MORELAND SCHOOL DISTRICT REQUEST FOR PROPOSALS/QUALIFICATIONS FOR CONSTRUCTION MANAGEMENT

Transcription

1 1. INTRODUCTION MORELAND SCHOOL DISTRICT REQUEST FOR PROPOSALS/QUALIFICATIONS FOR CONSTRUCTION MANAGEMENT The MORELAND SCHOOL DISTRICT ( District ) is seeking proposals and concepts from qualified firms to act as a Construction Manager ( CM ) and provide construction management services to the District. The District desires to engage a single entity to provide a complete range of professional consulting services to support its Project, as described below, as an extension of the District s staff. CM shall not serve as a general construction contractor, architect, or engineer for the Project. The full contracted scope of work shall be negotiated with the selected firm(s) based on the services proposed by the firm and/or required by the District. It is critical that the CM is successfully able to blend the authority delegated to the CM by the District with the District s non-delegable responsibilities to form a constructive and effective working relationship. The CM is encouraged to view a more detailed description of the CM s anticipated duties in the Scope of Services described in Exhibit A, attached hereto. This Request for Proposals/Qualifications ( RFP ) describes the project, required Scope of Services, selection process, and minimum information that must be included in the proposal. This RFP will request each Proposer to concisely state its qualifications and its concept for how the CM and District will develop a constructive and effective partnership. 2. PROJECT DESCRIPTION 2.1 Project Background/Description On November 2, 2010, approximately 68.95% of District voters approved Measure K, which authorized the District to issue $55,000,000 of general obligation bonds. The District s project shall consist of the ( Project ). a. Roofing & photovoltaic system installation. b. Lunch shelters as needed. c. Site landscaping, field renovation and irrigation water conservation methods, all as needed. d. Site work projects including utilities, site lighting, drop off/pick up, asphalt concrete paving replacement, fencing, parking signage and striping and ADA access as needed. e. Interior finishes and casework, as needed. SDPUB\TDORWARD\

2 f. Classroom and site wide technology, day lighting, power and low voltage system upgrades. HVAC upgrades, art and music room upgrades and conversions, all as needed. g. Remodel, possibly expand and/or reconstruction of the multi-purpose rooms, athletic facilities, media centers and storage rooms, all as needed. h. Exterior painting as needed. i. Portable building replacement with new classrooms, as needed. j. Hazardous materials abatement, classroom and administrative interior remodeling and expansion. Science room upgrades, restroom upgrades, as needed. k. Performing arts academic center, site reorganization and classroom reconstruction as needed. 2.2 Fee Estimate Range Proposer must submit a fee proposal in a separate, sealed envelope. The fee proposal shall include hourly rates for anticipated positions within the CM organization structure. The fee proposal should also include an estimate of personnel hours and cost to complete the scope of work. All direct costs, handling charges and profit/overhead shall be included in the fee proposal as well. Any proposed reimbursable expenses should also be listed. A professional services agreement detailing a final scope of work and not-to-exceed fee shall be negotiated with the successful Proposer based on the draft agreement attached hereto as Exhibit B. 2.3 Term The initial term of the contract shall be determined by the District depending on specific Bond Projects contemplated at the time. District may, at its sole discretion, offer an option to renew. 3. SCOPE OF REQUIRED SERVICES Although the full scope of work shall be negotiated in the professional services agreement, CM will be expected to fulfill, at a minimum, the services described in the Scope of Services attached hereto as Exhibit A. 4. PROPOSAL REQUIREMENTS 4.1 General Each proposal shall include a description of the type, technical experience, background, qualifications and expertise of the Proposer's firm. The description shall show that the firm possesses the demonstrated skills and professional experience to perform the general functions of the Project and fulfill the goals and vision of the District. Proposals shall demonstrate the Proposer s ability to develop and implement a creative approach to construction management. SDPUB\TDORWARD\

3 4.2 Contents (a) Executive Summary (limit: 2 pages) Provide an overview of the entire proposal describing the general approach or methodology the Proposer will use to meet the goals and fulfill the general functions required in this RFP. (b) (c) Table of Contents (limit: 1 page) Identification of the Proposer (limit: 1 pages) i. Legal name and address of company. ii. iii. iv. Legal form of company (corporation, partnership, etc.). Address and phone number of the office that will be primarily responsible for providing services for this Proposal. California Business License Number. (d) Staffing Resources (limit: 2 pages) i. Firm Staffing and Key Personnel (1) Provide total number of professional staff employed by the firm. (2) Identify three (3) persons that will be principally responsible for working with the District. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation. (3) Provide brief biographies of individuals that will be working directly with the District. (e) Fiscal Stability (limit: 1 page - not including supporting documentation) The Proposer should provide evidence of corporate stability including: i. A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or ii. iii. A letter from a financial institution stating a current line of credit; and Latest audited financial statement and/or annual report that have been certified by a CPA. This information will remain confidential and is not subject to public disclosure. SDPUB\TDORWARD\ (f) Experience and Technical Competence (limit: 5 pages) 3

