BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS

March 21 2011 BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS SPECIAL MEETING March 21, 2011 Table of Contents Roll Call.................. 215 Recess into Executive Session............. 215 Adjourn from Recess............... 215

March 21 215 2011 SPECIAL MEETING The Board of Education of the City School District of the City of Cincinnati, Ohio, met in special session pursuant to notice by the Treasurer in the Board Office at the Cincinnati Public Schools Education Center, 2651 Burnet Avenue, Monday, March 21, 2011 at 6:30p.m., President Bolton in the chair. ROLL CALL Present: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Absent: None Superintendent Ronan was present. RECESS INTO EXECUTIVE SESSION Mrs. Reed moved and Mr. Nelms seconded the motion that the Board recess into executive session at 6:35 p.m. to consider sale of property at competitive bidding and pending or imminent court action in conference with Board Legal Counsel. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried. ADJOURN FROM RECESS The Board adjourned from Executive Session at 6:54p.m. Jonathan L. Boyd Treasurer/CFO

March 21 2011 BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS REGULAR MEETING March 21, 2011 Table of Contents Roll Call.................. 216 Minutes Approved................ 261 Presentation................. 216 A Resolution Memorializing Dr. Herbert C. Smitherman Sr....... 216 Presentation-(cont.)............... 218 Hearing the Public................ 218 A Resolution Revising Policies 6320.01 and 6320.02 for General Purposes and Related to Its Accelerated Urban School Building Assistance Program Project..... 218 A Resolution Approving Construction Documents and Authorizing the Commencement of Bidding Including the Advertisement for and the Review of Bids for Bid Package #1; Environmental Remediation and Asbestos Abatement Related to New Aiken High School.................. 220 A Resolution Approving Construction Documents and Authorizing the Commencement of Bidding Including the Advertisement for and the Review of Bids for Bid Package #2; Demolition and Sitework and Bid Package #3; New Football and Track Stadium at Old Woodward High School............... 223 A Resolution Expressing an Intent to Award Construction Contract For Bid Package #10; Abatement North Wing and Authorizing the President and the Treasurer to Enter Into Said Contract Upon Compliance with All Conditions Precedent Related to Walnut Hills High School Renovations............. 226 Student Achievement Committee............. 228 Report of the Superintendent............. 230 Recommendations of the Superintendent of Schools 1. Certificated Personnel............. 230 2. Civil Service Personnel............. 234 Report of the Treasurer 1. Receipt of Grant from Collective Brands Foundation- Douglass Elementary.. 236 2. Receipt of Grant from Collective Brands Foundation- Evanston Academy.. 236 3. Receipt of Grant from Collective Brands Foundation- - Rothenberg Elementary. 236 4. Receipt of Grant from Molina Healthcare of Ohio....... 236 5. Receipt of Grant and Agreement with The Children s Home of Cincinnati.. 236 6. Receipt of Donation from American Bottling Co........ 236

March 21 2011 PROCEEDINGS REGULAR MEETING March 21, 2011 Table of Contents (cont.) Report of the Treasurer cont. 7. Receipt of Donations from Diana McBride, Lori Christenson and John Glaccum. 236 8. Receipt of Donation from Collective Brands Foundation...... 236 9. Receipt of Donation from HDR Engineering Inc........ 237 10. Receipt of Donation from Kiwanis Club of Cheviot-Westwood.... 237 11. Receipt of Donation from Hughes High School Class of 1944 and Ruth Rapport. 237 12. Receipt of Donation from Coca-Cola.......... 237 13. Receipt of Donation from Ragtime Inc.......... 237 14. Receipt of Donation from MSL New York......... 237 15. Receipt of Donation from Abitibi-Consolidated Corp....... 237 16. Receipt of Donation from Catholic Health Partners....... 237 17. Receipt of Donation from Lifetouch National School Studios..... 237 18. Receipt of Donation from Dr. Catherine O Brien and Susan Tweeten... 237 19. Receipt of Donation from Mathematica Policy Research and Janet Warren.. 237 20. Receipt of Donation from New City Presbyterian Church...... 238 21. Agreement with Cincinnati Bell Telephone, LLC- for Flat Business Telephone Service................. 238 22. Agreement with Cincinnati Bell Wireless, LLC - Wireless Telephone Service and Internet Access.............. 238 23. Agreement with Cincinnati Bell Telephone, LLC- Prime Advantage / Disaster Redirect................. 238 24. Agreement with Cincinnati Bell Telephone, LLC- for Anonymous Call Rejection Services................. 238 25. Agreement with Cincinnati Bell Telephone, LLC- Managed Telecommunications Services................. 238 26. Agreement with Cincinnati Bell Telephone, LLC- Fuse Dedicated Internet Access Service.............. 238 27. Payment for Legal Services from General Fund General Counsel s Office.. 239 28. Agreement with Children s Hospital Medical Center....... 239 29. Payment of Confirming Requisitions.......... 239 30. Award Of Purchase Orders............ 240 31. Award Of Change Orders............. 241 32. Award Of Contract.............. 242 For Board Information 33. Agreements with Consultants............ 244 34. Agreement with Children s Hospital Medical Center....... 245 35. Agreements with Consultants- Late Requests........ 245 Other Business................ 247 Assignment................. 247 Adjournment................. 247

