REQUEST FOR PROPOSALS NO. FOR PROGRAM MANGEMENT SERVICES AND ON-GOING CONSTRUCTION MANAGEMENT SERVICES RFP #

WEST VALLEY MISSION COMMUNITY COLLEGE DISTRICT REQUEST FOR PROPOSALS NO. FOR PROGRAM MANGEMENT SERVICES AND ON-GOING CONSTRUCTION MANAGEMENT SERVICES RFP #13-0506 LATEST DATE/TIME FOR SUBMISSION OF RFP RESPONSES : March 4, 2005, 4:00 P.M. CONT ACT: Brigit Espinosa Administrator in Charge - Facilities Planning West Valley Mission Community College District 14000 Fruitvale Avenue Saratoga, California 95070 (408) 741-2187 Brigit_ espinosa@wvmccd.cc.ca.us An electronic file of this RFP may be obtained or viewed at www.wvmccd.cc.ca. us/wvmccd/facilities. PMICMRFP RFP No. 08-0506 02.14.05

) 1.10. PROGRAM MANAGEMENT AGREEMENT MEASUREH 02.08.05 (A IT ACHMENT D ro RFP No. 08-0506 Measure H web page design, the Program Manager shall develop proposed content for the Measure H web page for review and acceptance. Posting of the District accepted Measure H web page content, posting of the Measure H web page as a link on the District's website shall be by the District and the District's webmaster. 1.9.3. Updates of Website Content. During the Term of this Agreement. the Program Manager shall provide the District webmaster and/or the District Public Information Officer with weekly updated/ revised content for incorporation into the Measure H webpage. As requested by the District or as dictated by the circumstances, development of updated/revised Measure H webpage content by the Program Manager may be required more or less frequently than on weekly basis. 1.9.4. District Discretion. Notwithstanding the District's acceptance of the Program Manager's Measure H updated/revised webpage content, the District shall have the sole reasonable discretion to modify the Measure H webpage content at any time during the Term of this Agreement. 1.9.5. Assignment of Intellectual Property Rights. Notwithstanding any provision of law to the contrary the Program Manager assigns to the District all right, title and interest in and to any intellectual property rights reflected in any of the work product resulting from the Program Manager's development of the Measure H web page design and contents are deemed assigned to the District; the foregoing assignment shall be effective without further action by the Parties. If any action of the Program Manager or the District is required to effectuate the foregoing assignment, the Program Manager shall cooperate with the District in effectuating an assignment of such intellectual property rights to the District and/or perfecting the District's intellectual property rights resulting from such assignment. Labor Relations. 1.10.1. General. During the Term of this Agreement, the Program Manager shall assist the District in maintaining harmonious labor relations between the District and the various consultants, vendors, contractors and others providing work, labor, materials or services to design, bidding or construction of the Projects. In addition to specific responsibilities of the Program Manager in connection with labor relations as set forth hereinbelow, the Program Manager shall routinely monitor the status of the Projects to mitigate any potential adverse impact of such disputes, disagreements or controversies to the timely completion of design, bidding and construction of the Projects. 1.10.2. Project Labor Agreement. If during the Term of this Agreement the District considers entering into one or more Project Labor Agreements with building trade labor organization or the District is requested by a building trade labor organization to consider a Project Labor Agreement in connection with construction of some or all of the Projects, the Program Manager shall assist the District in reviewing, evaluating and negotiating terms and conditions of such Project Labor Agreements.

WEST VALLEY MISSION COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES MEETING West Valley College Board Room May 17, 2007 BOARD OF TRUSTEES Chris Constantin President Robert T. Owens Vice President Joy Atkins Don Cordero Jack Lucas Buck Polk Chris Stampolis Kelly Traschler WVC Student Trustee Chris Vo MC Student Trustee Stan R. Arterberry Chancellor

6.0 6.12 BUSINESS AND FINANCE CONTRACT AMENDMENT FOR GEIER & GEIER CONSULTING INC., FOR PREPARATION OF THE REVISED WEST VALLEY COLLEGE LONG RANGE DEVELOPMENT PLAN AND ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT Recommendation: That the Board of Trustees approve the amendment to the contract for Geier & Geier Consulting, Inc., in the amount of $19,280, to prepare a revised West Valley College Long Range Development Plan (LRDP) and Addendum to the Environmental Impact Report (EIR). (A) 57 6.13 APPROVE THE USE AGREEMENT WITH SANTA CLARA (A) 59 VANGUARD Recommendation: That the Board of Trustees approve the short-term use agreement granting non-profit Santa Clara Vanguard limited non-exclusive use of softball field #1 at Mission College for marching practice. 7.0 INFORMATION REPORTS 7.1 CONSTRUCTION CAREER AGREEMENT PROPOSED BY THE SANTA (I) 61 CLARA AND SAN BENITO COUNTIES BUILDING & 8.0 8.1 8.2 8.3 8.4 CONSTRUCTION TRADES COUNCIL Neil Struthers will present information related to a proposal by the Santa Clara & San Benito Counties Building & Construction Trades Council to enter into a Construction Careers Agreement with the West Valley-Mission Community College District in relation to WVMCCD construction projects funded by existing bond measures. BOARD THE WVMCCD BOARD OF TRUSTEES LEGISLATIVE REPORT Recommendation: That the Board of Trustees approve the advocacy plan. RESOLUTION NO. 07051701 REGARDING TRUSTEE ABSENCE Recommendation: That the Board of Trustees approve Resolution No. 07051701 excusing Trustee Jack Lucas from attending the May 3, 2007, Regular Meeting. NEW BUSINESS - TRUSTEES The Trustees may report at this time on any item not appearing on the agenda. NEW BUSINESS - ADMINISTRATION The Administrators may report at this time on any item not appearing on the agenda. (A) (A) (I) ( I ) 62 69 ADJOURNMENT vii

