School Board Agenda - Hermosa Beach City School District July... · A full agenda is available for...

HERMOSA BEACH CITY SCHOOL DISTRICT

School Board Agenda

July 10, 2019


Thrive K - Life

Our Vision...

All students are empowered to achieve and thrive.

Our Mission...

In partnership with our community, prepare students to thrive by providing a relevant

education, a safe and healthy environment, and an inclusive culture.

We Are Committed To An Environment That Supports Learning

And Includes These Core Values…

Community Engagement

Culture of Excellence

Global Citizenship

Respect and Inclusion

Responsible Stewardship

Rigor and Relevancy

Safety and Well-being


1645 Valley Drive Hermosa Beach, CA 90254 (310) 937-5877

REGULAR MEETING OF THE BOARD OF EDUCATION

Thrive K - Life

Wednesday, July 10, 2019

Hermosa Beach City Council Chambers

1315 Valley Drive Hermosa Beach, CA

AGENDA

A full agenda is available for public viewing upon request at the Hermosa Valley School Office at 1645 Valley Drive, Hermosa

Beach, CA 90254 or the District Office at 425 Valley Drive, Hermosa Beach, CA 90254.

Pursuant to Government Code Section 54953(b), this meeting will also be conducted by teleconference or

videoconference at the following location: Embassy Suites, 333 Madonna Rd, San Luis Obispo, CA 93405. This

location will be accessible to the public. Members of the public wishing to address the Board directly from this

location will be allowed to do so during the public comment portion of the meeting.

I. OPEN SESSION –5:30 P.M.

A. Call to Order

B. Roll Call

II. FLAG SALUTE

III. APPROVAL OF AGENDA

IV. ANNOUNCEMENTS

V. COMMUNICATIONS

A. Oral communications from the Audience to the Board

Members of the audience may address the Board on any topic regardless of whether it is listed on the

agenda. However, the Board may not discuss issues raised that are not listed on the agenda. Topics

not on the agenda that are brought to the Board's attention may be investigated by the administration

and a report made to the Board, either publicly or privately at a future meeting. Complaints regarding

District employees must be dealt with in Closed Session, not in Public. Comments from visitors shall

not exceed 3 minutes unless waived by a majority of all Members of the Board.

B. Written Communications

VI. BOARD DISCUSSION ON THE INTERVIEW PROCESS

VII. BOARD ACTION

SUPERINTENDENT

S-01-19/20 Board Candidate Interviews Ms. Escalante

The Board will interview four candidates to select a provisional appointment

to fill the board vacancy due to Mrs. Ehsan’s resignation.

S-02-19/20 Deliberation and Action to Select Board Member by

Provisional Appointment Ms. Escalante

The Board will deliberate the board candidate interviews to determine who will

be selected to fill the board vacancy by provisional appointment. The appointed

candidate will be sworn in with the Oath of Office and immediately seated through

November 2020.

(These proceedings are being video and audio recorded.)

Regular Meeting of the Board

07/10/19

Page two

VIII. BOARD REPORTS

IX. SUPERINTENDENT REPORT AND BOARD DISCUSSION:

The following items are presented to the Board of Trustees as a report and/or an update from the

Superintendent. These items will be for information and discussion.

R-01-19/20 Measure S Facilities Program Update Ms. Escalante

R-02-19/20 Hermosa Valley School Presentation on Middle School Mrs. Taylor/

Electives, Bell Schedules, Professional Development and Mrs. Rockwell

Thrively Program

X. CONSENT

The following items are presented to the Board as Consent Items, requesting approval by one motion.

There will be no prior discussion of these items unless requested by the Board. It is the Superintendent’s

recommendation that all items listed as Consent Items be approved by the Board of Education.

A. Superintendent

S-03-19/20 Approval of Minutes Ms. Escalante

Approval is recommended for the minutes from the regular school board meeting

of June 12, 2019, and the minutes from the special school board meeting of June 24, 2019.

S-04-19/20 Acceptance of Gifts Ms. Escalante

Approval is recommended to accept donated gifts and direct staff to send

thank you letters to the appropriate parties.

S-05-19/20 Quarterly Williams Uniform Complaint Report Summary Ms. Escalante

Approval is recommended for submission of the Quarterly Williams Uniform

Report Summary to the Los Angeles County Office of Education.

B. Business

B-01-19/20 Purchase Orders Ms. Montalbo

Approval is recommended for purchase orders issued since the

last Board approval. Total amount: $247,944.04

B-02-19/20 Agreement for Counseling Services with the South Bay Ms. Montalbo

Children’s Health Center

Approval is recommended for the Agreement with the South Bay Children’s

Health Center to provide counseling services at Hermosa View School.

B-03-19/20 2019-2020 Consolidated Application Ms. Montalbo

Approval is recommended for the submission of the 2019-2020

Consolidated Application for Funding Categorical Aid Programs.

B-04-19/20 Contract Renewal for Food Service Program Ms. Montalbo

Approval is recommended for the contract renewal with Torrance Unified

School District for the Food Service Program from July 1, 2019 through June 30, 2022.


07/10/19

Page three

C. Personnel

P-01-19/20 Certificated Employment Transactions Ms. Escalante

Approval is recommended for Certificated Employment Transactions.

P-02-19/20 Classified Employment Transactions Ms. Escalante

Approval is recommended for Classified Employment Transactions.

XI. BOARD ACTION (continued)

SUPERINTENDENT

S-06-19/20 Adopt Resolution #01:19/20 - Authorized Signature Resolution Ms. Escalante

Adoption of Resolution #01:19/20 – Authorized Signature Resolution to

certify signatures of the members of the governing board and persons authorized to

sign notices of employment, contracts and orders drawn on the funds of the school district

to the Los Angeles County Office of Education.

BUSINESS

B-05-19/20 Resolution #02:19/20 - Resolution Requesting Board of Supervisors

of the County of Los Angeles, California to Establish a Tax Rate for

Bonds of the Hermosa Beach City Elementary School District Expected

To Be Sold During Fiscal Year 2019-20, and Authorizing Necessary

Actions in Connection Therewith Ms. Escalante

Approval is recommended for Resolution #02:19/20 - Resolution Requesting Board of

Supervisors of the County of Los Angeles, California to Establish a Tax Rate for Bonds of

the Hermosa Beach City Elementary School District Expected to be Sold During Fiscal Year

2019-20, and Authorizing Necessary Actions in Connection Therewith.

B-06-19/20 Award Contract - Inspector of Record on Measure S Facilities Ms. Montalbo

Program at North School and Hermosa View School

Approval is recommended to award the contract with Sandy Pringle Associates, Inc.

for an Inspector of Record for Measure S Facilities Program at North School and Hermosa

View School.

B-07-19/20 Award Contract - Materials Testing and Inspection Ms. Montalbo

Consulting Services for Measure S Program at North School and

Hermosa View School

Approval is recommended to award the contract with Koury Engineering &

Testing, Inc. for a materials testing and inspection consultant for Measure S Facilities

Program at North School and Hermosa View School.

PERSONNEL

P-03-19/20 2019-2020 Declaration of Need for Fully Qualified Educators Ms. Escalante

Approval is recommended for the 2019-2020 Declaration of Need

to be submitted to the California Commission on Teacher Credential.


07/10/19

Page four

XII. BOARD MEMBER ROUNDTABLE

XIII. CALENDAR July 07/04 4th of July Holiday, District & School Offices Closed

07/10 School Board Meeting, HB City Council Chambers, Open Session begins 5:30pm

07/24 Special School Board Meeting, HB City Council Chambers, Closed Session begins 5:00pm,

Open Session begins 7:00pm

August 08/14 School Board Meeting, HB City Council Chambers 7:00pm

08/27 Middle School Registration

September 09/02 Labor Day Holiday, District & School Offices Closed

09/03 First Day Back for Teachers

09/03 Back to School Night for TK/Kindergarten, View

09/05 First Day Back for Students

09/10 Back to School Night for Grades 1-3, View

09/11 School Board Meeting, HB City Council Chambers 7:00pm

09/12 Back to School Night Grades 4-8, Valley

09/13 HVPTO Back to School Picnic

09/17 HBEF & HVPTO Joint Meeting, 7:30pm Valley MPR

October 10/09 School Board Meeting, HB City Council Chambers 7:00pm

10/21-25 Parent Teacher Conferences for Grades Kindergarten thru 5, Minimum Days for Grades K-5

10/25 HVPTO Annual Halloween Carnival

November 11/11 Veterans Day Holiday, NO CLASSES

11/12-15 Parent Teacher Conferences for Grades 6-8, Minimum Days for Grades 6-8



11/25-29 Thanksgiving Holiday Week, NO CLASSES

December 12/11-13 8th Grade Outdoor Education Program at Pali


12/20 Day Before Winter Break; Minimum Day for All Students

12/23-01/03 Winter Break, NO CLASSES

XIV. ADJOURNMENT Notes: All documents referred to in this agenda, not exempt from public disclosure under the California Records Act,

are available for public inspection at the District Office located at 425 Valley Drive, Hermosa Beach, CA and Hermosa

Valley School, 1645 Valley Drive, Hermosa Beach, CA and at the public meeting of the Board of Education.

In compliance with the Americans With Disabilities Act, should special assistance be required to participate in this

meeting, please contact the Superintendent’s Office at (310) 937-5877. Notification not later than noon on the day

preceding the Board meeting will enable the district to make reasonable arrangements to assure accessibility to this

meeting.

S-01-19-20

Page 1 of 1


TO: Board of Education

FROM: Patricia Escalante

District Superintendent

DATE: July 10, 2019

SUBJECT: BOARD CANDIDATE INTERVIEWS

RECOMMENDATION

It is recommended that the Board of Education interview the four board candidates under

consideration to fill the board vacancy left by Mrs. Monique Ehsan’s resignation. After the

interviews, the Board will deliberate and make a provisional appointment.

BACKGROUND

A seat on the Hermosa Beach City School District Board of Education was vacated due to the

resignation of Board Member Mrs. Monique Ehsan. Mrs. Ehsan submitted her resignation letter

to the County Superintendent whose office who established with the effective date of May 14,

2019. Per Board Bylaw 9223, the Board voted to make a provisional appointment to fill the seat

at its June 12, 2019 meeting.

In accordance with EC Section 5091, the Hermosa Beach City School District governing board

has 60 days from the date of the vacancy, July 13, 2019, by which to make a provisional

appointment to fill the seat for the remainder of the term up until November 2020.

After seeking board member candidates from June 17 thru July 1, 2019, four applications were

submitted by: Ryan Grashow, Margeaux Randolph, Martha Ruel and Barbara Zondiros.

S-02-19/20

Page 1 of 1





DATE: July 10, 2019

SUBJECT: DELIBERATION AND ACTION TO SELECT BOARD MEMBER BY

PROVISIONAL APPOINTMENT

RECOMMENDATION

It is recommended that the Board of Education deliberate and take action to determine who will

be selected to fill the board vacancy by provisional appointment. Upon appointment, the successful

candidate will be sworn into office with the Oath of Office and immediately seated through

November 2020.

BACKGROUND

A seat on the Hermosa Beach City School District Board of Education was vacated due to

the resignation of Board Member Mrs. Monique Ehsan. Mrs. Ehsan submitted her resignation

letter to the County Superintendent whose office established the effective date of May 14,

2019. Per Board Bylaw 9223, the Board approved the option of making a provisional

appointment to fill the seat at its June 12, 2019 meeting.

In accordance with EC Section 5091, the Hermosa Beach City School District governing board

has 60 days from the date of the vacancy by which to make a provisional appointment to fill the

seat for the remainder of the term up until November 2020. The extended time table of this

appointment reflects a one-time necessary adjustment, by virtue of the Senate Bill 415 extension

that was granted to Mrs. Ehsan’s term, which was originally scheduled to expire in 2019.

With a provisional appointment, the deadline is July 13, 2019. A provisional appointment

confers all powers and duties of a governing board member upon the appointee immediately

following his/her appointment.

After seeking board member candidates from June 17 thru July 1, 2019, four applications were

submitted. All candidates will interview for the board seat.

President Gardner will subscribe and swear in the appointed candidate with the Oath of Office.

S-03-19/20

Page 1 of 1





DATE: July 10, 2019

SUBJECT: APPROVAL OF SCHOOL BOARD MEETING MINUTES

RECOMMENDATION

It is recommended that the Board of Education approve the Minutes from the June 12, 2019

Regular School Board Meeting, and the Minutes from the June 24, 2019 Special School Board

Closed Session.

1 Hermosa Beach City School District

Minutes from June 12, 2019 Regular School Board Meeting

Subject to Board Approval

MINUTES OF THE REGULAR MEETING OF THE GOVERNING BOARD

OF THE HERMOSA BEACH CITY SCHOOL DISTRICT


1315 Valley Drive, Hermosa Beach, CA 90254

June 12, 2019

CALL TO ORDER: Board President Gardner opened the Closed Session portion of the meeting at 6:04 p.m.

ROLL CALL: Present: Board President Mr. Douglas Gardner, Board Clerk Mrs. Jennifer Cole, and Board

Members: Mrs. Maggie Bove-LaMonica and Mr. Stephen McCall.

PUBLIC COMMENTS ON

CLOSED SESSION ITEMS: None

CONVENE TO CLOSED

SESSION: At 6:05 p.m., the Board convened to Closed Session.

OPEN SESSION: Board President Gardner began the Open Session at 7:10 p.m.

ROLL CALL: Present: Board President Mr. Douglas Gardner, Board Clerk Mrs. Jennifer Cole, and Board

Members: Mrs. Maggie Bove-LaMonica and Mr. Stephen McCall.

STAFF PRESENT: Superintendent Ms. Patricia Escalante; Director of Educational Services Dr. Joan Perez;

Business Manager Ms. Paula Montalbo; Principal Mrs. Kimberly Taylor; Principal Ms.

Sylvia Gluck; Assistant Principal Ms. Amy Rockwell, and Executive Assistant

Ms. Michelle Meraz.

CLOSED SESSION REPORT: President Gardner reported that during the Closed Session the Board approved a settlement

agreement for Office of Administrative Hearing Case No. 2018100506. With a motion by

Clerk Cole and seconded by Member McCall. The vote in favor was 4 ayes for President

Gardner, Clerk, Cole, Member Bove-LaMonica, and Member McCall, and 0 nays.

FLAG SALUTE: All present

APPROVAL OF AGENDA: Superintendent Escalante requested item B-93-18/19 Contract Agreement Renewal for

Multimedia Services with Los Angeles County of Education be pulled from the Consent

Calendar.

It was moved by Mrs. Bove-LaMonica, seconded by Mrs. Cole, that the Board of

Education of the Hermosa Beach City School District approve the agenda as amended.

The vote in favor was 4 ayes for President Gardner, Clerk Cole, Member Bove-LaMonica,

and Member McCall, and 0 nays. Motion carried.

ANNOUNCEMENTS: The Board and Superintendent Escalante recognized former Board Member, Mrs. Monique

Ehsan for her dedication to the students and school district during her term. Hermosa

Beach City Mayor Pro-Temp Mary Campbell presented Mrs. Ehsan with a proclamation

from the Hermosa Beach City Council. Certificates from Los Angeles County Supervisor

Janice Hahn and Assembly Member Al Muratsuchi were given to Mrs. Ehsan.

Under the direction of MusicTeacher, Mr. Ken Harrison the Hermosa Valley School Band

performed at the board meeting. The band played Ode to Joy, Stars and Stripes Forever,

and Pomp and Circumstance.



Mrs. Sam Kuhr accepted certificates of appreciation on behalf of her sons Sebastian and

Julian Kuhr for the Skate for the School fundraiser on April 22, 2019, which raised

$4,693.00. The Kuhr’s have raised over $54,988.20 in their 13 years of fundraising. The

Kuhrs will pass the event off to younger Hermosa students to carry on the event.

Mrs. Cathy McCurdy, Hermosa Beach Kiwanis Club Foundation Member, presented

donations to the school district: $845.14 towards materials for the Hermosa Valley Garden

Program ($645.14 from Kiwanis and $200 from Builders Club), and $1,575 towards the

Hermosa View School Counseling Program. Mrs. McCurdy also presented a donation

from the Kiwanis Club to Hermosa Beach Youth Music for $1,000.00. Mrs. McCurdy

announced the August 24, 2019 Hermosa Beach Kiwanis Taste of the Beach fundraiser’s

proceeds will go towards the Hermosa schools counseling program.

COMMUNICATIONS: Audience Oral Communications:

Mr. Scott Davey said the band’s performance was great. He thanked Mrs. Ehsan for her

volunteer work at the school district. Mr. Davey asked when filling the school board

vacancy, can a citizen be appointed now through November 2019, and then have the

remainder of the term filled through the November 2019 election and place the vacancy on

the November 2019 ballot for a public vote.

Mr. Anthony Higgins asked during North School construction project when will flagmen

be on site. Mr. Higgins suggested an alternate truck route using Morningside Drive and

Longfellow Avenue.

Written Communications:

Member Bove-LaMonica said she received communication from Suzanne Evans regarding

the Hermosa Valley School Native Plant Restoration Project.

President Gardner said the Board also received written communications regarding

the Hermosa Valley School project, the vacant seat on the school board, and lice.

Superintendent’s Update:

Superintendent Escalante reported on:

Current enrollment was stable at 1346.

Registration for the fall school enrollment was in progress at the school campuses.

Families were encouraged to enroll their children early.

Online registration for the Extended Day Child Care Program was open; families

were encouraged to register.

Congratulations to Hermosa View School on being recognized for the Educational

Results Partnership 2018-2019 Honor Roll School for high achievement in student

success. This recognition identifies high performing schools in districts

nationwide for improving student outcomes.

Hermosa Valley School’s Open House event will be June 13, 2019; the

community was invited and encouraged to attend.

Hermosa View School Open’s House was June 6. There was a terrific display of

student thinking all around campus classrooms.

SUPERINTENDENT REPORT AND BOARD DISCUSSION:

Measure S Facilities Program Update

Superintendent Escalante reported the District is continuing to work with the City of

Hermosa Beach on the North School Neighborhood Memorandum of Understanding and

the Request for Proposals process. She said the District meets weekly with Erickson Hall

regarding the Measure S Facilities Program..



Superintendent Escalante stated that the communication process will be to inform the board

publicly and then to restate and communicate the same information to the public through

volunteer community liaisons.

Superintendent Escalante said Erickson Hall will be on site at North School. She said one

of the first actions will be to replace the existing North School temporary perimeter fencing

with a construction fence which will run along the property line.

She said we are waiting for an update from the Coastal Commission; our application with

the Coastal Commission is being processed. During the Measure S Facilities Program

North School construction information will be made available to the community on the

District’s website with updated timeline schedules; on site at North School will be a

community bulletin board, via social media, and through emails to North School area

neighbors.

Superintendent Escalante introduced representatives from Erickson Hall Construction

Company: Project Manager Anthony Hahn, Project Engineer Isabelle Cortez, and

Superintendent Richard Moore. They spoke on the preliminary plan for the truck path and

staging area. They said the anticipated truck path will be Gould Avenue to Morningside

Drive then directly onto North School property; staging will be mainly on the North School

property; construction crew parking will be on North School property; flag men will be

used during major delivery of materials. Mr. Hahn said neighbors will be alerted when

major equipment or deliveries will be made.

