REQUEST FOR QUALIFICATIONS (RFQ) FOR Construction Management Services Issued: October 21, 2015 Deadline for Submittal of Qualifications: November 16, 2015 Construction Management Services P a g e 1 28
INTRODUCTON The Travis Unified School District (District) is requesting proposals for construction management multi-prime services for modernization and new school construction. Projects may include Scandia Elementary School and other projects. At this time, it is the District intent to conduct the work on a trade contracting or multiple prime basis. Background Travis Unified School District is located adjacent to and serves Travis Air Force Base, portions of the cities of Vacaville and Fairfield, and portions of unincorporated Solano County. Approximately 5,500 students attend school in our District. The District includes five elementary schools, two of which are located within the perimeter of Travis Air Force Base. Another is located in Fairfield right outside the base, and the other two are located in the south portion of Vacaville. In addition, we have a middle school, comprehensive high school, alternative high school, and a community day school all of which are located on the same block adjacent to the District office in Fairfield, California. A major portion of the funding for the projects under consideration for this method of management and construction is a federal grant. Because of this all firms submitting proposals must be familiar with Title 2 Code of Federal Regulations (CFR) Section 200. This information is available electronically at http://www.ecfr.gov. It is also recommended that firms review the entire procurement section starting with Section 200.317. Excerpts from TITLE 2 CFR 200 are provided below to aid firms who may be submitting proposals. The District will be strictly adhering to the requirements contained within TITLE 2 CFR 200 and will be demanding strict compliance with all Procurement Standards contained within TITLE 2 CFR 200 of any firm that may be selected as a result of this RFQ. All references to non-federal entity contained within the excerpts provided should be interpreted as the District. Because there may be additional costs associated with full and complete compliance with TITLE 2 CFR 200 firms must take this into account when submitting proposals. 200.317 P r o c u r e m e n t s by states. When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-federal funds. The state will comply with 200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section 200.326 Contract provisions. All other non-federal entities, including sub-recipients of a state, will follow 200.318 General procurement standards through 200.326 Contract provisions. Construction Management Services P a g e 2 28
200.318 G e n e r a l procurement standards. (a) The non-federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (c)(1) The non-federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. (2) If the non-federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non- Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. Construction Management Services P a g e 3 28
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (f) The non-federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g) The non-federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.213 Suspension and debarment. (i) The non-federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j)(1) The non-federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-federal entity is the sum of: (i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-andmaterials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. Construction Management Services P a g e 4 28
(k) The non-federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] 200.319 C o m p e t i t i o n. (a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (b) The non-federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Construction Management Services P a g e 5 28
(c) The non-federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (d) The non-federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-federal entity must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 200.320 M e t h o d s of procurement to be followed. The non-federal entity must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold ( 200.67 Micro-purchase). To the extent practicable, the non-federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable. (b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Construction Management Services P a g e 6 28
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply. (1) In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for state, local, and tribal governments, the invitation for bids must be publically advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason. (d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: Construction Management Services P a g e 7 28
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from an adequate number of qualified sources; (3) The non-federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) The non-federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (e) [Reserved] (f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or (4) After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 200.321 C o n t r a c t i n g with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: Construction Management Services P a g e 8 28
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 200.322 P r o c u r e m e n t of recovered materials. A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 200.323 C o n t r a c t cost and price. (a) The non-federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-federal entity must make independent estimates before receiving bids or proposals. (b) The non-federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all Construction Management Services P a g e 9 28
cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-federal entity under Subpart E Cost Principles of this part. The non-federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 200.324 F e d e r a l awarding agency or passthrough entity review. (a) The non-federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or passthrough entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a brand name product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or Construction Management Services P a g e 10 28
