GERMANTOWN SCHOOL DISTRICT. Notice of Building Committee Meeting January 14, :30 PM

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1 GERMANTOWN SCHOOL DISTRICT Notice of Building Committee Meeting January 14, :30 PM Germantown School District Administration Building N104 W13840 Donges Bay Rd. Germantown, WI AGENDA I. Meeting Called to Order II. III. IV. Roll Call Agenda Revisions and Approval Approve Minutes A. December 17, 2018 V. Reports & Updates A. Director of Buildings & Grounds: Capital Projects & Facility Services B. $84 million Construction Projects & $3.970 million Amy Belle Addition Project VI. VII. Unfinished Business - Discussion with Possible Action A. Owner s Construction Items B. Fund 41 Capital Projects List C. Intergovernmental Agreement with the Village of Germantown and other Village of Germantown related matters New Business - Discussion with Possible Action A. Construction Project(s) Owner s Group Items 1. Change Orders Over $25, Change Orders Over $15,000 less than $25,000 VIII. Adjourn Note: School Board members who are not members of the Building Committee may be present at this Building Committee meeting.

2 GERMANTOWN SCHOOL DISTRICT TO: FROM: Building Committee Ric Ericksen, Director of Business & Auxiliary Services AGENDA ITEM: IV.A. Approve Minutes: December 17, 2018 Meeting Dates ATTACHEMENTS: See next page(s). RECOMMENDATION: Approved as presented.

3 GERMANTOWN SCHOOL DISTRICT Minutes of December 17, 2018 Building Committee Meeting Held at 5:30 p.m. Germantown School District W104 N13840 Donges Bay Road Germantown, WI The meeting of the Building Committee was called to order by Chair Medved at 5:30 p.m. Building Committee Members Present: Brian Medved, Michael Loth, Ray Borden, Mark Koenke, Bob Soderberg, Ric Ericksen Arrived after Village Mtg. Board of Education and District Administration and Staff, Sarah Larson, Jeff Holmes, Don Erickson, Billie Jo Mohn, Representatives from CD Smith Josh Rooker, 2. Motion by Borden to approve the agenda as presented. Second by Loth. Motion carried. 3. Motion by Borden to approve the November 12, 2018 Building Committee minutes as presented. Second by Koenke. Motion carried. 4. Don Erickson led discussions on Capital Projects, and Facility Services by describing the items included in the Committee packet for Committee discussion. Don Erickson described the spread sheet of listed items that was requested and provided in the Committee packet. He described the project totals and what projects were already in process. Committee discussion on the Buildings & Ground budget, snow plowing services, prior budgets, and the possibility of increasing this budget. Loth asked about Germantown High School track resurfacing, and general public use. Don Erickson updated the Committee on the installation of the window tinting that would be installed, District wide on exterior entrance windows. Don Erickson described the situation with the Administration Building AC unit. 5. Rooker came forward and updated the Committee on the referendum construction. Rooker provided the Committee with expected occupany and move in dates for the Performing Arts Center, Pool, Field House, and second floor classrooms at Germantown High School. Rooker described construction that needs to take place at Germantown High School during the Summer of 2019 and work that will take place during Spring break in order to be on schedule for that scheduled Summer work. Rooker described time lines, working second shifts and Saturdays as necessary. Soderberg recommended that discussions and recommendations should be made and provided to the Calendar Committee. Holmes asked Don Erickson to update the Committee on recent air quality tests that were or would be completed at Germantown High School. Rooker described a unit that was on manual instead of auto. The next Building Committee tour was scheduled for December 27, 2019 at 4 p.m., starting at Germantown High School. The Committee and Rooker will discuss ballard locations at Kennedy Middle School during their tour on December 27, Soderberg mentioned different color variations used at Germantown High School for the yellow/gold, and requesting that a consistent pantone/standard color be used moving forward and not