Board members requested a detail of what the anticipated daily work flow will be.

Measure S Facilities Program Presentation on

Sale of General Obligations Bonds

Superintendent Escalante introduced Mr. Jon Isom from Isom Advisors. Mr. Isom

presented information on the sale of bonds, which included the Finance Plan (Original), the

District’s Tax Base, Finance Plan (Actual), Ratings and Insurance, Method of Sale,

Timeline and Next Steps.

Review of Local Control and Accountability Plan and

Local Control Funding Formula Budget

Director of Educational Services, Dr. Perez and Business Manager, Ms. Montalbo

presented an overview of the Local Control and Accountability Plan (LCAP) and the

corresponding Local Control Funding Formula (LCFF) Budget. Their presentation included

information on: the annual LCAP process; outcomes of the process; the state priorities and

the District’s Core Values associated with each priority; components of the 2019-2020

LCAP; the LCAP Advisory Team; Three Areas of Focus: Academic Performance,

Academic Achievement and Conditions and Climate; Hermosa Beach Increased or

Improved Services; 2019-2020 Increased Areas of Focus: Goal 1 - Academic Achievement,

Goal 2 – Engagement, Goal 3 – Wellness; Goal 4-Educational Environment. The portion

of the presentation relating to the LCFF Budget included information on: the Governor’s

May Revise Budget; school budgets based on fund accounting, information on specific

funds (Local Control Fund 01, Food Services Fund 13, Building Fund 21, Capital Facilities

Fund 25, Special Reserve Fund 40, Debt Service Fund 51); budget impacts for 2019-2020,

Local Control Target Funding Formula; 2019-2020 General Fund Revenue;

2019-2020 General Fund Expenditures; and What We Know, and What We Need to Do.



PUBLIC HEARING:

Hearing on 2019-2020 Local Control and

Accountability Plan At 9:55 p.m. President Gardner opened the public hearing on the 2019-2020 Local Control

and Accountability Plan for public comments. No public comments were given.

Hearing on 2019-2020 Local Control Funding

Formula Budget At 9:57 p.m. President Gardner opened the hearing on the 2019-2020 Local Control

Funding Formula Budget for public comments. No public comments were given.

(Public comments will be accepted through June 26, 2019.)

The Public Hearing section of the meeting was closed at 9:58 p.m.

Extension of Meeting Duration It was moved by Mrs. Bove-LaMonica, seconded by Mrs. Cole, that the Board of

Education of the Hermosa Beach City School District approve the extension of school

board meeting duration to 10:45 p.m. The vote in favor was 4 ayes for President Gardner,

Clerk Cole, Member Bove-LaMonica, and Member McCall, and 0 nays. Motion carried.

BOARD REPORTS: Member Bove-LaMonica reported on the Local Control and Accountability (LCAP)

Committee meeting. She said the School Site Council and the LCAP Committee were

together, and they were able to test the LCAP goals and give feedback on them.

Member Bove-LaMonica reported on the California School Board Association resources

that support school districts, including memberships, legal alliance, delegate assembly,

efforts on Full and Fair Funding, legislative updates.

Member Cole reported on the Hermosa Beach Education Foundation (HBEF) and Parent

Teacher Organization (PTO) Joint Meetings of May 14 and June 11. She said there are

many fundraisers, special projects grants and teacher grants on the calendar and available

for the 2019-2020 school year. Mrs. Cole reported that gently used school supplies will be

donated to Lennox School District; outgoing officers and departing 8th grade parent

volunteers were recognized; funds were allocated to support Google certification by

teachers; a new fund for bereavement counseling or tutoring needs was established to

support a student who loses a parent or sibling. She reported that HBEF anticipates the

Annual Appeal fundraiser will meet its goal of $1.2 million; $2.4 million in the HBEF

endowment; the matching funds was at an all time high of $70,000; HBEF is developing a

real estate Hero’s package; Northwest Mutual is giving a matching grant of $10,000; and

two grants one from Windsong and one from Strata; an ice cream truck fundraiser during

the spring campaign; HBEF is continuing to fundraise for the Annual Appeal. Member

Cole thanked the HBEF and PTO for all they do to support the schools and the many

volunteers that support all of these fundraisers.

Member McCall reported on the recent Transformation Committee field trips to see what

best programs look like at other schools, and what can we bring back. He said Member

Cole, administrators and he visited. Member McCall said the Ad Astra School (a private

school) they were invited to a synthesis class. He said insights were to have the correct

learning environment, working on meaningful projects and homework, and facilitating

collaboration in a kind and open way. The visit to Facebook gave insights on building a

stronger learning community, engaging educators, learners, families, and insights on social

and emotional programs. Member McCall thanked Zek Smith, who connected the Hermosa

schools to Ad Astra, and Alexa Levine who connected Hermosa to Facebook. The

Transformation Committee is looking at visiting other schools as well as Google in the fall.



President Gardner reported on several items: the City of Hermosa Beach and Hermosa

School’s Memorandum of Understanding meetings to develop the Request for Proposals

for a traffic planner/engineer, which will be awarded. The meetings have been

collaborative and productive. President Gardner said the South Bay Presidents meeting was

to connect with neighboring school district board presidents to hear information about each

school district. He reported on the Hermosa View Open House. He said it was great seeing

the completed student projects, and their tremendous growth.

President Gardner thanked the PTO for all their effort to put on the Field Day every year.

President Gardner also said the board met with the City of Hermosa Beach Council and the

Beach Cities Health District Board to discuss youth wellness issues on June 5, 2019.

Superintendent Escalante requested Board Action item S-60-18/19 Adoption of Next Generation Science Instructional

Materials be the first item addressed under Board Action.

CONSENT CALENDAR: It was moved by Mrs. Bove-LaMonica, seconded by Mrs. Cole, that the Board of

Education of the Hermosa Beach City School District approve the Consent Calendar

amended to table item B-93-18/19 Contract Renewal for Multimedia Services with the Los

Angeles County Office of Education. The vote in favor was 4 ayes by President Gardner,

Clerk Cole, Member Bove-LaMonica and Member McCall, and 0 nays. Motion carried.

Superintendent:

Approval of School Board Meeting

Minutes Approval was given on the Minutes from the May 8, 2019 Regular School Board Meeting.

Acceptance of Gifts Acceptance was given for the following donated gifts to the school district:

Donated By Amount/Value Item/Use

Hermosa Beach Kiwanis $645.14 Hermosa Valley School

Club Foundation Garden Program Materials

Builders Club $200.00 Hermosa Valley School

Garden Program Materials

Leslie Johnson $1,940.00 Student Band Field Trip to

Forum Music Festival

Gandara and Tamayo Families $500.00 Hermosa View Gift

Account

Staff was directed to send a thank you letter to the each donor.

2019-2020 District Memberships Approval given for the following 2019-2020 District Memberships:

ORGANIZATION ANNUAL DUES

Assoc. of California School Administrators (ACSA) – 150.00*

Region 14 Superintendents:

.

Beachfront Consortium: 75.00*

California School Boards Association (CSBA): 6,391.00

California School Boards Association

Education Legal Alliance: 1,598.00



California School Boards Association

GAMUT Online: 2,190.00

California School Boards Association,

Manual Maintenance: 2,640.00

California Association of School Business Officials (CASBO): 1,000.00

Coalition for Adequate School Housing (C.A.S.H.) 418.00

EDJOIN: 450.00*

Joint Educational Transit (JET): 3,400.00*

Los Angeles County School Trustees Association (LACSTA): 100.00*

School Attendance Review Board (SARB): 6,133.19*

TOTAL $24,545.19

Business:

Purchase Orders Approval was given for the purchase orders issued since the last board approval in the total

amount of $40,877.08.

Year-End Appropriations Transfers

Approval was given for the authorization to make appropriation transfers necessary at the

close of the 2018-2019 school year to permit payment of obligations of the district incurred

during such year.

Declare Technology Equipment Obsolete and/or Surplus

Approval was given to declare technology equipment as obsolete and/or surplus, and staff

was directed to dispose of or to resell the materials.

Contract Agreement Renewal Peoplesoft

Financial Systems Approval was given for the contract agreement renewal with the Los Angeles County

Office of Education Peoplesoft Financial Systems to provide business and financial

services for the 2019-2020 fiscal year.

Palos Verdes Peninsula Unified School District

Induction Program Agreement Approval was given for the District’s continuing participation in the Palos Verdes

Peninsula Unified School District Induction Program and its renewal agreement.

Contract School Bus Transportation

Services for Field Trips Approval was given for the contract agreement with Transportation Charter Services, Inc.

to provide student transportation when on field trips.

Southwest Special Education Local Plan Area GLASS

Master Contract for the 2019-2020 School Year for

Nonpublic Nonsectarian Agency and School Services

Approval was given for the Southwest Special Education Local Plan Area Greater Los

Area SELPA (GLAAS) Master Contract for nonpublic nonsectarian agency and school

services in the 2019-2020 school year.



Personnel:

Certificated Employment Transaction

Approval was given for the following Certificated Employment Transactions:

Kristine Dent, 100% Leave of Absence Request for 5th Grade Teacher, Hermosa Valley

School, Effective during the 2019-2020 school year following exhaustion of maternity/

parental leave;

Molly Murtha, Re-Hire as Kindergarten thru 5th Grade Teacher, Eff. September 3, 2019;

Kelli Snyder, Re-Hire, Middle School English/Language Arts Teacher, Hermosa Valley

School, Eff. September 3, 2019, and

Patricia Sugden, Re-Hire, Kindergarten thru 5th Grade Teacher, Eff. September 3, 2019.

Confidential Employment Transaction

Approval was given for the following Confidential Employment Transaction:

Victoria Sillersuarez, Hire for Database Technician position, District Office

Effective June 17, 2019

BOARD ACTION:

SUPERINTENDENT

Adoption of Next Generation Science Instructional Materials

It was moved by Mrs. Cole, seconded by Mr. McCall, that the Board of Education of the

Hermosa Beach City School District adopt the Amplify Next Generation Science Standards

aligned curriculum instructional materials for use in Kindergarten thru 8th grade. The vote

in favor was 4 ayes by President Gardner, Clerk Cole, Member Bove-LaMonica and

Member McCall, and 0 nays. Motion carried.

Discussion/Action on Filling Board Member Vacancy

It was moved by Mrs. Bove-LaMonica, seconded by Mr. McCall, that the Board of

Education of the Hermosa Beach City School District approve to take action to fill the

board vacancy by provisional appointment. The vote in favor was 4 ayes by President

Gardner, Clerk Cole, Member Bove-LaMonica, and Member McCall, and 0 nays. Motion

carried.

Extension of Meeting Duration It was moved by Mrs. Cole, seconded by Mrs. Bove-LaMonica, that the Board of

Education of the Hermosa Beach City School District approve the extension of school

board meeting duration to 11:15 p.m. The vote in favor was 4 ayes for President Gardner,

Clerk Cole, Member Bove-LaMonica, and Member McCall, and 0 nays. Motion carried.

BUSINESS:

North School Project Neighborhood

Traffic Management Plan Award of Contract


Education of the Hermosa Beach City School District award the contract for the

development of the Neighborhood Traffic Management Plan for North School in

conjunction with the City of Hermosa Beach to Fehr & Peers in an amount not to exceed

$124,200. The vote in favor was 4 ayes by President Gardner, Clerk Cole, Member

Bove-LaMonica, and Member McCall, and 0 nays. Motion carried.



Resolution #16:18/19 on Authorization on

Temporary Borrowing Between Funds


Education of the Hermosa Beach City School District adopt Resolution #16:18/19 to

temporarily transfer cash between funds to meet cash flow shortages for the 2019-2020

fiscal year. The vote in favor was 4 ayes by President Gardner, Clerk Cole, Member


Resolution #17:18/19 on Temporary Transfers from the

Los Angeles County Treasury

It was moved by Mrs. Cole, seconded by Mrs. Bove-LaMonica, that the Board of

Education of the Hermosa Beach City School District adopt Resolution #17:18/19 to

temporarily borrow from the Los Angeles County Treasurer to meet cash flow shortages

for the 2019-2020 fiscal year. The vote in favor was 4 ayes by President Gardner, Clerk

Cole, Member Bove-LaMonica, and Member McCall, and 0 nays. Motion carried.

Memorandum of Understanding with Redondo Beach Unified School District

On Infant Program Services for Special Needs Children

It was moved by Mrs. Cole, seconded by Mrs. Bove-LaMonica, that the Board of

Education of the Hermosa Beach City School District approve the Memorandum of

Understanding with Redondo Beach Unified School District to provide infant program

services to Hermosa Beach City School District special needs infant children for the 2019-

2020 school year. The vote in favor was 4 ayes by President Gardner, Clerk Cole, Member


PERSONNEL

Revised Job Description for Certificated

Assistant Principal Position


Education of the Hermosa Beach City School District approve the revised job description

for the Certificated Assistant Principal position. The vote in favor was 4 ayes by President

Gardner, Clerk Cole, Member Bove-LaMonica, and Member McCall, and 0 nays. Motion

carried.

The Board directed staff to begin the process to hire an Assistant Principal.

ROUNDTABLE: Member Bove-LaMonica congratulated the schools on their success this year. She is

looking forward to the 8th grade promotion ceremony. Mrs. Bove-LaMonica asked if an

overview of the new Thrively Program for under-performing students can be presented so

that she has a better understanding of it. Member Bove-LaMonica also asked clarity on the

best process to respond to questions asked by the public during a school board meeting;

what are the pros and cons.

Superintendent Escalante will research with legal counsel, and return to board with

recommendations.

Board Member Cole requested more information on North School construction crews

daily work flow schedule to prepare for success.

President Gardner thanked everyone for a great year, and wished everyone a happy and

safe summer.

ADJOURNMENT: At 11:10 p.m., it was moved by Mrs. Bove-LaMonica, seconded by Mrs. Cole, that the

Board of Education of the Hermosa Beach City School District adjourn the meeting. The



vote in favor was 4 ayes by President Gardner, Clerk Cole, Member Bove-LaMonica, and

Member McCall, and 0 nays. Motion carried.

CALENDAR OF MEETINGS/EVENTS:

June 06/05 Middle School Honor Roll Breakfast

06/05 Special School Board Study Session Meeting with City of Hermosa Beach and

Beach Cities Health District, HB City Council Chambers 6:00pm

06/06 View School Open House Night; Minimum Day for View Students Only


06/12 View Field Day


06/13 Valley School Open House Night; Minimum Day for Valley Students Only

06/19 4th grade Field Day and 5th Grade Beach Day

06/20 8th Grade Promotion Ceremony and Dance, Mira Costa High School Auditorium

06/21 Last Day of School for Students, Minimum Day All Students

06/24 Last Day of School for Teachers

06/24 Special School Board Closed Session Meeting, HB City Council Chambers 6:00pm

06/26 Special School Board Meeting, HB City Council Chambers 7:00pm

July 07/04 4th of July Holiday, District & School Offices Closed

07/10 School Board Meeting, HB City Council Chambers, Open Session begins at 5:30pm

07/24 Special School Board Meeting, HB City Council Chambers, Closed Session begins at 5:00pm,

Open Session begins at 7:00pm

August 08/14 School Board Meeting, HB City Council Chambers 7:00pm












10/21-25 Parent Teacher Conferences for Grades Kindergarten thru 5



11/12-15 Parent Teacher Conferences for Grades 6-8








____________________________ _____________________________

President Clerk


Minutes from June 24, 2019 Special School Board Meeting

Subject to Board Approval

MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE GOVERNING BOARD

OF THE HERMOSA BEACH CITY SCHOOL DISTRICT


1315 Valley Drive, Hermosa Beach, CA 90254

June 24, 2019

CALL TO ORDER: Board President Gardner opened the meeting at 6:09 p.m.

ROLL CALL: Present: Board President Mr. Douglas Gardner, Board Members:

Mrs. Maggie Bove-LaMonica, J.D., and Mr. Stephen McCall. (Board Clerk Mrs. Jennifer

Cole was absent.)

STAFF PRESENT: Superintendent Ms. Patricia Escalante, and Executive Assistant Ms. Michelle Meraz

PUBLIC COMMENTS ON

CLOSED SESSION ITEMS: None

PUBLIC COMMENTS: Mr. Anthony Higgins thanked the Board for listening to his comments and explaining the

reasons behind decisions. Mr. Higgins said referring to the June 12, 2019 School Board

Meeting discussion on Measure S Facilities Program at North School, a better place to have

flagmen stationed during construction is at Gould Avenue and Morningside Drive. He

asked the Board to consider the difficulties residents already experience on street sweeping

days on Mondays and Tuesdays; parking is extremely limited on these two days of the

week. Mr. Higgins asked where will construction workers park. He asked for an alternate

truck route for load sharing and/or in case of an emergency.

CONVENE TO CLOSED

SESSION: At 6:14 p.m., the Board convened to Closed Session.

CALENDAR OF MEETINGS/EVENTS:

June 06/05 Middle School Honor Roll Breakfast

06/05 Special School Board Study Session Meeting with City of Hermosa Beach and

Beach Cities Health District, HB City Council Chambers 6:00pm

06/06 View School Open House Night; Minimum Day for View Students Only


06/12 View Field Day


06/13 Valley School Open House Night; Minimum Day for Valley Students Only

06/19 4th grade Field Day and 5th Grade Beach Day

06/20 8th Grade Promotion Ceremony and Dance, Mira Costa High School Auditorium

06/21 Last Day of School for Students, Minimum Day All Students

06/24 Last Day of School for Teachers

06/24 Special School Board Closed Session Meeting, HB City Council Chambers 6:00pm

06/26 Special School Board Meeting, HB City Council Chambers 7:00pm

July 07/04 4th of July Holiday, District & School Offices Closed

07/10 School Board Meeting, HB City Council Chambers, Open Session begins 5:30pm

07/24 Special School Board Meeting, HB City Council Chambers, Closed Session begins at 5:00pm,

Open Session begins at 7:00pm


Minutes from June 24, 2019 Special School Board Meeting

CALENDAR OF MEETINGS/EVENTS: (continued) August













10/21-25 Parent Teacher Conferences for Grades Kindergarten thru 5



11/12-15 Parent Teacher Conferences for Grades 6-8








____________________________ _____________________________

President Clerk

S-04-19/20

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DATE: July 10, 2019

SUBJECT: ACCEPTANCE OF GIFTS

RECOMMENDATION

It is recommended that the Board of Education accept the gifts donated to the school district and

direct staff to send a thank you letter to the appropriate party.