March 21 216 2011 REGULAR MEETING The Board of Education of the City School District of the City of Cincinnati, Ohio, met pursuant to its calendar of meetings in the Rosa E. Blackwell Interactive Learning Center at the Cincinnati Public Schools Education Center, 2651 Burnet Avenue, Monday, March 21, 2011 at 7:06 p.m., President Bolton in the chair. The pledge to the flag was led President Bolton. ROLL CALL Present: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Absent: None Superintendent Ronan was present. MINUTES APPROVED Mrs. Reed moved that the minutes of the following meetings be approved without reading, copies of said minutes having been distributed to members and made available to the public and news media on March 21, 2011. Special Public Meeting March 9, 2011 Passed viva voce. President Bolton declared the motion carried. PRESENTATION 1. Recognition of Herbert C. Smitherman, Sr. Cincinnati Board of Education A RESOLUTION MEMORIALIZING DR. HERBERT C. SMITHERMAN SR. WHEREAS, on October 9, 2010, Dr. Herbert Charles Smitherman Sr., died at the age of 73; and WHEREAS, Dr. Smitherman was a dedicated employee and strong supporter of Cincinnati Public Schools, who joined CPS in 2002 after working 29 years as a research chemist and a manager for the Procter & Gamble Co., where he paved the way for other African-Americans and was known as the Jackie Robinson of Procter & Gamble; and WHEREAS, Cincinnati Public Schools recruited Dr. Smitherman to be the first principal of the new Western Hills Design Technology High School (later renamed, Western Hills Engineering High School) to create an engineering environment within the school and help students perform at the highest levels of math and science; and

March 21 217 2011 A RESOLUTION MEMORIALIZING DR. HERBERT C. SMITHERMAN SR. (cont.) WHEREAS, driven by his passion for education and for working with young people, Dr. Smitherman later served as principal at CPS Virtual High School and, in 2009, accepted an offer from Superintendent Mary Ronan to be manager of CPS new Office of Innovation, where he worked until the end; and WHEREAS, Dr. Smitherman earned a Bachelor s degree and a Master s degree in physical organic chemistry at Tuskegee University, and earned a Doctorate degree in 1966 in the same subject at Howard University; and WHEREAS, Dr. Smitherman, hired in 1966 by Procter & Gamble, was the company s first African-American with a Ph.D in physical organic chemistry; and, during his years at the company, Dr. Smitherman worked on many products including, to name a few, Crest toothpaste, Safeguard soap, Folgers coffee, Bounce fabric softener, Biz detergent and flavors for Crush soda; and WHEREAS, Dr. Smitherman s patents for tartar-control toothpaste, detergent composition and detergent manufacturing were featured in the America I AM: The African-American Imprint exhibit at the Cincinnati Museum Center in 2010; and WHEREAS, Dr. Smitherman retired from P & G in 1994, and then served as Vice President for Academic Affairs for Wilberforce University and taught chemistry there before joining Cincinnati Public Schools; and WHEREAS, Dr. Smitherman, a loving husband, father and grandfather, was married to Barbara for 51 years and also is survived by five sons, Christopher Smitherman, President of the Cincinnati branch of the NAACP, Dr. Herbert Smitherman Jr., James Smitherman, Albert Smitherman and Joseph Smitherman; a daughter, Mae Angela Smitherman-Smith; and 14 grandchildren; and NOW, THEREFORE BE IT RESOLVED, that on March 21, 2011, the Cincinnati Board of Education expresses its deepest sympathy to the Smitherman family for their great loss, remembering Dr. Herbert Smitherman Sr. for his many contributions to the students of Cincinnati Public Schools, and for being an unwavering role model for how a good person leads a good life. Eve Bolton, President Vanessa Y. White, Vice President Melanie Bates Catherine D. Ingram A. Chris Nelms Sean T. Parker Eileen Cooper Reed Mrs. Reed moved and Mr. Nelms seconded the motion that the Resolution Memorializing Dr. Herbert C. Smitherman Sr. be approved. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried.

March 21 218 2011 PRESENTATION (cont.) 2. The Analysis and Impact of the State Budget Neil Clark, Grant Street Consulting HEARING THE PUBLIC The following persons addressed the Board regarding the topics indicated: Walter Huckaby Andi McBride Sean Kelley Angela Knighten Marisa Rowe Carl rich CPS Master Plan-construction Magnet school lottery proposal. Magnet school lottery proposal. Magnet school lottery proposal. Reopen East Side School. Reopen East Side School. REVISED A RESOLUTION REVISING POLICIES 6320.01 AND 6320.02 FOR GENERAL PURPOSES AND RELATED TO ITS ACCELERATED URBAN SCHOOL BUILDING ASSISTANCE PROGRAM PROJECT WHEREAS, the Cincinnati Public Schools (hereinafter called the "School District"), County of Hamilton, Ohio, on a continuous basis, contracts for numerous goods, services and supplies and is bidding and awarding construction contracts related specifically to its Ohio School Facilities Commission Accelerated Urban School Building Assistance Program (hereinafter called the "Project"); and WHEREAS, the School District's Board of Education (hereinafter called the "Board of Education") has entered into an Accelerated Urban School Building Assistance Program Project Agreement (hereinafter called the "Project Agreement") with the Ohio School Facilities Commission (hereinafter called the "Commission") as authorized under Section 3318.38 of the Ohio Revised Code pursuant to the receipt of State of Ohio's monies for basic project costs set aside and approved by the Ohio Controlling Board under Section 3318.04 of the Ohio Revised Code; and WHEREAS, Section 3313.46 of the Ohio Revised Code requires School Districts to award contracts to contractors submitting the lowest responsible bids after competitive bidding; and WHEREAS, Section 3318.10 of the Ohio Revised Code provides discretion for the Board of Education, subject to Commission approval, to determine which contractor is the lowest responsible bidder; and WHEREAS, the Board of Education has been and continues to be committed to ensuring that Project schools are built by responsible contractors employing a qualified workforce; and WHEREAS, the Board of Education has previously adopted Policy 6320.01 Determination of Lowest Responsible Bidder (hereinafter called Policy 6320.01 ) and Policy 6320.02 Business Policy (hereinafter called Policy 6320.02 ) on March 21, 2011 and has to date been adhering to the Commission's Instructions To Bidders' Responsible Bidder factors in IB 3.5 in the award of competitively bid Project construction contracts under Chapters 3313.46 and 3318.10 of the Ohio Revised Code; and

