Westside'Community'Schools' Request'for'Qualifications' 'Construction'Manager'at'Risk'(CMR)' 'Community'Conference'Center' October'12,'2015'

Transcription

1 Westside'Community'Schools' Request'for'Qualifications' 'Construction'Manager'at'Risk'(CMR)' 'Community'Conference'Center' October'12,'2015' NOTICE' In' accordance' with' Westside' Community' Schools' Policy' 3202' Construction' Manager' at' Risk' and' the' Political'Subdivisions'Construction'Act'(PSCA),'Westside'Community'Schools'is'accepting'Statement'of' Qualifications' (SOQ s)' for' Construction' Managers' at' Risk' services' to' renovate' the' existing' Westside' Community'Schools'(WCS)' 'Community'Conference'Center'building'located'at'3534'S'108 th 'St,'Omaha,' Nebraska'68144.''The'SOQ s'will'be'accepted'at'the'wcs'administrative'offices'(abc'building)'located' at'909'south'76 th 'Street,'Omaha,'Nebraska,'until'November'11,'2015'at'3:00'PM'(CDT).' All' responses' to' the' Request' for' Qualifications' for' Construction' Manager' at' Risk' Services' must' be' submitted'to'rob'zimmerman,'wcs'representative'at'the'abc'building,'909'south'76 th 'Street,'Omaha' Nebraska'68114.''Each'response'shall'include'six'(6)'hard'copies'and'one'(1)'electronic'copy'of'the' Proposal.'' The'SOQ s'will'be'evaluated'by'the'wcs'selection'committee'and'follow[up'interviews'will'be'scheduled' as'determined'by'the'selection'committee.''a'recommendation'by'the'superintendent'of'schools'will'be' made'to'the'board'of'education'on'or'around'december'14,'2016'at'the'westside'community'schools' Board' of' Education' Meeting' to' be' held' in' the' Board' of' Education' Meeting' Room' located' in' the' ABC' Building,'909'South'76 th 'Street,'Omaha'Nebraska'68114.' A'mandatory'Pre3Proposal'Meeting'will'be'held'October'19,'2015'at'1:30'PM'(CDT)'at'the'Westside' Community' Schools' ABC' BuildingM' a' firm s' failure' to' attend' the' Pre3Proposal' meeting' will' disqualify'that'firm'from'consideration.''submitting'firms'may'request'information'or'clarifications'to' the'rfq'at'this'meeting.''further'questions'or'requests'for'clarification'must'be'submitted'in'writing'to' Rob'Zimmerman,'Westside'Community'Schools'representative,'909'South'76 th 'Street,'Omaha'Nebraska' 68114,' and/or' may' be' e[mailed' directly' to' on' or' before' 2:00' PM' (CDT)'on'October'30,'2015.'All'written'questions'and'responses'will'be'communicated'to'the'firms'who' attend'the'pre[proposal'conference.'

2 REQUEST'FOR'QUALIFICATIONS/PROPOSAL'FOR'CONSTRUCTION'MANAGER'AT'RISK'' Westside' Community' Schools' ( the' District )' is' requesting' SOQ s' from' interested' firms' to' perform' Construction'Manager'at'Risk'services'for'the'Community'Conference'Center'project.''Project'Advocates' has' been' retained' by' the' District' as' the' Owner' Program' Manager' to' implement' Phase' I' of' the' 2015' Facilities'Master'Plan,'including'the'Community'Conference'Center'project.'''' The'District'shall'have'the'right'to'reject'any'and'all'proposals'to'the'RFQ'at'any'time,'except'for'the' purpose'of'evading'the'provisions'of'the'psca'and'this'policy.''the'district'further'shall'have'the'right' to'cancel'or'amend'and'rfq'at'any'time'and'shall'notify'all'proposers'of'the'action'taken.''the'district' may'subsequently'solicit'new'proposals'using'the'same'or'different'project'performance'criteria'or'cancel' the'construction'manager'at'risk'process.' 1' Project'Scope' 1.1' The' District' is' requesting' SOQ s' for' Construction' Manager' at' Risk' Services' to' renovate' the' Community'Conference'Center'located'at'3534'S'108 th 'St,'Omaha,'Nebraska'68144.'' 1.2' The' Community' Conference' Center' (CCC)' will' be' renovated' to' function' as' a' temporary' two' section'elementary'swing'school'and'the'high'school'career'center.''the'project'will'include' approximately' 80,000' GSF' of' renovated' space.'' Currently' the' Westside' High' School'(WHS)' Career'Center'Learners'utilize'the'upper'level'of'the'facility'and'the'lower'level'is'occupied'by' the'omaha'conservatory'of'music.''in'december'2015'the'omaha'conservatory'of'music'will' be'relocating'to'another'facility.''at'that'time'the'lower'level,'approximately'25,000'gsf,'of'the' CCC'will'be'renovated'to'allow'the'WHS'Career'Center'learners'to'relocate'to'the'lower'level'of' the'facility.''the'upper'level,'approximately'55,000'gsf,'will'be'renovated'to'function'as'a'two' section' elementary' swing' school.'' During' the' construction' of' Oakdale' Elementary,' Swanson' Elementary'and'Prairie'Lane'Elementary'the'learners'from'these'schools'will'be'relocated'to'this' newly' renovated' swing' school.' ' Additionally,' the' CCC' will' be' receiving' some' general' facility' improvements' such' as' electrical' upgradesg' building' envelopeg' concreteg' site' workg' and' playground' equipment.' ' ' Green' building' practices' will' be' used' to' optimize' the' learning' environmentg'however'leed'certification'will'not'be'pursued.'maintaining'project'timelines'and' budget'will'be'of'the'upmost'importance.' 1.3' While'this'project'is'under'construction'the'Career'Center'Learners'and'Educators'will'remain' in'the'facility.' 2' Project'Schedule' 2.1' Reference'the'Attachment' A.''Westside'Community'Schools' 'Facilities'Master'Plan'Phase'I' Implementation'Program'Schedule.'Listed'below'are'milestone'dates'included'in'this'project:' 2.1.1' Design'Start' ' ' ' ' August'19,'2015' 2.1.2' Design'Completion' ' ' ' January'11,'2016' 2.1.3' Demolition/Construction'Start'Lower'Level' January'4,'2016' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 2'