4 waivering from that. Discussion between the Committee and Mohn regarding the Kennedy Middle School desks, what has taken place, and future plans for the desks. Rooker described the plans to remove some cabinets in only one of the new sixth grade science classrooms, before moving forward to removing some cabinets in all three science classrooms. Feedback from the science teachers will be given, before moving forward. Before any other changes are made to any of the Kennedy Middle School science cabinets, Rooker needs to report back to the Committee. Discussion regarding tape that was put down on new floor tiling at Kennedy Middle School by faculty, residue that was left behind when the tape was removed and a chemical that was being provided by CD Smith to try and remove that residue. Rooker updated the Committee and described the changes that have already taken place at Amy Belle School. 6. Ric Ericksen reported that nothing has changed on the Fund 41 Capital Projects List and that he was still in a holding pattern, until getting direction from the Committee. 7. Holmes reported that the District was in negotiations with the Village regarding the IGA and that he will bring information back to the Committee at the January Building Committee meeting. 8. There are no change orders over $25,000, and no change orders over $15, Ric Ericksen led discussions on the WE Energies easement at Amy Belle School, the purpose for the easement and the underground wiring. Ric Ericksen reported that the easement was needed for our construction purposes. Motion by Borden to take to the Board of Education with a positive recommendation to approve the WE Engeries Amy Belle Distribution Easement Underground as presented. Second by Koenke. Motion carried. 10. Motion by Loth to adjourn the meeting. Seconded by Borden. Motion carried. 11. Meeting Adjourned at 6:20 p.m.

5 GERMANTOWN SCHOOL DISTRICT TO: FROM: Building Committee Ric Ericksen, Director of Business & Auxiliary Services AGENDA ITEM: V.A. Reports & Updates: Director of Buildings & Grounds: Capital Projects & Facility Services Information may be reported on the day of the meeting and/or shown below. From Don Erickson, Director of Buildings & Grounds: See next page(s).

6 Building Committee January 14, 2019 There are 2 boilers with leaking heat exchangers at Germantown High School which need to be replaced. Estimated cost to replace both is $110,000. Quotes will be finalized and presented to Finance for approval. Staff at Germantown High School have expressed concern over the indoor air quality in the English hall. Air sampling for mold, asbestos, CO, CO2 and VOC s has been completed in the rooms of concern. Adjustments to the roof air handler unit have been made to lower CO2 levels. Follow up sampling was completed the week of January 7th. The LED lights from construction have been repurposed at Germantown High School. Some additional fixtures will be required to complete the third floor and the second floor science wing. The doors and sub frames for Germantown High School entrance #53 (old #33) has been changed out. The security assessment has been completed at all the schools. Due to the length, it is posted as a separate document at the BC web link.

7 GERMANTOWN SCHOOL DISTRICT TO: FROM: Building Committee Ric Ericksen, Director of Business & Auxiliary Services AGENDA ITEM: V.B. Reports & Updates: $84 million Construction Projects $3.970 million Amy Belle Addition Project I have asked Mr. Rooker to provide a general update the committee/board including a revised occupancy timetable(s). Please know that occupancy for the PAC has been approved, although I have not yet received an official document in this regards. The Field House occupancy will be delayed until end of January inasmuch as there was an issue with the flooring. About 1500 sq.ft. of the wrong coloring was shipped originally. The manufacture in Taiwan (as of this writing) is preparing to ship replacement flooring on a cargo plan for delivery very soon. Open Item(s): KMS bollards KMS Science rooms cabinets GHS Protective screens around roof top units Others Time permitting, Mr. Rooker from CD Smith will update the committee/board using PROCORE to access photos and other documents. Attachment(s): None

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9 GERMANTOWN SCHOOL DISTRICT TO: FROM: Building Committee Ric Ericksen, Director of Business & Auxiliary Services AGENDA ITEM: VI.B. Unfinished Business: Fund 41 Statement of Purpose of this Agenda Item This agenda item allows the BC to assign projects in Fund 41. Generally, projects assigned here are not taken to the full Board of Education for further action, rather just reported. However, from time to time, major projects are taken to the full board for final action. The working Fund 41 Capital Projects List spreadsheet provides a record of these actions. It could be the case that a new item requiring immediate attention needs to be added to Fund 41 Capital Projects List by way of a committee member motion. In this case, action should be taken now if the item does not appear elsewhere on the agenda. Considerations: Boiler replacement Reference Director Erickson s earlier report Annual Roofing work Other Current Fund 41 Capital Projects fund available budget is in the range of $150,000. Recommendation(s): Pending discussions.