BACKGROUND

The District has received the following gifts:

Donated By Amount/Value Item/Use

Hermosa Beach Kiwanis $1,575.00 Hermosa View School Counseling. Program

Club Foundation $250.00 Hermosa Valley School P.E. Equipment

Los Angeles County Board

Of Supervisor Janice Hahn

Discretionary Funds $6,000.00 Hermosa View Counseling Program

Hermosa Beach Woman’s Club

$1,000.00 Hermosa View Counseling Program

Amy Ken $80.00 Electronic Casio Keyboard and Stand

For the Music Program

S-05-19/20

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DATE: July 10, 2019

SUBJECT: QUARTERLY WILLIAMS UNIFORM COMPLAINT REPORT SUMMARY

RECOMMENDATION

It is recommended that the Board of Education receive for information and approve the Quarterly

Report on Williams Uniform Complaints Summary (Education Code 35186) and its submission

to the Los Angeles County Office of Education.

BACKGROUND

Elizer Williams, et. al. vs. State of California was filed as a class action lawsuit in the year 2000,

in San Francisco County Superior Court. The plaintiffs included nearly 100 San Francisco

County students, who filed suit against the State of California and state education agencies,

including the Department of Education (CDE). The basis of their lawsuit involved state agencies

failing to provide public school students with equal access to instructional materials, safe and

decent school facilities, and qualified teachers.

The Williams case was settled in 2004, resulting in the State of California allocating $138

million in additional funding for standards-aligned instructional materials for schools in the first,

second and third ranks (known as deciles), determined through the 2003 Academic Performance

Index (API) Base. The legislated settlement was implemented through Senate Bill (SB) 6, SB

550, Assembly Bill (AB) 1550, AB 2727 and AB 3001 in August 2004. Up to 2.3 million

California public school students may benefit from funding related to the Williams case

settlement.

As a result of the Williams case, all school districts must:

1. Modify the current uniform complaint process to help identify and resolve any

deficiencies related to instructional materials, teacher vacancies and misassignments and

emergency or urgent facility conditions that pose a threat to the health and safety of

pupils or staff. The Board of Education adopted this policy on August 5, 2005.

2. Provide quarterly reports to the Board of Education and the County Superintendent of

Schools on the nature and resolution of all complaints, including the number of

complaints by general subject area, and the number of resolved and unresolved

S-05-19/20

Page 2 of 2

complaints. Complaints and written responses shall be available as public records.

3. Post a notice in each classroom in each school notifying parents (a) that there are

sufficient textbooks and instructional materials for use in class and to take home to

complete homework; (b) that school facilities must be clean, safe and maintained in good

repair; (c) that teacher vacancies are reported by January 31, filled with credentialed

teachers and assigned appropriately, and (d) the location where a complaint form may be

obtained.

4. Quarterly reports are due to the Board of Education and the County Superintendent of

Schools each year:

First Quarter July 1 – September 30 Report due by October 31

Second Quarter October 1 – December 31 Report due by January 31

Third Quarter January 1 – March 31 Report due by April 30

Fourth Quarter April 1 – June 30 Report due by July 31

There were 0 complaints filed for this past Quarter.

B-01-19/20

Page 1 of 1


TO: Patricia Escalante


FROM: Paula Montalbo

Business Manager

DATE: July 10, 2019

SUBJECT: PURCHASE ORDERS

RECOMMENDATION

It is recommended that the Board of Education approve the attached purchase order listing in the

total amount of $247,944.04.

BACKGROUND

The attached list of purchase orders has been issued in accordance with the District’s purchasing

policy and must be authorized by the Board of Education.

PURCHASE ORDERS

July 2019

(UNDER $500)

PO Amt PO Amt PO Amt PO Amt PO Amt

14476 183.96 14460 135.21 14512 71.81 14489 273.75

14499 94.12

183.96 229.33 71.81 273.75 0.00

Grand Total: 758.85

North School SiteOperationsValley View District

PURCHASE ORDER

July 2019

(Over $500)

PO Vendor Description Fund Amount

Hermosa Valley School

14447 TSI Uniforms PE Uniforms Student Fund 10,859.39

14449 Gopher PE Equipment PTO 960.70

14513 Sam Ash Instrument Cleaning and Repair HBYM 1,385.18

TOTAL 13,205.27

Hermosa View School

TOTAL 0

Hermosa Valley/View School

TOTAL 0

TOTAL 0

14425 Public Education Consultants June - August Project Management Prop 39 38,461.88

14445 Vector Energy Group Lighting Retrofit Project Prop 39 138,484.69

14446 SVA Architects Lighting Project Services Prop 39 8,760.00

14470 CDW Government IT Supplies One Time Monies 2,085.14

14471 CDW Government IT Supplies One Time Monies 38,188.13

14477 Public Education Consultants September Project Management Prop 39 3,695.63

14516 Easy Reader Board Vacancy Announcement General 503.70

TOTAL 230,179.17

TOTAL -

243,384.44$ GRAND TOTAL

District

Maintenance and Operations

North School

1

MEASURE S

PURCHASE ORDERS

July 2019

PO Vendor Description Fund Amount


TOTAL 0

Hermosa View School

TOTAL 0

Hermosa Valley/View School

TOTAL 0

14462 Red Security Group Keys Fund 21 190.53

TOTAL 190.53

14480 So Cal News Group Classified Advertisements Fund 21 3,610.22

TOTAL 3,610.22

TOTAL 0

GRAND TOTAL 3,800.75

Maintenance and Operations

District

North School

B-02-19/20

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Business Manager

DATE: July 10, 2019

SUBJECT: AGREEMENT FOR COUNSELING SERVICES WITH THE SOUTH BAY

CHILDREN’S HEALTH CENTER

RECOMMENDATION

It is recommended that the Board of Education approve the Agreement with the South Bay

Children’s Health Center for counseling services to students at Hermosa View School effective

July 1, 2019 through June 30, 2020.

BACKGROUND

The District contracts for counseling services with the South Bay Children’s Health Center at

Hermosa View School. The hourly rate is $41.16. Based upon multiple funding sources and

grants from Beach Cities Health District ($9,014), Beach Cities Healthy School Grant ($3,000),

Hermosa Beach Woman’s Club ($1,000), Hermosa Beach Kiwanis Foundation ($1,575) and

Janice Hahn Discretionary Funds ($6,000), Hermosa View will be able to offer 486 hours of

counseling services for the 2019-2020 school year. A school counselor will provide small group

and individual counseling services to students.

B-03-19/20

Page 1 of 1




Business Manager

DATE: July 10, 2019

SUBJECT 2019-2020 CONSOLIDATED APPLICATION

RECOMMENDATION

It is recommended that the Board of Education approve for submission the 2019-2020

Consolidated Application for Funding Categorical Aid Programs for the Title II, Part A Program.

BACKGROUND

The Consolidated Application (ConApp) is used by the California Department of Education

(CDE) to distribute categorical funds from various state and federal programs to county offices,

school districts, and direct-funded charter schools throughout California. Annually, each local

educational agency (LEA) submits the release of the application to document participation in

these programs and provide assurances that the district will comply with the legal requirements

of each program. Program entitlements are determined by formulas contained in the laws that

created the programs.

Out of each state and federal program entitlement, districts allocate funds for indirect costs of

administration, for programs operated by the district office, and for programs operated at

schools.

This application collects information related to our District’s intentions to participate in the

2019-2020 consolidated programs, legal assurances of compliance as required by the state and

federal statute, and other required program participation. In the application, the District

identifies those programs that we are requesting funding for in the upcoming school year.

Title II, Part A (Teacher and Principal Preparation, Training and Recruiting) A federal

program that increases student academic achievement through strategies such as improving

teacher and principal quality and increasing the number of highly qualified teachers in the

classroom and highly qualified principals and assistant principals in schools. Estimated

funding amount is unknown at this time.

B-04-19/20

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Business Manager

DATE: July 10, 2019

SUBJECT: CONTRACT RENEWAL FOR FOOD SERVICE PROGRAM

RECOMMENDATION

It is recommended that the Board of Education approve the contract renewal with Torrance Unified

School District for the Food Service Program from July 1, 2019 through June 30, 2022.

BACKGROUND

The District requests to renew the contract with Torrance Unified School District (TUSD) to

provide Hermosa Beach students with lunches. The cost per lunch will remain at $2.68. In addition

TUSD will supply organic trays, napkins, bags, sporks and straws. This price will also include

milk and delivery to Hermosa Valley and Hermosa View, but does not include District Food

Service staff costs nor equipment, supplies, etc. Lunch prices to students will remain the same as

the 2018-2019 school year ($3.50).

The District will continue to work with TUSD to provide nutritious and well-balanced lunches for

students.

Account Number: 13.0-53100.0-00000-37000-4710-01/12

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FOOD SERVICE AGREEMENT FOR HERMOSA BEACH CITY SCHOOL DISTRICT

THE HERMOSA BEACH CITY SCHOOL DISTRICT, HEREINAFTER REFERRED TO AS HBCSD AND THE TORRANCE UNIFIED SCHOOL DISTRICT, HEREINAFTER REFERRED TO AS DISTRICT, MUTUALLY AGREE AS FOLLOWS:

1. BASIC AGREEMENT AND SCOPE OF WORK The HBCSD has requested DISTRICT to provide nutritious lunches for the students enrolled in HBCSD. The sites to be served are indicated in Attachment A, attached hereto and made a part of hereof. DISTRICT shall receive 30 day’s notice or mutually consent in writing to the addition of any additional sites. DISTRICT has agreed to provide the required lunches subject to the terms and conditions as specified herein. HBCSD has agreed to pay DISTRICT for its service. This Agreement shall be in effect for a period of one year, to be renewed annually up to 2 additional years for a total of three (3) years if mutually agreeable. Contract period shall be July 1, 2019 to June 30, 2022.

A price review shall be conducted annually by DISTRICT to determine if any adjustment in pricing is required. HBCSD shall be notified in writing 30 days prior to proposed increase in pricing. Any change to pricing shall be subject to mutual agreement by both parties and incorporated into the agreement by written amendment. 2. RESPONSIBILITIES OF THE DISTRICT DISTRICT shall perform the following:

a) Prepare the lunches at the North High School, 3620 W. 182nd St., Torrance, CA. This preparation site will maintain the appropriate state and local health certification for its facility.

b) Prepare and deliver to Hermosa Valley School at 1645 Valley Drive,

Hermosa Beach, CA, and Hermosa View School, 1800 Prospect Avenue, Hermosa Beach, CA, reimbursable meals in bulk to be heated on HBCSD sites, unless otherwise specified, no later than 11:30 a.m. on Tuesdays and Thursdays. Food items to be used on Friday, Monday and Tuesday will be delivered on Thursdays. Food items to be used on Wednesday and Thursday will be delivered on Tuesday. Provide milk choices, 1% white milk and non-fat chocolate milk, also provide fruit juice for students with a medical note on file for milk allergies. HBCSD will be responsible for the payment of juice and water and will be billed separately by District. Milk will be delivered by Dairy District has contract with. HBCSD will be responsible for placing their milk order directly with Dairy. District will be responsible for paying Dairy. Any extra milk or other items ordered from Dairy will be billed to HBCSD by District.

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c) Be responsible for meeting the nutritional standards for a reimbursable meal as set forth by the United States Department of Agriculture for the National School Lunch Program and also for the temperature and quality of the lunches at the time the lunches are released to HBCSD.

d) DISTRICT shall prepare the number of lunches requested by HBCSD. The

HBCSD shall request lunches by contacting the DISTRICT’S Nutrition Services Supervisor, by telephone no later than 10:00 a.m. on Monday for the Tuesday delivery and by 10:00 a.m. on Wednesday for the meals for Thursday delivery. Vended brand-name pizza will be served every Monday. Hermosa Valley and View Schools will have one hot entrée and one cold entrée each day. DISTRICT is only obligated to deliver meals, which are reimbursable on days when DISTRICT is in session. When DISTRICT is not in session, HBCSD must be able and willing to accept meals when DISTRICT is in session. Menu’s are subject to change, which may occur occasionally, due to a vendor delivery problem.

e) DISTRICT and HBCSD mutually agree in writing on the price of any item

listed on Attachment B. f) An invoice covering the prior month will be submitted to HBCSD Accounts

Payable Unit fifteen (15) days following the last day of the month. The invoice shall itemize the number of lunches and other charges.

g) Provide HBCSD with a monthly menu five (5) days prior to the beginning

of each month covered by said menu. h) Provide HBCSD with sack lunches for field trips which meet the

reimbursable meal requirements, when requested at least three (3) school days in advance of the trip. Disposable products, including napkins and utensils, for lunches ordered by HBCSD will be supplied by DISTRICT.

i) Maintain all necessary records on the nutritional components of the

lunches and the number of lunches prepared for the HBCSD sites and make records available for inspection by state and federal authorities upon request.

j) Comply with all rules and regulations pertaining to the National School

Lunch Program as outlined by state and federal authorities. k) Maintain liability insurance including extended coverage for product

liability in an amount of not less than One Million dollars ($1,000, 000.00) combined single limit and provide HBCSD with the certificate evidencing insured and specifying that coverage shall not be canceled or modified without 30 days prior notice to HBCSD.

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l) Invite HBCSD food service employees to the DISTRICT’s food service in-services.

3. RESPONSIBILITIES OF THE HBCSD

a) Request by telephone no later than 10:00 a.m. on Monday the number of meals to be provided to HBCSD, for Tuesday and Wednesday; no later than 10:00 a.m. each Wednesday for the number of meals to be provided to HBCSD on Thursday. Orders are to be placed by HBCSD with DISTRICT’s Nutrition Services Supervisor. Errors in the telephoned count shall be the responsibility of the HBCSD.

b) HBCSD will provide all personnel necessary to reheat, serve and supervise

the consumption of the lunches. HBCSD will provide all equipment necessary to store and heat lunches.

c) HBCSD will be responsible for maintaining the proper temperature of the

lunch components until they are served. Food must be heated and held according to HACCP guidelines.

d) Consult with the DISTRICT three (3) school days in advance regarding any

special menu requests or field trip.

e) Reimburse the DISTRICT per Attachment B for lunches ordered by HBCSC.

f) Pay the DISTRICT by the 25th of each month the full amount presented on itemized invoice.

g) Submit to DISTRICT Food Service Department an annual school year

calendar including holidays, pupil free days, etc. ten (10) school days prior to the start of HBCSD school year.

h) Provide for the processing and approval of applications that comply with

the guidelines established by the National School Lunch Program. Maintain all necessary records to substantiate such claims.

i) HBCSD will provide all condiments or District can provide and bill

appropriately.

j) Notify the DISTRICT as soon as HBCSD gets a notice from the state with the date of their CRE and SMI review.

k) Keeps all medical notes on file for students with food allergies and be

responsible for overseeing the students.

4. INSURANCE Both the DISTRICT and HBCSD shall take out and maintain such general liability property damage, worker’s compensation and automobile insurance as is required

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to protect DISTRICT and HBCSD as their interest may appear. DISTRICT shall maintain product liability insurance as listed in Paragraph 2(k) above. 5. HOLD HARMLESS AND DEMNIFICATION In accordance with the provisions of Section 895.4 of the Government Code of the State of California, each party agrees to hold the other party harmless from liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent or intentional acts or omissions of the indemnifying party. The indemnification includes a duty to defend the indemnified party. Each party has sole responsibility for its employees, agents and contractors and will defend and indemnify the other regarding all acts or omissions of its employees, agents and contractors. 6. TERMS This agreement is effective July 1, 2019, and shall remain in effect through June 2022. The Agreement may be amended by mutual consent of the parties and may be terminated by either party upon a thirty (30) day’s notice. The DISTRICT has the right to terminate the contract with less than thirty (30) days notice if HBCSD fails to timely pay invoices submitted by the DISTRICT pursuant to Paragraph 3. Notice of Termination shall be sent to the person signing the contract.

Hermosa Beach City School District Torrance Unified School District

______________________________ ______________________________ by by

______________________________ ______________________________

type or printed name type or printed name

______________________________ ______________________________ title title

______________________________ ______________________________

street street

______________________________ ______________________________ city, state, zip code city, state, zip code

______________________________ ______________________________

date date

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ATTACHMENT A HERMOSA VIEW ELEMENTARY SCHOOL 1800 PROSPECT AVENUE HERMOSA BEACH, CA 90254 HERMOSA VALLEY ELEMENTARY SCHOOL 1645 VALLEY DRIVE HERMOSA BEACH, CA 90254

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ATTACHMENT B

ITEM AMOUNT District deliver T/Thurs REIMBURSABLE LUNCHES $2.68 Per Meal

*Pricing for additional products will be negotiated as needed.

P-01-19/20

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DATE: July 10, 2019

SUBJECT: CERTIFICATED EMPLOYMENT TRANSACTIONS

RECOMMENDATION

Approval is requested for the following certificated personnel items:

A. Hire:

Danika Brown Middle School Math Teacher


Effective September 3, 2019

B. Leave of Absence Request:

Julie Pustaver 4th Grade Teacher, Hermosa Valley School,

Effective during the 2019-2020 school year

P-02-19/20

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DATE: July 10, 2019

SUBJECT: CLASSIFIED EMPLOYMENT TRANSACTIONS

RECOMMENDATION

Approval is recommended for the following classified personnel items:

A. Resignation:

Emily Goodlett Instructional Aide –Intensive Behavior Intervention

Hermosa Valley School, Effective June 21, 2019

Jenna Mangiagli Instructional Aide –Intensive Behavior Intervention

Hermosa View School, Effective June 21, 2019

S-06-19/20

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DATE: July 10, 2019

SUBJECT: ADOPT RESOLUTION #01:19/20 - AUTHORIZED SIGNATURE

RESOLUTION

RECOMMENDATION

It is recommended that the Board of Education adopt Resolution #01:19/20, Authorized

Signature Resolution.

BACKGROUND

Each year, the district must forward to the county a certification of signatures of the members of

the governing board and persons authorized to sign notices of employment, contracts and orders

drawn on the funds of the school district. These certifications are made in accordance with the

provisions of Education Code Sections 35143, 42632, and 42633 and a resolution is annually

adopted at the Annual Organizational Meeting in December. This resolution has been revised to

reflect the new provisionally appointed school board member.

Attachment No. 1

Info. Bul. No. 4908

SFS-A26-2018-19

mmeraz

Typewritten Text


mmeraz

Typewritten Text

Resolution #01:19/20

mmeraz

Typewritten Text

July 10, 2019

mmeraz

Typewritten Text

December 11, 2019

mmeraz

Typewritten Text

July 10,

mmeraz

Typewritten Text

19

mmeraz

Typewritten Text

Jennifer Cole

mmeraz

Typewritten Text

mmeraz

Typewritten Text

Douglas Gardner

mmeraz

Typewritten Text

ONE

mmeraz

Typewritten Text

ONE

mmeraz

Typewritten Text

ONE

mmeraz

Typewritten Text

ONE

mmeraz

Typewritten Text

Patricia Escalante

mmeraz

Typewritten Text

Superintendent

mmeraz

Typewritten Text

Paula Montalbo

mmeraz

Typewritten Text

Business Manager

mmeraz

Typewritten Text

Jennifer Cole

mmeraz

Typewritten Text

Margaret Bove-LaMonica

mmeraz

Typewritten Text

Stephen McCall

mmeraz

Typewritten Text

mmeraz

Typewritten Text

New School Board Member

B-05-19/20

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DATE: July 10, 2019

SUBJECT: RESOLUTION #02:19/20 - RESOLUTION REQUESTING BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES, CALIFORNIA TO

ESTABLISH A TAX RATE FOR BONDS OF THE HERMOSA BEACH CITY

ELEMENTARY SCHOOL DISTRICT EXPECTED TO BE SOLD DURING

FISCAL YEAR 2019-20, AND AUTHORIZING NECESSARY ACTIONS IN

CONNECTION THEREWITH

RECOMMENDATION

It is recommended that the Board of Education approve of Resolution #02:19/20, Resolution

Requesting Board of Supervisors of the County of Los Angeles, California to Establish a Tax

Rate for Bonds of the Hermosa Beach City Elementary School District Expected to be Sold

During Fiscal Year 2019-20, and Authorizing Necessary Actions in Connection Therewith.