March 21 219 2011 REVISED A RESOLUTION REVISING POLICIES 6320.01 AND 6320.02 FOR GENERAL PURPOSES AND RELATED TO ITS ACCELERATED URBAN SCHOOL BUILDING ASSISTANCE PROGRAM PROJECT (cont.) WHEREAS, the Board of Education has previously adopted Policy 6450 Equal and Fair Opportunity in Contract Employment and Business Opportunities (hereinafter called Policy 6450 ) on December 21, 2009 and has previously adopted on June 28, 2004 a Resolution on Equal and Fair Opportunity in Contract Employment and Business Opportunities (hereinafter called the Cincinnati Public Schools Supplier Diversity Program ) and has had success meeting or exceeding its inclusion goals for the Supplier Diversity Program; and WHEREAS, the Board of Education where applicable, in its continuing commitment to use responsible contractors and provide for equal and fair contract employment and business opportunities including but not limited to the creation of internships and employment opportunities for participants and graduates of the Woodward Career Technical Program, now desires to revise Policy 6320.01 and Policy 6320.02 to enhance its current bidder responsibility standards and to even further strengthen its Cincinnati Public Schools Supplier Diversity Program, where possible within established Project Budgets and, where consistent with the Board of Education's Project Owner-Controlled Insurance Program (OCIP); and NOW, THEREFORE BE IT RESOLVED THAT, the Board of Education after careful consideration and evaluation of the information before it: Section 1. The Board of Education in its continuing commitment to the utilization of responsible contractors and to even further strengthen its Cincinnati Public Schools Supplier Diversity Program including but not limited to the creation of internships and employment opportunities for participants and graduates of the Woodward Career Technical Program, hereby adopts Revised Policy 6320.01 and Revised Policy 6320.02 on file with this Board of Education for general purposes and as specifically related to the Project. Said adopted Revised Policy 6320.01 and adopted Revised Policy 6320.02 shall be consistent with the Board of Education's June 28, 2004 Resolution on Equal and Fair Opportunity in Contract Employment and Business Opportunities (Cincinnati Public Schools Supplier Diversity Program) and Policy 6450. Section 2. Subject to the approval of the Commission and as related to the Project only, the Board of Education authorizes said adopted Revised Policies 6320.01 and 6320.02 and Policy 6450 to be added to the Responsible Bidder factors in IB 3.5.2 for Project contractor contracts competitively bid pursuant to Chapters 3313.46 and 3318.10 of the Ohio Revised Code and the applicable portions of the Special Conditions to the Commission s Standard Conditions. Said adopted Revised Policies 6320.01 and 6320.02 and Policy 6450 shall be consistent with the Board of Education's Project Owner-Controlled Insurance Program (OCIP). Said adopted Revised Policies 6320.01 and 6320.02 and Policy 6450 are reasonably related to performance of the Project contract work within the statutory framework set forth in Section 9.312 of the Ohio Revised Code and shall be evaluated in accordance with Section 3.5 of the Instructions to Bidders. Section 3. The provisions of this Resolution shall not be used to contravene Cincinnati Public Schools' Supplier Diversity Program or Ohio's Encouraging Diversity Growth and Equity ("EDGE") Program as established by the Ohio General Assembly and implemented by the Commission. Section 4. The Board of Education directs the Administration to strengthen its efforts to inform students about career opportunities in construction and work with staff who are counseling student about careers to insure that students are well informed about the benefits of construction careers and pathways to such careers. Section 5. The Bidder shall employ good faith efforts to select 40% of its labor and trade personnel who live within the Cincinnati Public Schools District and 40% within the SMSA and certify that they have given priority to hiring workers who live within the CPS District and who are parents of CPS students.