10 GERMANTOWN SCHOOL DISTRICT TO: Board of Education TOPIC: Intergovernmental Agreement (IGA) and other Village of Germantown related matters FROM: Ric Ericksen BOARD MEETING: January 14, 2019 DATE: January 9, 2019 AGENDA ITEM: BC Agenda Item: VI.C. Recommendation to the Board of Education: Establish a fee structure, as negotiated and determined by the Board of Education. Background relative to Recent Discussions: Jan. 3, 2019: Last Thursday (1/3/19) Mr. Holmes, Attorney Lacy, and I met with village officials Mr. Kreklow, Mr. Schroeder, and Attorney Sajdak to negotiate the IGA as directed by the Board of Education. Jan. 7, 2019: The Village Board met at its regular meeting and had two items on agenda related to the Germantown School District a) Donges Bay Property zoning & b) the IGA. I and board members Barney & Medved were in attendance. Please know that the agenda titles on the Village Agenda were very much a surprise to district officials. Jan. 8, 2019: A communication was sent by Park & Recreation to its users. Park & Recreation Fee Analysis After that meeting Board Member Barney asked that I do research on energy consumption relative to usage of facilities by Park & Rec. Mr. Don Erickson is working on that analysis. Park & Rec Director Mark Schroeder distributed a survey during the Jan. 7 meeting relative to surrounding school districts as to their charges for use of facilities by Park & Rec. The survey was sent to his counter-parks (as opposed to school officials). He emphasized Cedarburg. I will be contacting my counter-part at the Cedarburg school district for information. The weakness in the survey is that there are NOT any hours of usage to compare. BUT FOR The information below has a practical use for school accounting inasmuch as the Department of Public Instruction (Finance Bureau) and our auditors generally apply it to the allowable transactions recorded in the Fund 80 Community Services fund of the general ledger Application of But For Tax Incremental Financing statutory requirements point to the standard that the development would not have otherwise occurred but for the creation of a Tax Incremental District. The same concept can be applied here. The costs identified in the attached would not have occurred but for the Board of Education s willingness to adopt a policy that provides for facility use by outside groups, including the Village of Germantown Park & Recreation. Attachment(s): A Cost Accounting report, Park & Rec fee comparison survey, Draft IGA agreement. The energy analysis and Cedarburg information is forthcoming.

11 Germantown School District Germantown, WI. To: From: Mr. Jeffrey Holmes, Superintendent Board of Education Richard A. Ericksen, Director of Business & Auxiliary Services Date: January 8, 2019 RE: Village of Germantown Parks & Recreation Fee Analysis A Cost Accounting Review The categories below provides for a practical approach to justify fees structures assessed to outside group with this review focusing on Park & Rec. As previously mentioned it also used to justify transactions recorded in the Fund 80 Community Services fund. Cost Accounting Categories Considered in the Development of Fee Structures (Below is a Park & Rec focus, but costing concepts essentially apply to all facility users. These are partial lists) 1. Direct Costs a. Business Office Administrative Assistant response to Park & Rec on a Saturday b. Business Office Administrative Assistant distribution of keys and fobs and all matters related to building security c. Business Office Administrative Assistant and other district officials routinely provide A.L.I.C.E. training to Park & Rec staff d. Custodial tasks involved in providing setup for programs example, setting up chairs for Buckeeters 2. Indirect Costs a. Business Office Administrative Assistant general schedule tasks with Park & Rec b. Administrative time spent on a variety of matters directly associated with Park & Rec c. Custodial coverage in general areas during program events Monday thru Friday (most wages are attributable to school operations, but custodians must respond to Park & Rec staff if needed) d. Custodial coverage is required on Saturday for the Buckeeter s program because D.I. is selling concessions and is appreciated by Buckeeter s because spectators, parents, and visitors are fed. e. Consumable items such as garbage liners, hand soap, hand towel, toilet paper, etc. 3. Overhead Costs a. WE Energy Heat, Air, & Light b. Water & Sewer c. Wear & Tear (depreciation) of flooring, tables and other areas relative to hours used 4. Recoverable Costs a. Damage to district equipment (fully reimbursed by Park & Rec) if known 5. Capital/Non-Capital Investments (aka known as Non-Lapsing Fund) a. Purchase of a new/replacement item that is mostly used by Park & Rec