(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) The non-federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-federal entity that it is complying with these standards. The non-federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 200.325 B o n d i n g requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Construction Management Services P a g e 11 28
200.326 C o n t r a c t provisions. The non-federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200 Contract Provisions for non- Federal Entity Contracts Under Federal Awards. Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-federal entity, all contracts made by the non-federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the Construction Management Services P a g e 12 28
acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR 401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Construction Management Services P a g e 13 28
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. (J) See 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] ITEMS FOR INCLUSION IN PROPOSAL All proposals shall address the following items as listed: a. Description of firm - This section shall provide the District with information regarding the size, location, and nature of work performed, years in business, and approach that will be used in meeting the needs of the District. b. Background of firm's personnel - Identify principal and supervisory personnel and provide a brief resume, including pertinent experience of personnel who will be participating in estimating bid package preparation and on-site project supervision. Also include any applicable licenses that your organization holds. Provide an organizational chart for key members of the project team. c. Firm resources- Technical capabilities Cost estimating strengths and change order experience Project approach including specific at-risk activities Experience developing schedules and timelines Relationships and experiences with State Architect and private architectural firms Construction Management Services P a g e 14 28
Experience with labor disputes Proposed consultants and technical assistance d. Proposal(s) of firm relative to various delivery methods and strategic plan for carrying out the work of this project including, but not limited to, multiple prime and/or general contracting method of construction management. e. M/W/S/DVBE compliance or good faith effort documentation approach. f. Related experience and client references. Provide a list of at least three educational client references for which your firm has performed similar construction management services. References must include: School District name and address Contact name and phone number email address Architect name, address, contact, and phone number email address Inspector name Identify project(s) for referral Provide a listing of all Construction Management Service, General Contractor, or projects completed by your firm. g. Although the construction manager fee will be negotiated with the selected firm, respondents should detail the methods by which their services will save, not add to project cost and should enumerate specific at-risk provisions as well as identify the proposed method of fee determination for services. Firm must also be specific as to how the fee negotiation will be in full compliance with TITLE 2 CFR 200. Construction Management Services P a g e 15 28
EVALUATION CRITERIA The evaluation and selection of qualified firms will be based on the information submitted and obtained from references. The District reserves the right to request additional information/references and to interview qualified candidates. SELECTION PROCESS Description of Evaluation Criteria Cost of services to be explained thoroughly in your response. Overall estimated cost must be provided based on estimated current construction costs. Explanations of anticipated savings over more traditional General Contractor method of construction should be included. Rates for services must be provided at a minimum in hourly rates for various personnel times their anticipated hours dedicated to the project. All other direct expenses associated with the project, and any other overhead costs that may be charged to the project should be provided as backup to your estimated total cost of services. Qualifications of the principals, consultants, and project team members, including primary responsibilities of each. These qualifications must be the qualifications of the proposed team that will actually perform services for the Travis Unified School District. Capabilities to perform all aspects of the subject project including firm capacity, resources, and other unique capabilities that might differentiate one firm from another. Demonstrated ability to complete similar projects on time and within budget. Recent experience in the project management and construction management of school construction projects for public school projects in California and experience with DSA, and other applicable state/local agencies. Letters of reference from school Districts, architects, and other agencies. Financial capability to obtain the necessary bonds and/or insurances required. The Chief Business Officer of the Travis Unified School District will maintain responsibility for the process and, will subsequently submit one firm to the Board of Education of the Travis Unified School District for the consideration. Selection of a successful firm will be entirely at the discretion of the District and the District will reserve the right to reject any or all proposals. It is anticipated that the selection will be made in December 2015. Evaluation Team: Superintendent, Travis Unified School District Chief Business Officer Purchasing Agent Assistant Director of Facilities, Food Service, Transportation Capital Projects Manager Assistant Director of Fiscal Services Construction Management Services P a g e 16 28