March 21 220 2011 REVISED A RESOLUTION REVISING POLICIES 6320.01 AND 6320.02 FOR GENERAL PURPOSES AND RELATED TO ITS ACCELERATED URBAN SCHOOL BUILDING ASSISTANCE PROGRAM PROJECT (cont.) Section 6. This Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section 7. This resolution shall be in full force and effect upon adoption for implementation by the administration. This adoption shall supersede any prior resolution or act of this Board of Education which may be inconsistent or duplicative with the provisions of this resolution. Eve Bolton, President Vanessa Y. White, Vice President Melanie Bates Catherine D. Ingram A. Chris Nelms Sean T. Parker Eileen Cooper Reed Mrs. Reed moved and Mr. Nelms seconded the motion that the Revised Resolution Revising Policies 6320.01 And 6320.02 For General Purposes And Related To Its Accelerated Urban School Building Assistance Program Project be approved. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried. A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #1; ENVIRONMENTAL REMEDIATION AND ASBESTOS ABATEMENT RELATED TO NEW AIKEN HIGH SCHOOL WHEREAS, the Cincinnati Public Schools (hereinafter called the "School District"), County of Hamilton, Ohio is bidding and awarding construction contract related to its Ohio School Facilities Commission Accelerated Urban School Building Assistance Program (hereinafter called the "Project"); WHEREAS, the School District's Board of Education (hereinafter called the "Board of Education") has entered into an Accelerated Urban School Building Assistance Program Project Agreement (hereinafter called the "Project Agreement") with the Ohio School Facilities Commission (hereinafter called the "Commission") as authorized under Section 3318.38, ORC, pursuant to the receipt of State of Ohio's monies for basic project costs set aside and approved by the Ohio Controlling Board under Section 3318.04, ORC;

March 21 221 2011 A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #1; ENVIRONMENTAL REMEDIATION AND ASBESTOS ABATEMENT RELATED TO NEW AIKEN HIGH SCHOOL (cont.) WHEREAS, the Board of Education, with the approval of the Commission, has contracted with a qualified professional firm, Sierra Environmental Group, Inc. (hereinafter called the "Engineer") under Sections 153.65 to 153.71, ORC to prepare plans, specifications and estimates of cost, and such data as the Board of Education and Commission deem necessary for Bid Package #1; Environmental Remediation and Asbestos Abatement (hereinafter called the "Bid Package") for the New Aiken High School (hereinafter called the "portion of the Project") in compliance with the Project Agreement and Section 3318.091, ORC; WHEREAS, the Commission, with the assistance of the Engineer and Board of Education, has retained a qualified construction management firm, Turner/DAG/TYS (hereinafter called the "Construction Manager"), under Sections 9.33, 9.331 and 9.332, ORC, related to Project planning document estimates of cost, bid packaging, bidding, contract award, administration and closeout, including, but not limited to, the scheduling and coordination of multiple prime contractors; WHEREAS, the Board of Education has appointed certain authorized representatives (hereinafter called the "Authorized Representatives") to act on its behalf during the planning, bidding, award and construction phases of the Project; WHEREAS, the Construction Manager, with the assistance of the Engineer and Board of Education's Authorized Representatives, has completed a Scope of Work to facilitate the bidding and awarding of Contract for said Bid Package for the portion of the Project, taking into consideration factors including, but not limited to, time of performance, availability of labor, overlapping trade jurisdictions, provision of training for start-up and maintenance, provision of operation and maintenance manuals and provisions for temporary facilities, and to eliminate areas of conflict and overlap in the Work to be performed by the various Contractors and has divided said Work into an appropriate number of Bid Packages so as to effect the greatest possible savings for the Board of Education taking into account the Construction Manager's responsibilities to schedule, coordinate and monitor the multiple Contractors; WHEREAS, the Engineer, with the assistance of the Construction Manager, has prepared and submitted to the Board of Education's Authorized Representatives, draft Construction Documents for the Bid Package for the portion of the Project consisting of Drawings and Specifications setting forth in detail the requirements for construction of the portion of the Project. Said Drawings and Specifications are based on the Scope of Work provided by the Construction Manager, the approved Design Development Documents and approved Detailed Estimate of Project Cost and updated Schedule and any further revisions to the Approved Program of Requirements. Additionally, the Engineer and Construction Manager have prepared necessary revisions to the Detailed Estimate of Project Cost and updated the Project Schedule; and WHEREAS, the Board of Education, on behalf of the State of Ohio, now desires to commence the competitive bidding process for the Bid Package for said portion of the Project as authorized under the Project Agreement, and Sections 3313.46 and 3318.10, ORC. NOW, THEREFORE BE IT RESOLVED, by the Board of Education that after careful consideration and evaluation of the information before it: Section 1. The Board of Education authorizes its Authorized Representatives to procure, prior to this Board of Education's award of a Contract for said portion of the Project, if not done so previously, and maintain during the progress of the Work, and until the execution of a certificate of Contract Completion by the Commission, a Builder's Risk insurance policy as and to the extent required by Paragraphs GC12.2 and 12.3. Said policy shall cover all Work in the course of construction for said portion of the Project, including but not limited to falsework, temporary buildings and structures and materials used in the construction process, stored on or off site, or while in transit.