12 SCHOOL DISTRICT FACILITY USE FEE SURVEY 1/7/2019 A total of 14 municipal park and recreation departments were asked the following questions. Do you currently pay school facility use fees? What is the annual financial impact to your department? 12 of the 14 departments responded at the time of the Village Board Meeting Grafton - Yes, department pays $8,500 per year for use of school facilities Cedarburg - Yes, department pays approximately $25,000 annually. Park/Rec same fee category as club sports West Bend - Do not have a signed formal document. Pay no fees, city has reciprocal agreement with school district. Hartford - PR pays no rental fees and SD is not paying a rental fee for city park facilities. Recreation Center has greatly reduced need to use school facilities. School custodial fees are paid in the rare instance that programs take place outside of normal hours. Sussex - Only use schools on rare occasions. Programs can be held in Village Civic Center where they have a small 1/2 size gym/multipurpose area for exercise/fitness classes. Don't have pool, and don't use school gyms for basketball. They do charge school district for use of diamonds and tennis courts. Muskego - Yes, department pays approximately $4,000 per year for use of school facilities. For years they paid up to $18,000/year for use of both indoor and outdoor facilities, but after helping the SD with improvements to school tennis courts and ball diamonds the agreement changed. Slinger - Have not responded. Brookfield - Yes, department pays for school use namely gyms and pool. The annual costs total approximately $18,000 ($13,000 for youth basketball and approximately $5,000 for pool use). Brown Deer - Have not responded. Greenfield - Both the Greenfield & Whitnall School Districts do not charge fees for park and recreation use. In turn Greenfield does not charge either school district for use of park ball diamonds, shelters, and community meeting rooms. Oak Creek - No, the department is not paying school facility fees. Used to charge each other, but found it didn't make sense for either party. Oconomowoc - The department does not pay facility use fees. In 2017, a shared use agreement was approved which outlines the services both parties provide. Charges now only occur for overtime. Port Washington - No facility use fee is charged for schools. Park & Rec only pays custodial fees if programs take place outside of normal hours. Waukesha - After several years of a handshake agreement, WPR and the School District are in the process of developing a Memorandum of Understanding. The MOU indicates that neither party will charge the other for facilities and services provided. The MOU includes such items as equipment sharing/use, shared mowing and snow removal operations.

13 FACILITY USAGE AGREEMENT BETWEEN THE VILLAGE OF GERMANTOWN AND THE GERMANTOWN SCHOOL DISTRICT The Village of Germantown ( the Village ), a Wisconsin Municipal Corporation represented by its Village Board of Trustees ( Village Board ) and the Germantown School District ( the District ), a Wisconsin Public School District represented by the authority of the Germantown School District Board of Education ( School Board ), collectively referred to as the Parties, hereby enter into an Intergovernmental Agreement to serve their common interests and that of the community pursuant to the authority provided for in Section , Wis. Stats., as set forth below. WHEREAS, the Village operates several community programs for its residents and the District school buildings and school grounds contain facilities (the Facilities ) suitable for use as sites for many of these Village programs; WHEREAS, the parties have previously been party to an Intergovernmental Agreement for the shared use of District facilities, the most recent of which expired on August 31, 2018 and the Parties wish to renew that relationship; NOW, THEREFORE, in consideration of the mutual obligations and promises set forth in this Agreement, the Parties agree as follows: 1. Purpose: The Village may make reasonable use of the Facilities for its educational and recreational programming in such a manner and under such time terms as described in this Agreement. All programming shall be lawful, consistent with the legal obligations and limitations applicable to either governmental entity, including but not limited to the maintenance of safety and security in school facilities, respect for constitutional obligations of each Party, and consistent with the District s established rules and regulations governing the use of its Facilities for, among other purposes, compliance with insurance requirements. 2. Right of Usage: The Village is permitted nonexclusive use of the Facilities for its programming needs. Given the nature of the programming, the volume of usage it involves, the recurring nature of said programs, and the Parties interest in avoiding conflicts with other Facilities usage requests, the Village shall communicate its Facilities needs to the District for each period of programming at the earliest possible time after such programming schedule is established and the Village has engaged in efforts to communicate programs to the public, but in no event later than the following dates: a. For Programming that takes place during By August 1 the school year (August 25 through June 15) b. For programming during the Summer By April 1