INSTRUCTIONS Interested firms are invited to submit one (1) original signed proposal, four (4) additional hard copies and one (1) electronic copy on a portable thumb drive in write protected PDF format. The proposal shall be made in the format provided and the complete proposal, together with any and all additional materials, shall be enclosed in a sealed envelope addressed and delivered no later than 4:30 p.m. on Monday November 16, 2015 to the following address: Travis Unified School District Jackie Violette - Purchasing Agent 2751 De Ronde Drive Fairfield CA 94533 The sealed envelope shall be marked on the outside lower left corner with the words Construction Management Services It is the Proposer s sole responsibility to ensure that their proposal is received prior to the scheduled closing time for receipt of proposals. No corrected or resubmitted proposals will be accepted after the deadline. This does not commit the Travis Unified School District to award a contract or pay any costs incurred in the preparation of a proposal responsive to this request. The District reserves the right to accept all or part of any proposal or to cancel in part or in its entirety this Request for Qualifications. The District further reserves the right to accept the proposal that it considers to be in the best interest of the District. All requirements must be addressed in your proposal. Non-responsive proposals will not be considered. All proposals, whether selected or rejected, shall become the property of the District. Firms are responsible for checking the website periodically for any updates or revisions to the RFP. Requests for Information Questions related to this RFQ should be submitted in writing to: Travis Unified School District Jackie Violette - Purchasing Agent 2751 De Ronde Drive Fairfield CA 94533 jviolette@travisusd.org The question, the firm asking the question, and all responses to all questions received will be posted on the Districts website. http://www.travisusd.org/page/3641 Construction Management Services P a g e 17 28
SCHEDULE OF EVENTS FOR THE TRAVIS UNIFIED SCHOOL DISTRICT CONSTRUCTION MANAGEMENT MULTI-PRIME EVENT DATE Release RFP Document October 21, 2015 Receive Proposals November 16, 2015 Evaluate Proposals November 17-20, 2015 November 30 Interviews (if Required) Through December 4, 2015 November 30 Reference Checks Through December 4, 2015 Board Approves Construction Manager Firm December 8, 2015 The following services and responsibilities will be included in the construction management agreement with the District. Please address these items in your proposal. SERVICES AND RESPONSIBILITIES Construction manager represents to District that it has the necessary license for a construction manager as provided for in Government Code Section 4525, et seq. that it has expertise and experience in construction supervision; bid evaluation; project scheduling; cost benefit analysis; claims review and negotiation; and general management and administration of construction projects. Construction manager represents to the District that it completely understands SB854 contractor registration requirements and will ensure compliance with its provisions. DESIGN PHASE Cost Review: Services shall include preparation of conceptual and periodic estimates, budget assessment and cost containment advice, value engineering studies and recommendations Master Construction Schedule: The construction manager shall develop a Master Construction Schedule for the project, subject to approval by District and architect, which shall contain key milestones to be accomplished by the contractors. The schedule will be incorporated into the bid documents and subsequent contracts with successful bidders. Construction Management Coordination, Constructability & Value Engineering Construction Management Services P a g e 18 28
Review: The construction manager shall perform constructability and value engineering reviews and shall provide input to the District relative to means and methods of construction, duration of construction, and constructability of architect documents. Professional Consultants: The construction manager shall assist the District, if required, in selecting and retaining the professional services of surveyors, special consultants and testing laboratories, and coordinate their services. PLAN CHECK AND BIDDING PHASE All work must be in conformance with TITLE 2 CFR 200 Separate Contracts (Multi-Prime Trade Contracting): The construction manager shall assume responsibility for the separation of the project drawings and specification into separate contracts for various categories of work ("Contracts"). The construction manager shall advise on the methods to be used for selecting contractors and awarding individual bids. The construction manager shall identify potential contractors for approval through the District's pre-qualification process. The construction manager shall review drawings and specifications to provide (1) coordination with the architect of bidding documents that clearly define and segregate scopes of work to insure completeness and to avoid duplicity of scopes, (2) the work of the separate contractors is coordinated, (3) all requirements for the project have been assigned to the appropriate separate contract, (4) the likelihood of jurisdictional disputes has been reduced, and (5) proper coordination has been provided for phased construction. Bidding Procedures: The construction manager must fully comply with all of the California/Federal public works bid requirements and processes. The construction manager shall develop and expedite bidding procedures for bid document issuance, bid tracking and receipt of proposals with regard to each of the contracts. The construction manager shall also take the necessary procedures to administer any prequalification of potential contracts as directed by the District and ensure that all contracts are competitively bid when required by law. Pre-Bid Conference(s): In conjunction with the architect and District, the construction manager shall conduct the pre-bid conference(s). These conferences will familiarize bidders with the particular project, bid documents, multiple prime trade contracting, and any systems, materials, or methods. Bid Evaluation: The construction manager in cooperation with architect shall assist the District in preparation of bid packages for each trade, bid opening, evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices (if applicable), and shall make a formal report to the District with regard to the potential award of a contract, and prepare bids. The construction manager will provide the proposed contract for each bidder. Guarantee: The construction manager shall certify in writing that the contracts for the District represents all the contracts required to perform the work in the plans and Construction Management Services P a g e 19 28