March 21 222 2011 A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #1; ENVIRONMENTAL REMEDIATION AND ASBESTOS ABATEMENT RELATED TO NEW AIKEN HIGH SCHOOL (cont.) Section 2. The Board of Education, as authorized under Sections 3313.46(A)(1) and 3318.10, ORC, and the Project Agreement, approves the draft Construction Document Detailed Estimate of Cost of $760,000.00 for the Bid Package referenced in Section 3 for said portion of the Project in substantially the form presently on file with this Board of Education subject to final approval of the Commission. Section 3. The Board of Education, as authorized under Sections 3313.46(A)(1) and 3318.10, ORC, and the Project Agreement, approves the draft Construction Documents for the following portion of the Project Bid Package in substantially the form presently on file with this Board of Education, subject to finalization to the satisfaction of the Board of Education or the Board of Education's Authorized Representatives, and approval as to legal form by construction counsel and the procurement of all necessary government approvals, including the Commission: Bid Package Phase I BP #1; Environmental Remediation and Asbestos Abatement Section 4. The Board of Education authorizes the Construction Manager, Engineer and the Board of Education's Authorized Representatives, upon finalization of the Construction Documents and procurement of all necessary government approvals, including the Commission, to commence the bidding process for said Bid Package in compliance with all applicable laws, including but not limited to, Sections 9.31, 9.311, 153.12, 153.50, 153.51, 153.52, 153.54 to 153.571, 3313.46, 3318.10 and 5719.042, ORC, and to use the Construction Document Detailed Estimate of Cost stated in Section 2 as the estimate of cost to be included in the Construction Documents as required by Section 153.12, ORC. Section 5. Subject to the approval of the Commission, the Board of Education approves for publication a Notice To Bidders for the Bid Package for said portion of the Project and authorizes the Treasurer, through the Construction Manager, to publish said Notice once each week for a period of at least two (2) consecutive weeks in a newspaper published in and of general circulation in the School District with the last said Notice published at least eight (8) days prior to the date specified for receiving bids in conformance with Sections 7.12, 3313.46 and 3318.10, ORC, unless said Notice is also posted on the School District s website, in which case said Notice can be published only one (1) time in said newspaper, but only if said Notice published in said newspaper and posted on said School District website fully complies with Section 3313.46(A)(2), ORC. Section 6. Subject to the approval of the Commission, the Board of Education authorizes its Authorized Representatives, with the assistance of the Construction Manager and Engineer, to coordinate the opening and tabulation of bids for said Bid Package with the Board of Education in compliance with Sections 3313.46(A)(3) and 3318.10, ORC, and, immediately following the opening of all bids, authorizes the Construction Manager and Engineer to substantiate the bids for responsiveness, consult with the Board of Education and Commission on the acceptance or rejection of alternates and any budget considerations, then conduct a responsibility investigation of the apparent low bidder for said Bid Package, and any other bidder as appropriate, in conformance with the Instructions to Bidders and any bid evaluation process agreed to with the Board of Education's Authorized Representatives and its construction counsel, and prepare and submit to the Board of Education's Authorized Representatives, a recommendation about the award of, or rejection of, any bid or bids for said Bid Package, and the acceptance or rejection of any alternate for said Bid Package, in accordance with applicable law. Section 7. This Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22, ORC.

March 21 223 2011 A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #1; ENVIRONMENTAL REMEDIATION AND ASBESTOS ABATEMENT RELATED TO NEW AIKEN HIGH SCHOOL (cont.) Section 8. This resolution shall be in full force and effect from and immediately after its adoption and shall supersede any prior resolution or act of this Board of Education, which may be inconsistent or duplicative with the provisions of this resolution. Eve Bolton Ms. Bolton moved and Mrs. Bated seconded the motion that the Resolution Approving Construction Documents And Authorizing The Commencement Of Bidding Including The Advertisement For And The Review Of Bids For Bid Package #1; Environmental Remediation And Asbestos Abatement Related To New Aiken High School be approved. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried. A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #2; DEMOLITION AND SITEWORK AND BID PACKAGE #3; NEW FOOTBALL AND TRACK STADIUM AT OLD WOODWARD HIGH SCHOOL WHEREAS, the Cincinnati Public Schools (hereinafter called the "School District"), County of Hamilton, Ohio is bidding and awarding construction contracts related to its Ohio School Facilities Commission Accelerated Urban School Building Assistance Program (hereinafter called the "Project"); WHEREAS, the School District's Board of Education (hereinafter called the "Board of Education") has entered into an Accelerated Urban School Building Assistance Program Project Agreement (hereinafter called the "Project Agreement") with the Ohio School Facilities Commission (hereinafter called the "Commission") as authorized under Section 3318.38, ORC, pursuant to the receipt of State of Ohio's monies for basic project costs set aside and approved by the Ohio Controlling Board under Section 3318.04, ORC; WHEREAS, the Board of Education, with the approval of the Commission, has contracted with a qualified architecture firm, SHP Leading Design (hereinafter called the "Architect") under Sections 153.65 to 153.71, ORC to prepare plans, specifications and estimates of cost, and such data as the Board of Education and Commission deem necessary for Bid Package #2; Demolition and Sitework and Bid Package #3; New Football and Track Stadium (hereinafter called the "Bid Packages") for the Old Woodward High School (hereinafter called the "portion of the Project") in compliance with the Project Agreement and Section 3318.091, ORC; WHEREAS, the Commission, with the assistance of the Architect and Board of Education, has retained a qualified construction management firm, Turner/DAG/TYS (hereinafter called the "Construction Manager"), under Sections 9.33, 9.331 and 9.332, ORC, related to Project planning document estimates of cost, bid packaging, bidding, contract award, administration and closeout, including, but not limited to, the scheduling and coordination of multiple prime contractors;