4 i. Experience (1) The Proposer shall provide a description of how the Proposer s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP. (2) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years experience in providing the required scope of construction management services for public clients, preferably other Districts. Please provide three references to support the number of years of experience with public clients. Include the name, address, and phone number of each reference. (3) The Proposer should describe any experience with providing services for the District. Include the name and description the project. ii. Project Specific Experience (1) The Proposer shall provide a description of the three most relevant CM contracts held by the firm, preferably involving construction projects similar to the District s proposed Project, within the last five (5) years, one page per project, to include: A. Role of the firm B. Dollar value of the project C. Dollar value of the CM fee D. Project description E. Staffing F. Duration of project G. Relationship to client H. Contact name, position, entity name, telephone number, fax number and address for each project. (2) If any of the following has occurred, please describe in detail: SDPUB\TDORWARD\ A. Failure to enter into a contract or professional services agreement once selected. B. Withdrawal of a proposal as a result of an error. C. Termination or failure to complete a contract. D. Debarment by any municipal, county, state, federal or local agency. E. Involvement in litigation, arbitration or mediation. F. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal 4

5 rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. G. Knowing concealment of any deficiency in the performance of a prior contract. H. Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. I. Willful disregard for applicable rules, laws or regulations. Information regarding any of the above may, at the sole discretion of the District, be deemed to indicate an unsatisfactory record of performance. iii. Technical Competence (1) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.) (2) Ability to draw upon multi-disciplinary staff to address the services requested in this RFP. (g) Proposed Method to Accomplish the Work (3 pages) Describe the technical and management approach to the management partnership with the District. Proposer should take into account the scope of the Project goals of the District, and general functions required. In reviewing the Scope of Services described in Exhibit A, the Proposer may identify additional necessary tasks and is invited to bring these to the District s attention within the discussion of its proposed method to accomplish the work. (h) Insurance (limit: 1 page - not including supporting documentation) A letter from insurance company indicating ability to provide insurance. Insurance requirements include the following: i. A.M. Best financial rating of no less than A:XV SDPUB\TDORWARD\ ii. iii. Commercial General Liability Insurance: Commercial General Liability Insurance shall be at least as broad as Insurance Services Office General Liability Coverage (Occurrence Form CG 0001.) Three Million Dollars ($3,000,000) per occurrence for bodily injury, personal injury and property damage/ Five Million Dollars ($5,000,000) aggregate. Automobile Liability Insurance: Automobile liability insurance shall be at least as broad as Insurance Services Office Form 5

6 Number CA 0001 covering Automobile Liability, Code 1 (any auto). One Million Dollars ($1,000,000) for bodily injury and property damage each accident limit. iv. Workers' Compensation and Employer's Liability Insurance: The respondent shall insure (or be a qualified self insured) under the applicable laws relating to workers' compensation insurance, all of their employees in accordance with the Workers Compensation and Insurance Act, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The respondent shall provide employer's liability insurance in the amount of at least One Million Dollars ($1,000,000) per accident for bodily injury and disease. v. Professional Liability Insurance (Errors and Omissions): The respondent shall provide professional liability insurance in the amount of at least One Million Dollars ($1,000,000) per claim. vi. vii. viii. ix. All insurance will be in a form and with insurance companies acceptable to the District. Insurance carriers shall be qualified to do business in California and maintain an agent for process within the state. Indicate current value of all work the respondent has under contract. Indicate current worker's compensation experience modification ratio (EMR). x. All insurance policies shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without thirty (30) days prior written notice to the District. Proposer agrees that it will not cancel or reduce said insurance coverage. SDPUB\TDORWARD\ xi. xii. Proposer agrees that if it does not keep the aforesaid insurance in full force and effect, District may either immediately terminate this agreement or, if insurance is available at a reasonable cost; District may purchase necessary insurance and pay, at Proposer's expense, the premium thereon. At all times during the term of the agreement, Proposer shall maintain on file with the District a certificate of insurance, on the form provided by the District, showing that the aforesaid policies are in effect in the required amounts. The policies shall contain an endorsement naming the District as an additional insured (except for the workers compensation and professional liability policies), providing that the policies cannot be cancelled or reduced, except on thirty (30) days written notice to the District, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions set forth in this agreement. 6