BACKGROUND

An election was held in the Hermosa Beach City Elementary School District on June 7, 2016

(“Measure S”) for the issuance and sale of general obligation bonds of the District for various

school facility improvements. The schedule for issuing the next series of bonds authorized under

Measure S (the “Bonds”) currently anticipates completing the sale of the Bonds after the time

that the Auditor-Controller of the County of Los Angeles (the “County”) calculates the taxes to

be levied for District bonded debt during fiscal year 2019-20. Therefore, Resolution No.

02:19/20 is being brought before the Board of Education now to formally request that, pursuant

to Education Code Sections 15252-15254, the Board of Supervisors of the County adopt a tax

rate and levy taxes for the Bonds. The tax rate will be based upon an estimated debt service

schedule prepared by the District’s Municipal Advisor, Isom Advisors, A Division of Urban

Futures, Inc. The Bonds are expected to be issued in the amount of $23,000,000. The

Resolution further authorizes the District officials to file a certified copy of the Resolution with

the Board of Supervisors of the County and to deliver copies of the Resolution to the Auditor-

Controller and Treasurer and Tax Collector of the County.

Adoption of this Resolution is necessary to ensure that property taxes are levied during fiscal

year 2019-20 for the payment of the Bonds. The Bonds are expected to be sold during Fiscal

Year 2019-20.

FISCAL IMPACT

There is no fiscal impact to the General Fund resulting from the issuance of the Bonds.

4840-8081-1162v2/024502-0003


RESOLUTION NO. 02:19/20

RESOLUTION REQUESTING BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO ESTABLISH A TAX RATE FOR BONDS

OF THE HERMOSA BEACH CITY ELEMENTARY SCHOOL DISTRICT

EXPECTED TO BE SOLD DURING FISCAL YEAR 2019-20, AND

AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH.

WHEREAS, this Board of Education (the “Board”) of the Hermosa Beach City Elementary

School District (the “District”), located in Los Angeles County (the “County”), California, is

authorized to, and intends to, issue a series of its bonds for purposes authorized by the voters of the

District on June 7, 2016 (“Measure S”);

WHEREAS, the Board of Supervisors of the County is required to take action approving a

tax rate for payment of indebtedness of the District during Fiscal Year 2019-20, and it is the

responsibility of the Auditor-Controller of the County to calculate the tax rate for the Board of

Supervisors’ action thereon;

WHEREAS, this Board has determined that it is not possible or advisable to issue the next

series of the District’s bonds in time to permit the Auditor-Controller of the County, or other

appropriate County official, to calculate the tax rate necessary to pay debt service on such bonds in

order that such tax rate may be reflected on 2019-20 property tax bills of taxpayers in the District;

WHEREAS, the Education Code of the State of California provides that the Board of

Supervisors of each county shall annually, at the time of making the levy of taxes for county

purposes, estimate the amount of money required to meet the payment of the principal of and

interest on the bonds authorized by the electors of the District and not sold, and which the Board of

Education of the District informs the Board of Supervisors in their belief will be sold before the

next tax levy, and further provides that the Board of Supervisors shall levy a tax sufficient to pay

the principal and interest so estimated; and

WHEREAS, this Board deems it necessary and desirable to issue one series of the District’s

bonds authorized by Measure S during Fiscal Year 2019-20 pursuant to applicable provisions of the

Government Code, and that the County levy a tax for payment on debt service estimated to come

due on such bonds during Fiscal Year 2019-20, and believes that such bonds will be sold during

Fiscal Year 2019-20.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF

HERMOSA BEACH CITY ELEMENTARY SCHOOL DISTRICT:

Section 1. Recitals. All of the above recitals are correct.

Section 2. Estimate of Tax Levy. The Superintendent of the District or such other

officer of the District as the Superintendent may designate in writing (each, an “Authorized District

Representative”), are hereby authorized and directed to prepare, or cause the municipal advisor to

the District to prepare, an estimate of all payments of principal and interest which shall become due

on a series of Measure S bonds of the District expected to be sold during Fiscal Year 2019-20, and

2 4840-8081-1162v2/024502-0003

to cause the debt service schedule so prepared to be provided to the Board of Supervisors and the

Auditor-Controller of the County and to any other officers of the County responsible for preparing

the tax levy for bonds of the District and for levying the tax. The District estimates that the sale of

its Measure S bonds shall be in the amount of $23,000,000, an amount within the District’s

authorized but unissued bonds for Measure S, and are expected to be sold in September 2019.

Section 3. Request to County to Levy Tax. The Board of Supervisors of the County is

hereby requested, in accordance with Education Code Sections 15252-15254, to adopt a tax rate for

bonds of the District expected to be sold during Fiscal Year 2019-20, based upon the estimated debt

service schedule to be prepared in accordance with Section 2 above, and to levy a tax in Fiscal Year

2019-20 on all taxable property in the District sufficient to pay the estimated debt service for such

bonds prior to the receipt of tax proceeds in Fiscal Year 2020-21. The proceeds of such tax shall be

deposited into the debt service fund of the District established pursuant to the Education Code for

bonds of the District.

Section 4: Application of Tax Proceeds. In the event that the bonds of the District are

not sold during Fiscal Year 2019-20, or sold in such amount and on such terms that the proceeds of

the tax requested in Section 3 hereof, or any portion thereof, are not required for payment of debt

service due on the series of Measure S bonds expected to be sold, or payment of other outstanding

bonds of the District payable from the debt service fund of the District, this Board hereby requests

that the Auditor-Controller, or other appropriate official of the County cause the remaining proceeds

of the tax to be held in the District’s debt service fund and applied to debt service on outstanding

bonds of the District.

Section 5. Filing of Resolution. The Secretary of this Board is hereby authorized and

directed to file forthwith a certified copy of this Resolution with the Clerk of the Board of

Supervisors of the County, and to cause copies of this Resolution to be delivered to the Auditor-

Controller and the Treasurer-Tax Collector of the County.

Section 6. Further Authorization. The President of this Board, the Secretary of this

Board, or any Authorized District Representative, shall be and they are hereby authorized and

directed to take such additional actions consistent with the intent of this Resolution in connection

with the sale of the bonds of the District, which any of them deem necessary and desirable to

accomplish the purpose hereof.

3 4840-8081-1162v2/024502-0003

Section 7. Effective Date. This resolution shall take effect from and after its adoption.

PASSED AND ADOPTED this 10th day of July, 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

______________________________________

President of the Board of Education

Attest:

_____________________________________

Clerk of the Board of Board of Education

4 4840-8081-1162v2/024502-0003

STATE OF CALIFORNIA )

) ss

LOS ANGELES COUNTY )

I, Jennifer Cole, do hereby certify that the foregoing is a true and correct copy of Resolution

No. 02:19/20, which was duly adopted by the Board of Education of the Hermosa Beach City

School District at meeting thereof held on the 10th day of July, 2019, and that it was so adopted by

the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By _____________________________________

Clerk of the Board of Board of Education

B-06-19/20

Page 1 of 2





Business Manager

DATE: July 10, 2019

SUBJECT: AWARD OF CONTRACT - INSPECTOR OF RECORD FOR MEASURE S

FACILITIES PROGRAM AT NORTH SCHOOL AND HERMOSA VIEW SCHOOL

RECOMMENDATION

It is recommended that the Board of Education award the contract for the Inspector of Record (IOR) to

Sandy Pringle Associates, Inc. for the Measure S Facilities Program at North School and Hermosa View

School at an hourly rate on an as needed basis.

BACKGROUND

The intent of the Request for Proposals was to obtain information that will enable the District to select a

consultant who will provide the Division of State Architects project inspection services that the District

will require in connection with the construction of the Measure S Facilities Program at North School and

Hermosa View School.

The bid was advertised in the Daily Breeze twice per week for a period of two weeks. The dates of the

advertisement were May 11, 12, 18 and 19, 2019. Bids were due June 17, 2019, prior to 10:00 a.m.

THE FOLLOWING CONTRACTORS SUBMITTED BIDS

CONTRACTOR

CONSULTANT BASE HOURLY RATE

SANDY PRINGLE ASSOCIATES, INC. *** $92.00

TYR, INC. $93.00

KNOWLAND CONSTRUCTION SERVICES $94.00

VITAL INSPECTIONS $96.00

PREMIER INSPECTION SERVICES $107.00

AMERICAN ENGINEERING LABS ELIMINATED

*** - Recommended Award

Budget for the Project is below:

CONTRACTOR/SERVICES

CONSULTANT BASE HOURLY RATE

DSA CLASS 1 PROJECT INSPECTOR $92.00



ADMINISTRATIVE ASSISTANT $65.00

PRINCIPAL NO CHARGE

B-06-19/20

Page 2 of 2

Staff is recommending approval of the bid received from Sandy Pringle Associates, Inc. for the Inspector

of Record (IOR) Services at North School and Hermosa View School on an hourly rate as presented in

the Request for Proposals. Cost for this project will be charged to Measure Building Fund 21, which has

a balance of $19,860,909.42. Project completion period is 2019 – 2022.

1

000834.00018

12754827.1

INSPECTOR SERVICES AGREEMENT

This AGREEMENT is made and entered into this 10th day of July, 2019 by and between the

HERMOSA BEACH CITY SCHOOL DISTRICT (“DISTRICT”), and SANDY PRINGLE

ASSOCIATES, INC. (“INSPECTOR”). The DISTRICT and the INSPECTOR are sometimes referred to

herein singularly as a “PARTY” and collectively as the “PARTIES”. The INSPECTOR and the DISTRICT

do hereby contract and agree as follows:

(A) The INSPECTOR shall at all times be qualified and approved by the Division of the State

Architect (“DSA”), Department of General Services, State of California, and shall at all times maintain

proper qualifications, to perform the duties of and act as General Building Inspector on school building

construction projects and modification of the type for which he/she agrees to perform inspection services.

The INSPECTOR shall be properly registered with the Department of Industrial Relations and qualified to

perform public works in accordance with Labor Code sections 1725.5 and 1771.1 at all times during the

term of this AGREEMENT.

(B) Services to be Provided by the INSPECTOR. The INSPECTOR shall provide to the

DISTRICT on the terms set forth herein all the services articulated in Section (C) of this AGREEMENT

and as set forth in the INSPECTOR’s Proposal which shall be attached hereto and incorporated herein as

EXHIBIT “A” (the “INSPECTOR’s PROPOSAL”). The PARTIES agree that the terms of this

AGREEMENT shall be controlling over any of the terms contained within the INSPECTOR’s PROPOSAL.

(C) The INSPECTOR agrees to discharge the duties of an inspector as specified in California

Education Code Sections 17309 and 17311 and Sections 4-333 and 4-342 of Title 24 of the California Code

of Regulations. These duties include, but are not limited to, the following:

(1) General. The INSPECTOR shall act under the direction of the architect and registered

engineer. The Inspector shall attend all planning, pre-construction conferences, project

meetings, and/or meetings as required by the DISTRICT.

(2) Duties. The general duties of the INSPECTOR in fulfilling his/her responsibilities are as

follows:

(a) Continuous Inspection Requirement. The INSPECTOR must have actual personal

knowledge, which is obtained by his or her personal and continuous inspection of the work

of construction in all stages of its progress, as set forth in California Education Code

Section 17309, that the requirements of the approved plans and specifications are being

completely executed.

Continuous inspection means complete inspection of every part of the work. Work, such

as concrete work or brick work which can be inspected only as it is placed, shall require

the constant presence of the INSPECTOR. Other types of work which can be completely

inspected after the work is installed may be carried on while the INSPECTOR is not

present. In any case, the INSPECTOR must personally inspect every part of the work. In

no case shall the INSPECTOR have or assume any duties which will prevent him/her from

providing continuous inspection.

(b) Relations with Architect and Engineer. The INSPECTOR shall work under the general

direction of the architect or registered engineer. All inconsistencies or seeming errors in

2 000834.00018

12754827.1

the plans and specifications shall be reported promptly to the architect or registered

engineer for his interpretation and instructions. In no case, however, shall the instruction

of the architect or registered engineer be construed to cause work to be done which is not

in conformity with approved plans, specifications, and change orders. Interpretations

received by the INSPECTOR which cause deviations from the approved drawings and

specifications shall be referred to the responsible architect for preparation of change orders

to cover the required work.

(c) Job File.

(i) The INSPECTOR shall keep a Job File on the PROJECT jobsite at all times in an

organized manner (along with a back-up of the files on some other media such as a hard

drive or back-up electronic file service). The INSPECTOR’s Job File shall be readily

accessible to the DSA, the DISTRICT, Project Architect/Engineer upon site visits and upon

request. The INSPECTOR’s Job File shall include all documents required to be maintained

on a school construction site in accordance with Title 24 including, but not limited to, the

following:

(A) Form DSA 152 – Project Inspection Card(s)

(B) DSA approved plans and specifications;

(C) DSA approved Form DSA 103 – Statement of Structural Tests and Special

Inspections

(D) Deferred submittals as required by the DSA approved plans;

(E) DSA approved addenda and revisions;

(F) DSA approved Construction Change Documents;

(G) Contractor submittals (construction schedule, shop drawings, material

certificates, products labels, concrete trip tickets, etc.) as required by the

DSA approved Construction Documents;

(H) Communication log; all communications and project related meeting

minutes/notes;

(I) Deviation Notices (Form DSA 154), as delivered to the DSA, Project

Architect/Engineer and Contractor with log listing all notices with

resolution status;

(J) Notices of Deviations/Resolution of Deviations (Form DSA 154);

(K) Inspector Daily Reports;

(L) Laboratory tests and inspection reports (Form DSA 291);

(M) Special inspection reports (Form DSA 292);

(N) Geotechnical reports (Form DSA 293);

(O) Records of concrete placing operations;

(P) Records of welding operations;

(Q) Records of pile driving operations;

(R) Verified reports from all parties required to file verified reports;

(S) Completed semi-monthly reports;

(T) DSA Field Trip Notes;

(U) Project Inspector Notifications (Form DSA 151;

(V) Contractor Notification to Project Inspector Commencement/Completion

of Work (Form DSA 156);

(W) Certificate of Compliance – Approved Bleacher/Grandstand Fabricator

(Form DSA 130);

(X) Applicable codes and referenced standards;

(Y) Any other documents required to provide a complete record of

3 000834.00018

12754827.1

construction.

The INSPECTOR shall notify the DISTRICT immediately when the Architect, Engineer,

Contractor, Laboratory of Record, Special Inspector, or any other party involved in the

construction of the PROJECT, has failed to timely prepare and submit any of the above

documents to the DSA and/or the INSPECTOR as required by Title 24 and PR 13-01. Any

references to the DSA requirements, DSA forms, documents, manuals applicable to the

PROJECT shall be deemed to include and incorporate any revisions or updates thereto.

(ii) The INSPECTOR shall provide the DISTRICT with a copy of the entire Job File

with the exception of the building codes and standards at the completion of the PROJECT.

(iii) Notwithstanding any other requirements in this AGREEMENT or Title 24, the

INSPECTOR shall ensure that copies of the following documents are submitted to the DSA

from the INSPECTOR’s Job File which shall hereinafter be collectively referred to as the

“DSA Document Submittal”:

(A) All completed Form DSA 152 documents required for the completion of

the PROJECT;

(B) All completed Form DSA 6PI documents including interim and final

verified reports;

(C) All completed Form DSA 6AE documents including interim and final

verified reports;

(D) The completed Form DSA 6C documents from each contractor having a

contract with the SCHOOL;

(E) All completed Form DSA 292 documents including interim and final

reports prepared by the Special Inspectors;

(F) All completed Form DSA 291 documents including interim and final

reports prepared by the Engineering Manager of the Laboratory of Record;

(G) All completed Form DSA 293 documents including interim and final

reports prepared by the Geotechnical Engineer;

(H) The completed Form DSA 130 Certificate of Compliance for Bleachers

and Grandstand Fabricator as applicable.

(iv) The documents making up the DSA Document Submittal shall be submitted to the

DSA upon any of the following events:

(A) The services of the INSPECTOR are terminated for any reason prior to the

completion of the PROJECT;

(B) The PROJECT is substantially complete in accordance with DSA

requirements;

(C) The work on the PROJECT is suspended for a period of more than one (1)

year; or

(D) Upon the request of the DSA.

(v) The INSPECTOR shall immediately return any unapproved documents to the

Architect for proper action and notify the DSA if the Contractor proceeds with construction

activities in accordance with such unapproved documents.

(vi) All documents required to be submitted to the DSA by the INSPECTOR in

accordance with Title 24, PR 13-01 and this AGREEMENT shall also be submitted

4 000834.00018

12754827.1

electronically in accordance with the DSA’s approved procedures for the submittal of such

documents.

(d) Project Inspection Cards.

(i) The INSPECTOR shall obtain the Project Inspection Cards (“PIC”) (Form DSA

152) necessary for the inspection of the PROJECT from the Project Architect/Engineer for

the INSPECTOR’s use in approving and signing off work as it is completed on the

PROJECT. The Inspector shall notify the DSA Regional Office with the construction

oversight authority over the PROJECT, by phone and electronically, if construction

commences without the INSPECTOR having received the PIC’s necessary for the

inspection and completion of the PROJECT.

(ii) The INSPECTOR shall complete each PIC as the work progresses pursuant to Title

24, the DSA 152 Manual, PR 13-01 and this AGREEMENT. The INSPECTOR shall not

approve and sign off a block or section on a PIC unless the INSPECTOR has verified that:

(1) the identified work is in compliance with the DSA approved Construction Documents;

(2) all required testing and special inspections have been completed; (3) any and all

deviations from the DSA approved Construction Documents have been resolved; (4) all

DSA field trip note issues have been resolved; and (5) all required documentation has been

received by the INSPECTOR.

(iii) The INSPECTOR shall post all PIC’s in the INSPECTOR’s Project File and shall

electronically post the PIC’s with the DSA as work is being completed on the PROJECT.

Electronic posting of the PIC’s shall be performed by emailing the PIC’s to the DSA

Regional Office with the construction oversight authority over the PROJECT. The

INSPECTOR shall consistently update the PIC’s as work on the PROJECT is being

completed. Each time the INSPECTOR updates the PIC’s in the INSPECTOR’s Project

File, the INSPECTOR shall simultaneously update the corresponding PIC posted

electronically with the DSA to ensure the PIC’s in the INSPECTOR’s Project File are

current and consistent with the PIC’s that are posted electronically with the DSA. The

INSPECTOR shall allow any party involved in the construction of the PROJECT to review

any PIC at the INSPECTOR’s office upon request. The INSPECTOR shall provide a

current copy of any PIC to the DSA, the DISTRICT, Project Architect/Engineer or any

other state agency upon request.