3 2.1.4' Construction'Complete'Lower'Level' ' April'1,'2016' 2.1.5' Construction'Start'Upper'Level' ' April'4,'2016' 2.1.6' Certificate'of'Occupancy' ' ' July'15,'2016' 2.1.7' FFE/MOVE'IN'START''' ' ' July'5,'2016' 3' Project'Estimated'Costs' 3.1' Estimated'Construction'Costs' ' ' ' $''''3,150,000' 4' Request'for'Qualifications'Schedule' 4.1' RFQ'distributed'for'responses' ' ' ' October'12,'2015' 4.2' Pre[Proposal'meeting' '''''''''''' ' ' October'19,'2015' '''' 1:30'PM' 4.3' Project'Site'Walk' ' ' ' ' ' October'22'&'23,'2015'' 4:00'PM' 4.4' Request'for'Clarifications'due' ' ' ' October'30,'2015' ' 2:00'PM' 4.5' SOQ'due' ' ' ' ' ' ' November'11,'2015'' 3:00'PM' 4.6' Notification'of'Short'Listed'Firms' ' ' November'18,'2015' 4.7' Interviews' ' ' ' ' ' ' December'1'['3,'2015' 4.8' Contract'Negotiations' ' ' ' ' December'7'['11,'2015' 4.9' Board'Approval'of'Award'' ' ' ' December'14,'2015'' 5' Statement'of'Qualifications'Instructions' 5.1' Submitting'firms'are'requested'to'provide'the'following'information'as'part'of'their'SOQ:''Please' provide'six'(6)'hard'copies'(one'signed'original)'and'one'(1)'electronic'copy'on'a'flash'drive'in' PDF'format.'Responses'must'be'in'sufficient'detail'for'a'thorough'evaluation'and'assessment.'' 5.2' Information'presented'in'the'SOQ'should'conform'to'the'following:' 5.2.1' 5.2.2' 5.2.3' The'SOQ'shall'be'limited'to'a'maximum'of'forty'(40)'single[faced'pages'of'informationg' the'cover'sheet,'table'of'contents'and'divider'pages'are'not'counted'in'the'page'count.' The'SOQ'shall'conform'to'the'requirements'as'specified'in'this'RFQ.''Include'executive' summary,'and'relevant'project'experience.'' Information'submitted'must'be'arranged'in'the'same'order'in'which'it'is'requested'in' Section'5'of'this'RFQ.' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 3'

4 5.2.4' 5.2.5' SOQ s'are'to'be'bound'or'stapled'in'upper'left[hand'corner.'' Font'size'must'be'at'least'10'point.' ' 5.3' Statement'of'Qualification'Requirements:'To'be'considered'for'evaluation'the'SOQ'submittal' must'contain'the'following'information:'' 5.3.1' Cover' Letter:'' Acknowledge' firm s' intent' to' execute' the' District s' standard' contract' for' CMR'services.' 5.3.2' Table'of'Contents'(not'included'in'page'count):'Format'Table'of'Contents'to'correspond' with'the'submittal'components'listed'herein.' 5.3.3' Executive'Summary:''Identify'the'members'of'your'proposed'project'team'for'the'scope' of'the'services'as'described'in'this'rfq,'including:' ' Name'of'firm,'main'office'address,'phone'number' ' Number'of'all'employees'in'firm' ' Brief' history' of' firm' and' number' of' years' that' the' firm' has' provided' CMR' services'for'similar'projects 5.4' Insurance' and'bonding:'' Provide' a' copy' of' current' insurance' coverage' issued' by' your' firm s' carrier(s)'that'meets'minimum'requirements'set'forth'in'attachment'b.' 5.4.1' Provide'evidence'of'your'firm s'insurance'limits,'limits'of'liability,'and'nebraska'workers ' compensation'multiplier' 5.4.2' Provide'evidence'of'your'firm s'bonding'capacity,'current'total'value'of'bonded'projects,' and'current'premium'rate'for'performance'and'labor'&'material'payment'bonds.' 5.4.3' Firm s'current'financial'statement' 5.5' Claims:''Provide'a'complete'listing'of'the'formal'(written)'claims'presented'to'your'firm,'joint' venture'partners,'outside'consultants,'and/or'subcontractors'in'the'past'three'yearsg'include'(1)' the'name'of'the'claimant,'(2)'a'brief'description'of'the'claim,'(3)'dollar'value'of'the'claim,'and' (4)'whether'the'claim'was'accepted,'rejected,'or'if'settlement'of'any'type'was'made'in'full'or' part'without'admission'of'guilt'or'negligence.''if'handling'of'the'claim'is'still'in'process,'clearly' indicate' resolution'pending. ''For'purposes'of'this'subparagraph,'the'term' claims 'shall'include' lawsuits,' administrative' adjudications,' arbitrations,' mediations,' and/or' claims' on' bonds' or' sureties.'' 5.6' Project'Staff:''Provide'detailed'information,'including'duties/roles'and'time'allotment'of'the'firms ' Key'Project'Specific'Personnel.''Identify'the'correlation'between'the'firm s'experience'and'the' individuals'assigned'to'those'projects.''also,'cite'who'will'be'your'firm s'primary'point'of'contact' on'the'project.'include'an'organizational'chart'and'resumes'for'all'key'project'specific'personnel' including'general'experience'and'responsibilities,'and'k[12'education'construction'experience.' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 4'