7 Proposer shall promptly file with the District Clerk such certificate or certificates. xiii. The insurance provided by the Proposer shall be primary to any coverage available to the District. The insurance policies (other than workers compensation) shall include provisions for waiver of subrogation. THE SUBMISSION OF A PROPOSAL INDICATES THAT THE PROPOSER SHALL PROVIDE THE ABOVE ENUMERATED INSURANCE REQUIREMENTS IF SELECTED. (i) Litigation (limit: 1 page) Provide litigation history for any claims filed by your firm or against your firm related to the provision of program or project or construction management services in the last five (5) years. (j) Other Information (limit: 1 page) This section shall contain all other pertinent information regarding the following: (1) Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget. (2) Description of community involvement. (3) Description of any previous involvement with the District. (k) Appendices (limit: none) 5. PRE-SUBMITTAL ACTIVITIES 5.1 Questions Concerning Request for Proposal All questions, interpretations or clarifications, either administrative or technical must be requested in writing and directed to the contact person identified in 6.4: All written questions will be answered in writing and conveyed to all firms on the Proposer's List. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by the scheduled date given in Section 8 of this RFP (the Schedule of Events). 5.2 Revision to the Request for Proposal The District reserves the right to revise the RFP until the date specified in Section 8 of this RFP (the Schedule of Events). Revisions to the RFP shall be mailed to all Proposers that have timely submitted a Letter of Interest. The District expressly reserves the right to extend the date by which proposals are due. 7 SDPUB\TDORWARD\

8 6. SUBMITTAL REQUIREMENTS 6.1 General It is strongly recommended that the Proposer submit proposals in the format identified in this section to allow the District to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The District reserves the right to request additional information which in the District's opinion is necessary to assure that the Proposer's competence, number of qualified employees, business organization and financial resources are adequate to perform according to contract. 6.2 Preparation Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer's demonstrated capability to perform work of this type. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the Project approach and work plan should be forwarded as part of the Proposer s response. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal. 6.3 Format Proposals shall adhere to this required format for organization and content. Proposal must be divided into the individual sections and organized as follows: (a) Executive Summary: This section shall include a response to Section 4.2 (a). (2 pages) (b) (c) Table of Contents: Provide a table of contents referencing section headings and page numbers. Identification of the Proposer: This section shall include a response to Section 4.2 (c). (1 page) (d) Staffing Resources: This section shall include a response to Section 4.2 (d). (2 pages) (e) (f) (g) Fiscal Stability: This section shall include a response to Section 4.2 (e). (1 page) Experience and Technical Competence: This section shall include a response to Section 4.2 (f). (5 pages) Proposed Method to Accomplish Work: This section shall include a response to Section 4.2 (g). (3 pages) SDPUB\TDORWARD\ (h) Insurance: This section shall include a response to Section 4.2 (h). (1 page) (i) Litigation: This section shall include a response to Section 4.2 (i). (1 page) 8

9 (j) (k) Other Information: This section shall include a response to Section 4.2 (j). (1 page) Appendices: This section shall provide supporting documents specified in the RFP. (No limit) Tabs should be provided for each of the sections listed above. The RFP shall not exceed eighteen (18) pages excluding front and back covers, tabs, and appendices and supporting documentation. The proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer. 6.4 Date, Time and Place of Submission office of: The proposal must be received no later than 4:30 p.m. on December 10th, at the Tom Kennedy, Facilities/Construction Moreland School District 4711 Campbell Avenue San Jose, CA (408) (408) fax Submission of proposals by facsimile or is not acceptable. The Proposer is entirely responsible for the means of delivering the proposal to the appropriate office on time. Delays due to internal routing of misdirected proposals or due to verbal directions given by District staff shall be the responsibility of the Proposer. The proposal must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. LATE PROPOSALS WILL NOT BE ACCEPTED. Modifications of proposals received after the deadline specified in this section will not be considered. 6.5 Number of Copies One (1) unbound original and five (5) copies of proposal shall be submitted to the District contact person identified in Section Packet Submission Proposals shall be submitted in sealed packages with the following information clearly marked on the outside of the package: (a) (b) (c) Name of Proposer Package Number Sealed Cost Estimate of Services (in separate, sealed envelope) 7. EVALUATION AND AWARD OF CONTRACT 9 SDPUB\TDORWARD\