(iv) The INSPECTOR shall collect copies of the Interim Verified Reports prepared by

the Project Architect/Engineer (Form DSA 6-AE) prior to the INSPECTOR’s approval and

sign off of the following sections of the PIC’s as applicable:

(A) Initial Site Work;

(B) Foundation;

(C) Vertical Framing;

(D) Horizontal Framing;

(E) Appurtenances;

(F) Non-Building Site Structures;

(G) Finish Site Work;

(H) Other Work; or

(I) Final.

5 000834.00018

12754827.1

If the Project Architect/Engineer has delegated responsibility for any portion of the

PROJECT’s design to other engineers, the INSPECTOR shall likewise obtain copies of the

Interim Verified Reports prepared by such engineers (Form DSA 6-AE) prior to the

INSPECTOR’s approval and sign off of the above sections of the PIC’s as they relate to

the portions of the PROJECT that were delegated to the other engineers. In the case of a

Geotechnical engineer, the INSPECTOR shall collect a copy of the Interim Verified Report

(Form DSA 293) prepared by such Geotechnical engineer as applicable before the

INSPECTOR can approve and sign off any of the above sections that relate to the portions

of the PROJECT that were delegated to the Geotechnical engineer.

(v) The INSPECTOR shall collect a copy of the necessary Interim Verified Reports

(Form DSA 291) prepared by the Laboratory of Record prior to the INSPECTOR

approving and signing off any sections of the PIC’s which require testing or special

inspections by the employees of the Laboratory of Record as required by the DSA approved

Construction Documents including, but not limited to, the following sections:


(B) Foundation;



(E) Appurtenances;



(H) Other Work; or

(I) Final.

(vi) The INSPECTOR shall collect a copy of the necessary Interim Verified Reports

(Form DSA 292) prepared by any Special Inspector not employed by the Laboratory of

Record prior to the INSPECTOR approving and signing off any sections of the PIC’s which

require special inspections by such Special Inspectors as required by the DSA approved

Construction Documents including, but not limited to, the following sections:


(B) Foundation;



(E) Appurtenances;



(H) Other Work; or

(I) Final.

(vii) The INSPECTOR shall obtain the original PIC’s for the in-plant construction of

any relocatable building being placed on the PROJECT site as part of the PROJECT at the

time such relocatable building is delivered to the PROJECT site. The INSPECTOR shall

post such PIC’s in the INSPECTOR’s Project File and with the DSA. The INSPECTOR

shall also provide the DISTRICT and the Project Architect/Engineer with copies of the

PIC’s from the in-plant construction of the relocatable buildings that were prepared by the

in-plant project inspector.

6 000834.00018

12754827.1

(viii) The INSPECTOR shall immediately notify the DSA Regional Office with

construction oversight authority over the PROJECT, by phone and electronically, if

applicable blocks/sections of any PIC have not been signed off by the INSPECTOR and

the Contractor on the PROJECT is proceeding with construction activities that are covering

the unapproved work.

(e) Testing and Special Inspections.

(i) The INSPECTOR shall obtain a copy of the DSA approved Statement of Structural

Tests and Special Inspections (Form DSA 103) from the Project Architect/Engineer prior

to the commencement of construction and maintain a copy of the approved DSA 103 form

in the INSPECTOR’s Project File for the duration of the PROJECT. The INSPECTOR

shall thoroughly review and evaluate the approved Form DSA 103 for the PROJECT and

be familiar with the required testing and special inspections program required by the DSA

approved Construction Documents.

(ii) The INSPECTOR shall meet with the Project Architect/Engineer, DISTRICT and

Contractor as needed throughout the completion of the PROJECT to verify, acknowledge

and coordinate the testing and special inspection program required by the DSA approved

Construction Documents.

(iii) The INSPECTOR shall meet with the Laboratory of Record and all Special

Inspectors that are not employed by the Laboratory of Record to verify, acknowledge and

coordinate the testing and special inspection program required by the DSA approved

Construction Documents. The INSPECTOR shall ensure that the Laboratory of Record

and all Special Inspectors obtain copies of the DSA approved Construction Documents and

a copy of the approved Statement of Structural Tests and Special Inspections (Form DSA

103) prior to the commencement of construction on the PROJECT.

(iv) The INSPECTOR shall verify that each laboratory providing materials/structural

testing is approved by the DSA to provide the services being performed by such laboratory

in connection with the completion of the PROJECT. The INSPECTOR shall verify that

all Special Inspectors employed by the Laboratory of Record are performing under the

supervision of the Engineering Manager of the Laboratory of Record. The INSPECTOR

shall verify the current certification of all Special Inspectors working on the PROJECT

who are not employed by the Laboratory of Record prior to the commencement of any

construction work that requires special inspection as required by the DSA approved

Construction Documents.

(v) INSPECTOR shall monitor the work of the Laboratory of Record and all Special

Inspectors who are not employed by the Laboratory of Record to ensure that all testing and

special inspections required for the completion of the PROJECT are performed timely and

satisfactorily. The INSPECTOR shall verify that all necessary tests and special inspections

are completed and that all necessary reports are collected by the INSPECTOR and posted

in the INSPECTOR’s Project File and posted electronically with the DSA prior to the start

of the construction work requiring such test and/or special inspections and prior to the

INSPECTOR signing off or otherwise approving any block/section of a PIC that requires

testing and/or special inspection according to the DSA approved Construction Documents.

(vi) Copies of all daily inspection reports, special daily inspection reports, Interim

Verified Reports, Verified Reports and any other reports related to the testing and special

7 000834.00018

12754827.1

inspections performed on the PROJECT, pursuant to the DSA approved Construction

Documents, shall be maintained and posted in the INSPECTOR’s Project File throughout

the duration of the PROJECT. All testing and special inspection related reports obtained

by the INSPECTOR pursuant to this Section (C)(2)(e) shall also be posted electronically

with the DSA.

(f) Inspector’s Semimonthly Reports. The INSPECTOR shall keep the architect or registered

engineer thoroughly informed as to the progress of the work by making semimonthly

reports in writing as required in Section 4-342 of Title 24 of the California Code of

Regulations. See also sample of semimonthly report in Appendix of Title 24 of the

California Code of Regulations.

(g) Inspector’s Daily Report to District. The INSPECTOR shall keep the DISTRICT

thoroughly informed as to the progress of the work by submitting daily reports in writing

to the DISTRICT. Such reports shall include, but not be limited to, the following

information:

(i) Activities performed by the Contractors, and areas where work is performed with

relation to the plans and specifications.

(ii) Manpower assigned to the Contractor and subcontractor(s), including the number of

individuals in each trade and the type of work being performed.

(iii) Weather conditions.

(iv) Equipment and materials delivered to the site.

(v) Construction equipment and vehicles utilized and duration on PROJECT.

(vi) Nature and location of the work being performed (starting and completion dates for

various portions of the work).

(vii) Verbal communication and clarifications of the work given to the Contractor awarded

the PROJECT.

(viii) Inspection by representatives of regulatory agencies.

(ix) Occurrences or conditions that might affect Contract Sum or Contract Time.

(x) Visitors to the site, titles, and employers of visitors, and reasons for visit.

(xi) INSPECTOR’s record journal to include “Pertinent Calls” relating to conflicting issues

regarding changes to documents, i.e., plans, specifications, change orders and job

conditions affecting the interests of the DISTRICT.

(xii) Any work or material in place that does not correspond with the codes, drawings or

specifications, as well as resulting action taken. List any other problems or abnormal

occurrences that arise during each day, including notations of any particular lack of

activity on the part of the Contractor. Note corrective actions taken.

(xiii) Times of day INSPECTOR was present on site.

8 000834.00018

12754827.1

(h) Notifications to Division of the State Architect. The INSPECTOR shall notify the Division

of the State Architect:

(i) When work is started on the PROJECT.

(ii) At least 48 hours in advance of the time when foundation trenches will be complete,

ready for footing forms.

(iii) At least 48 hours in advance of the first pour of concrete.

(iv) When work is suspended for a period of more than two weeks.

(i) Construction Procedure Records. The INSPECTOR shall keep a record of certain phases

of construction procedure including, but not limited to, the following:

(i) Concrete pouring operations. The record shall show the time and date of placing

concrete and the time and date of removal of forms in each portion of the structure.

(ii) Welding operations. The record shall include identification marks of welders, lists of

defective welds, manner of correction of defects, etc.

(iii) Penetration under the last ten (10) blows for each pile when piles are driven for

foundations.

All records of construction procedure shall be kept on the job until the completion of the

work. All records kept by the INSPECTOR arising out of or in any way connected with

the PROJECT shall be and remain the property of the DISTRICT. At the end of each

individual PROJECT, the INSPECTOR shall provide to the DISTRICT with all PROJECT

documentation in a professional format, both in binders and on a computer CD.

A complete and accurate copy of all records kept or created by the INSPECTOR arising

under or connected in any way to the PROJECT shall be furnished by the INSPECTOR to

the DISTRICT immediately upon written demand by the DISTRICT.

(j) Deviations. The INSPECTOR shall notify the contractor, in writing, of any deviations

from the approved plans and specifications which are not immediately corrected by the

contractor when brought to his/her attention. Copies of such notice shall be forwarded

immediately to the architect or registered engineer, and to the Division of the State

Architect.

Failure on the part of the INSPECTOR to notify the contractor of deviations from the

approved plans and specifications shall in no way relieve the contractor of any

responsibility to complete the work covered by his/her contract in accordance with the

approved plans and specifications and all laws and regulations.

(k) Verified Reports. The INSPECTOR shall make and submit to the Division of the State

Architect verified reports pursuant to Section 3-342 of Title 24 of the California Code of

Regulations. The INSPECTOR shall prepare and deliver to the Division of the State

Architect detailed statements of fact regarding materials, operations, etc., when requested.

9 000834.00018

12754827.1

(l) Violations. Failure, refusal, or neglect on the part of the INSPECTOR to notify the

contractor of any work which does not comply with the requirements of the approved plans

and specifications, or failure, refusal, or neglect to report immediately, in writing, any such

violation to the architect or registered engineer, to the school board, and to the Division of

the State Architect shall constitute a violation of the Field Act and shall be cause for the

Division of the State Architect to take action.

(D) Insurance. The INSPECTOR shall purchase and maintain policies of insurance with an

insurer or insurers, qualified to do business in the State of California and acceptable to

DISTRICT which will protect the INSPECTOR and DISTRICT from claims which may arise out

of or result from the INSPECTOR’s actions or inactions relating to the AGREEMENT, whether

such actions or inactions be by themselves or by anyone directly or indirectly employed by any of

them, or by anyone for whose acts any of them may be liable. The aforementioned insurance shall

include coverage for:

(1) Workers’ Compensation and Employers Liability Insurance in accordance with the laws of the

State of California. However, in no event shall such policy limit be less than $1,000,000.00.

(2) Comprehensive general liability insurance with limits of not less than TWO MILLION

DOLLARS ($2,000,000.00) and automobile liability insurance with limits not less than ONE

MILLION DOLLARS ($1,000,000.00) for bodily injury and property damage liability per

occurrence, including:

a. Owned, non-owned and hired vehicles at cash value;

b. Blanket contractual;

c. Broad form property damage;

d. Products/completed operations; and

e. Personal injury.

(3) Professional liability insurance, including contractual liability, with limits of One Million

Dollars ($1,000,000), per occurrence. Such insurance shall be maintained during the term of

this AGREEMENT and renewed for a period of at least five (5) years thereafter and/or at rates

consistent with the time of execution of this AGREEMENT adjusted for inflation. In the event

that INSPECTOR subcontracts any portion of INSPECTOR’s duties, INSPECTOR shall

require any such subcontractor to purchase and maintain insurance coverage as provided in this

subparagraph. Failure to maintain professional liability insurance is a material breach of this

AGREEMENT and grounds for immediate termination.

(4) Each policy of insurance required in Section D(2) above shall name DISTRICT and its officers,

agents and employees as additional insureds; shall state that, with respect to the operations of

the INSPECTOR hereunder, such policy is primary and any insurance carried by DISTRICT

is excess and non-contributory with such primary insurance; shall state that not less than thirty

(30) days’ written notice shall be given to DISTRICT prior to cancellation; and, shall waive all

rights of subrogation. The INSPECTOR shall notify DISTRICT in the event of material change

in, or failure to renew, each policy. Prior to commencing work, the INSPECTOR shall deliver

to DISTRICT certificates of insurance as evidence of compliance with the requirements herein.

In the event the INSPECTOR fails to secure or maintain any policy of insurance required

hereby, DISTRICT may, at its sole discretion, secure such policy of insurance in the name of

and for the account of the INSPECTOR, and in such event, the INSPECTOR shall reimburse

DISTRICT upon demand for the cost thereof.

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(E) The DISTRICT agrees to pay the INSPECTOR in accordance with the rate and price schedule

information set forth in EXHIBIT “A”. This AGREEMENT is based on estimated Time and Material

expense. In no event shall the total payment to INSPECTOR under this AGREEMENT exceed the

Estimated Project Inspection Cost (“INSPECTION COST”) of (see attached fee amendment based on

hourly rates, inclusive of all Reimbursable Expenses, for all services performed and expenses incurred

pursuant to this AGREEMENT.

(F) The INSPECTOR agrees to discharge the duties as set out in this contract in a manner

satisfactory to the Division of the State Architect and the Architect retained by the DISTRICT. The

INSPECTOR shall devote each working day to the inspection of NORTH SCHOOL AND VIEW SCHOOL

(hereinafter referred to as the “PROJECT(S)”.

(G) Termination. This AGREEMENT may be terminated by either PARTY upon fourteen (14)

days written notice to the other PARTY in the event of a substantial failure of performance by such other

PARTY, including insolvency of the INSPECTOR; or if the DISTRICT should decide to abandon or

indefinitely postpone the PROJECT.

(1) In the event of a termination based upon abandonment or postponement by DISTRICT,

the DISTRICT shall pay INSPECTOR for all services performed and all expenses incurred under

this AGREEMENT supported by documentary evidence, including payroll records, and expense

reports up until the date of the abandonment or postponement plus any sums due the

INSPECTOR for Board approved extra services. In ascertaining the services actually rendered

hereunder up to the date of termination of this AGREEMENT, consideration shall be given to

both completed work and work in process of completion and other documents whether delivered

to the DISTRICT or in the possession of the INSPECTOR. In the event termination is for a

substantial failure of performance, all damages and costs associated with the termination,

including increased inspection and replacement inspector costs shall be deducted from payments

to the INSPECTOR.

(2) In the event a termination for cause is determined to have been made wrongfully or without

cause, then the termination shall be treated as a termination for convenience in accordance with

Paragraph (G)(3) below, and INSPECTOR shall have no greater rights than it would have had if a

termination for convenience had been effected in the first instance. No other loss, cost, damage,

expense or liability may be claimed, requested or recovered by INSPECTOR.

(3) This AGREEMENT may be terminated without cause by DISTRICT upon fourteen (14) days

written notice to INSPECTOR. In the event of a termination without cause, the DISTRICT shall

pay INSPECTOR for all services performed and all expenses incurred under this AGREEMENT

supported by documentary evidence, including payroll records, and expense reports up until the

date of notice of termination plus any sums due the INSPECTOR for Board approved extra

services.

(4) In the event the INSPECTOR is terminated, with or without cause, the INSPECTOR shall

personally provide all the original PIC’s prepared or obtained by the INSPECTOR in connection

with the PROJECT to the assuming DSA inspector or the DSA as directed by the DISTRICT. All

original PIC’s must be provided to the DSA assuming inspector or the DSA, as applicable, within

48 hours of the effective date of the INSPECTOR’s termination. Under no circumstances shall the

INSPECTOR withhold any original PIC’s related to the PROJECT upon the INSPECTOR’s

termination. The INSPECTOR shall be responsible for any delays on the PROJECT that arise out

of the INSPECTOR’s failure to provide the original PIC’s to the assuming DSA inspector or the

DSA as directed by the DISTRICT in accordance with this section. Upon the effective date of the

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INSPECTOR’s termination, the INSPECTOR shall provide copies of all current PIC’s in the

INSPECTOR’s Project File to the DISTRICT along with all other documents detailed in Section

(C)(2)(c) of this AGREEMENT.

(5) In the event of a dispute between the PARTIES as to performance of the work or the

interpretation of this AGREEMENT, or payment or nonpayment for work performed or not

performed, the PARTIES shall attempt to resolve the dispute. Pending resolution of this dispute,

the INSPECTOR agrees to continue the work diligently to completion. If the dispute is not

resolved, the INSPECTOR agrees it will neither rescind the AGREEMENT nor stop the progress

of the work, but the INSPECTOR’s sole remedy shall be to submit such controversy to

determination by a court having competent jurisdiction of the dispute, after the PROJECT has been

completed, and not before.

(6) THE DISTRICT AND INSPECTOR UNDERSTAND AND AGREE THAT SECTION (G)

OF THIS AGREEMENT SHALL GOVERN ALL TERMINATION RIGHTS AND

PROCEDURES BETWEEN THE PARTIES. ANY TERMINATION PROVISION THAT IS

ATTACHED TO THIS AGREEMENT AS AN EXHIBIT SHALL BE VOID AND

UNENFORCEABLE BETWEEN THE PARTIES.

(H) Hold Harmless. To the fullest extent permitted by law, the INSPECTOR agrees to indemnify,

defend and hold the DISTRICT entirely harmless from all liability arising out of:

(1) Workers’ Compensation and Employers’ Liability. Any and all claims under Workers’

Compensation acts and other employee benefit acts with respect to the INSPECTOR’s employees

or the INSPECTOR’s subcontractor’s employees arising out of INSPECTOR’s work under this

AGREEMENT; and

(2) General Liability. Liability for damages for (a) death or bodily injury to person; (b) injury to,

loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or

(d) any other loss, damage or expense arising under either (a), (b), or (c) herein this paragraph,

sustained by the INSPECTOR or any person, firm or corporation employed by the INSPECTOR

related to, founded upon or in connection with this AGREEMENT, except for liability resulting

from the sole or active negligence, or willful misconduct of the DISTRICT, its officers, employees,

agents or independent consultants who are directly employed by the DISTRICT;

(3) Professional Liability. Any loss, injury to or death of persons or damage to property caused by

any act, neglect, default or omission of the INSPECTOR, or any person, firm or corporation

employed by the INSPECTOR, either directly or by independent contract, including all damages

due to loss or theft, sustained by any person, firm or corporation including the DISTRICT, arising

out of, or in any way connected with the PROJECT, including injury or damage either on or off

DISTRICT property; but not for any loss, injury, death or damages caused by the sole or active

negligence, or willful misconduct of the DISTRICT.