specification for the project, and that no additional contracts are foreseen to complete the necessary work for such project. In the event the contracts and the work deferred for the future does not represent 100% of the work and/or exceeds the SAB's standards (if applicable), the additional necessary work shall be offset by a reduction in the construction manager's fees. In the event the bids exceed the project budget and the District authorizes re-bidding of all or portions of the project, the construction manager shall cooperate in revising the scope and the quality of work as required to reduce the construction costs for the project. The construction manager, without additional compensation, shall cooperate with the District and architect as necessary to bring construction costs within the project budget. Analysis of Labor: The construction manager shall provide 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. The construction manager shall make recommendations to minimize adverse effects of labor shortages. CONSTRUCTION PHASE Pre-Construction Conference(s): The construction manager shall conduct, in conjunction with the District and the architect, pre-construction orientation conference(s) for the benefit of the successful contractors and shall serve to orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction. The construction manager shall obtain the certificates of insurance and bonds from the contractors and forward such documents after review by the construction manager to the District. Contract Administration: The construction phase consists of the coordination of all activities that are included in the construction of a particular project. The construction manager shall be responsible for coordinating the work for the project pursuant to the Master Construction Schedule. The construction manager shall maintain communication with the District throughout the construction phase and shall provide responsible reporting and documentation. The construction manager shall be solely responsible for coordinating the site construction services provisions (general conditions items) including general construction supervision (dedicated field supervision) and administration of the project, conducting construction progress meetings, providing progress reports, processing contractors requests for information (RFI's), reviewing and recommending with the architect the approval or disapproval of change orders and payments to the contractors, and maintaining record keeping to assist the District in negotiations, mediation or arbitration of claims or disputes. The construction manager, in cooperation with the architect, shall administer the construction contracts as set forth herein and as provided in the general conditions of the contracts for construction. The construction manager shall coordinate the preparation of construction staging areas on-site for the project and shall coordinate the preparation of the site for construction, including, but not Construction Management Services P a g e 20 28
limited to fencing, barricades, access parking or other items reasonably necessary for efficient construction. The construction manager shall also coordinate the mobilization of all contractors and shall coordinate construction sequencing. The construction manager shall cooperate with all Federal Requirements of Travis Air Force Base and provide badging as needed. In addition, the construction manager shall provide all management (project management, field superintendent, support personnel, etc.) and related services as required to coordinate work of the contractors with each other and the activities and responsibilities of the architect and District in order to complete the project in accordance with the contract documents within the project budget. The construction manager shall provide sufficient qualified and experienced personnel. The construction manager shall maintain competent, full-time staff at the project site for the purpose of coordinating and providing general construction supervision for the work and progress of the contractors. Purchase, Delivery and Storage of Materials and Equipment: The construction manager shall investigate and recommend a schedule for the District's purchase of owner supplied materials and equipment which are a part of the project and require long lead time procurement, and coordinate the schedule with the early preparation of portions of the contract documents. The construction manager shall expedite and coordinate delivery of all purchases. The construction manager shall arrange for delivery and storage, protection and security for District-purchased materials, systems and equipment, which are a part of the project, until such items are incorporated into the project. The construction manager shall coordinate with or assign these activities to the appropriate contractor who is responsible for the installation of such materials; systems, and equipment. Submittal Procedures: The construction manager shall establish and implement procedures with the architect and coordinate and review shop drawing submittals, requests for information, samples, product data, change orders, payment requests, material delivery dates, and other procedures, and maintain logs, files, and other necessary documentation. The construction manager shall coordinate the dissemination of any information regarding submittals and consult with the architect and the District if any contractor requests interpretations of the meaning and intent of the contract documents, and assist in the resolution of questions which may arise. The construction manager shall monitor the submission of certified payrolls for the project per existing regulations and the DIR Compliance Monitoring Unit (CMU). Construction manager must also ensure that state prevailing wage and/or Davis Bacon requirements are met. Meetings: The construction manager shall coordinate and conduct preconstruction, construction and weekly job-site progress meetings with the contractors. The architect will record and distribute minutes to all attendees, the District, and all other appropriate Construction Management Services P a g e 21 28