5 5.7' Past'Relevant'Experience:''Provide'a'listing'of'similar'projects'(function,'size,'and/or'scope'of' work)'that'your'firm'has'completed'within'the'past'five'(5)'years.''provide'the'following'for'each' project:' 5.7.1' 5.7.2' 5.7.3' 5.7.4' 5.7.5' Name'and'description'of'project,'including'size,'location'(address,'city,'and'state),'year' started'and'year'completed' Names'of'all'employees'from'your'firm'on'the'project' The'construction'delivery'method'used'for'the'project' The'proposed'budget'or'guaranteed'maximum'price'and'the'final'cost'of'the'project' Name,'title,'and'current'contact'information,'including' ,'of'project'Owner' 5.8' Current'Relevant'Experience:''Provide'a'listing'of'current'similar'projects'(function,'size,'and/or' scope'of'work).''provide'the'following'for'each'project:' 5.8.1' 5.8.2' 5.8.3' 5.8.4' 5.8.5' Name'and'description'of'project,'including'size,'location'(address,'city,'and'state),'year' started'and'projected'completion'year' Names'of'all'employees'from'your'firm'on'the'project' The'construction'delivery'method'used'for'the'project' The'proposed'budget'or'guaranteed'maximum'price'and'the'projected'final'cost'of'the' project' Name,'title,'and'current'contact'information,'including' ,'of'project'Owner' 5.9' References:''Include'a'minimum'of'three'(3)'and'a'maximum'of'five'(5)'references'with'regard' to'k[12'education'or'similar'projects'for'which'you'have'provided'construction'services.''the' list'of'references'should'include'a'contact'name,'address,'telephone'number,'and' 'address.' 5.10'Narrative'of'Approach'to'Construction'Services:' 'Describe'your'firm s'approach'to'deliver'the'construction'phase'of'this'project.''include,' at'a'minimum,'your'approach'to'the'phased'constructiong'site'logistics'plang'and'working' in'an'occupied'learning'environment.' 'Describe'the'challenges'associated'with'the'successful'delivery'of'this'project.'Identify' how'your'firm'will'approach'these'challenges'and'overcome'them'to'deliver'the'project' on'time'and'within'budget.' ' The' District s' Program' Manager' will' provide' cost' estimating' and' budget' validation' throughout'project.''explain'how'you'will'work'with'the'district s'program'manager'to' assist' in' validating' the' budget' and' then' maintain' budget' throughout' the' construction' process.' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 5'

6 5.10.4' Identify'any'self[performed'trade'work'resources'that'may'be'utilized,'and'the'approach' to'maintain'cost'competitiveness'to'the'district.'' 'Provide'a'schedule'including'critical'milestones'for'the'District'and'Design'Team.' 5.11'Construction'Manager s'compliance'with'laws'relating'to'the'contract:' 'Construction' Manager' to' provide' current' contractor' licensing' information' including' standing'with'city'of'omaha' 'Construction'Manager'to'provide'letter'of'good'standing'from'CMR s'bonding'company' 'Construction'Manager'to'(10)'ten[year'history'of'any'violations/fines'received'for:' ' ' Storm'Water'management' OSHA' 5.12'Safety:' Describe' your' firm s' approach' to' project' safety.' ' Include' project' control' measuresg' staffingg'training'(including'sub'contractors)g'hazard'analysisg'distribution'of'informationg'public,' learner,'educator'and'visitor'safetyg'and'other'items'deemed'critical'by'firm.''additionally,'include' firm s'safety'recordg'emr'and'other'safety'statistics.' 5.13'Contract'and'Fee'Proposal:''Provide'the'following'information'as'listed'below:' 5.14' The'proposal'shall'state'a'proposed'Overhead'and'Profit'fee'percentage,'which'shall' include'all'of'the'cmr s'expenses'associated'with'the'implementing'and'managing'the' Project'pursuant'to'the'contract.'Identify'the'CMR s'fee'in'the'following'criteria:' ' ' ' ' Base'Feeg'including'any'staff'contained'with'base'fee' Fee'for'proposed'staff'not'included'in'base'fee'including'all'additional' charges'associated'with'the'proposed'staff.'(i.e.,'truck,'phone,'computers,' etc.)' Insurance'rate'(GL,'Worker'Comp,'Umbrella,'and'Auto)' Bonding'rate' 5.15' 5.16' During'the'overall'Project,'the'CMR'shall'not'request'from'the'Owner'any'compensation' for'any'additional'costs'or'expenses'related'to'implementing'or'managing'the'work,' unless'allowed'by'contract.'' Construction'Managers'at'Risk'will'be'performing'services'and'assuming'project' responsibilities'as'generally'described'in'aia'a133[2007'and'aia'a201[2009'with' appropriate'modifications'and'additions'to'ensure'that'the'district'fully'discharges'its' responsibility'in'providing'for'facilities'and'the'expenditure'of'public'funds.'a'copy'of'the' proposed'contract'modifications'and'additions'is'attached'hereto'as'exhibit' B. '' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 6'