March 21 224 2011 A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #2; DEMOLITION AND SITEWORK AND BID PACKAGE #3; NEW FOOTBALL AND TRACK STADIUM AT OLD WOODWARD HIGH SCHOOL (cont.) WHEREAS, the Board of Education has appointed certain authorized representatives (hereinafter called the "Authorized Representatives") to act on its behalf during the planning, bidding, award and construction phases of the Project; WHEREAS, the Construction Manager, with the assistance of the Architect and Board of Education's Authorized Representatives, has completed a Scope of Work to facilitate the bidding and awarding of Contracts for said Bid Packages for the portion of the Project, taking into consideration factors including, but not limited to, time of performance, availability of labor, overlapping trade jurisdictions, provision of training for start-up and maintenance, provision of operation and maintenance manuals and provisions for temporary facilities, and to eliminate areas of conflict and overlap in the Work to be performed by the various Contractors and has divided said Work into an appropriate number of Bid Packages so as to effect the greatest possible savings for the Board of Education taking into account the Construction Manager's responsibilities to schedule, coordinate and monitor the multiple Contractors; WHEREAS, the Architect, with the assistance of the Construction Manager, has prepared and submitted to the Board of Education's Authorized Representatives, draft Construction Documents for the Bid Packages for the portion of the Project consisting of Drawings and Specifications setting forth in detail the requirements for construction of the portion of the Project. Said Drawings and Specifications are based on the Scope of Work provided by the Construction Manager, the approved Design Development Documents and approved Detailed Estimate of Project Cost and updated Schedule and any further revisions to the Approved Program of Requirements. Additionally, the Architect and Construction Manager have prepared necessary revisions to the Detailed Estimate of Project Cost and updated the Project Schedule; and WHEREAS, the Board of Education, on behalf of the State of Ohio, now desires to commence the competitive bidding process for the Bid Packages for said portion of the Project as authorized under the Project Agreement, and Sections 3313.46 and 3318.10, ORC. NOW, THEREFORE BE IT RESOLVED, by the Board of Education that after careful consideration and evaluation of the information before it: Section 1. The Board of Education authorizes its Authorized Representatives to procure, prior to this Board of Education's award of Contracts for said portion of the Project, if not done so previously, and maintain during the progress of the Work, and until the execution of a certificate of Completion by the Commission, a Builder's Risk insurance policy as and to the extent required by Paragraphs GC12.2 and 12.3. Said policy shall cover all Work in the course of construction for said portion of the Project, including but not limited to falsework, temporary buildings and structures and materials used in the construction process, stored on or off site, or while in transit. Section 2. The Board of Education, as authorized under Sections 3313.46(A)(1) and 3318.10, ORC, and the Project Agreement, approves the draft Construction Document Detailed Estimate of Cost of $3,875,000.00 for the Bid Packages referenced in Section 3 for said portion of the Project in substantially the form presently on file with this Board of Education subject to final approval of the Commission. Section 3. The Board of Education, as authorized under Sections 3313.46(A)(1) and 3318.10, ORC, and the Project Agreement, approves the draft Construction Documents for the following portion of the Project Bid Packages in substantially the form presently on file with this Board of Education, subject to finalization to the satisfaction of the Board of Education or the Board of Education's Authorized Representatives, and approval as to legal form by construction counsel and the procurement of all necessary government approvals, including the Commission: Number BP#2 BP #3; Bid Package Description Demolition and Sitework New Football and Track Stadium

March 21 225 2011 A RESOLUTION APPROVING CONSTRUCTION DOCUMENTS AND AUTHORIZING THE COMMENCEMENT OF BIDDING INCLUDING THE ADVERTISEMENT FOR AND THE REVIEW OF BIDS FOR BID PACKAGE #2; DEMOLITION AND SITEWORK AND BID PACKAGE #3; NEW FOOTBALL AND TRACK STADIUM AT OLD WOODWARD HIGH SCHOOL (cont.) Section 4. The Board of Education authorizes the Construction Manager, Architect and the Board of Education's Authorized Representatives, upon finalization of the Construction Documents and procurement of all necessary government approvals, including the Commission, to commence the bidding process for said Bid Packages in compliance with all applicable laws, including but not limited to, Sections 9.31, 9.311, 153.12, 153.50, 153.51, 153.52, 153.54 to 153.571, 3313.46, 3318.10 and 5719.042, ORC, and to use the Construction Document Detailed Estimate of Cost stated in Section 3 as the estimate of cost to be included in the Construction Documents as required by Section 153.12, ORC. Section 5. Subject to the approval of the Commission, the Board of Education approves for publication a Notice To Bidders for the Bid Packages for said portion of the Project and authorizes the Treasurer, through the Construction Manager, to publish said Notice once each week for a period of at least two (2) consecutive weeks in a newspaper published in and of general circulation in the School District with the last said Notice published at least eight (8) days prior to the date specified for receiving bids in conformance with Sections 7.12, 3313.46 and 3318.10, ORC, unless said Notice is also posted on the School District s website, in which case said Notice can be published only one (1) time in said newspaper, but only if said Notice published in said newspaper and posted on said School District website fully complies with Section 3313.46(A)(2), ORC. Section 6. Subject to the approval of the Commission, the Board of Education authorizes its Authorized Representatives, with the assistance of the Construction Manager and Architect, to coordinate the opening and tabulation of bids for said Bid Packages with the Board of Education in compliance with Sections 3313.46(A)(3) and 3318.10, ORC, and, immediately following the opening of all bids, authorizes the Construction Manager and Architect to substantiate the bids for responsiveness, consult with the Board of Education and Commission on the acceptance or rejection of alternates and any budget considerations, then conduct a responsibility investigation of the apparent low bidders for said Bid Packages, and any other bidders as appropriate, in conformance with the Instructions to Bidders and any bid evaluation process agreed to with the Board of Education's Authorized Representatives and its construction counsel, and prepare and submit to the Board of Education's Authorized Representatives, a recommendation about the award of, or rejection of, any bid or bids for said Bid Packages, and the acceptance or rejection of any alternate for said Bid Packages, in accordance with applicable law. Section 7. This Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22, ORC. Section 8. This resolution shall be in full force and effect from and immediately after its adoption and shall supersede any prior resolution or act of this Board of Education, which may be inconsistent or duplicative with the provisions of this resolution. Catherine D. Ingram Mrs. Ingram moved and Mr. Nelms seconded the motion that the Resolution Approving Construction Documents And Authorizing The Commencement Of Bidding Including The Advertisement For And The Review Of Bids For Bid Package #2; Demolition And Sitework And Bid Package #3; New Football And Track Stadium At Old Woodward High School be approved. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried.