10 7.1 Responsiveness to RFP All proposals shall be reviewed to verify that the Proposer has met the minimum requirements of the RFP. Proposers are encouraged to follow the format of the RFP in order to facilitate District review. 7.2 Evaluation and Award of Contract It is the District's intent to select a firm best evidencing demonstrated competence and professional qualification to perform the described services. The District reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain firms may be selected to make a brief presentation and oral interview after which a final selection will be made. The CM will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the District's research and investigation. Upon selection of a firm, the District will endeavor to negotiate a mutually agreeable CM agreement with the selected firm. In the event that the District is unable to reach agreement, the District will proceed, at its sole discretion, to negotiate with the next firm selected by the District. The District reserves the right to contract for services in the manner that most benefits the District including awarding more than one contract if desired. 8. SCHEDULE OF EVENTS The District anticipates the following time line for the process of selecting a CM: Action Date Release of Request for Proposal November 19, 2010 Last Day to Submit Questions for Clarification December 3, 2010 received by the District on or before 4:30 p.m. Clarifications Issued by District Fax December 8, 2010 issued by the District on or before 4:30 p.m. Deadline for Receipt of Proposals submitted on or before 4:30 p.m. December 10, 2010 Notification of Finalist(s) & Interviews of Finalist(s) at District s discretion Week of January 3, 2011 Notification of Intent to Award January 7, 2011 Authorization to Negotiate Contract District Council January 11, GENERAL PROVISIONS 9.1 Additional Services The District may elect, at any time, to amend any contract awarded hereunder to require the selected firm to provide additional services. In this case, the selected firm and the District will agree mutually on the scope and fees associated with any additional services. 10 SDPUB\TDORWARD\

11 9.2 Addenda The District may modify this RFP or any of its deadline dates set forth in Section 8 of the RFP prior to the date fixed for submission of proposals by issuance of an addendum to all firms who have submitted a Letter of Interest within the required Timelines. 9.3 Alternative Proposals Only one final proposal is to be submitted by each Proposer. Multiple proposals will result in rejection of all proposals submitted by the Proposer. 9.4 Withdrawal of RFP The Proposer may withdraw its RFP submitting a written or facsimile request signed by the Proposer's authorized representative, prior to the time and date specified for proposal submission to the contact person set forth in Section 6.4 Proposals may be withdrawn and resubmitted in the same manner if done so before the proposal submission deadline. Withdrawal or modification offered in any other manner will not be considered. 9.5 Reservations The District reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP. The District may reject any or all proposals and may waive any immaterial deviation in a proposal. The District's waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Proposer from compliance with the other provisions of this RFP. 9.6 Disposition of Proposals Proposals become the property of the District and may be returned only at the District's option and at the Proposer's expense. Information, excluding Proposer's financial information, contained therein shall become public documents subject to the Public Records Act. 9.7 Exceptions to this RFP The Proposer shall certify that the Proposer takes no exceptions to this RFP, including but not limited to the District's standard Construction Management Agreement attached hereto as Exhibit B. 9.8 Non-Discrimination The District does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. 9.9 Labor Compliance Program/Prevailing Wages SDPUB\TDORWARD\

12 Pursuant to Labor Code section , the District may implemented and shall enforce a Labor Compliance Program ( LCP ), approved by the Department of Industrial Relations. As applicable the Proposer shall be required to comply with all the requirements of the District's LCP and applicable provisions of the California Labor Code. In submitting a proposal for this Project, it shall be the Proposer's responsibility to evaluate the cost of complying with the District s LCP. All such services are included within the Scope of Services and shall be included in the hourly rate proposed pursuant to Section 3.02 hereof. In addition, Proposers are aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section et seq. ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and the performance of other requirements on certain public work and maintenance projects. Proposer must agree to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws to the extent applicable Tobacco and Drug-Free Workplace Policy. The District and all District projects are tobacco and drug free workplaces and, as such, require that all the Construction Managers be subject to the requirements mandated by California Government Code section 8350, et seq. when on Project site. SDPUB\TDORWARD\