7 5.17' If'the'construction'manager'takes'exception'to'any'part'of'the'AIA'A133[2007'or'AIA' A201[2009'as'amended,'these'modifications'shall'be'noted'and'submitted'with'this' proposal.''if'not'exceptions'are'noted'the'contract'will'be'deemed'acceptable'by'the' proposer'as'final'contract'if'awarded'the'project.' 6' Selection'Criteria'and'Process' 6.1' The'Selection'committee'will'evaluate'each'SOQ'taking'into'consideration'the'flowing'criteria.'' The'total'points'for'evaluation'of'this'RFQ'are'set'forth'below.' 6.1.1' 6.1.2' 6.1.3' 6.1.4' 6.1.5' 6.1.6' 6.1.7' 6.1.8' The'financial'resources'of'the'Construction'Manager'to'complete'the'project.'(10'points)' The'ability'of'the'proposed'personnel'of'the'Construction'Manager'to'perform'(40'points)' The' character,' integrity,' reputation,' judgment,' experience' and' efficiency' of' the' Construction'Manager'(30'points)' The'quality'of'performance'of'previous'projects'(40'points)' The'ability'of'the'Construction'Manager'to'perform'within'the'time'specified'(40'points)' The'previous'and'existing'compliance'of'the'Construction'Manager'with'laws'related'to' the'contract'(10'points)'' The'Construction'Manager s'approach'to'project'safety'(15'points)' The'proposed'fee'presented'by'the'Construction'Manager'at'Risk'(15'Points)' 6.2' The'District'will'create'a'short'list'of'firms'to'interview'based'on'the'written'SOQ s.''selections' ultimately'will'be'based'on'the'selection'committee s'determination'of'those'cmr'firms'who'will' best' deliver' the' project' and' provide' the' most' value' to' the' District.' Additionally,' the' selection' committee'will'evaluate'firms 'experience'delivering'k[12'facilities'with'additions'and'extensive' renovations'at'an'occupied'school'under'demanding'schedules.' 6.3' The'District'will'select'a'firm'for'final'approval'by'the'Board'of'Education.' 7' General'Terms'and'Conditions' 7.1' The' District' will' be' utilizing' Submittal' Exchange' as' a' single' source' program' management' software.'' This' software' will' be' utilized' on' all' projects.'' Submitting' firms' understand' and' will' utilize'this'software'for'communication,'document'sharing,'requests'for'information,'submittal' process,'and'other'similar'project'administration.'''this'program'will'be'purchased'by'the'district' and'shall'not'be'considered'part'of'cmr s'construction'cost'or'oh&p'percentage.' 7.2' The'District'will'be'requiring'the'utilization'of'One'Source'background'check/verification'for'all' personnel'on'the'project'including'sub'trades'and'vendors.''cmr'shall'include'the'cost'for'their' own' personnel' One' Source' checks' in' their' fee.' ' The' cost' for' subcontractor' personnel' background'checks'shall'be'included'as'cost'of'the'work.' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 7'

8 7.3' Any'SOQ'submitted'after'the'time'specified'for'receipt'will'not'be'considered'and'will'be'returned' unopened.'' 7.4' No'SOQ'may'be'altered,'amended'or'withdrawn'after'the'specified'time'for'opening'proposals.'' 7.5' By'submitting'a'response'to'the'RFQ,'the'Construction'Manager'agree'to'follow'and'comply'with' all' District' policies,' regulations,' written' staff' directives,' and' practices,' as' well' as' information' management,'purchasing,'and'accounting'requirements.' 7.6' Certification'of'Valid'Licensure:''To'be'considered'responsive'to'the'requirements'of'this'RFQ,' the'construction'manager'shall'provide'verifiable'evidence'of'the'following:' 7.6.1' Terminations:''The'Construction'Manager,'and'their'employees,'shall'certify'that'neither' the'firm'nor'its'principals'have'been'terminated'during'the'performance'of'a'contract'or' withdrew' from' a' contract' to' avoid' termination.' ' If' the' firm' cannot' certify' these' two' statements,'the'firm'shall'submit'a'written'explanation'of'the'circumstances'for'review'by' the'school'district.''construction'managers'responding'are'to'submit'these'certifications' with'their'soq'responses.' 7.6.2' Release'of'References:''Construction'Manager,'for'the'firm'and'their'employees,'must' affirmatively'agree'to'the'following:' By'submitting'this'response'to'the'RFQ,'our'firm,'and'all'employees'thereof,'individually' and' corporately,' hereby' release,' discharge' and' agree' to' hold' harmless' the' Westside' Community' School' District,' its' board' members,' administrators,' officers,' employees,' agents'and'contractors,'and'any'third[parties'who'provide'any'information'to'the'westside' Community'School'District,'as'well'as'any'assignees,'from'any'and'all'claims'for'damages' for' libel,' slander,' defamation,' invasion' of' privacy,' false' light,' tortious' interference' with' business'expectancy'or'any'other'claim'based'on'any'investigation'of'the'background,' references,'credentials,'history,'experience'and'abilities'of'the'submitting'construction' Manager'at'Risk'and'any'statements,'comments,'records,'documents,'or'publications,' not' maliciously' made,' in' any' form,' made' by' or' received' by' the' Westside' Community' School' District,' and' any' third[parties' providing' requested' information' about' the' Construction' Manager s' background,' history,' credentials' and/or' abilities' to' provide' the' services'identified'in'this'rfq. ' 7.7' The'District'reserves'the'right'to'reject'any'and'all'SOQ s,'and'to'reject'any'soq s'that'are'non[ responsive'or'not'responsive,'and'to'waive'technicalities'and'formalities.'' ATTACHMENTS' A-' Westside'Community'Schools' 'Facilities'Master'Plan'Phase'I'Implementation'Program'Schedule' B-' AIA'Documents'A133'and'A201['with'modifications' C-' Westside'Community'School'District' 'Policy'3202'['Construction'Manager'at'Risk' Westside'Community'Schools' 'Community'Conference'Center' Request'for'Qualifications' 'Construction'Manager'at'Risk'Services' 8'