(4) Business Automobile Liability. Liability for bodily injury or property damage claims arising

out of the use of owned, hired, or non-owned automobiles operated by the INSPECTOR, its

officers, agents, employees or anyone employed by the INSPECTOR, in connection with work

performed under this AGREEMENT.

(5) INSPECTOR, at INSPECTOR’s own expense, cost, and risk, shall defend any and all claims,

actions, suits, or other proceedings that may be brought or instituted against the DISTRICT, its

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12754827.1

officers, agents or employees on account of or founded upon any of the causes, damages or injuries

identified herein Section (H) and shall pay or satisfy any judgment that may be rendered against

the DISTRICT, its officers, agents or employees in any action, suit or other proceedings as a result

thereof.

(6) THE PARTIES UNDERSTAND AND AGREE THAT SECTION (H) OF THIS

AGREEMENT SHALL BE THE SOLE INDEMNITY, AS DEFINED BY CALIFORNIA CIVIL

CODE § 2772, GOVERNING THIS AGREEMENT. ANY OTHER INDEMNITY THAT MAY

BE ATTACHED TO THIS AGREEMENT AS AN EXHIBIT OR OTHERWISE INCLUDED IN

THE CONSULTANT’S TERMS AND CONDITIONS SHALL BE VOID AND

UNENFORCEABLE BETWEEN THE PARTIES.

(7) ANY ATTEMPT TO LIMIT THE INSPECTOR’S LIABILITY TO THE DISTRICT IN AN

ATTACHED EXHIBIT SHALL BE VOID AND UNENFORCEABLE BETWEEN THE

DISTRICT AND THE INSPECTOR.

(I) Independent Contractor. INSPECTOR, in the performance of this AGREEMENT, shall be and

act as an independent contractor. The INSPECTOR understands and agrees that INSPECTOR and all of

INSPECTOR’s employees shall not be considered officers, employees or agents of the DISTRICT, and are

not entitled to benefits of any kind or nature normally employees of the DISTRICT and/or to which

DISTRICT’s employees are normally entitled, including, but not limited to, State Unemployment

Compensation or Workers’ Compensation. The INSPECTOR assumes the full responsibility for the acts

and/or omissions of the INSPECTOR’s employees or agents as they relate to the services to be provided

under this AGREEMENT. The INSPECTOR shall assume full responsibility for of all prevailing wages

and all federal, state and local taxes or contributions, including unemployment insurance, social security

and income taxes for the respective INSPECTOR’s employees. INSPECTOR shall fully defend and

indemnify the DISTRICT from any claims, damages or any liability arising from or related to DISTRICT

or its subcontractors’ failure to comply with any applicable prevailing wage laws and requirements.

(J) Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause

of action in favor of any third party against either the DISTRICT or the INSPECTOR.

(K) The DISTRICT and the INSPECTOR, respectively, bind themselves, their partners, officers

successors, assigns and legal representatives to the other PARTY to this AGREEMENT with respect to the

terms of this AGREEMENT. The INSPECTOR shall not assign this AGREEMENT.

(L) This AGREEMENT shall be governed by the laws of the State of California.

(M) Each of the PARTIES have had the opportunity to, and have to the extent each deemed

appropriate, obtained legal counsel concerning the content and meaning of this AGREEMENT. Each of the

PARTIES agrees and represents that no promise, inducement or agreement not herein expressed has been

made to effectuate this AGREEMENT. This AGREEMENT represents the entire AGREEMENT between

the DISTRICT and INSPECTOR and supersedes all prior negotiations, representations or agreements,

either written or oral. This AGREEMENT may be amended or modified only by an agreement in writing

signed by both the DISTRICT and the INSPECTOR.

(N) THIS AGREEMENT SHALL NOT INCLUDE OR INCORPORATE THE TERMS OF ANY

GENERAL CONDITIONS, CONDITIONS, MASTER AGREEMENT OR ANY OTHER

BOILERPLATE TERMS OR FORM DOCUMENTS PREPARED BY THE INSPECTOR. THE

ATTACHMENT OF ANY SUCH DOCUMENT TO THIS AGREEMENT AS “A” SHALL NOT BE

INTERPRETED OR CONSTRUED TO INCORPORATE SUCH TERMS INTO THIS AGREEMENT

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12754827.1

UNLESS THE DISTRICT APPROVES OF SUCH INCORPORATION IN A SEPARATE WRITING

SIGNED BY THE DISTRICT. REFERENCE TO SUCH BOILERPLATE TERMS AND CONDITIONS

IN THE PROPOSAL OR QUOTE SUBMITTED BY THE INSPECTOR SHALL BE NULL AND VOID

AND HAVE NO EFFECT UPON THIS AGREEMENT. PROPOSALS, QUOTES, STATEMENT OF

QUALIFICATIONS AND OTHER SIMILAR DOCUMENTS PREPARED BY THE INSPECTOR MAY

BE INCORPORATED INTO THIS AGREEMENT AS EXHIBIT “A” BUT SUCH INCORPORATION

SHALL BE STRICTLY LIMITED TO THOSE PARTS DESCRIBING THE INSPECTOR’S SCOPE OF

WORK, RATE AND PRICE SCHEDULE AND QUALIFICATIONS.

(O) Time is of the essence with respect to all provisions of this AGREEMENT.

(P) This AGREEMENT will be liberally construed to effectuate the intention of the PARTIES with

respect to the transaction described herein. In determining the meaning of, or resolving any ambiguities

with respect to, any word, phrase or provision of this AGREEMENT, neither this AGREEMENT nor any

uncertainty or ambiguity be construed or resolved against either PARTY (including the PARTY primarily

responsible for drafting and preparation of this AGREEMENT), under any rule of construction or

otherwise, it being expressly understood and agreed that the PARTIES have participated equally or have

had equal opportunity to participate in the drafting hereof.

(Q) If either PARTY becomes involved in litigation arising out of this AGREEMENT or the

performance thereof, each PARTY shall bear its own litigation costs and expenses, including reasonable

attorney’s fees.

(R) All exhibits referenced herein and attached hereto shall be deemed incorporated into and made

a part of this AGREEMENT by this reference as though fully set forth in each instance in the text hereof

unless otherwise excluded by this AGREEMENT.

(S) This AGREEMENT is not a valid or enforceable obligation against the DISTRICT until

approved or ratified by motion of the Governing Board of the District duly passed and adopted.

(T) Assignment. INSPECTOR shall not assign or transfer this AGREEMENT or any interests of

INSPECTOR herein without the prior written approval of the DISTRICT. Any such attempt by the

INSPECTOR to assign or transfer this AGREEMENT or any of the INSPECTOR’s interests set forth herein

without the DISTRICT’s written approval shall be void and shall be given no force or effect. No individual

person assigned to provide the services hereunder for the PROJECT may be changed or substituted without

the prior written consent of the DISTRICT. Such consent may be given or withheld in the DISTRICT’s

absolute discretion.

(U) Administration. The INSPECTOR shall produce, or shall hire the necessary independent

contractors and/or consultants needed to produce, a clerically smooth product for the DISTRICT and for

the INSPECTOR’s routine correspondence with the DISTRICT. These clerical services shall be provided

at no additional expense to the DISTRICT.

(V) Conflict of Interest. The INSPECTOR hereby represents, warrants and covenants that: (i) at

the time of execution of this AGREEMENT, the INSPECTOR has no interest and shall not acquire any

interest in the future, whether direct or indirect, which would conflict in any manner or degree with the

performance of services under this AGREEMENT; and (ii) the INSPECTOR shall not employ in the

performance of services under this AGREEMENT any person or entity having such an interest.

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12754827.1

The PARTIES, through their authorized representatives, have executed this AGREEMENT as of

the day and year first written above.

INSPECTOR: DISTRICT:

Sandy Pringle and Associates, Inc. Hermosa Beach City School District

By: By:

______________________________ ______________________________

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12754827.1

EXHIBIT “A”

INSPECTOR CERTIFICATION HOURLY

PROJECT INSPECTOR CLASS 1 $92.00



ADMINISTRATIVE ASSISTANT $65.00

Sandy Pringle Associates, Inc. 1108 Sartori Ave., Suite 300 Torrance, California 90501 Tel: (310) 787-8811 Fax: (310) 787-8833

Page 1 of 2 Hermosa Beach City School District Measure S Projects – North & View Schools

PROPOSAL FOR DSA PROJECT INSPECTION AMENDMENT #1

SCHOOL DISTRICT: Hermosa Beach City School District

PROJECTS: Measure S Projects – North & View Schools

INSPECTOR: DSA Class 1 Project Inspector – Brian McCarthy

HOURLY RATES:

Job Title Hourly Overtime Premium DSA Class 1 Project Inspector $92.00 $138.00 $184.00 DSA Class 2 Project Inspector $82.00 $123.00 $164.00 DSA Class 3 Project Inspector $72.00 $108.00 $144.00 Administrative Assistant $65.00 N/A N/A Principal No Charge No Charge No Charge

1. Sandy Pringle Associates, Inc. (CONSULTANT) will provide the services of a Certified DSA Project Inspector per the requirements of the DISTRICT. Inspections shall be per CBC, Title 24 and approved plans and specifications. Proposal is based on observation, report and final verified report if applicable and project closeout.

2. Project Inspector shall inspect and verify that Contractor’s As-Built documents are maintained and kept up to date; review all contractor pay requests; attend all construction meetings; and maintain on-site logs of daily work progress and workers on site.

3. PROJECT SCOPE: Inspection services for Measure S Projects at North School and View School.

4. Construction Inspection Services to include:

a) On-site throughout duration of the project. b) Attend weekly meeting. c) Attend project meetings as necessary. d) Prepare daily reports. e) Act as a liaison with regulatory agencies. f) Document the construction progress with photographs. g) Monitor progress and completion of as-built drawings. h) Schedule testing and inspection job activities. i) Inspection duties and responsibilities as described in CCR Title 24, Part 1,

Section 4342. j) This is a DSA approved project. Consultant will comply with all DSA

procedures and standards.

B-07-19/20

Page 1 of 2





Business Manager

DATE: July 10, 2019

SUBJECT: AWARD OF CONTRACT – MATERIALS TESTING AND CONSULTING

SERVICES FOR THE MEASURE S FACILITIES PROGRAM AT NORTH SCHOOL

AND HERMOSA VIEW SCHOOL

RECOMMENDATION

It is recommended that the Board of Education award the contract for the materials testing and consulting

services to Koury Engineering & Testing, Inc., for the Measure S Facilities Program at North School and

Hermosa View School at an hourly rate on an as needed basis.

BACKGROUND

The intent of the Request for Proposals was to obtain information that will enable the District to select a

consultant to provide services for various on-going capital facility projects, including but not limited to:

new construction, renovation, reconstruction projects, program-wide projects, infrastructure projects

and/or maintenance projects, and other projects related to property ownership. Pursuant to the Measure S

Facilities Program at North School and Hermosa View School.

Consultants will perform the services for materials testing and special inspections in accordance with Title

24, California Code of Regulations and Instructions on Division of the State Architect, Structural Tests

and Inspections Form 103.

The bid was advertised in the Daily Breeze twice per week for a period of two weeks. The dates of the

advertisement were May 11, 12, 18 and 19, 2019. Bids were due June 17, 2019, prior to 10:00 a.m.

THE FOLLOWING FIRMS SUBMITTED BIDS

FIRM NAME

CONSULTANT HOURLY RATE

APEX TESTING LABORATORIES, INC. $95.00

CONVERSE CONSULTANTS $120.00

KOURY ENGINEERING & TESTING, INC. $85.00

LEIGHTON CONSULTING, INC. $89.00

MTGL, INC. $85.00

NINYO & MOORE $109.00

RMA GROUP $96.00

UNITED-HEIDEL $98.00

B-07-19/20

Page 2 of 2

RECOMMENDING APPROVAL:

FIRM NAME

CONSULTANT HOURLY RATE

KOURY ENGINEERING & TESTING, INC. $85.00

Staff is recommending approval of the bid received from Koury Engineering & Testing, Inc., for materials

testing and consulting services at North School and Hermosa View School on an hourly rate as presented

in the Request for Proposals. Cost for this project will be charged to Measure S Building Fund 21, which

has a balance of $19,860,909.42. Project completion period is 2019 – 2022.

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CONSULTANT SERVICES AGREEMENT (SPECIAL INSPECTION AND/OR TESTING SERVICES)

This AGREEMENT is made and entered into this 10th day of July in the year 2019 (“EFFECTIVE DATE”), by and between the Hermosa Beach City School District, hereinafter referred to as the “DISTRICT”, and KOURY ENGINEERING & TESTING, INC., hereinafter referred to as “CONSULTANT”. The DISTRICT and the CONSULTANT are sometimes referred to herein singularly as a “PARTY” and collectively as the “PARTIES”. This AGREEMENT is made with reference to the following facts:

WHEREAS, the DISTRICT requires services and/or advice of a highly specialized and technical nature in connection with certain financial, economic, accounting, consulting and/or administrative matters, and such services and advice are not available within the DISTRICT, and cannot be performed satisfactorily by DISTRICT employees; and

WHEREAS, CONSULTANT possesses the necessary expert knowledge, experience, and ability to perform services not available through DISTRICT personnel, and CONSULTANT is specially experienced and competent to provide to the DISTRICT certain specialized services and/or advice in one or more of the foregoing areas;

WHEREAS, DISTRICT desires to obtain specialized services and/or advice for special inspections and/or testing services at NORTH SCHOOL AND HERMOSA VIEW SCHOOL, hereinafter referred to as the “PROJECT”; and

WHEREAS, CONSULTANT has indicated its willingness and commitment to provide its specialized services and/or advice to the DISTRICT on the terms hereafter set forth in this AGREEMENT.

NOW, THEREFORE, the PARTIES hereto agree that the above recitals are true and correct, and further as follows:

ARTICLE I - SCOPE AND SERVICES TO BE PROVIDED BY CONSULTANT

1. Services to be Provided by the CONSULTANT. The CONSULTANT shall perform its services hereunder in a professional manner, using the degree of care and skill ordinarily exercised by, and consistent with, the current professional practices and standards of a professional (providing services like the CONSULTANT) practicing in California. The CONSULTANT shall provide to the DISTRICT on the terms set forth herein all the services articulated in this AGREEMENT and as set forth in the

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CONSULTANT’s PROPOSAL which shall be attached hereto and incorporated herein as Exhibit “A” (“PROPOSAL”). The CONSULTANT shall also provide all services required in the DISTRICT’s Request for Qualifications (“RFQ”). The PARTIES agree to incorporate the terms and conditions of the RFQ into this AGREEMENT by this reference and the PARTIES understand that the RFQ shall constitute a binding part this AGREEMENT. The PARTIES agree, however, that if there are any conflicts, discrepancies or ambiguities in the terms and conditions of this AGREEMENT and the CONSULTANT’s PROPOSAL and/or the RFQ, this AGREEMENT govern and control.

2. Classification. To the extent it is determined under applicable law that CONSULTANT fails to meet the statutory prerequisites for classification as a professional expert operating under a personal services agreement, CONSULTANT resigns any and all rights and privileges derived from this AGREEMENT and any resulting relationship, which resignation is deemed accepted under such circumstances by the DISTRICT.

3. CONSULTANT’s Certifications, Representations and Warranties. CONSULTANT makes the following certifications, representations, and warranties for the benefit of the DISTRICT and CONSULTANT acknowledges and agrees that the DISTRICT, in deciding to engage CONSULTANT pursuant to this AGREEMENT, is relying upon the truth and validity of the following certifications, representations and warranties and their effectiveness throughout the term of this AGREEMENT and the course of CONSULTANT’s engagement hereunder:

a. CONSULTANT is qualified in all respects to provide to the DISTRICT all of the services contemplated by this AGREEMENT and, to the extent required by any applicable laws, CONSULTANT has all such licenses and/or governmental approvals as would be required to carry out and perform for the benefit of the DISTRICT, such services as are called for hereunder.

b. CONSULTANT, in providing the services and in otherwise carrying out its obligations to the DISTRICT under this AGREEMENT, shall, at all times, comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, including workers’ compensation and equal protection and non- discrimination laws.

c. The CONSULTANT will perform its services hereunder in a professional manner, using the degree of care and skill ordinarily exercised by, and consistent with, the current professional practices and standards of a professional practicing in California. The CONSULTANT will furnish, at its expense, those services that are set forth in this AGREEMENT and Exhibits and represents that the services set forth in said Exhibits are within the technical and professional areas of expertise of the CONSULTANT or any subconsultant the CONSULTANT has engaged or will engage to perform the service(s). The DISTRICT shall request in writing if the DISTRICT desires the CONSULTANT to provide services in addition to, or different from, the services described in this AGREEMENT and Exhibits. The CONSULTANT shall advise the DISTRICT in writing of any services that, in the

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CONSULTANT’s opinion, lie outside of the technical and professional expertise of the CONSULTANT.

4. CONSULTANT has been selected to perform the work herein because of the skills and expertise of key individuals. Services under this AGREEMENT shall be performed only by competent personnel under this supervision of and/or in the employment of the CONSULTANT. CONSULTANT shall conform to DISTRICT’s reasonable requests regarding assignment of personnel. All personnel, including those assigned at DISTRICT’s request, shall be supervised by CONSULTANT.

5. CONSULTANT shall not change any of the key personnel without prior written approval by the DISTRICT, unless said personnel cease to be employed by CONSULTANT. In either case, DISTRICT shall be allowed to interview and approve replacement personnel. CONSULTANT agrees that reassignment of any of the listed personnel during the AGREEMENT period shall only be with other professional personnel who have equivalent experience and shall require prior consultation and written approval by the DISTRICT. Any costs associated with reassignment of personnel shall be borne exclusively by CONSULTANT and CONSULTANT shall not charge the DISTRICT for the cost of training or “bringing up to speed” replacement personnel. If any designated lead or key person fails to perform to the satisfaction of the DISTRICT, then upon written notice the CONSULTANT shall immediately remove that person from the PROJECT and provide a temporary replacement. CONSULTANT shall within thirty (30) work days, provide a permanent replacement person acceptable to the DISTRICT. DISTRICT may condition its approval of replacement personnel upon a reasonable transition period wherein new personnel will learn the PROJECT and get “up to speed” at CONSULTANT’s cost.

6. CONSULTANT represents that the CONSULTANT has no existing interest and will not acquire any interest, direct or indirect, which would create a conflict of interest in violation of any applicable laws, and that no person having any such interest shall be employed by CONSULTANT.

ARTICLE II - CONSULTANT’S SERVICES AND RESPONSIBILITIES

1. The CONSULTANT shall perform all special inspections and testing services in conformance with the PROJECT’s approved Construction Documents, applicable codes and code references.

2. The CONSULTANT shall meet with the Construction Manager, the Architect/Engineer, Structural Engineer and the DISTRICT as needed throughout the completion of the PROJECT to verify, acknowledge and coordinate the special inspection and testing program required by the approved Construction Documents for the PROJECT and this AGREEMENT.