March 21 226 2011 A RESOLUTION EXPRESSING AN INTENT TO AWARD CONSTRUCTION CONTRACT FOR BID PACKAGE #10; ABATEMENT NORTH WING AND AUTHORIZING THE PRESIDENT AND THE TREASURER TO ENTER INTO SAID CONTRACT UPON COMPLIANCE WITH ALL CONDITIONS PRECEDENT RELATED TO WALNUT HILLS HIGH SCHOOL RENOVATIONS WHEREAS, the Board of Education of the Cincinnati Public Schools (hereinafter called the "Board of Education"), County of Hamilton, Ohio, approved a Detailed Estimate of Construction Cost and draft Construction Documents for Bid Package #10; Abatement North Wing (hereinafter called the "Bid Package") related to Walnut Hills High School renovations (hereinafter called the portion of the "Project") and authorized the commencement of the bidding process, including the advertisement for bids, contingent on approval of the Construction Documents by the Ohio School Facilities Commission (hereinafter called the "Commission"), and all pursuant to applicable laws, including but not limited to, Sections 7.12, 9.31, 9.311, 153.12, 153.50, 153.51, 153.52, 153.54 to 153.571, 3313.46, 3318.10 and 5719.042, ORC; WHEREAS, the Board of Education has complied with all prerequisites of entering into a contract for said Bid Package, including, if applicable, any procedures for disposing of real property required by Section 3313.41, ORC; WHEREAS, the Board of Education has appointed certain authorized representatives (hereinafter called the "Authorized Representatives") to act on its behalf during the planning, bidding, award and construction phases of the portion of the Project; WHEREAS, Turner/DAG/TYS (hereinafter called the "Construction Manager"), with the assistance of Pinnacle Environmental Consultants, Inc. (hereinafter called the Engineer ), and the Board of Education's Authorized Representatives, commenced the bidding process for said Bid Package; WHEREAS, the Construction Manager, with the assistance of the Engineer and the Authorized Representatives, held a Pre-Bid Conference for prospective bidders wherein prospective bidders were briefed on said Bid Package; WHEREAS, the Treasurer, on behalf of the Board of Education, with the assistance of the Engineer, received sealed bids at the time and place established for the receipt of bids for said Bid Package in the Notice to Bidders and opened and read aloud said bids immediately thereafter in compliance with paragraphs IB 3.1 and 3.2; WHEREAS, the Treasurer and Construction Manager, with the assistance of the Engineer and Authorized Representatives, have tabulated the bids received and advised the Board of Education and the Commission on the acceptance or rejection of any or all bids, Alternates and budget considerations; WHEREAS, the Board of Education has complied with all prerequisites of entering into a contract for said Bid Package, including, if applicable, any procedures for disposing of real property required by Section 3313.41, ORC; and WHEREAS, the Treasurer and Construction Manager, with the assistance of the Engineer and Authorized Representatives, have reviewed all bids received for the Bid Package and conducted a responsibility investigation of the apparent low Bidder in compliance with paragraph IB 3.5 and Sections 153.12, 3313.46(A)(6) and 3318.10, ORC, and any other authorizing provisions of law; and NOW THEREFORE, BE IT RESOLVED, by the Board of Education that after careful consideration and evaluation of the information before it: Section 1. Subject to the approval of the Commission, the Board of Education hereby accepts the recommendation of the Authorized Representatives, Construction Manager and Engineer to accept the voluntary withdrawal of said Bid Package for the portion of the Project low bidder Quality Asbestos & Demolition Services pursuant to said bidder s withdrawal request letter in compliance with paragraph IB 4.2.3 and Section 9.31, ORC.