13 SDPUB\TDORWARD\ EXHIBIT A SCOPE OF SERVICES The Scope of Services shall be negotiated and fully set forth in the CM agreement, and include, but is not limited to, the following: Phase I: Preconstruction Phase Provide preliminary evaluation of Project and Project budget requirements. Establish and maintain construction management plan; coordinate information flow. Create a master project schedule using the critical path method. Review design documents for constructibility, scheduling, clarity, consistency, and coordination. Submit recommendations regarding the constructibility. Undertake value engineering analysis and submit recommendations to the District to maintain established project budget. Prepare a detailed estimate of Project construction costs to be updated periodically. Monitor design phase milestones schedule. Participate in bid conferences and advise the District, as needed. Coordinate all contract documents pertaining to the construction of the Project. Provide information for and prepare safety program. Provide recommendations for effective and efficient separation of the Project into separate work categories. Review bids and materials breakdowns submitted by bidders. Review labor requirements for the Project and provide recommendations for appropriate quantities of laborers for each critical phase of the Project. Provide any and all other services required by law or regulation for this phase of the Project. Schedule and conduct conferences and meetings with trade contractors, architect, District, and/or other interested parties. Phase II: Construction Phase Maintain contact with potential bidders. Assist in preparation and placement of bid notices. Prepare construction contracts and ensure execution by successful bidders. Submit project documentation to agencies as required by state law, rules or regulations. Attend internal and public meeting as required. Coordinate the bidding and management of hazardous material work. Facilitate work coordination. Schedule and conduct conferences and meetings with trade contractors, architect, District, and/or other interest parties. Periodically update master schedule. Require and monitor satisfactory progress of trade contractors; recommend corrective action if such performance standard is not being met. Maintain documents on project site. Maintain Project Site in an orderly and waste free condition and in accordance with the law. EXHIBIT A-1

14 Require installation and maintenance of noise reducing devices on construction equipment. Review each trade contractor's storm water pollution prevention plan and provide recommendations to the District. Review each trade contractor s safety program and assist in coordinating implementation of the programs. Review, monitor and reconcile construction costs. Maintain accounting records. Assist in obtaining building and special permits. Procure additional consultants at District's request. Transmit requests for interpretation to Architect and Owner s Representative. Process change orders and other approvals. Establish procedure for change orders. Track all Requests for Information (RFI) and Change Order Request (COR) related to projects. Track all conditional and unconditional liens, and report status of lien releases. Assist in the administration and enforcement of the District's Labor Compliance Program. Assist the District in determining the lowest responsive/responsible bidder for equipment quotations. Arrange delivery, storage and protection of District purchased materials and equipment. Develop procedures for review and process progress and final payments for trade contractors. Monitor progress of Project and submit written progress reports to District, Architect, and Owner s Representative. Assist Architect, Owner s Representative, and District in determining when Project is substantially complete and prepare a summary of status of work for each trade contractor. Coordinate final inspection of work. Phase III: Post-Construction Phase Collect and submit to District operations and maintenance data for equipment, record drawings for projects, warranties and bonds for equipment, keys, tools, list of construction trade contractors, vendors and other providers of services on the Project, and guaranties and warranties from all trade contractors. Assist Architect in the preparation of punch lists for contractor, subcontractors, and other consultants on the projects Coordinate with Architect, Division of State Architect, Office Public School Construction, and Department of Education for final acceptance of project Assist District in obtaining occupancy permit. Assist District with any warranty problems or claims. Any other services required to be provided under applicable state laws, rules and/or regulations. SDPUB\TDORWARD\ EXHIBIT A-2

15 EXHIBIT B DRAFT CONSTRUCTION MANAGEMENT AGREEMENT [SEE ATTACHMENT] SDPUB\TDORWARD\ EXHIBIT B-1

16 AGREEMENT Between MORELAND SCHOOL DISTRICT And [INSERT NAME OF CONSTRUCTION MANAGER] FOR CONSTRUCTION MANAGEMENT SERVICES FOR PROJECT THIS CONSTRUCTION MANAGEMENT SERVICES AGREEMENT ("Agreement") is made and entered into as of the day of in the year 2010, MORELAND SCHOOL DISTRICT, hereinafter called "District," and, hereinafter called the "Construction Manager" for the following described project(s) (the "Project"): Moreland School District [INSERT NAME OF PROJECT] The architect for the Project ("Architect") is: [INSERT NAME OF ARCHITECT] [INSERT ARCHITECT S ADDRESS] RECITALS I. The principal members of the Construction Manager are professional consulting contractors, and represent that they possess the professional qualifications and expertise to provide the services called for herein; and II. III. The District has conducted a Request for Qualifications/Proposals Process and has determined that the Construction Manager is the appropriate qualified firm for this project; and The District desires to retain the Construction Manager to perform Construction Management services necessary for the full and adequate completion of the District's above referenced Project, including but not limited to pre-construction, bid/award, construction, and post-construction phase services. NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF SERVICES; TERM A. Scope of Services. The Construction Manager agrees to further the interests of the District by furnishing the Construction Manager's skill and judgment in cooperation with, and reliance upon, the services of the Architect assigned \