ITEM 7.1 MAY 17,2007 INFORMATION ITEM PREPARED BY: NEIL STRUTHERS OF THE SANTA CLARA & SAN BENITO COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL SUBJECT: CONSTRUCTION CAREER AGREEMENT PROPOSED BY THE SANTA CLARA AND SAN BENITO COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL Neil Struthers will present information related to a proposal by the Santa Clara & San Benito Counties Building & Construction Trades Council to enter into a Construction Careers Agreement (CCA) with the West Valley-Mission Community College District in relation to WVMCCD construction projects funded by existing bond measures. Background: Many Community Colleges in the region and other School Districts are entering into these agreements (San Jose - Evergreen CCD I Foothill - De Anza CCD I East Side Union High School District I San Mateo County CCD I San Francisco CCD I Chabot-Los Positas CCD) for a variety of reasons, including higher quality bidders, guaranteed enforcement of prevailing wage laws, labor peace, access to apprenticeship opportunities for district students and increased bidder pool. The Building Trades Council is interested in developing a partnership with WVMCCD by tying the District's bond projects to a requirement that all employers participate in a" construction careers program" that would advance District students into careers/jobs within the construction industry by placing selected students into apprenticeship positions with employers doing work for the District. Coordination Mr. Struthers met with Chancellor Arterberry, Mission College President Harriett Robles, and West Valley College President Philip Hartley to have an initial discussion regarding the proposal. 61

Unapproved Minutes of the May 17, 2007, Board of Trustees Meeting 3.5 PRESENTATIONS/RECOGNITIONS There were none. 3.6 ORAL COMMUNICATIONS FROM THE PUBLIC Director of Information Systems Ron Smith informed the Board that the IS Data Center is moving during the Memorial Day weekend. Every effort has been made and will be made to minimize the impact on students and staff. 7.1 CONSTRUCTION CAREER AGREEMENT PROPOSED BY THE SANTA CLARA AND SAN BENITO COUNCIL BUILDING AND CONSTRUCTION TRADE COUNCIL A discussion was held on this information item. 3.7 WRITTEN COMMUNICATIONS FROM THE PUBLIC There were none. 3.8 ACADEMIC SENATE UPDATE Mission College Academic Senate President Cathy Cox related that there has been much discussion lately about Hours by Arrangement. One effect at both Colleges has been that the Academic Senates and the union have been in close communication among themselves and with Chancellor Arterberry. Ms. Cox indicated that faculty have been asked to sign an' HBA Certification Form' and that the Missi on College Academic Senate passed a motion directing all faculty to wait for direction from ACE before signing. She said that faculty are not saying they will not sign, they are merely waiting for clarification of the issue. ACE representatives are meeting with Chancellor Arterberry on Monday and expect to have further clarification at that time. West Valley College Academic Senate President Angelica Buendia-Bangle indicated that the WVC Senate has also met on this issue; she anticipates that they will support the recommendations that arise from ACE's meeting with Chancell or Arterberry. She related how successfully the Senates and ACE are working with administration on this issue, and wanted to publicly acknowledge the leadership of Chancellor Arterberry, West Valley College President Phil Hartley, and Mission College President Harriett Robles for their collaboration on this issue. She hopes this climate of collaboration will continue into the future. Dr. Buendia-Bangle extended her thanks to President Hartley and Vice President of Instruction Dave Fishbaugh for supporting the Senate and attending the annual Faculty Senate Recognition Ceremony. She expressed her appreciation for the collegiality and leadership Scott Ludwig has shown during his four-year tenure as Classified Senate President. On behalf of the 20a