March 21 227 2011 A RESOLUTION EXPRESSING AN INTENT TO AWARD CONSTRUCTION CONTRACT FOR BID PACKAGE #10; ABATEMENT NORTH WING AND AUTHORIZING THE PRESIDENT AND THE TREASURER TO ENTER INTO SAID CONTRACT UPON COMPLIANCE WITH ALL CONDITIONS PRECEDENT RELATED TO WALNUT HILLS HIGH SCHOOL RENOVATIONS (cont.) Section 2. Subject to the approval of the Commission, the Board of Education hereby accepts the recommendation of the Authorized Representatives, Construction Manager and Engineer to award the Base Bids and any Alternates for said Bid Package for the portion of the Project to the Bidder as provided below as the lowest responsible Bidder in compliance with paragraph IB 3.5 and Sections 3313.46(A)(6) and 3318.10, ORC, and any other authorizing provisions of law, contingent upon compliance with all conditions precedent to contract execution under paragraph IB 7.3: Bid Package Lowest Responsible Bidder #10; Abatement North Wing Rainbow Environmental Services, Inc. Base Bid $112,315.00 Alternate: none -0- Total $112,315.00 Section 3. Subject to the approval of the Commission, the Board of Education hereby authorizes the Construction Manager, on its behalf, to forward a Notice of Intent to Award Contract for said portion of the Project in compliance with paragraph IB 3.7, with the appropriate Contract Form, to the lowest responsible Bidder referenced in Section 2. The Construction Manager shall simultaneously notify the surety and agent of the surety of said lowest responsible Bidder of the intent to award pursuant to Section 9.32, ORC. Section 4. Subject to the approval of the Commission and Board of Education construction counsel, and upon compliance with all conditions precedent to Contract execution under paragraph IB 7.3, the Board of Education hereby authorizes the President and Treasurer to sign said Contract. Section 5. Subject to the approval of the Commission, the Board of Education hereby authorizes the Treasurer to sign the Certificate of Funds, upon execution of said Contract, and attach to said Contract a copy thereof, along with a copy of this resolution. The Construction Manager is then directed to forward the executed Contract to the Commission for approval. Section 6. Subject to the concurrence of the Commission, the Board of Education hereby authorizes the Construction Manager, at a time determined appropriate by the Construction Manager, after the Construction Manager's receipt of said Contract signed by the Contractor, to forward a Notice to Proceed for said Contracts in compliance with paragraph IB 7.4. Section 7. Subject to the approval of the Commission, the Board of Education hereby authorizes the Treasurer, at the appropriate time and with the assistance of the Board of Education construction counsel, to prepare, and make available upon request, a Notice of Commencement pursuant to Section 1311.252, ORC, prior to the performance of any work related to said Contract. Section 8. This Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education; and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22, ORC. Section 9. This resolution shall be in full force and effect from and immediately after its adoption shall supersede any prior resolution or act of this Board of Education, which may be inconsistent with or duplicative of the provisions of this resolution. Melanie Bates

March 21 228 2011 A RESOLUTION EXPRESSING AN INTENT TO AWARD CONSTRUCTION CONTRACT FOR BID PACKAGE #10; ABATEMENT NORTH WING AND AUTHORIZING THE PRESIDENT AND THE TREASURER TO ENTER INTO SAID CONTRACT UPON COMPLIANCE WITH ALL CONDITIONS PRECEDENT RELATED TO WALNUT HILLS HIGH SCHOOL RENOVATIONS (cont.) Mrs. Bates moved and Mrs. Reed seconded that the Resolution Expressing An Intent To Award Construction Contract For Bid Package #10; Abatement North Wing And Authorizing The President And The Treasurer To Enter Into Said Contract Upon Compliance With All Conditions Precedent Related To Walnut Hills High School Renovations be approved. Ayes: Members Bates, Ingram, Nelms, Parker, Reed, White, President Bolton (7) Noes: None President Bolton declared the motion carried. REPORT OF THE STUDENT ACHIEVEMENT COMMITTEE The Student Achievement Committee (SAC) met on Monday, March 14, 2011 at 5:00 PM at the John P. Parker School, 5051 Anderson Pl, Cincinnati, Ohio 45227, in the Parker Café. FOR BOARD INFORMATION Ohio School Boards Association (OSBA) Legislative Platform The Committee and the Administration reviewed the Platform and recommended no changes. Ohio Graduation Test (OGT) Jerry Moore, Director of Testing, explained the process for preparation and the administration of the OGT and advised the Committee that testing began March 14, 2011 and went well. Mr. Moore also informed the Committee that due to the flooding at the Riverview East Academy, students were tested at the old Burton school. He discussed the importance of making sure that 95 percent of the students get tested to avoid losing Adequate Yearly Progress points. Educational Initiatives Panel (EIP) and Ohio Improvement Process (OIP) Laura Mitchell, Deputy Superintendent, reported that she attended a meeting on March 10, 2011 to discuss Race To The Top (RTTT) and would be working on each bucket of the below assurances: The standards and assessments assurance includes the adoption of internationally benchmarked standards and assessments that prepare students for success in college and the workplace. The data systems assurance includes building a longitudinal data system that measures student success and informs teachers and principals how they can improve their practices in concert with analyzing student data. The great teachers and leaders assurance includes recruiting, developing, retaining and rewarding effective teachers and principals. Additionally, it calls for changes in teacher and principal preparation and training programs. The lowest-achieving schools assurance calls for aggressive action to be taken in turning around persistently underperforming schools. The Guidelines are released from the U.S. Department of Education U.S. Department of Education.