17 to the Project. The Construction Manager agrees to furnish business and construction administration and management services and to perform its services hereunder in an expeditious and economical manner consistent with the interests of the District. To these ends, the Construction Manager shall be responsible for the overall coordination, administration and scheduling of all work on the Project. The Construction Manager shall be responsible, to the extent described in this Agreement for ensuring that the Project is properly completed in a competent and professional manner within the District's budget and in accordance with the District's schedule for timely completion. B. Basic Services. The Construction Manager's "Basic Services" consist of performing the duties enumerated below, which includes Pre-Construction Phase services, Bid/Award Phase services, Construction Phase services and Post-Construction Phase services. The Basic Services shall also include responsibility for fulfilling the duties described under Article 16 of this Agreement (General Conditions). C. Ineligibility to Bid. The Construction Manager, and any other business with common ownership, shall be ineligible to bid on any construction contract in the Project, but shall remain eligible to bid on any other District projects. The Construction Manager maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for the Construction Manager, to solicit or secure this Agreement. Further the Construction Manager warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for the Construction Manager, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the District shall have the right to rescind this Agreement without liability. D. Term of Services. Commencement of Services. The Construction Manager shall commence work upon receipt of a written Notice to Proceed for the Pre-Construction Phase of the Project from the District. 1. Term. This Agreement shall terminate upon the filing of all Notices of Completion for each of the individual projects which comprise the Project, unless extended by supplemental agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. The Construction Manager shall perform the Pre- Construction services, Construction Phase services and Post-Construction Phase services as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project \

18 2. Extension of Term. Should the Project schedule be extended due to unforeseeable or unknown circumstances beyond the Construction Manager's control, this Agreement may be extended by supplemental agreement, and the Construction Manager may be compensated for this extension as "Additional Services" as set forth in Article 2, Section D (5) herein. 2. DUTIES OF CONSTRUCTION MANAGER A. Phase I: Pre-Construction Phase. Construction Manager shall provide services that relate to the organization and development of the Project prior to the start of construction including the following: 1. The Construction Manager shall provide preliminary evaluation of the Project and Project budget requirements, and, with the Architect's assistance, prepare preliminary estimates of Construction Cost (as defined in Article 5, Section A, below) for early schematic designs based upon area, volume and other standards as applicable. The Construction Manager shall consult with District staff regarding the selected site or the site to be selected. The Construction Manager shall also assist the District and the Architect in achieving mutually agreed-upon Project budget requirements and other design parameters, as well as provide the District with cost evaluations of alternative materials and systems. The Construction Manager shall also work with District staff to develop Project accounting and budget management systems. 2. Construction Management Plan. The Construction Manager will prepare and submit a "Construction Management Plan" for the Project. The Construction Management Plan shall: (1) provide a preliminary evaluation of the District's schedule, cost and design requirements for the Project; (2) develop an anticipated construction schedule; (3) review the District's budget, noting any potential shortfalls or surpluses and recommending cost reductions and/or value engineering; (4) suggest amendments to contracts as needed to clarify and delineate the duties and responsibilities of the District, the Architect, the contractors and the Construction Manager; and (5) set forth a plan for the administration and coordination of all work on the Project. The plan shall provide for review and acceptance by the District and the Architect. This Construction Management Plan will establish the general basis for the sequence of contracting for construction of the Project and the attendant design effort required. In connection with the preparation of such Construction Management Plan, Construction Manager will evaluate the local construction market, District resources and District schedule and budget goals and develop various alternative approaches. Upon approval by the District of the Construction Management Plan, the Construction Manager will prepare the Construction Management Plan in final form and distribute \

19 the same to the District and others designated by the District. The Construction Management Plan will indicate the Project rationale and recommend the strategy for soliciting construction services and will contain the various bid packages for the Project and the Master Project Schedule as set forth below in Subparagraph Master Schedule. The Construction Manager shall prepare and provide for the Architect's and District's review and acceptance, a "Master Project Schedule," using the critical path method (CPM), that coordinates and integrates the Construction Manager's services, the Architect's services, the services of other pre-bid consultants (if known to the Construction Manager), and the District's responsibilities with anticipated construction schedules. The Construction Manager shall submit the Master Project Schedule to the District for acceptance and update the Master Project Schedule as appropriate on at least a monthly basis. The Construction Manager shall not be responsible for delays in the completion of the Project when such delay is beyond Construction Manager's control. 4. Review of Designs Documents. The Construction Manager shall review Project design documents during their development and provide recommendations on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. The Construction Manager shall also provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction of the Project and subparts thereof if requested, and factors relating to cost including, but not limited to, costs of alternate designs of materials, preliminary budgets and possible economics that could be achieved through alternate methods or substitutions. a. Value Engineering. The Construction Manager's review of design documents shall include value engineering and life-cycle cost analysis. If, upon completing its review of the design documents, the Construction Manager believes that work of the Project depicted in the design documents, construction processes/procedures, specified materials and equipment or other aspects of the design documents can be modified to reduce Construction Cost (as defined in Article 5, Section A below) and/or the time for achieving final completion of the Project and/or to extend life-cycle and/or to reduce maintenance/operations costs, without diminution in the quality of materials/equipment/workmanship, scope or intended purposes of the Project, the Construction Manager shall identify the same in writing ("the Value Engineering Recommendations") for review and consideration by the District. The Construction Manager shall submit the Value Engineering Recommendations to the District's Representatives within sixty (60) days of the date of execution of this Agreement. The District shall have the sole and exclusive discretion to accept some, all or none of the Value-Engineering \