14 The Village s schedule of activities and events presented to the District under this section shall include (a) start date/end date of the program/event; (b) a brief description of the program/event; (c) the Facilities required for the program/event; (d) the approximate number of hours the program/event will require Facilities during the duration period of the program/event identified by the Village. The District shall notify the Village within 5 business days of its receipt of a schedule of any known conflicts for Facilities usage requests and the Parties shall work in good faith together to identify suitable alternatives if appropriate. 3. Compliance with Policies: The Village acknowledges that the Facilities are governed by District policies enacted by the School Board and amended by the School Board from time to time. Such policies are available at the District s website or by request from District officials. The Village is responsible for compliance with those policies, except as provided herein to the extent the terms of the Agreement are in conflict with policy. 4. Term of Agreement: This Agreement shall commence with the beginning of Programs scheduled by the Village to begin on or after May 15, This Agreement shall continue for a period of three (3) years through the conclusion of the Summer programs of the Summer of All programs currently operating or that will start prior to that date shall be governed by the terms of the Parties agreement which expired August 31, 2018, but which has continued to be and shall continue to be the Agreement governing the Parties relationship relative to the subject matter herein until such time as this Agreement takes effect. 5. Fees Associated with Programming and Usage: This Agreement shall govern the payment and assessment of facilities and program fees pertaining to the Village programming which will utilize the Facilities. a. Facilities Usage Fees: The District shall base all usage fees assessed to the Village for use of the Facilities on the District s Facility Usage Fee Schedule for the Priority 4 Group, which current schedule is attached hereto as Addendum A. This schedule may be amended by the District pursuant to its authority and consistent with the requirements of Section (17), Wis. Stats. Additional facilities will be added to the fee schedule when those facilities become available for usage, to include the auditorium, high school swimming pool facility, and the fieldhouse. The Village shall be charged an hourly fee for usage of the Facilities based on the following schedule: Programs beginning on or after May 15, 2019 but before May 15, 2020 Programs beginning on or after May 15, 2020 but before May 15, 2021 At a rate of 25% of the applicable hourly rate under the Fee Schedule At a rate of 50% of the applicable hourly rate under the Fee Schedule

15 Programs beginning on or after May 15, 2021 At a rate of 75% of the applicable hourly rate under the Fee Schedule b. Program Fees: The Village may set participant or user fees for its programs as it deems appropriate. Nothing in this Agreement shall restrict or otherwise govern the manner in which such fees are established, except that the Village agrees to permit all School District residents the right to participate in programs governed by this Agreement at the same rate as Village of Germantown residents. c. Excluded Facilities: Any facility subject to state or federal grant-base or other limitations regarding the District s authority to assess a user fee shall be subject to the fees described herein only to the extent permissible by such limitations. All other provisions of this Agreement shall apply. 6. Capital Fund: The Village has maintained a non-lapsing facilities fund for use in funding capital improvements of the Facilities. The most recent accounting of the funds in that account as determined by Village records, is attached as Addendum B. All such funds shall be transferred to the District within 30 days of execution of this Agreement. The District shall utilize said funds to pay for planned and appropriate improvements or repairs to the Facilities. No further such fund shall be maintained by the Village and no additional contribution to any Facilities capital funds shall be required of the Village. 7. Schedule of Payments: The Village shall remit payment to the District no more than 30 days following the end of each program or activity that used the Facilities for the number of hours and the Facility used for the program or activity. For programs that are ongoing programs throughout the school year, payment shall be remitted within 30 days of the conclusion of each term (semester or summer) of the school calendar. 8. Tracking of Hours of Usage: The Village shall track the number of hours of Facilities usage by the Village for each program and shall, as soon as practicable, inform the District of any discrepancy between the anticipated number of hours of usage in the initial schedule provided to the District as described in Section 2, above. 9. Facilities Security Measures: The Village shall comply with all security measures put in place by the District to control and monitor access to school Facilities as per Board policy. The District Administration shall coordinate with Village representatives to develop procedures for Village programming to assure compliance with such security and/or safety measures. Such measures may include Facilities access screening, background checks, limited building access points, mandatory check-in/check-out procedures, or other such measures implemented by the District. 10. Insurance: The Village shall maintain fire and extended liability insurance, and other risk insurance as required by Village policy or School Board policy and shall provide the District with a certificate of insurance showing the level of coverage and expressly