9 WESTSIDE COMMUNITY SCHOOL DISTRICT BOND IMPLEMENTATION PHASE 1 OVERALL PROGRAM SCHEDULE ID Task Name Duration Start 1 PHASE I 1576 days Wed 7/29/15 2 Board of Education Meetings 1265 days Tue 9/8/15 3 BOE September day Tue 9/8/15 4 BOE September day Mon 9/21/15 5 BOE October day Mon 10/5/15 6 BOE October day Mon 10/19/15 7 BOE November day Mon 11/2/15 8 BOE November day Mon 11/16/15 9 BOE December day Mon 12/14/15 10 BOE January day Mon 1/11/16 11 BOE February day Mon 2/1/16 12 BOE February day Mon 2/15/16 13 BOE March day Mon 3/7/16 14 BOE March day Mon 3/21/16 15 BOE April day Mon 4/11/16 16 BOE April day Mon 4/25/16 17 BOE May day Mon 5/9/16 18 BOE June day Mon 6/6/16 19 BOE July day Mon 7/11/16 20 BOE August day Mon 8/1/16 21 BOE August day Mon 8/15/16 22 BOE September day Mon 9/5/16 23 BOE September day Mon 9/19/16 24 BOE October day Mon 10/3/16 25 BOE October day Mon 10/17/16 26 BOE November day Mon 11/7/16 27 BOE November day Mon 11/21/16 28 BOE December day Mon 12/5/16 29 BOE July day Mon 7/10/17 30 BOE December day Mon 12/4/17 31 BOE July day Mon 7/9/18 32 BOE Decmeber day Mon 12/3/18 33 BOE July day Mon 7/8/19 34 BOE December day Mon 12/2/19 35 BOE July day Mon 7/13/20 36 Owner Activities 1516 days Wed 7/29/15 56 Westside CCC 244 days Wed 8/19/15 57 Project Design 104 days Wed 8/19/15 58 Design Procurement 5 days Wed 8/19/15 59 Design contract Negotiations 10 days Wed 8/26/15 60 BOE Approval 1 day Tue 9/8/15 61 Schematic Design 25 days Mon 9/14/15 62 BOE Approval 1 day Mon 10/19/15 63 Design Development 35 days Tue 10/20/15 64 Construction Documents 25 days Tue 12/8/15 65 Project Construction 206 days Mon 10/12/15 66 Long lead materials procurement 35 days Tue 12/8/15 67 CMR Procurement 40 days Mon 10/12/ H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 9/8 9/21 9/8 10/5 10/19 11/2 11/16 10/19 12/14 1/11 2/1 2/15 3/7 3/21 4/11 4/25 5/9 6/6 7/11 8/1 8/15 9/5 9/19 10/3 10/17 11/7 11/21 12/5 7/10 12/4 7/9 12/3 7/8 12/2 7/13 Page 1 October 12, 2015

10 WESTSIDE COMMUNITY SCHOOL DISTRICT BOND IMPLEMENTATION PHASE 1 OVERALL PROGRAM SCHEDULE ID Task Name Duration Start 68 CMR contract negotiations 5 days Mon 12/7/15 69 BOE Approval 1 day Mon 12/14/15 70 Preconstruction 30 days Tue 12/15/15 71 Demolition 15 days Tue 1/5/16 72 Security Vestibule 40 days Tue 1/26/16 73 Envelope 55 days Tue 1/26/16 74 Interiors - Lower Level 50 days Mon 1/25/16 75 CCC Students relocate to Lower Level 0 days Mon 4/4/16 76 Interiors - Upper Level 60 days Mon 4/4/16 77 Site Amenities 40 days Tue 4/12/16 78 Punch list/commisioning 15 days Mon 6/27/16 79 FFE 15 days Tue 7/5/16 80 High Priority Projects 256 days Wed 8/19/ Westside Middle School - Addition and Renovation 762 days Tue 9/8/ Oakdale Elementary - New School 597 days Tue 9/22/ Sunset Hills Elementary - New School 678 days Mon 1/4/ Project Design 270 days Mon 1/4/ Project Construction 408 days Mon 1/16/ Swanson Elementary - New School 783 days Tue 1/3/ Project Design 269 days Tue 1/3/ Project Construction 514 days Mon 1/15/ Prairie Lane Elementary- Addition and Renovation 678 days Mon 1/7/ Project Design 260 days Mon 1/7/ Project Construction 418 days Mon 1/6/ H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 12/14 4/4 Page 2 October 12, 2015

11 AIA Document A133 TM 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of in the year 2015 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) Douglas County School District , a/k/a Westside Community Schools, a Nebraska political subdivision and public school district 909 South 76th Street Omaha, Nebraska Ph / Fax hereinafter referred to as "Owner" or School District. and the Construction Manager: (Name, legal status and address) [INSERT CM@R] hereinafter referred to as Construction Manager or CM@R. for the following Project: (Name and address or location) Renovation of the Community Conference Center located at 3534 South 108 th Street, Omaha, Nebraska: The Community Conference Center (CCC) will be renovated to function as a temporary two section elementary swing school and the High School Career Center. The project will include approximately 80,000 GSF of renovated space. Currently the Westside High School (WHS) Career Center Learners utilize the upper level of the facility and the lower level is occupied by the Omaha Conservatory of Music. In December 2015 the Omaha Conservatory of Music will be relocating to another facility. At that time the lower level, approximately 25,000 GSF, of the CCC will be renovated to allow the WHS Career Center learners to relocate to the lower level of the facility. The upper level, approximately 55,000 GSF, will be renovated to function as a two section elementary swing school. During the construction of Oakdale Elementary, Swanson Elementary and Prairie Lane Elementary the learners from these schools will be relocated to this newly renovated swing school. Additionally, the CCC will be receiving some facility needs work such as electrical upgrades; building envelope; concrete; site work; and playground equipment. Green building practices be used to optimize the learning environment; however LEED certification will not be pursued. Maintaining project timelines and budget will be of the upmost importance. (Hereinafter referred to as the Project ). The Architect: (Name, legal status and address) DLR Group Inc. a Nebraska corporation 6457 Frances Street, Suite 200 Omaha, Nebraska ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 1

12 Ph hereinafter referred to as "Architect or Project Architect. The Owner and Construction Manager agree as follows. AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 2

13 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER S RESPONSIBILITIES 3 OWNER S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS 1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner s acceptance of the Construction Manager s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. 1.2 RELATIONSHIP OF THE PARTIES The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents TERM OF AGREEMENT AND SCHEDULE FOR PROJECTS: Term: The term of this Agreement between the Owner and the CM@R shall be for a period commencing upon the effective date of this Agreement and shall continue until the earlier of termination of the Agreement as provided in the General Conditions or for a period ending one year following the issuance of the Certificate of Substantial Completion by the Project Architect for each of the Projects described on Appendix A Schedule for Projects: The schedule for commencement of construction and substantial and final completion of the Projects is as follows: AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 3