20 Recommendations. If the District accepts any of the Value Engineering Recommendations, the Construction Manager shall review the design documents as modified by the Architect for confirmation that the District accepted Value Engineering Recommendations are incorporated into the design documents to be issued on behalf of the District for bidding by multiple contractors ("Trade Contractors"). If the Construction Manager determines that the Architect has not incorporated into the design documents the Value Engineering Recommendations accepted by the District, the Construction Manager shall advise the District of measures to ensure that the design documents issued for bidding by Trade Contractors incorporate the District accepted Value Engineering Recommendations. The Construction Manager shall implement such measures to obtain the Architect's compliance as directed or authorized by the District. b. Constructability Review. The Construction Manager shall review the design documents to ascertain whether the Project, as depicted in the design documents: (a) accurately and completely reflect the District's Project objectives; and (b) the Project design documents are free of errors, omissions, conflicts, or other deficiencies so that Trade Contractors can construct the Project as depicted in the design documents without delays, disruptions or additional costs resulting from errors, omissions, conflicts or other deficiencies in the design documents. The scope of the Construction Manager's constructability reviews shall include, without limitation: (a) written confirmation that requirements noted in the design documents are consistent with and conform to the District's Project requirements; (b) written confirmation that the various components of design documents prepared by the Architect and its design consultants have been coordinated and are consistent with each other so as to eliminate conflicts within or between components of the design documents; and (c) confirmation that there are no errors, omissions or other deficiencies in the design documents. The Construction Manager shall submit written review comments ("Constructability Review Comments") to the District's representatives within sixty (60) days of the date of this Agreement. The District shall have the sole and exclusive discretion to accept some, all or none of the Constructability Review Comments. If the District accepts any of the Constructability Review Comments, the Construction Manager shall review the design documents modified by the Architect for confirmation that the District accepted Constructability Review Comments are incorporated into the design documents issued on behalf of the District for bidding by Trade Contractors. If the Construction Manager determines that the Architect has not incorporated into the design documents the Constructability Review Comments accepted by the District, the Construction Manager shall advise the District of measures to ensure that the design documents issued for bidding by Trade Contractors incorporate the District accepted Constructability Review Comments. The Construction Manager shall implement such measures as directed or authorized by the District \

21 5. Estimate of Project Construction Costs. The Construction Manager shall prepare for the District's approval a more detailed estimate of Project Construction Cost (as defined in Article 5, Section A below) developed by using estimating techniques which anticipate the various elements of the Project, and which are based upon the schematic design documents prepared by the Architect. The Construction Manager will update and refine this estimate periodically as the Architect prepares Design Development and the Final Construction Documents. The Construction Manager shall also advise the District and the Architect if it appears that the Construction Cost may exceed the Project budget established by the District and shall make recommendations for corrective action. The Construction Manager will, further, provide input to the District and Architect relative to value of construction, means and methods for construction, duration of construction of various building methods and constructability. 6. Coordination of Contract Documents. The Construction Manager shall coordinate all documents pertaining to the construction of the Project, including, without limitation, drawings and specifications, bid documents, construction contracts and general, supplementary and special conditions, etc. (collectively, the "Contract Documents") by consulting with the District and its Legal Counsel, and by consulting with the Architect regarding drawings and specifications, as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility or ability to keep cost within the Project budget or Master Project Schedule. a. Architect's 50% and 90% Contract Documents. The Construction Manager shall review the Architect's fifty percent (50%) and ninety percent (90%) Contract Document submissions and provide written comments on the coordination of the various disciplines, including civil, structural, architectural, mechanical, electrical (to include low voltage applications), HVAC, plumbing and site work/landscape. Should significant variance be detected in the fifty percent (50%) or ninety percent (90%) Contract Document estimate reviews between estimated Project cost and architectural approach, the Construction Manager will initiate and conduct a cost adjustment session with the Architect and the District in attendance. b. Cost Model. At the conclusion of these sessions, in conjunction with the District, the Construction Manager shall request commitment from the Architect for design adjustments to the Contract Documents in an effort to maintain adherence to the Project budget. The Construction Manager will provide a fifty percent (50%) Construction Cost (as defined in Article 5, Section A below) estimate in "cost model" format at completion of fifty percent (50%) of the Contract Documents, and will arrange for a ninety percent (90%) \