parties. The construction manager shall assist in the resolution of any technical construction issues working through the architect and District inspector. Coordination of Technical Inspection and Testing: The construction manager shall coordinate with the District's inspector all testing required by the architect or other third parties. If requested, the construction manager shall assist the District in selecting any special consultants or testing laboratories. Implementation of Master Construction Schedule: The construction manager shall implement the Master Construction Schedule and shall regularly update and maintain the Master Construction Schedule incorporating the activities of contractors on the project, including activity sequences and durations, allocation of labor and materials, processing of shop drawings, product data and samples, and delivery of products requiring long lead time procurement. The master construction schedule shall include the District's occupancy requirements showing portions of the project having occupancy priority. The construction manager shall update, reissue and distribute the master construction schedule as required by the architect to show current conditions and revisions. Safety Programs: To the extent required by OSHA or any other public agency, the construction manager shall be responsible for each Contractor's safety programs and monitor their implementation along with any necessary safety meetings. The construction manager shall be the controlling employer on the project. Endorsements of Insurance, Performance/Payment Bonds: The construction manager shall receive and review Endorsements of Insurance, Performance/Payment Bonds from the Contractors and forward them to the District with a copy to the architect prior to commencement of any work by such contractors. Maintain On-Site Records: The construction manager shall develop and implement a comprehensive document management program. The construction manager shall maintain at the project site, on a current basis: a record copy of all contracts, drawings, specification, addenda, change orders, architectural issued revisions, and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; applicable handbooks; Titles 21 and 24 of the California Code of Regulations; the California Uniform Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the contracts. The construction manager shall maintain records, of principle building layout lines, elevations for the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer, if necessary. The construction manager shall make all records available to the District. At the completion of the project, the construction manager shall deliver all such records to the architect. Construction Management Services P a g e 22 28
Schedule of Values and Processing of Payments: The architect, in coordination with the construction manager, shall review and approve each contractor's schedule of values for each of the activities included in that contractor's schedule of activities. The construction manager shall develop and maintain a master schedule of values. The schedule of values is to include a line item for the value of monthly schedule updates from the contractors. The construction manager shall review with the architect and make recommendations to the architect pertaining to payments to the contractors. The construction manager shall develop and implement procedures requiring monthly schedules and lien releases with pay applications by Contractors for progress and final payments. Evaluate Change Orders: The construction manager shall evaluate contractors' change order proposals and make a formal recommendation to the architect and District regarding the acceptance of any proposal for a change order. As-Built Documents: The construction manager shall perform coordination, supervisory and expediting functions in connection with the contractor's obligation to provide "as built" documents and make recommendations to the architect for adequate withholding of retention in the event that a contractor fails to provide acceptable "as-built" documents. Training Sessions: The construction manager shall coordinate and schedule training sessions for the District's personnel and shall require that the contractor's obligation in providing this training is fulfilled before release of retention. Accounting Records: The construction manager shall establish and administer an appropriate project accounting system in conjunction with the District and shall maintain cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. Utilities/Permits: The construction manager shall assist the architect and District in obtaining all necessary permits and utility installation for the project, including but not limited to, building/utility, grading, and occupancy permits. This task may encompass accompanying governmental officials (Fire Marshal, DSA, Health Department, local building department and fire authority, etc.) during inspections, assisting in preparing and submitting proper documentation to the appropriate approving agencies, assisting in final testing and other necessary and reasonable activities. Fingerprinting/Drug Testing: The construction manager will monitor and enforce the fingerprinting program as required by the District. The construction manager will also maintain a drug-testing program in conjunction with the safety plan for the job site. Time/Liquidated Damages: In the event the construction time requirements set forth in the contracts are exceeded, the construction manger's fee shall be reduced by an amount of $500 per calendar day as liquidated damages, starting from the scheduled Construction Management Services P a g e 23 28
construction completion date for the project until construction is substantially complete. The construction manager shall be entitled to an extension for the time of completion and shall not be subject to a claim for liquidated damages for delays which may arise due to an act of God as defined in Public Contract Code Section 7105 if the act of God affects the governmental agency from which approvals are necessary for completion of the project. The construction manager shall have no claim for any other compensation for such delay. Should the schedule for the project be extended due to an act of God as discussed above, the construction manager's agreement shall be extended and the construction manager may negotiate for additional compensation. Recommendations to District: The construction manager shall endeavor to achieve satisfactory performance from each contractor. The construction manager shall recommend courses of action to the District when requirements of a contract are not being fulfilled, and the non-performing party is not taking satisfactory corrective action. Punch List/Warranty: The construction manager will be