16 providing the Village with coverage for occurrences in the course of Village programs/events using the Facilities. 11. Maintenance, Repairs, Damage: The District shall maintain the facilities consistent with its own standards of maintenance. The Village shall record the condition of the Facilities being used prior to each period of usage and report any damage or excessive wear and tear observed, whether prior to usage or in the course of its usage, as soon as practicable to do so. The Village shall return the Facilities in the same condition it found them, subject to normal wear and tear associated with the permissible activity, including without limitation the clean-up of any activity, the collection and disposal of all waste generated by or due to the activity, and the return of any equipment or furniture to its position prior to the Village s use. The Village shall notify the District immediately in the event the Village becomes aware of any equipment or furniture that is in need of repair/replacement or is unsafe. 12. Damage, Destruction, Force Majeure: In the event any of the Facilities shall be damaged, destroyed, or otherwise unusable, in whole or part, due to fire, natural disaster, or other force outside the control of the District, the District may either cancel the permitted usage of the program/event scheduled for the affected space; or may provide suitable alternative facilities. The District will promptly determine whether and if so on what schedule, any such damaged Facilities will be repaired and returned to service. The District shall not be responsible for any damages to the Village or to its users for the loss of suitable Facilities under this paragraph. 13. Termination: Either party may terminate this agreement upon the breach of the other provided that the non-breaching party provides a notice of the breach and at least 30 days to cure the breach. If after 30 days either the breach is not cured or the breaching party has not made good faith efforts to cure the breach, the non-breaching party may immediately terminate the Agreement. If the breaching party is making good faith efforts to remedy the breach, but has not done so after 30 days-notice, the non-breaching party may terminate this agreement on a date certain by providing a notice of termination no fewer than 30 days from the stated date of termination. If no agreement extending the Term of this Agreement has been reached by its expiration, the Parties shall continue to operate under the Terms as exist at the time of expiration until such time as either, one Party gives notice to the other of its intent to cancel the Agreement, in which case, the District shall provide the Village with the fee schedule provisions of this Agreement for any programs/events that have already been scheduled and for which public communication or registration has already begun. 14. Indemnification. 15. Assignment. 16. Relationship of Parties

17 17. Entire Agreement: 18. Notices: 19. Governing Law: 20. Waivers; 21. Construction: 22. Counterpart: 23. Signature page Follows This Page

18 IN WПNESS WHEREOF, the Village and School District have entered into this Agreement as of the date set forth above. VILLAGE OF GERМANTOWN GERМANTOWN SCHOOL DISTRICT Village President President Village Clerk (Attest) Clerk (Attest) Park & Recreation Director Superintendent/Business Manager Park & Recreation Commission Chair

19 GERMANTOWN SCHOOL DISTRICT TO: Board of Education TOPIC: Construction Change Order Items Over $25,000 FROM: Ric Ericksen BOARD MEETING: December 17, 2018 DATE: December 13, 2018 AGENDA ITEM: BC Agenda Item: VII.A.1 Board Governance: Recent action by the Board of Education requires change orders exceeding $25,000 to come to the full board for approval. CD Smith has informed me that as of this date there are not any to act on, however, it could be the case that an item(s) could be brought the day of the meeting most likely due to an emergency. Recommendation to the Board of Education from the Building Committee: Pending discussions at the Building Committee, the Building Committee brings forward to the Board of Education with a positive recommendation to approve the change orders presented below: Background: Building Committee members and CD Smith officials will help in the explanation of this change order. Change Order # - NONE Attachment(s): CD Smith change order(s) detail.

20 GERMANTOWN SCHOOL DISTRICT TO: FROM: Building Committee Ric Ericksen, Director of Business & Auxiliary Services AGENDA ITEM: VII.A.2 Unfinished Business: Change order s over $15,000. Board Governance: Recent action by the Board of Education requires change orders exceeding $25,000 to come to the full board for approval; $15,000 - $24,999 is approved at the Building Committee level; below $15,000 is approved by the Director of Business & Auxiliary Services. NONE However, in the spirit of transparency. Please see attached CO # 46 for County Line for sidewalks in the amount of $13,746. Mr. Rooker and Mr. Erickson will help in this explanation. CD Smith has informed me that as of this date there are not any to act on, however, it could be the case that an item(s) is brought the day of the meeting most likely due to an emergency.

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