five years has any claim against your firm concerning your firm’s work

on a construction project in California been filed in court or arbitration? Yes No

If “yes,” on separate signed sheets of paper identify the claim(s) by providing the

project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description

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of the status of the claim (pending or, if resolved, a brief description of the resolution).

If the firm’s average gross revenues for the last three years was less than $50

million, scoring is as follows: No = 5

Yes (1 such instances) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

40. In the past five years has your firm made any claim against a project owner concerning work on a project in California or payment for a contract in California and filed that claim in court or arbitration?

Yes No If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution).

If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 such instances) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5 Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

J. Criminal Matters and Related Civil Suits

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41. Has your firm or any of its owners, officers or partners ever been found liable in a

civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?

Yes No If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.

No = 5; Yes = SUBTRACT 5 points 42. Has your firm or any of its owners, officers or partners ever been convicted of a

crime involving any federal, state, or local law related to construction? Yes No

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. No = 5; Yes = SUBTRACT 5 points

43. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

Yes No

If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.

No = 5; Yes = SUBTRACT 5 points

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PREQUALIFICATION QUESTIONNAIRE

PART III. FINANCIAL INFORMATION

Audited statements are required for all construction projects totaling $1,000,000 or more which is the case with this Project.

(A certificate of a licensed accountant will be required in all cases) 1. COMPLETE THIS CERTIFICATE

FOR AN AUDIT OF FINANCIAL STATEMENT STATE OF: ______________________ We have examined the Financial Statement of________________________________________ as of _____________________. Our examination was made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the accompanying financial statement included on pages _____ to ____, inclusive, sets forth fairly, in all material respects, the financial condition of ___________________________________ as of ________________, in conformity with generally accepted accounting principles. _____________________________ ________________________________ (Type Name of Firm) (Accountant Signature) _____________________________ ________________________________ (Telephone Number) (License Number)

Special Note to Accountant: The above Certificate of Accountant shall not be made by any individual who is in the regular employ of the individual, partnership or corporation submitting the statement; nor by any individual who is a member of the firm with more than ten percent financial interest.

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PREQUALIFICATION QUESTIONNAIRE

ACCOUNTANT’S RELEASE LETTER By signing the form below, I authorize the Long Beach Unified School District to contact our company’s licensed accounting firm to verify our most recent audited or reviewed financial statement. I understand the financial statement is confidential information and is not open to public inspection. __________________________________________________________________________

Signature ________________________________________________________________________

Printed Name / Title ________________________________________________________________________

Company Name ________________________________________________________________________

Date

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PREQUALIFICATION QUESTIONNAIRE

PREQUALIFICATION STATEMENT FOR

LONG BEACH UNIFIED SCHOOL DISTRICT Each prospective bidder must have a current and active license at the time of the award and must submit the following information on this form. Bidder must also complete and submit with this questionnaire the attached “Contractor’s Statement of Experience and Financial Conditions.” If necessary, bidder may attach supplemental information as a separate package.

DECLARATION I, __________________________________________(printed name) hereby declare that I am the ___________________________________(title) of ___________________________(name of bidder) submitting this Prequalification Statement; that I am duly authorized to execute this Prequalification Statement on behalf of the above-named company; and that all information set forth in this Prequalification Statement and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I acknowledge that any false statements, inaccuracies or failure to disclose are grounds for disqualification. In executing this Declaration, I hereby permit the Long Beach Unified School District to contact any owner, school district, contractor, subcontractor, supplier or any other party that the District deems relevant for purposes of verifying or gathering any information necessary to complete the evaluation of this pre-qualification submittal. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was Subscribed at ______________________________________ (location and city), County of _______________________________________, State of ______________________________, on __________________________(date). ___________________________________ (Signature) (If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution.)

All information submitted for prequalification evaluation will be considered official information acquired in confidence and the District will maintain its confidentiality to the extent permitted by law.

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EXHIBIT B

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BUSINESS  DEPARTMENT  -­‐  Business  Services    Facilities  Development  &  Planning  Branch  Donald  K.  Allen  Building  Services  Facility  2425  Webster  Ave.,  Long  Beach,  CA  90810  (562)  997-­‐7550        Fax  (562)  595-­‐8644  

Page 1 of 7

POINT ALLOCATION ANSWER KEY FOR PREQUALIFICATION QUESTIONNAIRE (ANNUAL QUALIFICATION)

Part II, B.

2. 6 or more years = 5 5 years = 4 4 years = 3 3 years = 2 1 full year = 1

3. No = 3; Yes = 0

4. Yes = 3; Yes = 0

5. No = 3; Yes = 0

6. No = 3; Yes = 0

7. No = 3; Yes = 0

8. 6 or more years = 5 5 years = 4 4 years = 3 3 years = 2 1 full year = 1

9. No = 3; Yes = 0

10. No = 3; Yes = 0

Part II, C.

11. No = 3; Yes = 0

12. No = 3; Yes = 0

13. No = 5; Yes = 0

Exhibit B

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Part II, D.