14 Project Date of Substantial Final Completion Commencement Completion Project A - Construction Start Lower Level 01/25/ /05/16 08/01/16 Project B- Construction Start Upper Level 04/04/ /05/16 08/01/16 Project C - Facility Upgrades and Equipment 01/25/ /05/16 08/01/ GENERAL CONDITIONS For the Preconstruction Phase, AIA Document A , General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A , which document is incorporated herein by reference. The term Contractor as used in A shall mean the Construction Manager. In the event that there are conflicting provisions between this Agreement and the General Conditions, the provisions of this Agreement shall control. 1.4 DEFINITIONS THE PROJECT: For purposes of this Agreement, the Project shall mean as follows: Renovation of the Community Conference Center located at 3534 South 108 th Street, Omaha, Nebraska: The Community Conference Center (CCC) will be renovated to function as a temporary two section elementary swing school and the High School Career Center. The project will include approximately 80,000 GSF of renovated space to be renovated as follows:!!! Project A - Lower Level: The lower level, approximately 25,000 GSF, of the CCC will be renovated to allow the WHS Career Center learners to relocate to the lower level of the facility. Project B - Upper Level: The upper level, approximately 55,000 GSF, of the CCC will be renovated to function as a two section elementary swing school. Project C - Facility Upgrades and Equipment: The CCC will be receiving some facility needs work such as electrical upgrades; building envelope; concrete; site work; and playground equipment. (Hereinafter referred to as the Project ). A more particular description of each of the Projects is shown on the Scope of Project Sheet, Appendix A. The overall Project shall have a single total project budget. Projects A, B, and C each shall have separate plans and specifications, schedules, and Guaranteed Maximum Prices (GMP) TOTAL PROJECT BUDGET: The total project budget for each separate project is as follows (hereinafter for each individual project the Project Budget ):!!! Project A - Lower Level: Estimated Project Budget = $ ; Project B - Upper Level: Estimated Project Budget = $ ;. Project C - Facility Upgrades and Equipment: Estimated Project Budget = $ ; THE WORK: For purposes of this Agreement, the Work shall mean the Subcontracts or Multiple Prime Contracts for the construction of each of the Projects. The CM@R is responsible for the construction, administration and/or supervision of the Work under the Construction Documents COST OF THE WORK: For purposes of this Agreement, Cost of the Work shall mean the total cost of all Subcontracts for the construction of each of the Projects and site improvements described in the Contract Documents, all Aid-to-Construction costs, and all Expenses to be Reimbursed, as defined in Article 6 to this Agreement. Cost of the Work shall not include the Construction Manager s Compensation under Articles 4 and 5 of this Agreement, the cost of any insurance and surety contracts purchased or controlled by the Owner, or any other contracts or agreements that are not part of or described by the Construction Documents, or Architect/Engineering or other professional fees and expenses EXPENSES TO BE REIMBURSED: For purposes of this Agreement, Expenses to be Reimbursed shall mean those expenses incurred by the CM@R that are to be reimbursed pursuant to the provisions of Article 6. AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 4

15 1.4.5 CONSTRUCTION CONTINGENCY: For purposes of this agreement, the term Construction Contingency as referred to and identified in the budget, cost estimates for each of the Projects, including any form of guaranteed maximum price, shall mean a dollar amount not designated for any division of the Work which is available to be applied to the budget for a specified division or divisions of the Work for materials; provided that all funds identified as contingency funds are available for the project on an as needed basis and shall at all times be the sole property of the Owner. The Guaranteed Maximum Price (GMP) for each of the Projects will contain a separatelyidentified contingency amount (the Construction Contingency ). The Construction Contingency is not allocated to any particular item of the Cost of the Work and is established for the Construction Manager s use as may be required for costs incurred in the Work from causes, or details which should have been anticipated by the Construction Manager at the time of the Owner s approval of the GMP. Such causes or details are limited to refinement of details of design within the scope of standards, quality and quantities which were reasonably inferable from the Construction Documents at the time of the Owner s approval of the GMP. The Construction Manager, with Owner s written approval, may utilize the Construction Contingency for any of the above items within the Cost of the Work without the necessity of a Change Order, without constituting a change in the Scope of the Work, and without resulting in any change in the GMP. Any causes or unanticipated details which exceed the Construction Contingency shall be borne by the CM@R at the CM@R s sole risk. All savings in the Construction Contingency will accrue and be available for use, only as detailed above, by the CM@R until the CM@R s final accounting. In the final accounting, all supporting documentation for all uses of the Construction Contingency shall be provided to Owner. Upon final accounting, all remaining monies in the Construction Contingency shall accrue to the Owner GUARANTEED MAXIMUM PRICE: For purposes of this Agreement, Guaranteed Maximum Price or GMP shall mean the total of the sum of the Cost of the Work for each of the identified Projects, which amount is guaranteed by the CM@R not to exceed the amount provided in resolution of the Board of Education of the Owner approving such GMP, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price or GMP. There will be three (3) GMPs, one for each of the identified Projects, under this Agreement. IF THE GUARANTEED MAXIMUM PRICE IS EXCEEDED FOR ANY PROJECT, AS THE CASE MAY BE, THE CONSTRUCTION MANAGER SHALL BE RESPONSIBLE FOR PAYMENT FROM ITS OWN RESOURCES WITH NO CONTRIBUTION FROM THE OWNER OF THE DIFFERENCE BETWEEN THE FINAL PRICE AS DEFINED AT PARAGRAPH BELOW AND THE GUARANTEED MAXIMUM PRICE AS ADJUSTED BY CHANGE ORDERS, IF ANY FINAL PRICE: For purposes of this Agreement, Final Price or FP shall mean the sum of the final Cost of the Work, Expenses to be Reimbursed, and the CM@R s Compensation for Basic Services as calculated by the Owner (hereinafter the Final Price or FP ). There will be three (3) Final Prices, one for each of the identified Projects, under this Agreement. The Final Price shall be determined by the Owner based upon disbursements made by the Owner for the Project to construct the Work under the Contract Documents. The Owner shall notify the Construction Manager of the Final Price not less than thirty (30) days following the issuance of the Certificate of Substantial Completion by the Architect for the new school facility. The Construction Manager shall have the right to inspect the records of the Owner and conduct an audit to confirm the Owner s calculation of the Final Price; provided, that the CM@R must request such audit within thirty (30) days of the receipt from the Owner of the Final Price calculation or the right to such audit shall be waived and the Final Price calculated by the Owner shall be final and binding on all parties PROJECT TEAM: For purposes of this agreement, Project Team shall mean the Owner, including the Superintendent, Board Facilities Committee and other parties assigned by the Owner, the Owner s Representative, the Construction Manager, the Project Architect, and the Fiscal Agent OWNER S DESIGNATED REPRESENTATIVE: Rob Zimmerman Project Manager for Owner s Representative Project Advocates 120 South 31 st Street Omaha, Nebraska Ph CM@R S DESIGNATED REPRESENTATIVE: Matt Schendt, Project Executive AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 5