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3. The CONSULTANT shall keep the Construction Manager, the Architect/Engineer, the Structural Engineer and the DISTRICT informed of all special inspections, testing and/or PROJECT related activities being performed by the CONSULTANT in order to ensure that all testing and special inspections required for the completion of the PROJECT are performed timely and satisfactorily. The CONSULTANT shall keep the Construction Manager, Architect/Engineer, Structural Engineer and the DISTRICT thoroughly informed as to the progress of the work by submitting detailed daily reports, in writing, to the Construction Manager which outline the work inspected and/or tested. The CONSULTANT shall submit the detailed daily reports to the Construction Manager on the same day the inspections, testing and/or PROJECT related activities are performed and shall provide the Architect/Engineer, Structural Engineer and the DISTRICT with a copy of such reports. The CONSULTANT shall also submit daily special inspection reports in a timely manner to the Construction Manager so as not to delay the PROJECT. However, in no event shall the CONSULTANT submit a special inspection report to the Construction Manager later than fourteen (14) days from the date the special inspections are performed. The CONSULTANT shall provide a copy of each daily special inspection report to the Architect/Engineer, Structural Engineer and the DISTRICT on the day the original report is submitted to the Construction Manager.

4. In the event the CONSULTANT identifies construction and/or material deviations from the approved Construction Documents in connection with the work being completed on the PROJECT, the CONSULTANT shall immediately issue a written report of such deviations to the Construction Manager and DISTRICT.

5. If applicable, the CONSULTANT and any subcontractors (of any tier) performing work pursuant to this AGREEMENT must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of this AGREEMENT. CONSULTANT shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout the term of this AGREEMENT and in no event shall CONSULTANT be granted increased payment from the DISTRICT a result of CONSULTANT’s efforts to maintain compliance with the Labor Code or any requirements implemented by the DIR. Failure to comply with these requirements shall be deemed a material breach of this AGREEMENT and grounds for termination for cause. If applicable, the CONSULTANT and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the DISTRICT or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

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ARTICLE III TERMINATION

1. This AGREEMENT may be terminated by either PARTY upon fourteen (14) days written notice to the other PARTY in the event of a substantial failure of performance by such other PARTY, including insolvency of CONSULTANT; or if the DISTRICT should decide to abandon or indefinitely postpone the PROJECT.

2. In the event of a termination based upon abandonment or postponement by DISTRICT, the DISTRICT shall pay to the CONSULTANT for all services performed and all expenses incurred under this AGREEMENT supported by documentary evidence, including payroll records, and expense reports up until the date of the abandonment or postponement plus any sums due the CONSULTANT for Board approved extra services. In ascertaining the services actually rendered hereunder up to the date of termination of this AGREEMENT, consideration shall be given to both completed work and work in process of completion and to complete and incomplete drawings, reports and/or other documents whether delivered to the DISTRICT or in the possession of the CONSULTANT. In the event termination is for a substantial failure of performance, all damages and costs associated with the termination, including increased consultant and replacement consultant costs shall be deducted from payments to the CONSULTANT.

3. In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience in accordance with Article III, Section 4 below, and CONSULTANT shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by CONSULTANT.

4. This AGREEMENT may be terminated without cause by DISTRICT upon fourteen (14) days written notice to the CONSULTANT. In the event of a termination without cause, the DISTRICT shall pay to the CONSULTANT for all services performed and all expenses incurred under this AGREEMENT supported by documentary evidence, including payroll records, and expense reports up until the date of notice of termination plus any sums due the CONSULTANT for Board approved extra services.

5. In the event of a dispute between the PARTIES as to performance of the work or the interpretation of this AGREEMENT, or payment or nonpayment for work performed or not performed, the PARTIES shall attempt to resolve the dispute. Pending resolution of this dispute, CONSULTANT agrees to continue the work diligently to completion. If the dispute is not resolved, CONSULTANT agrees it will neither rescind the AGREEMENT nor stop the progress of the work, but CONSULTANT’s sole remedy shall be to submit such controversy to determination by a court having competent jurisdiction of the dispute, after the PROJECT has been completed, and not before. The PARTIES may agree in writing to submit any dispute between the PARTIES to arbitration.

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6. The PARTIES understand and agree that Article III of this AGREEMENT shall govern all termination rights and procedures between the PARTIES. Any termination provision that is attached to this AGREEMENT as an Exhibit shall be void and unenforceable between the PARTIES.

ARTICLE IV - REPORTS AND/OR OTHER DOCUMENTS

The reports and/or other documents (regardless of format or medium) that are prepared, reproduced, maintained and/or managed by the CONSULTANT or CONSULTANT’s consultants in accordance with this AGREEMENT, shall be and remain the property of the DISTRICT (hereinafter “PROPERTY”). The DISTRICT may provide the CONSULTANT with a written request for the return of its PROPERTY at any time. Upon CONSULTANT’s receipt of the DISTRICT’s written request, CONSULTANT shall return the requested PROPERTY to the DISTRICT. CONSULTANT may retain a confidential file copy of the PROPERTY with all originals being returned to the DISTRICT. Failure to provide the PROPERTY to the DISTRICT within ten (10) calendar days after the CONSULTANT’s receipt of the DISTRICT’s written request shall be deemed a material breach of this AGREEMENT.

ARTICLE V - ACCOUNTING RECORDS OF THE CONSULTANT

Records of the CONSULTANT’s direct personnel and expenses pertaining to any extra services provided by the CONSULTANT, which are in addition to those services already required by this AGREEMENT, and any records of accounts between the DISTRICT and CONSULTANT shall be kept on a generally recognized accounting basis and shall be available to the DISTRICT or DISTRICT’s authorized representative at mutually convenient times.

ARTICLE VI - COMPENSATION TO THE CONSULTANT

1. The DISTRICT shall compensate the CONSULTANT as follows:

a. The DISTRICT agrees to pay the CONSULTANT in accordance with the rate and price schedule information set forth in Exhibit “A” for performing the basic services set forth in Article I, Article II and Exhibit “A” of this AGREEMENT. In no event shall the total payment to CONSULTANT exceed $85.00 DOLLARS PER HOUR for performing the basic services set forth in this AGREEMENT and Exhibit “A” of this AGREEMENT. Payment under this section includes the cost of the geotechnical observation, engineering and testing services necessary for the

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PROJECT including the furnishing of all materials, apparatus, labor and any required insurance for exploration procedures, sampling, field and laboratory testing, preparing and submitting boring logs and reports and other geotechnical services as set forth in Exhibit “A”.

b. The CONSULTANT shall invoice all fees and/or costs monthly for the basic services that are provided in accordance with this AGREEMENT from the time the CONSULTANT begins work on the PROJECT. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT detailing all the fees associated with the applicable progress or services performed, reimbursable expenses (if any), and Additional Services (if any) incurred for the monthly billing period. Invoices requesting reimbursement for expenses incurred during the billing period must clearly list items for which reimbursement is being requested and be accompanied by proper documentation (e.g., receipts, invoices), including a copy of the DISTRICT’s authorization notice for the invoiced item(s), if applicable. Invoices requesting payment for Additional Services must reflect the negotiated compensation previously approved by the DISTRICT and include a copy of the DISTRICT’s written authorization notice approving the Additional Services and the additional compensation approved by the DISTRICT. No payments will be made by the DISTRICT to the CONSULTANT for monthly invoices requesting reimbursable expenses or Additional Services absent the prior written authorization of the DISTRICT. The DISTRICT’s prior written authorization is an express condition precedent to any payment by the DISTRICT for Additional Services or reimbursable expenses and no claim by the CONSULTANT for additional compensation related to Additional Services or reimbursable expenses shall be valid absent such prior written approval by the DISTRICT.

c. The DISTRICT shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon.

ARTICLE VII ADDITIONAL CONSULTANT

SERVICES

1. The CONSULTANT shall notify the DISTRICT in writing of the need for additional services required due to circumstances beyond the CONSULTANT’s control (“Additional Services”). The CONSULTANT shall obtain written authorization from the DISTRICT before rendering Additional Services. Compensation for all valid Additional Services shall be negotiated and approved in writing by the DISTRICT before such Additional Services are performed by the CONSULTANT. No compensation shall be paid to the CONSULTANT for any Additional Services that are not previously approved by the DISTRICT in writing. Additional services shall include:

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a. Making material revisions in reports or other documents when such revisions are required by the enactment or revision of laws, rules or regulations subsequent to the preparation and completion of such documents.

b. Preparing reports and other documentation and supporting data, and providing other services in connection with project modifications required by causes beyond the control of the CONSULTANT which are not the result of the direct or indirect negligence, errors or omissions on the part of CONSULTANT.

c. If the DISTRICT requests additional shifts to complete the services articulated in Articles I and II where the requests for additional shifts do not arise from the direct or indirect negligence, errors or omissions on the part of CONSULTANT. The CONSULTANT’s compensation is expressly conditioned on the lack of fault of the CONSULTANT.

d. Providing any other services not otherwise included in this AGREEMENT or not customarily furnished in accordance with the generally accepted practice in the CONSULTANT’s industry.

ARTICLE VIII REIMBURSABLE XPENSES

1. Reimbursable expenses are in addition to compensation for basic and extra services, and shall be paid to the CONSULTANT at one and one-tenth (1.1) times the expenses incurred by the CONSULTANT, the CONSULTANT’s employees and consultants for the following specified items unless otherwise approved by the DISTRICT in writing:

a. Approved reproduction of plans, drawings, specifications, reports and/or other documents.

b. Fees advanced for securing approval of authorities in connection with the services rendered pursuant to this AGREEMENT.

2. Reimbursable expenses are estimated to be TBD, and this amount shall not be exceeded without the prior written approval of the DISTRICT.

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ARTICLE IX MISCELLANEOUS

1. To the fullest extent permitted by law, CONSULTANT agrees to indemnify, and hold DISTRICT entirely harmless from all liability arising out of:

a. Workers Compensation and Employers Liability: Any and all claims under Workers’ Compensation acts and other employee benefit acts with respect to CONSULTANT’s employees or CONSULTANT’s subcontractor’s employees arising out of CONSULTANT’s work under this AGREEMENT, except for liability resulting from the sole or active negligence, or willful misconduct of the DISTRICT, its officers, employees, agents or independent consultants who are directly employed by the DISTRICT; and

b. General Liability: Liability for damages for (1) death or bodily injury to person; (2) injury to, loss or theft of property; (3) any failure or alleged failure to comply with any provision of law or (4) any other loss, damage or expense arising under either (1), (2), or (3) above, sustained by the DISTRICT, or any person, firm or corporation employed by the CONSULTANT or the DISTRICT upon or in connection with this AGREEMENT or the PROJECT, except for liability resulting from the sole negligence or willful misconduct of the DISTRICT, its officers, employees, agents or independent consultants who are directly employed by the DISTRICT. The CONSULTANT, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the DISTRICT, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT, its officers, agents or employees in any action, suit or other proceedings as a result thereof; and

c. Professional Liability: Any loss, injury to or death of persons or damage to property caused by any act, neglect, default or omission of the CONSULTANT, or any person, firm or corporation employed by the CONSULTANT, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation including the DISTRICT, arising out of, or in any way connected with the Construction Management Services, including injury or damage either on or off DISTRICT property; but not for any loss, injury, death or damages caused by sole negligence or willful misconduct of the DISTRICT.

d. The PARTIES understand and agree that Article IX, Section 1 of this AGREEMENT shall be the sole indemnity, as defined by California Civil Code § 2772, governing this AGREEMENT. Any other indemnity that may be attached to this AGREEMENT as an Exhibit shall be void and unenforceable between the PARTIES.

e. Any attempt to limit the CONSULTANT’s liability to the DISTRICT in an attached exhibit shall be void and unenforceable between the DISTRICT and the

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CONSULTANT. In no event shall the CONSULTANT’s liability be limited to the amount of the CONSULTANT’s fees for the PROJECT or any other amount.

2. CONSULTANT shall purchase and maintain policies of insurance with an insurer or insurers, authorized to do business in the State of California and acceptable to DISTRICT which will protect CONSULTANT and DISTRICT from claims which may arise out of or result from CONSULTANT’s actions or inactions relating to the AGREEMENT, whether such actions or inactions be by themselves or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The aforementioned insurance shall include coverage for:

a. Workers’ Compensation and Employers Liability Insurance in accordance with the laws of the State of California. However, such amount shall not be less than ONE MILLION DOLLARS ($1,000,000).

b. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) per annual aggregate; and automobile liability insurance with limits not less than One Million Dollars ($1,000,000.00) combined single limit for each accident and for bodily injury and property damage liability, including:

1. Owned, non-owned and hired vehicles;

2. Blanket contractual;

3. Broad form property damage;

4. Products/completed operations; and

5. Personal injury.

c. Professional liability insurance, including contractual liability, with limits of Two Million Dollars ($2,000,000), per occurrence and Four Million Dollars ($4,000,000.00) per annual aggregate. Such insurance shall be maintained during the term of this AGREEMENT and renewed for a period of at least five (5) years thereafter and/or at rates consistent with the time of execution of this AGREEMENT adjusted for inflation. In the event that CONSULTANT subcontracts any portion of CONSULTANT’s duties, CONSULTANT shall require any such subcontractor to purchase and maintain insurance coverage as provided in this subparagraph. Failure to maintain professional liability insurance is a material breach of this AGREEMENT and grounds for immediate termination.

d. Valuable Document Insurance. The CONSULTANT shall carry adequate insurance on all drawings, specifications and reports as may be required to protect the DISTRICT in the amount of its full equity in those drawings, specifications and reports, and shall file with the DISTRICT a certificate of that insurance. The cost

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of that insurance shall be paid by the CONSULTANT, and the DISTRICT shall be named as a loss payee.

e. Each policy of insurance required in Article IX, Section 2(b) above shall name DISTRICT and its officers, agents and employees as additional insureds; shall state that, with respect to the operations of CONSULTANT hereunder, such policy is primary and any insurance carried by DISTRICT is excess and non- contributory with such primary insurance; shall state that not less than thirty (30) days’ written notice shall be given to DISTRICT prior to cancellation; and, shall waive all rights of subrogation. CONSULTANT shall notify DISTRICT in the event of material change in, or failure to renew, each policy. Prior to commencing work, CONSULTANT shall deliver to DISTRICT certificates of insurance as evidence of compliance with the requirements herein. In the event CONSULTANT fails to secure or maintain any policy of insurance required hereby, DISTRICT may, at its sole discretion, secure such policy of insurance in the name of and for the account of CONSULTANT, and in such event CONSULTANT shall reimburse DISTRICT upon demand for the cost thereof.

f. In the event that CONSULTANT subcontracts any portion of CONSULTANT’s duties, CONSULTANT shall require any such subcontractor to purchase and maintain insurance coverage for the types of insurance referenced in Article IX, Sections 2(a), (b), (c), and (d), in amounts which are appropriate with respect to that subcontractor’s part of work which shall in no event be less than $1,000,000 per occurrence.

3. CONSULTANT, in the performance of this AGREEMENT, shall be and act as an independent contractor. CONSULTANT understands and agrees that CONSULTANT and all of CONSULTANT’s employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of the DISTRICT and/or to which DISTRICT’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker’s Compensation. CONSULTANT assumes the full responsibility for the acts and/or omissions of CONSULTANT’s employees or agents as they relate to the services to be provided under this AGREEMENT. CONSULTANT shall assume full responsibility for payment of any applicable prevailing wages and all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes for the respective CONSULTANT’s employees. CONSULTANT shall fully defend and indemnify the DISTRICT from any claims, damages or any liability arising from or related to CONSULTANT or its subcontractors’ failure to comply with any applicable prevailing wage laws and requirements.

4. Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of any third party against either the DISTRICT or CONSULTANT.

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5. The DISTRICT and CONSULTANT, respectively, bind themselves, their partners, officers, successors, assigns and legal representatives to the other PARTY to this AGREEMENT with respect to the terms of this AGREEMENT. CONSULTANT shall not assign this AGREEMENT.

6. This AGREEMENT shall be governed by the laws of the State of California.

7. This AGREEMENT shall not include or incorporate the terms of any general conditions, conditions, master agreement or any other boilerplate terms or form documents prepared by the CONSULTANT. The attachment of any such document to this AGREEMENT as Exhibit “A” shall not be interpreted or construed to incorporate such terms into this AGREEMENT unless the approves of such incorporation in a separate writing signed by the DISTRICT. Any reference to such boilerplate terms and conditions in the proposal or quote submitted by the CONSULTANT shall be null and void and have no effect upon this AGREEMENT. Proposals, quotes, statement of qualifications and other similar documents prepared by the CONSULTANT may be incorporated into this AGREEMENT as Exhibit “A” but such incorporation shall be strictly limited to those parts describing the CONSULTANT’s scope of work, rate and price schedule and qualifications.

8. Each of the PARTIES have had the opportunity to, and have to the extent each deemed appropriate, obtained legal counsel concerning the content and meaning of this AGREEMENT. Each of the PARTIES agrees and represents that no promise, inducement or agreement not herein expressed has been made to effectuate this AGREEMENT. This AGREEMENT represents the entire AGREEMENT between the DISTRICT and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended or modified only by an agreement in writing signed by both the DISTRICT and the CONSULTANT.

9. Time is of the essence with respect to all provisions of this AGREEMENT.

10. This AGREEMENT shall be construed as if all PARTIES hereto, and each of them, prepared it and any uncertainty or ambiguity shall not be interpreted to favor one PARTY over any other PARTY.

11. If either PARTY becomes involved in litigation arising out of this AGREEMENT or the performance thereof, each PARTY shall bear its own litigation costs and expenses, including reasonable attorney’s fees.

12. All Exhibits referenced herein and attached hereto shall be deemed incorporated into and made a part of this AGREEMENT by each reference as though fully set forth in each instance in the text hereof with the exception of those documents or provisions that are subject to the exclusions specifically set forth in this AGREEMENT. In the event that the provisions of any Exhibit conflict with the terms of this AGREEMENT, the terms of this AGREEMENT shall control.

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13. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, and the counterparts shall constitute one and the same instrument, all of which shall be sufficient evidence of this AGREEMENT.

14. Confidentiality. The CONSULTANT shall not disclose or permit the disclosure of any confidential information, except to its agents, employees and other consultants who need such confidential information in order to properly perform their duties relative to this AGREEMENT.

15. Severability. If any portion of this AGREEMENT is held as a matter of law to be unenforceable, the remainder of this AGREEMENT shall be enforceable without such provisions.

16. Notices. All notices or demands to be given under this AGREEMENT by either PARTY to the other shall be in writing and given either by: (a) personal service; or (b) by U.S. Mail, mailed either by registered, overnight, or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally served or if mailed on the fifth day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either PARTY may be changed by written notice given in accordance with the notice provisions of this Paragraph. At the date of this AGREEMENT, the addresses of the PARTIES are as follows:

To the DISTRICT: To the CONSULTANT:

Hermosa Beach City School District 1645 Valley Drive Hermosa Beach, CA 90254

Attn: Paula Montalbo, Business Manager (310) 937-5877, Ext: 218, [email protected]

Attn: Nancy Bartolo, OAR (310) 699-1810 [email protected]

17. Tobacco Prohibited. Any tobacco use (smoking, chewing, etc.) by anyone, is prohibited at all times on any DISTRICT property.