22 Construction Cost estimate in "cost model" format at completion of ninety percent (90%) of the Contract Documents. Each such estimate will be accompanied by a written report to the District and Architect identifying variances with the Project budget. 7. Safety Program Recommendations. The Construction Manager shall provide recommendations and information to the District and the Architect regarding the assignment of responsibilities for safety precautions and programs; temporary Project facilities; and equipment, materials and services for common use of Trade Contractors. The Construction Manager shall also verify that the requirements and assignment of responsibilities are included in the proposed Contract Documents to the extent the same are not to be provided by the Construction Manager as General Conditions pursuant to this Agreement. 8. Recommendations Regarding Separation of Project Work. The Construction Manager shall advise on the most effective and efficient separation of the Project into contracts for various categories of work, and advise the District on the method to be used for selecting Trade Contractors and awarding construction contracts. This requires the Construction Manager to review the drawings and specifications to provide that (1) the work of the separate Trade Contractors is coordinated; (2) all requirements for the Project have been assigned to the appropriate separate contract; (3) the likelihood of jurisdictional disputes have been minimized; and (4) proper coordination has been provided for phased construction. 9. Recommendations Regarding Purchase of Certain Materials and Equipment. The Construction Manager shall further investigate, recommend and prepare a schedule for the District's purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect. The Construction Manager shall also expedite and coordinate delivery of these purchases, and assist the Purchasing Director with preparation of bid packages and specifications, if requested. 10. Analysis Regarding Labor Requirements. An analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases, shall be provided by the Construction Manager. The Construction Manager shall also make recommendations for actions designed to minimize adverse effects of labor shortages. 11. Additional Construction Manager Duties Required By Law Made Part of Agreement. In addition to all Pre-construction Phase services, obligations and responsibilities of the Construction Manager set forth above, the Construction Manager shall provide all construction management services \

23 for the Pre-Construction Phase which are required by applicable state laws, rules or regulations, including but not limited to, the California Department of Education, the State Allocation Board ("SAB"), Office of Public School Construction ("OPSC") or any other regulatory entity with jurisdiction over the Project, as a "Basic Service" under Pre-Construction Phase of this Agreement. B. Phase II: Bid/Award Phase. 1. Facilitate Competitive Bidding. The Construction Manager shall ensure that the Project's construction schedule and Master Project Schedule are included in each set of bidding documents, and shall also ensure that all contracts for construction are competitively bid and advertised as required by law. The Construction Manager shall generate and encourage bidder interest in the Project. 2. Preparation of Invitation for Bids. In coordination with District's Legal Counsel and Architect, the Construction Manager shall coordinate use of District's Contract Documents and shall ensure that all requirements are contained in the contract for construction, including but not limited to: (1) applicable requirements for equal opportunity and Disabled Veterans' Business Enterprise Programs [DVBE]; (2) applicable California Labor Code provisions including but not limited to prevailing wages, hours of labor, retention of payroll records, employment of apprentices, and Labor Compliance Program provisions; (3) labor and materials (payment) bonds at one hundred percent (100%) of the total contract amount; (4) performance bonds at one hundred percent (100%) of the total contract amount; and (5) bid bonds, or bidder's security at ten percent (10%) of the total contract amount. The Construction Manager will also assist in recommending correct forms to the Architect for inclusion in the Project Contract Documents. 3. Development of Bidder Interest/Pre-Bid Procedures. The Construction Manager shall maintain contact with potential bidders on a regular basis throughout the bid period. This includes, if applicable, bonded major subcontractors and suppliers, as well as Trade Contractors. The Construction Manager shall also: (1) conduct a telephone campaign to stimulate and maintain interest in bidding on the Project; (2) assist the District and Architect in checking the references and experience of the bidders; (3) share information in its possession with the District; (4) establish bidding schedules; (5) assist the District and Architect in preparing and placing notices and advertisements to solicit bids (6) assist the District in issuing bidding documents to bidders; (7) conduct pre-bid conferences and site visits, if applicable, to familiarize bidders with the bidding documents, management techniques and any special systems, materials or methods; (8) document and notify District and Architect of questions from bidders, and coordinate with the District and Architect to respond to such questions, \