16 [IBSERT INFORMATION] 1.5 DATE OF SUBSTANTIAL COMPLETION: The shall commence the Work of the Projects and achieve Substantial Completion of the entire Work no later than the following dates: Project Date of Substantial Final Completion Commencement Completion Project A - Construction Start Lower Level 01/25/ /05/16 08/01/16 Project B- Construction Start Upper Level 04/04/ /05/16 08/01/16 Project C - Facility Upgrades and Equipment 01/25/ /05/16 08/01/16 ARTICLE 2 CONSTRUCTION MANAGER S RESPONSIBILITIES 2.0 The Construction Manager s Preconstruction Phase responsibilities are set forth in Sections 2.1 through 2.2. The Construction Manager s Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. 2.1 PRECONSTRUCTION PHASE The Construction Manager shall provide a preliminary evaluation of the Owner s program, schedule and construction budget requirements, each in terms of the other CONSULTATION The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions When Project requirements in Section have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect s review and the Owner s acceptance. The Construction Manager shall obtain the Architect s approval for the portion of the Project schedule relating to the performance of the Architect s services. The Project schedule shall coordinate and integrate the Construction Manager s services, the Architect s services, other Owner consultants services, and the Owner s responsibilities and identify items that could affect the Project s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner PHASED CONSTRUCTION The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues PRELIMINARY COST ESTIMATES Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect s review and Owner s approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 6

17 refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect s review and the Owner s approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action SUBCONTRACTORS AND SUPPLIERS The Construction Manager shall use due diligence to develop bidders interest in the Project, with an emphasis on developing and encouraging local contractor interest The Construction Manager shall prepare, for the Architect s review and the Owner s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them EXTENT OF RESPONSIBILITY The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require NOTICES AND COMPLIANCE WITH LAWS The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents. 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME At a time to be determined pursuant to paragraph below based upon the Excel 16 Division Spreadsheet Report form, Appendix B, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the identified Project for the Owner s review and acceptance for each separate Project:!!! Project A - Lower Level Project B - Upper Level Project C - Facility Upgrades and Equipment The Guaranteed Maximum Price in the proposal for each separate Project shall be the sum of the Construction Manager s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, but excluding the Construction Manager s Fee The Owner shall deliver to the Construction Manager the Drawings and Specifications for each phase of the Project on the date established by the Project schedule approved by the Owner, Project Architect and CM@R. These documents will be approximately 70% complete Construction Documents (the Basis Documents ). At the same time, the Owner will also deliver to the Construction Manager the Architect s detailed listing of any material incomplete design elements and the Architect s statement of intended scope with respect to such incomplete elements and divisions of the work (the Design Intent Statement ) The Construction Manager shall within twenty-one (21) days of the receipt of the Basis Documents and the Design Intent Statement, receipt of which shall be acknowledged in writing, prepare and submit to the Owner a Guaranteed Maximum Price (GMP) proposal for each identified Project (Projects A, B and C individually) based upon the standard construction industry sixteen (16) divisions of the Work following the Excel 16 Division Spreadsheet Report setting forth the estimated cost organized by materials and systems, trade categories, allowances, AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 7

18 contingency, and other items, along with qualifications and assumptions based upon the Basis Documents and the Design Intent Statement and all information required under paragraph below The Construction Manager, Owner, Project Architect, and selected consultants (Project Team) shall meet to identify the extent that Drawings and Specifications are anticipated to require further development by the Architect pursuant to subparagraph 2.2.2, contingencies pursuant to subparagraph 2.2.4, and reconcile any questions, discrepancies or disagreements relating to the qualifications and assumptions, the Basis Documents or the Design Intent Statement pursuant to subparagraph The reconciliation shall be documented by an addendum to the GMP qualifications and assumptions that shall be approved in writing by the Project Team The Construction Manager shall then prepare and submit to the Owner within twenty-one (21) days of the receipt of the addendum to the GMP, a final GMP proposal for the identified Project The Owner shall provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment(s) pursuant to subparagraph The total of the final negotiated GMP for all three (3) identified Projects (Projects A, B and C individually) shall not exceed the total project budget established for construction. If the total of the final negotiated GMP exceeds the total project budget, the Owner reserves the right to terminate the agreement with the CM To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications;.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems as set forth in the Excel 16 Division Spreadsheet Report, allowances, contingency, and the Construction Manager s Fee;.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and.5 A date by which the Owner must accept the Guaranteed Maximum Price In preparing the Construction Manager s Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager s exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal for each Project (Projects A, B and C individually). In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal for one of the Projects (Projects A, B or C individually) in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price for a Project (Projects A, B or C individually), the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 8