the single point of contact for all punch list and warranty items and be responsible for all warranty items for the life of the warranty period. Construction Cost and Project Budget: The construction cost of the project shall be the total of the final contract sums of all of separate contracts of contractors for the project, and shall not exceed the budget amount for the Construction Cost as set forth in the project budget. Construction cost shall not include the compensation of the construction manager, architect, other consultants, the cost of land, rights-of-way, and other costs, which are the responsibility of the District. General conditions will be included as part of the construction cost. Basic Compensation Payment: Fees will be negotiated with the District, but will in no event exceed OPSC guidelines for construction management services and must be in full compliance with TITLE 2 CFR 200. Pre-Construction Invoicing: Construction manager shall invoice 10% of the basic services fee for the services set forth in the design and bidding phase in equal monthly increments, from the time the construction manager begins work on the project to the commencement of the construction phase at which time contracts are awarded by the District. Construction Invoices: Construction manager shall invoice 85% of the basic services fee in equal monthly increments during the construction phase. Project Retention: Construction manager shall invoice 5% of the basic services fee 35 days after the District files the last Notice of Completion for the project. Construction Management Services P a g e 24 28
GENERAL CONDITIONS Construction manager shall provide the general conditions for the project. General conditions of the project are defined as those generic support activities, which must be in place to support all construction aspects of the project. These include but not limited to the following: project management, job superintendent, foreman, job site clerk (as required), temporary trailers & storage containers, temporary barricades and fences, temporary toilets, telephones, pay phone and facsimile machine, temporary utilities, critical path schedule, as-built documents/field office equipment and supplies, engineering and staking, clean-up, truck expenses/travel/subsistence, security, weather proofing, and water truck. In no event shall the general condition costs exceed the OPSC guidelines. Construction manager shall invoice General Conditions costs monthly during the duration of the construction work. All general condition costs must be supported by an invoice, receipt, an employee time sheet, or other acceptable documentation. TERMINATION, ABANDOMENT OR SUSPENSION OF WORK Termination of Construction Manager S ervices: The District may give seven (7) days written notices to construction manager of District's intent to suspend or terminate the construction manager's services under this agreement for failure to satisfactorily perform or provide prompt, efficient or thorough service or construction manager's failure to complete its services or otherwise comply with the terms of this agreement. If after the expiration of such seven (7) days, construction manager fails to cure the performance as set forth in the District's notice of intent to suspend or terminate the construction manager's services, District may issue a notice of termination or suspension. At that time, construction manager's services shall be suspended or terminated as set forth in District's notice. District shall also have the right in its absolute discretion to terminate this agreement in the event the Districts is not satisfied with the working relationship with construction manager and without cause following twenty-one (21) days prior written notice from District to construction manager. Continuance of work: In the event of a dispute between the parties as to performance of the work or the interpretation of this agreement, or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the dispute. Pending resolution of this dispute, construction manager agrees to continue the work diligently to completion. If the dispute is not resolved, construction manager agrees is shall neither rescind the agreement nor stop the progress of work, but construction manager's sole remedy shall be to submit such controversy to determination by a court having competent jurisdiction of the dispute, after the project has been completed, and not before. Abandonment of a project: The District has the absolute discretion to suspend or abandon all or any portion of the work on the project and may do so upon fourteen (14) day written notice to the construction manager. Upon notice of suspension or abandonment, construction manager shall immediately discontinue any further action on the project. If the entire work to be performed on the project is abandoned, the parties shall each be relieved of the remaining Construction Management Services P a g e 25 28
executory obligations of the agreement, as it relates to the project, but shall not be relieved of any obligations arising prior to said abandonment. Compensation in the event of termination, abandonment or suspension: In the event the District terminates, abandons or suspends the work on the project, there shall be due and payable within thirty (30) days following such termination, abandonment or suspension a sum of money sufficient to increase the total amount paid to construction manager to an amount which bears the same proportion to the total fee as the amount of services performed or provided by construction manager prior to the time of such termination, suspension or abandonment of this agreement bears to the entire services construction manager is required to perform or provide for the project. In the event of termination due to a breach of this agreement by construction manager, to the compensation due construction manager upon termination shall be reduced by the amount of damages and liquidated damages sustained by the District due to such breach. In the event that District chooses to abandon the project or terminate the agreement without cause, construction manager shall, in addition to the compensation described above, also be reimbursed for reasonable termination costs through the payment of (1) 10% of the construction management fees incurred to date if less than 50% of the construction management fees have been paid; or (2) 10% of the remaining construction management