14. If rate no more than one per cent = 5 If rate was no higher than 1.10 per cent = 3 Any other = 0

(Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

15. No = 5; Yes = 0

(Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

16. No = 5 Yes (1 claim) = 5 Yes (2 claims)= 3 Yes (more than 2 claims) = SUBTRACT 5 points

(Note: Contractors seeking prequalification as a subcontractor only: Response will not be rated.)

17. No = 3; Yes = 0

Part II, E.

18. 5 or more years = 3 3 or 4 years = 1 2 years or less = 0

19. No = 5 Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

20. No = 3; Yes = 0

Part II, F.

21. 3 year average EMR of .95 or less = 5 points 3 year average EMR of more than .95 but no more than 1.0 = 3 points Any other EMR = 0 points

22. No = 5 Yes (1 instance) = 5 Any other answer = 0

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Part II, G.

23. No = 3 Yes = 1 (1 occasion) Yes = 0 (more than 1 occasion)

24. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0 If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

25. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

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26. If the firm’s average gross revenues for the last three years was less than $50

million, scoring is as follows: No = 5

Yes (1 instance) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

27. Meeting once a week or more = 3 Any other = 0

28. Meeting daily = 3 Meeting weekly = 1 Any other = 0

29. Yes = 3; No = 0

30. No = 3 Yes = 1 (1 occasion) Yes = 0 (more than 1 occasion)

Part II, H.

31. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

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32. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

33. If at least one approved apprenticeship program listed = 5 points Any other answer = 0 points

34. If one or more persons completed an approved apprenticeship while employed by the firm = 5 points

If no persons completed an approved apprenticeship while employed by the firm = 0 points

35. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 or 2 such instances) = 5 Yes (3 instances) = 3 Yes (more than 3 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (no more than 4 such instances) = 5 Yes (5 or 6 such instances) = 3 Yes (more than 6 instances) = 0

Part II, I.

36. No projects with liquidated damages of more than $50,000 = 5 points One project with liquidated damages = 5 points Two projects with liquidated damages of more than $50,000 = 3 points Any other answer = 0 points

37. No = 5 Yes = 0

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38. No = 5 Yes = 0

39. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 such instances) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

40. If the firm’s average gross revenues for the last three years was less than $50 million, scoring is as follows:

No = 5

Yes (1 such instances) = 5 Yes (2 instances) = 3 Yes (more than 2 instances) = 0

If the firm’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

No = 5

Yes (1, 2, or 3 such instances) = 5 Yes (4 or 5 such instances) = 3 Yes (more than 5 instances) = 0

Part II, J.

41. No = 5; Yes = SUBTRACT 5 points

42. No = 5; Yes = SUBTRACT 5 points

43. No = 5; Yes = SUBTRACT 5 points

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CALCULATION OF PASSING SCORES FOR PREQUALIFICATION

Scoring will be done in three parts and each general contractor and/or subcontractor must receive a passing point score total in each part to be deemed prequalified to submit a bid on the projects that require prequalification and/or fall under the Prequalification Program, subject to any other restrictions detailed in the Prequalification of Construction Contractors Questionnaire Packet. General contractors and/or subcontractors failing to receive a passing score in any of the parts below shall not be prequalified and will not be able to submit a bid on the projects that require prequalification and/or fall under the Prequalification Program.

PREQUALIFICATION SCORING

Part II , Section A:

Prequalification Questions numbered 8, 9, 10, 13, 14, 15, 16, 19, 21, 22, 24, 25, 26, 27, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 shall form the basis for the Part II, Section A scoring. The maximum score that can be obtained by a general contractor for Prequalification Questions Nos. 8, 9, 10, 13, 14, 15, 16, 19, 36, 37, 38, 39, 40, 41, 42, and 43 is 129 points. In order to receive a passing score under the Part II, Section A scoring component, a general contractor must receive a score of 103 points or greater. In order to receive a passing score under the Part II, Section A scoring component, a subcontractor must receive a score of 91 points or greater. If a general contractor and/or subcontractor fails to receive a passing score under Part II, Section A herein, the District need not score the Prequalification Questions applicable to Part II, Section B below.

GENERAL CONTRACTORS:

Passing Point Total for Part II, Section A = 103 Points (80% of 129)

SUBCONTRACTORS

Passing Point Total for Part II, Section A = 91 (80% of 114) (Do not rate Questions 14, 15 and 16)

Part II, Section B:

All other prequalification questions falling under Part II, shall form the basis for the Part II, Section B scoring. The maximum score that can be obtained by a general contractor and/or subcontractor in connection with all other prequalification questions that are not included in Part II, Section A above, is 47 points. In order to receive a passing score under the Part II, Section B scoring component, a general contractor and/or subcontractor must receive a score of 33 points or greater. If a general contractor or subcontractor fails to receive a passing score under Part II, Section B herein, the District need not score the interview question set forth in Prequalification Question No. 44 below.

GENERAL CONTRACTORS and SUBCONTRACTORS

Passing Point Total for Part II, Section B = 33 Points (70% of 47)