Unapproved Minutes of the May 17, 2007, Board of Trustees Meeting The maker of the motion declined the friendly amendment. Action Taken: It was M/S/P 6/1/0 (Cordero/ Atkins; Stampolis, No) that effective July 1, 2007, the District will provide the Executive Managers with base salary plus full COLA; in addition, the current housing allowance will be discontinued and the equivalent amount added to the base salary. Student Trustees: One yes vote. 6.0 BUSINESS AND FINANCE 6.12 CONTRACT AMENDMENT FOR GEIER & GEIER CONSULTING INC., FOR PREPARATION OF THE REVISED WEST VALLEY COLLEGE LONG RANGE DEVELOPMENT PLAN AND ADDENDUM TO THE ENVIRONMENT AL IMP ACT REPORT Action Taken: It was M/S/P 7 /0/0 (Owens/Traschler) that the Board of Trustees approve the amendment to the contract for Geier & Geier Consulting, Inc., in the amount of $19,280, to prepare a revised West Valley College Long Range Development Plan (LRDP) and Addendum to the Environmental Impact Report. Student Trustees: One yes vote. 6.13. APPROVE THE USE AGREEMENT WITH SANTA CLARA VANGUARD A discussion was held. Action Taken: It was M/S/P 7 /O/O (Traschler/Stampolis) that the Board of Trustees approve the shortterm use agreement granting non-profit Santa Clara Vanguard Limited non-exclusive use of softball field #1 at Mission College for marching practice. Student Trustees: One yes vote. 7.0 INFORMATION REPORTS 7.1 CONSTRUCTION CAREER AGREEMENT PROPOSED BY THE SANTA CLARA AND SAN BENITO COUNCIL BUILDING AND CONSTRUCTION TRADE COUNCIL This item was moved to follow Oral Communications from the Public. 8.0 BOARD 8.1 THE WVMCCD BOARD OF TRUSTEES LEGISLATIVE REPORT A discussion was held. Action Taken: It was M/S/P 7 /0/0 (Traschler /Lucas) that the Board of Trustees approve the legislative advocacy plan. Student Trustees: One yes vote. 8.2 RESOLUTION NO. 07051701 REGARDING TRUSTEE ABSENCE Action Taken: It was M/S/P 6/0/1 (Stampolis/Traschler; Lucas, Abstain) that the Board of Trustees approve the resolution excusing Trustee Jack Lucas from attending the May 3, 7007, Regular Meeting. Roll call vote: Atkins, Aye; Constantin, Aye; Cordero, Aye; Lucas, Abstain; Owens, Aye; Polk, Aye; Stampolis, Aye; Traschler, Aye; Vo, Absent 8.4 NEW BUSINESS - TRUSTEES Trustee Chris Stampolis reported on the California Community College Trustee (CCCT) Conference he recently attended. In addition, he congratulated the West Valley College baseball team for their recent phenomenal 15-14 win. At one point, West Valley was 14 runs behind but recovered and pulled ahead to win by 1 run. 27a

November 20, 2008 John Hendrickson Chancellor West Valley Mission Community College District 14000 Fruitvale A venue Saratoga, CA 95070 Dear Chancellor Hendrickson: CHAMBER OF COlv\MERCE On behalf of the San Jose Silicon Valley Chamber of Commerce, I urge you and the West Valley Mission Community College District Board of Trustees to not enter into any Project Labor Agreement (PLA) for the construction work involving Measure H projects. Under the National Labor Relations Act, construction contractors and employees have the right to choose to unionize or not. The vast majority of contractors and their employees - more than 80 percent - have voluntarily opted against unionization. Under PLAs, all contractors and their employees, whether they are unionized or not, are subject to unionization in order to work on a government-funded construction project. This is done by including a union collective bargaining agreement in the public construction project bid specifications. In order to receive a contract with the District, a contractor must sign the agreement and subject its employees to union control. This requirement prevents an open, competitive bidding process. With the estimated cost of your project at $235 million, the more companies that compete, the better the project will turn out in the long run. Under a PLA, qualified non-union contractors who wish to make lower-cost bids and employees who wish to work non-union are locked out of the project. The use of a Project Labor Agreement usually results in cost overruns and higher construction costs for taxpayers. The Cupertino City Council voted down a PLA for its library expansion in 2002, when Public Works Director Ralph Qualls researched its implications and found the proposed PLA would add significant project costs that would impact the extent of improvements and delay the completion date. The library opened in 2004 ahead of schedule and under budget for the benefit of Cupe11ino taxpayers. In most local governments in California, construction is perf01med under fair and open competition with both union and non-union contractors without controversy. Most local govermnents want to maximize the number of capable and responsible bidders. When PLAs are imposed and competition in bidding is reduced, low bids are often 15-20% higher than expected and 25-20% higher than the cost of similar projects in the same area. In these hard economic times, it is more important than ever to use taxpayers' money wisely to keep public projects on time and on budget. We appreciate your consideration of our concerns. Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, d JodyH~~ Vice President of Public Policy & Communications cc: Bob Owens, President of the Board Chris Constantin, Trustee Joy Atkins, Trustee Jack Lucas, Trustee Buck Polk, Trustee Chris Stampolis, Trustee Wade Ellis Jr. Trustee 310 South First Street, San Jose, California 95113 ph: 408/291-5250 fax: 408/286-5019 sjchamber.com