19 The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. 2.3 CONSTRUCTION PHASE GENERAL For purposes of Section of A , the date of commencement of the Work shall mean the date of commencement of the Construction Phase The Construction Phase shall commence upon the Owner s acceptance of the Construction Manager s Guaranteed Maximum Price proposal or the Owner s issuance of a Notice to Proceed, whichever occurs earlier ON-SITE STAFFING: The CM@R shall maintain exclusively for the Project a competent, duly licensed and certified full-time staff at the Project Site to coordinate and direct the Work and progress of the Subcontractors. All of the CM@R s on-site management and supervisory personnel shall be consistent with the CM@R s interview presentation and shall not be removed or replaced without the Owner s consent, which consent will not be unreasonably withheld. The Owner shall have the right to direct the CM@R to remove or replace any on-site personnel whose performance becomes unsatisfactory to the Owner. In such event the CM@R shall promptly replace such personnel without consideration of any additional compensation for the replacement. Such on-site staffing shall include an on-site Superintendent who shall perform the following duties: PROJECT MANAGER: CM@R's project manager, while not required to be present full-time at the site, shall remain assigned to this Work, and be available on an as-needed basis throughout the course of the Work until items requiring completion or correction, identified at Substantial Completion have been completed or corrected in accordance with the Construction Documents ON-SITE SUPERINTENDENT(S): The CM@R shall have a Superintendent on the site of the Work at all times the Work is being performed. CM@R's Superintendent shall be present full-time on the site as soon as possible after commencement of the Work, and shall remain assigned to this Work, and present on the site, throughout the course of the Work until items requiring completion or correction, identified at Substantial Completion have been completed or corrected. From Substantial Completion until Final Completion, the Superintendent shall be on the site as necessary to ensure that Final Completion occurs within the time specified. The CM@R's Superintendent s services shall include: (1) Review of all stages of construction to become intimately familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents; (2) shall be responsible to assure that the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work performed by the Contractor are in compliance with the Contract Documents and all local, state and federal regulations; (3) shall make continuous onsite inspections to check quality or quantity of the Work; and, (4) shall keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work ADMINISTRATION ACTUAL PERFORMANCE OF THE WORK THROUGH MULTIPLE PRIME CONTRACTS: All of the Work on the Project, except such work identified and approved by the Owner s Designated Representative as an Aid to- Construction or as a Reimbursable Expense under Article 6, shall be performed under contracts to be held by the AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 9

20 Construction Manager as the contracting party and such contract shall be covered by the Construction Manager s payment and performance bonds (hereinafter referred to as Subcontracts ). The Construction Manager shall advertise for competitive bids for each Subcontract and award such Subcontracts as set forth below. As part of the process of obtaining competitive bids for the Work, the Construction Manager shall perform the following responsibilities CONSTRUCTION MANAGER DEVELOPMENT OF BID PACKAGES: The Construction Manager shall develop bid packages and solicit Subcontractor interest in the Project with emphasis on the development of bid packages that will encourage participation by local contractors ADVERTISEMENT FOR COMPETITIVE BIDS: Except as provided in paragraph 2.4 below, the Construction Manager shall advertise for competitive bids for all portions of the Work pursuant to the bid process that shall include (a) preparing invitations for bids and proposals and proposed contract documents; (b) publishing public notice which includes the general nature of the proposed work, fixes the hour, date, time and place where such bids and proposals shall close, or be received or opened, and provides the name and telephone number of a person to be contacted by anyone interested in submitting a bid and proposal to contract for such work in a newspaper of general circulation in the school district at least fourteen (14) days prior to bid and proposal opening and providing other public notice; (c) establishing evaluation criteria, interview and selection procedures which may include consultations with one or more bidders; and (d) preparing, signing, executing and delivering all documents, and taking or causing to be taken all other necessary or appropriate action to complete the bidding and proposal process for each contract In implementing the forgoing bid process, the Construction Manager shall be generally responsible to including, but not limited to: SCHEDULE FOR LETTING BIDS: Establish a schedule for letting bids for each portion of the Work pursuant to the schedule for the construction of the Work established for the Project; DATES FOR ADVERTISEMENT OF BIDS: Establish dates for advertising for and opening of bids; LOCATION OF BID OPENING AND READING AND AVAILABILITY OF BIDS: All bids will be opened at the CM@R s offices, and shall be read aloud in public to those present. All submitted bids shall be available for public inspection thereafter during the normal business hours for the Owner s administrative offices within twenty-four (24) hours of the bid opening; and the Construction Manager shall provide to each submitting bidder a summary of the bids within five (5) business days of the opening of the bids; PUBLICATION OF BIDS: Arrange for publication of advertisement for bids, which publication shall fix the day and hour upon which the bids shall be returned or received, and the date, hour and location the bids will be opened, and that the bids shall be opened in the presence of the bidders, or representatives of the bidders, when the hour is reached for the bids to close; PROVISION OF CONSTRUCTION DOCUMENTS: Provide to all prospective bidders the Plans and Specifications for the portion of the Work being let for bids; PRE-BID CONFERENCES: Be in attendance at and conduct pre-bid conferences with firms interested in submitting bids as Subcontractors following the schedule for the Project; SPECIFY REQUIRED INFORMATION FROM BIDDERS: Confirm with all prospective Subcontract bidders that they will provide all information requested of bidders on the Work required by the Owner in the bid documents; PRESENCE AT BID OPENINGS: Be present at all bid openings; MINIMUM NUMBER OF BIDS AND EVALUATION OF BIDS: For a bid package to proceed to award there must be not less than three (3) bona fide bids submitted, unless such requirement is waived for good cause by the Owner s Designated Representative; good cause shall be determined on a case-by-case basis in consideration of the receipt of competitive nature of the bids received and the progress of the Work. In consultation with the Owner and Project Architect, evaluate each bid and bidder, and make recommendations to the Owner regarding which bids will be accepted as the lowest responsible bid for portions of the Work being bid; and, AIA Document A (formerly A121 CMc 2003). Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 18:28:55 on 03/04/2014 under Order No _1 which expires on 02/10/2015, and is not for resale. User Notes: ( ) 10