18. Profanity on any DISTRICT property is prohibited, including, but not limited to, racial, ethic, or sexual slurs or comments which could be considered harassment.

19. Appropriate Dress is Mandatory. Therefore, tank tops, cut-offs and shorts are not allowed. Additionally, what is written or pictured on clothing must comply with the requirements of acceptable language as stated above in Paragraph 18 above.

mailto:[email protected]

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20. Images. If applicable, the CONSULTANT is prohibited from capturing on any visual medium images of any property, logo, student, or employee of the DISTRICT, or any image that represents the DISTRICT without express written consent from the DISTRICT.

21. Pursuant to and in accordance with the provisions of Government Code section 8546.7 or any amendments thereto, all books, records and files of CONSULTANT, or any subconsultant connected with the performance of this AGREEMENT involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of DISTRICT or as a part of any audit of DISTRICT, for a period of three (3) years after final payment is made under this AGREEMENT. CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period.

22. Prevailing Wages. If applicable and required, CONSULTANT shall pay, and shall cause all subconsultants of every tier to pay, not less than the specified prevailing wage rates, to the extent applicable, to all workers employed to perform work or Services under this AGREEMENT. CONSULTANT shall fully indemnify and defend the DISTRICT from any claims arising from CONSULTANT’s failure to meet and prevailing wage requirements.

22. Education Code Section 45125.1. During the entire term of this AGREEMENT, CONSULTANT shall fully comply with the provision of Education Code sections 45125.1 (Fingerprinting Requirements), when it is determined that the CONSULTANT will have contract with pupils in the performance of services under this AGREEMENT. See Exhibit “B” attached.

23. This AGREEMENT is not a valid or enforceable obligation against the DISTRICT until approved or ratified by motion of the BOARD of the DISTRICT duly passed and adopted.

The PARTIES, through their authorized representatives, have executed this

AGREEMENT as of the day and year first written above.

CONSULTANT: DISTRICT:

Koury Engineering & Testing, Inc Hermosa Beach City School District

By: By: Paula Montalbo, Business Manager

______________________________ _______________________________ Signature Signature

Koury Engineering, Inc. • Chino, CA (909) 606-6111 • www.kouryengineering.com19-0637 page 8

INSPECTORS Materials Inspector (Concrete, Masonry, Structural Steel and Welding, Fireproofing, Shotcrete) ......................... $ Specialty Inspector (Glu-Lam Beams/Trusses at Fab Shop/Med Gas/ Add. Specialty Inspections) ...................... $ Soils Inspector (Soils, Asphalt, Piles) .............................................................................................................. $ Nuclear Gauge Equipment ............................................................................................................................................ $

85.00 Per Hour Quote Per Hour 85.00 Per Hour 35.00 Per Day

Soils Inspector Mileage ................................................................................................................................................ $ n/aSoils Inspector Travel Time (portal to portal) ................................................................................................................. n/a

NON-DESTRUCTIVE TESTING AND ADDITIONAL SERVICESLab Technician - 1 man & equipment (Torque, Pull, Pachometer,Schmidt Hammer, Coring) ....................................... $ 115.00 Per HourAsst. Lab Technician ................................................................................................................................................ $ 85.00 Per HourNon-Destructive Testing: UT, PT, MT ............................................................................................................................ $ 115.00 Per HourGround Penetrating Radar – Technician ....................................................................................................................... $ 250.00 Per HourUtility Locating – Technician ......................................................................................................................................... $ 175.00 Per HourAsst. Technician - (GPR and Utility Locating) ................................................................................................................ $ 110.00 Per HourRadiography Technician ............................................................................................................................................... $ 115.00 Per HourRadiography Truck ................................................................................................................................................ $ 195.00 Per Shift Radiography Film ................................................................................................................................................ $ 0.15 Per Sq/InNon-Destructive Testing: Couplant and Dye Penetrant ................................................................................................. $ 60.00 Per gallonParking (if necessary) ................................................................................................................................................ $ Cost Plus 20%Travel Time ................................................................................................................................................ $ Equal to Rate of ServiceMileage ................................................................................................................................................ $ 0.75 Per Mile

FIELD EQUIPMENT CHARGE AND CONSUMABLES Equipment - Skidmore Bolt Tension Calibrator.............................................................................................................. $ 150.00 Per DayEquipment - Skidmore Bolt Tension Indicator ............................................................................................................... $ 65.00 Per DayEquipment – Dry Film Thickness Gauge ....................................................................................................................... $ 40.00 Per DayEquipment – Non-Shrink Grout Mold 2” Cube .............................................................................................................. $ 25.00 Per DayIsotope Depletion 314 ................................................................................................................................................ $ 18.00 EachHazardous Waste Disposal ........................................................................................................................................... $ 15.00 Each

LABORATORY HOURS AND TESTING SERVICESLaboratory hours are 7:00 a.m. through 4:00 p.m., Monday through Friday. Break results available at 8:00 a.m. Additional charges will be made for off-hours, weekends or holidays as follows:

Off-hour Laboratory Operations per hour ...................................................................................................................... $ 500.00 Per HourSaturday Laboratory Operations per hour ..................................................................................................................... $ 500.00 Per HourSunday or Holiday Laboratory Operations per hour ...................................................................................................... $ 750.00 Per Hour Pick Up Sample Trip Charge (2 hour minimum) ............................................................................................................ $ 50.00 Per HourAfter Hours Pick Up Sample Trip Charge ...................................................................................................................... $ 100.00 Per Hour

ASTM Physical Characteristics

SOIL AND AGGREGATEC29 Unit Weight.............................................................................................................................. $ 45.00 Each D4829 Expansion Index .................................................................................................................... $ 95.00 Each C117, D1140 #200 Wash .............................................................................................................................. $ 50.00 Each C136 Particle-Size Distribution - “Sieve” Analysis (retained on # 200 sieve) ................................... $ 85.00 Each D1140, D422 Particle-Size Distribution - Sieve Analysis + Hydrometer Combined ...................................... $ 185.00 Each D4318 Atterberg Limits ....................................................................................................................... $ 110.00 Each D2435 Consolidation .......................................................................................................................... $ 125.00 Each D2419, CTM 217 Sand Equivalent Value of Soil and Fine Aggregate (Set of Three) ......................................... $ 75.00 Each Set C127 Specific Gravity and Absorption (Coarse Aggregate) .............................................................. $ 65.00 Each C128 Specific Gravity and Absorption (Fine Aggregate) .................................................................. $ 95.00 Each D854 Specific Gravity (Soil) .............................................................................................................. $ 95.00 Each D2216 Moisture Content ..................................................................................................................... $ 15.00 EachD2216 Moisture Content Quick #200 ................................................................................................. $ 30.00 Each D3080 Direct Shear (3 Points) ............................................................................................................ $ 200.00 Each D3080 Direct Shear Remolded sample (3 points) .............................................................................. $ 280.00 Each D1557-A,B Maximum Density ................................................................................................................... $ 135.00 Each D1557-C Maximum Density ................................................................................................................... $ 145.00 Each D2844, CTM 301 R-Value (3 Points) ................................................................................................................... $ 300.00 Each CTM 229 Durability Index (coarse & fine) ............................................................................................... $ 250.00 Each

MASTER SCHEDULE OF FEES

Prevailing Wage

ATTENTION ALL SALES STAFF“PLEASE” DO NOT CHANGE THE CYLINDER/SAMPLE RATES

($32/ea ) OR NDT RATES ($115/per hr) WITHOUT PRIOR APPROVAL FROM NICOLE

-or- MICHELE. Thank you,


CTM 229 Durability Index (coarse OR fine) ............................................................................................ $ 150.00 EachC142 Clay Lumps & Friable Particles ............................................................................................... $ 120.00 EachD3744, CT 229 Durability Indext for Coarse Aggregates ................................................................................. $ 150.00 Each

CHEMICAL PROPERTIESCTM 643 Resistivity ................................................................................................................................ $ 75.00 Each CTM 643 pH ........................................................................................................................................... $ 50.00 Each CTM 417 Sulphate .................................................................................................................................. $ 60.00 Each CTM 422 Chloride ................................................................................................................................... $ 60.00 Each CTM 643, 417, 422 Corrosivity Series .................................................................................................................... $ 185.00 Each

ASPHALT CONCRETEC192 Review of Existing Mix Design ................................................................................................ $ 150.00 Each D136 Gradation of Extracted Sample ............................................................................................... $ 70.00 Each D1188 Unit Weight – Molded Specimen or Cores .............................................................................. $ 45.00 Each D2726, D6926 Compacted Maximum Density – MARSHALL ......................................................................... $ 175.00 Each D5581 Field Mix – Marshall – Stability Per Point ................................................................................ Quote

CONCRETEC39 Concrete Cylinders Compression Test (6” x 12”) .................................................................... $ 28.00 Each C469 Concrete Cylinder Compression Test with MOE (Modulus of Elasticity) ................................ $ 350.00 Each C495 Lightweight Fill Concrete (3” x 6”) ........................................................................................... $ 28.00 Each C42 Concrete Cores, 6” Max. Diameter, Includes Core Trim ......................................................... $ 35.00 Each C42 Shotcrete Cores, 6” Max. Diameter, Including Core Trim ....................................................... $ 35.00 Each C42 Gunite Cores, 6” Max. Diameter, Including Core Trim ............................................................ $ 35.00 Each C157 Grout Shrinkage (3 Bars – Four Readings, Up to 90 Days) .................................................... $ 250.00 Set C567 Unit Weight of Hardened Light Weight Concrete .................................................................... $ 35.00 EachC567 Unit Weight of Hardened Light Weight Concrete (Oven Dry) .................................................. $ 100.00 EachC567 Equilibrium Density of Hardened Light Weight Concrete ........................................................ $ 150.00 EachC684 Rapid Cure Concrete Cylinders (Boil Method) ........................................................................ $ 40.00 Each C157 Drying Shrinkage (3 Bars – Four Readings, Up To 90 Days) ................................................. $ 250.00 Set C495 Lightweight Fill Concrete Density ............................................................................................ $ 35.00 Each C138 Density (Unit Weight) of Concrete........................................................................................... $ 30.00 Each Set C173 Air Entrainment Test (Volumetric Method)............................................................................... $ 35.00 Each SetC231 Air Entrainment Test (Pressure Method – Non Lightweight Aggregate) .................................. $ 35.00 Each Set C78 Flexure Test 6” x 6” Beams ..................................................................................................... $ 85.00 Each C496 Splitting Tensile 6” x 12” Cylinders .......................................................................................... $ 85.00 Each F1869 Measuring Moisture Vapor Emission Rate ........................................................................... $ 35.00 EachF2170 Relative Humidity Probe.......................................................................................................... $ 55.00 EachA615 Chemical Analysis ................................................................................................................... $ 300.00 EachF2170 Relative Humidity .................................................................................................................... $ 55.00 EachC42 In Laboratory Core Cutting ...................................................................................................... $ 50.00 Each

MASONRY BLOCK

C780 Mortar Cylinders (2” x 4”) ........................................................................................................ $ 28.00 Each C109 Mortar Cubes (2” x 2”) ............................................................................................................. $ 28.00 Each C1019 Grout Prisms (3” x 6”) ............................................................................................................. $ 28.00 Each C1314 Grouted Prisms Compression (Masonry Assemblage) Test ≤8” x 8” x 16” ............................. $ 95.00 Each C1314 Grouted Prisms Compression (Masonry Assemblage) Test >8” x 8” x 16” ............................. $ 120.00 Each C140 Moisture Content as Received each ....................................................................................... $ 50.00 Each C140 Absorption, 3 Required ........................................................................................................... $ 40.00 Each C140 Measurements ........................................................................................................................ $ 30.00 Each C140 Compression ≤8” x 8” x 16”, Qty 3 Required .......................................................................... $ 45.00 Each C140 Compression >8” x 8” x 16” Qty 3 Required ........................................................................... $ 55.00 Each C426 Linear Shrinkage, Qty 3 Required ........................................................................................... $ 80.00 Each C42 Masonry Core – Compression ................................................................................................ $ 55.00 Each C42 Masonry Core – Shear ............................................................................................................ $ 75.00 Each C42 In Laboratory Core Cutting ...................................................................................................... $ 50.00 Each

STEEL REINFORCINGA615/A706 Tensile No. 8 Bar and Smaller ................................................................................................ $ 55.00 Each A615/A706 Tensile No. 9 To 11 Bar ........................................................................................................... $ 55.00 Each A615/A706 Tensile No. 14 Bar ................................................................................................................... $ 70.00 Each A615/A706 Bend Test No. 8 Bar and Smaller ............................................................................................ $ 55.00 Each A615/A706 Bend Test No. 9 To 11 Bar ...................................................................................................... $ 55.00 Each A615/A706 Bend No.14 Bar ...................................................................................................................... $ 70.00 Each A615/A706 Bend / Tensile Test No. 18 ...................................................................................................... $ 250.00 Each A706 Chemical Analysis ................................................................................................................... $ 300.00 Each A615/A706 Deformation Compliance ........................................................................................................ $ 55.00 Each A615/A706 Cut To Size (for testing)........................................................................................................... $ 10.00 Each


STEEL COUPLED WELDED REINFORCINGA615/A706 Tensile No. 8 Bar and Smaller ................................................................................................ $ 70.00 Each A615/A706 Tensile No. 9 To 11 Bar ........................................................................................................... $ 80.00 Each A615/A706 Tensile No. 14 Bar ................................................................................................................... $ 100.00 Each A615/A706 Tensile No. 18 Bar ................................................................................................................... $ 275.00 Each

STRUCTURAL STEELA370/F606 Bolt Tensile Test ...................................................................................................................... $ 55.00 Each A370/F606 Bolt Proof Test ......................................................................................................................... $ 45.00 Each A370/F606 Nut Proof Test ......................................................................................................................... $ 45.00 Each A370/F606 Nelson Stud Tensile Test ......................................................................................................... $ 115.00 Each A370/F606 Metal Deck Tensile Test (formed sheet metal) ........................................................................ $ 135.00 Each E10 Brinell Hardness Test .............................................................................................................. $ 45.00 Each E18 Rockwell Hardness Test .......................................................................................................... $ 45.00 Each A370/F606 Coupon Tensile Test ................................................................................................................ $ 40.00 Each A370/F606 Coupon Bend Test................................................................................................................... $ 40.00 Each A370/F606 Nut / Bolt / Washer Hardness Test .......................................................................................... $ 45.00 Ea. Pc A90 Metal Deck Coating ................................................................................................................. $ 115.00 Each A370/F606 Machining & Preparation of Samples ...................................................................................... $ 40.00 Each

FIREPROOFINGUBC 43-8 Oven Dry Density .................................................................................................................... $ 45.00 Each UBC 43-8 Adhesive/Cohesion Testing ..................................................................................................... $ 45.00 Each

WELD PROCEDURE AND WELDER QUALIFICATIONSReview Existing Welding Procedure Specification (WPS) report .................................................................................. $ 150.00 Each Review Welding Procedure Qualification (PQR) report................................................................................................. $ 150.00 Each Observe Welder Qualification (AWS/CWI)........................................................................................................See Materials Inspector RateWeld Tensile Test Plate (1-inch thick or less) ................................................................................................................ $ 80.00 Each Weld Bend Test Plate (1-inch thick or less) ................................................................................................................... $ 55.00 Each Weld Macro Etch Plate (1-inch thick or less) ................................................................................................................. $ 70.00 Each Weld Tensile Test Rebar #3 through #9 ........................................................................................................................ $ 90.00 Each Weld Macro Etch Rebar #3 through #9 ......................................................................................................................... $ 70.00 Each Weld Tensile Test Rebar #10 through #14 .................................................................................................................... $ 125.00 Each Weld Macro Etch Rebar #10 through #14 ..................................................................................................................... $ 110.00 Each Weld Tensile Test Rebar #18 ......................................................................................................................................... $ 275.00 Each Weld Macro Etch Rebar #18 ......................................................................................................................................... $ 180.00 Each X-Ray Plate or Rebar in Laboratory (1-inch thick or less) ............................................................................................. $ 150.00 Each

ENGINEERING AND PROFESSIONAL SERVICES

Senior Engineer/ Senior Geologist ................................................................................................................................ $ 180.00 Per HourStaff Engineer/Geologist ............................................................................................................................................... $ 160.00 Per HourProject Manager / Field Supervisor ............................................................................................................................... $ 120.00 Per HourAdministration ................................................................................................................................................ $ 75.00 Per HourDrafter ................................................................................................................................................ $ 85.00 Per HourTest Technicians Lab – Materials .................................................................................................................................. $ 85.00 Per HourCertified Payroll ................................................................................................................................................ $ 75.00 Per WeekCourt Appearance (4-Hour Minimum) ........................................................................................................................... $ 350.00 Per HourPreparation for Court, Consultation (in our Office) ........................................................................................................ $ 250.00 Per HourPreparation for Court, Consultation (Out of our Office, 4-Hour Minimum) .................................................................... $ 250.00 Per HourExpert Witness Testimony (Corporate Officers and Engineers) ................................................................................... Quotation Deposition (portal to Portal, 4-Hour Minimum) .............................................................................................................. $ 275.00 Per Hour

REPORTSFinal Laboratory Verified Report (LVR) DSA-291 (Required for DSA Projects) ............................................................ $ 500.00 Each Interim Report from Engineer ........................................................................................................................................ $ 500.00 Each Review of Existing Mix Design, Determination of Proportions (3 Bus. Day Result) ...................................................... $ 150.00 Each Review of Existing Mix Design, Determination of Proportions (Same Day Result) ....................................................... $ 300.00 EachReport for Special Services / Off Site Testing ............................................................................................................... $ 200.00 Each Final Geotechnical Verified Report (GVR) DSA-293 (Required for DSA Projects) ....................................................... $ 1,000.00 Each

MINIMUM HOURLY CHARGESMinimum charges will apply for 2, 4 & 8 hour blocks defined as follows:

• 2-hour minimum: Inspector shows up, no work requested or performed• 4-hour minimum: 1 to 4 hours.• 8-hour minimum: Work over 4 hours.

Note: Less than 24-hour call-out notice may necessitate premium charges.

P-03-19/20

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DATE: July 10, 2019

SUBJECT: 2019-2020 DECLARATION OF NEED FOR FULLY QUALIFIED

EDUCATORS

RECOMMENDATION

It is recommended that the Board of Education of the Hermosa Beach City School District

hereby declares that there is an insufficient number of certificated persons who meet the district’s

specific employment criteria for the Crosscultural, Language and Academic Development

Certificate (CLAD).

BACKGROUND

At times it is necessary for the school district to obtain or renew emergency permits for teachers

to teach in subject areas where there is a critical shortage of fully credentialed people or for some

long-term substitute teachers. We are submitting the Declaration of Need in order to issue a new

emergency permit for a teacher to obtain an English Learner Authorization. The Commission on

Teacher Credentialing has made it possible for districts to do this once per year with a

declaration from the Board.

The Declaration of Need will remain in effect until June 30, 2020.

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