fee if more than 50% of the construction management fees have been paid. This payment is agreed to compensate construction manager for any damages resulting from early termination and is consideration for entry into this termination for convenience clause. Delivery of documents: Upon termination, abandonment or suspension, construction manager shall deliver to District all documents and matters related to the project. Indemnification: To the fullest extent permitted by law, construction manager agrees to indemnify, defend and hold District entirely harmless from all liability arising out of: a. Any and all claims under workers' compensation acts and other employee benefit acts with respect to construction manager's employees. b. Liability for damages for (1) death or bodily injury to a person; (2) injury to, loss or theft of property; (3) any failure or alleged failure to comply with any provision of law or (4) any other loss, damage or expense arising under either (1), (2) or (3) above, sustained by the construction manager or any person, firm or corporation employed by the construction manager upon or in connection with the project, except for liability resulting from the sole or active negligence, or willful misconduct of the District, its officers, employees, agents or independent contractors who are directly employed by the District. c. Any loss, injury to or death or persons or damage to property caused by any act, neglect, default or omission of the construction manager, or any person, firm or corporation employed by the construction manager, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, or corporation including the District, arising out of, or in any way connected with the Construction Management Services P a g e 26 28
project, including injury or damage either on or off District property; but not for any loss, injury death or damages caused by sole or active negligence, or willful misconduct of the District. The construction manager at manager's own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the District, it's officers, agents or employees, on any such claim or liability, and shall pay or satisfy and judgment that may be rendered against the District, its officers, agents or employees in any action, suit or other proceedings as a result thereof. Successors and assigns: This agreement is binding upon and inures to the benefit of the successors, executors, administrators, and assigns of each party to this agreement, provided, however, that the construction manager shall not assign or transfer by operation of law or otherwise any or all rights, burdens, duties, or obligations without prior written consent of the District. Any attempted assignment without such consent shall be invalid. Applicable Law: This agreement shall be governed by the laws of the State of California, however, in the event that the District receives any state funding for the project from the SAB, this agreement shall also be governed by any applicable laws and/or regulations relating to such state funding from the SAB ("Applicable Law"). Because this project will be partially funded by a Federal Grant this agreement shall also be governed by any applicable Federal laws and/or regulations, such as TITLE 2 CFR 200. To the extent that there is any inconsistency between this agreement and the applicable law, or this agreement omits any requirement of the applicable law, the language of the applicable law, in effect on the date of the execution of this agreement, shall prevail. Construction manager not an officer or employee of District: While engaged in carrying out and complying with the terms and conditions of this agreement, the construction manager is an independent contractor and not an officer or employee of the District. Insurance: The construction manager shall purchase and maintain policies of insurance with an insurer or insurers, qualified to do business in the State of California and acceptable to District which will protect Construction Manager and District from claims which may arise out of or result from construction manager's actions or inactions relating to the agreement, whether such actions or inactions be by themselves or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The aforementioned insurance shall include coverage for: a. In the event a trade contractor does not acquire the appropriate performance bond the construction manager shall provide to the District labor and performance bonds for each construction project in an amount to fully cover the aggregate total of all construction contracts and materials on the project. Construction Management Services P a g e 27 28
b. Comprehensive general and auto liability insurance with limits of not less than one million dollars ($1,000,000) combined single limit, bodily injury and property damage liability per occurrence, including: i. owned, non-owned and hired vehicles; ii. blanket contractual; iii. broad form property damage; iv. products/completed operations; and v. personal injury. c. The construction manager shall carry Workers' Compensation and Employers Liability Insurance in accordance with the laws of the State of California in an amount not less than one million dollars ($1,000,000). d. Each policy of insurance required above shall name District and its officers, agents and employees as additional insurers; shall state that, with respect to the operations of construction manager hereunder, such policy is primary and any insurance carried by District is excess and non-contributory which such primary insurance; shall state that no less than thirty (30) days' written notice shall be given to District prior to cancellation; and, shall waive all rights of subrogation. Construction manager shall notify District in the event of material change in, or failure to renew, each policy. Prior to commencing work, construction manager shall deliver to District certificates of insurance as evidence of compliance with the requirements herein. In the event construction manager fails to secure or maintain any policy of insurance required hereby, District may, at its sole discretion, secure such policy of insurance in the name of and for the account of construction manager, and in such event construction manager shall reimburse District upon demand for the costs thereof. e. The construction manager will maintain Builders' Risk Insurance for the project. Construction Management Services P a g e 28 28