Bid Notice-Pre-Construction Services for the Snowflake Lodge Replacement.pdf

PUBLIC WORKS DEPARTMENT

1220 SWEETWATER ROAD . INCLINE VILLAGE NV 89451

PH: (775) 832-1203 . FAX: (775) 832-1260 . WWW.IVGID.ORG

REQUEST FOR PROPOSALS

Pre-Construction Services for the

SNOWFLAKE LODGE REPLACEMENT

1210 Ski Way

Incline Village, Nevada

IVGID Project No. 3653BD1502

FORMAL SELECTION PROCESS

Issue Date: June 24, 2026

REQUEST FOR PROPOSALS

Pre-Construction Services

INCLINE VILLAGE GENERAL IMPROVEMENT DISTRICT

June 24, 2026

Project Identification Project Name: Snowflake Lodge Replacement Project Address: 1210 Ski Way, Incline Village, NV 89451 IVGID Project No.: 3653BD1502

Owner Incline Village General Improvement District 1220 Sweetwater Rd.

Incline Village, NV 89451

IVGID Project Manager: Bree Waters at baw@ivgid.org or 775.832.1372

The Proposer shall be qualified to perform Construction Manager at Risk (CMAR) services for public works projects in accordance with the requirements of the Nevada Revised Statutes (NRS) Chapter 338, including NRS 338.169 through NRS 338.16995.

All questions with regard to this Request for Proposals (RFP) shall be directed through the Owner’s Planet Bids website; any questions regarding the use of Planet Bids shall be directed to the IVGID RFP Contact listed above.

Delivery Deadline Proposal packages from all interested parties will be submitted in PDF electronic format through the Owner’s Planet Bids website:

https://www.planetbids.com/portal/portal.cfm?CompanyID=30437, and will be subject to the terms, conditions and scope of services herein stipulated and/or attached hereto.

Deadline for receipt of Proposals is 2:00 p.m. August 14, 2026. Planet Bids will automatically refuse any Proposals submitted after this time.

ARTICLE 1 INTRODUCTION

Confidentiality: All documents and other information submitted in response to this RFP, including, without limitation, a Proposal, are confidential and will not be disclosed until notice of intent to award the contract is issued.

Incline Village General Improvement District (IVGID) is requesting Proposals from qualified Construction Management firms to provide Pre-Construction Services for the Snowflake Lodge Replacement Project.

The District intends to retain a Pre-Construction Manager (PCM) to work collaboratively with the District, the selected Design Team, and the District’s Permitting Consultant.

The PCM will provide cost estimating, constructability reviews, value engineering, scheduling support, procurement planning, risk analysis, phasing recommendations, and budget management throughout design development.

Following completion of the Pre-Construction Services phase, and subject to Board approval, satisfactory performance of the selected PCM, successful negotiation of terms and pricing, and compliance with applicable Nevada procurement requirements, IVGID reserves the right to negotiate a separate Construction Manager at Risk (CMAR) Agreement with the selected PCM for final design as well as construction phase services. Selection of a PCM through this RFP does not guarantee award of a CMAR Agreement, and nothing contained herein shall obligate IVGID to enter into or award a CMAR contract.

The District anticipates utilizing a collaborative project delivery approach in which the PCM, the Design Team, the Permitting Consultant, and District staff work together to advance the project while maintaining budget, schedule, constructability, and operational objectives.

The District’s selection process will consist of two phases.

Phase 1 – Qualifications Phase

Phase 1 consists of the evaluation of Proposals submitted by interested PCMs. The District will evaluate each Proposal based on the PCM’s experience with similar mountain resort, hospitality, recreation, and public-sector projects in addition to qualifications of key personnel, project approach, and past performance.

Phase 1 is intended to serve as a qualifications-based screening process. Respondents should view this phase as a resume-style submittal that highlights the PCM's experience, capabilities, key personnel, relevant project examples, and approach.

Based upon the Phase 1 scoring, the District intends to shortlist up to three (3) PCMs for interviews. The District reserves the right to shortlist more or fewer PCMs if determined to be in the District's best interest.

Phase 2 – Interview and Presentation Phase

Shortlisted PCMs will be invited to participate in an interview and presentation before the Evaluation Committee.

ARTICLE 2 PROJECT DESCRIPTION AND BUDGET

IVGID is seeking a PCM to be involved in the 30% Design package for the replacement of Snowflake Lodge at Diamond Peak Ski Resort.

Located at the top of the Snowflake Chairlift, Snowflake Lodge occupies one of the most iconic and visually significant sites in the Lake Tahoe Basin. The site offers panoramic views of Lake Tahoe, the Sierra Nevada mountains, and the surrounding alpine landscape. The District envisions the replacement lodge as a signature destination facility for Diamond Peak Ski Resort and the Lake Tahoe Basin, providing premier guest experience while capitalizing on one of the most spectacular public viewpoints in the Sierra Nevada.

The District is seeking a PCM capable of supporting the successful delivery of a complex, architecturally significant facility that reflects the character of Diamond Peak Ski Resort while serving residents and visitors for generations to come.

The new facility will address existing operational deficiencies, expand skier services, improve food and beverage operations, increase guest seating capacity, enhance accessibility, and provide modern infrastructure capable of supporting the long-term needs of the resort.

In addition to serving winter recreation guests, the District envisions the replacement Snowflake Lodge as a year-round community asset and event venue. With arguably one of the most spectacular public views of Lake Tahoe, the facility is expected to become one of the most sought-after wedding and special event venues in the region.

The selected PCM shall utilize the completed Needs Assessment and supporting background information to help the Design Team develop the 30% Design package that validates the Project program and establishes the framework for future design development, permitting, and construction documentation.

Pre-Construction Scope of Services

The selected PCM shall provide pre-construction services necessary to support development of the 30% Design package, including but not limited to:

1. Review Needs Assessment and project requirements

2. Participate in design meetings

3. Independent cost estimating at the 30% Design delivery

4. Constructability reviews

5. Value engineering recommendations

6. Schedule development and updates

7. Risk identification and mitigation

8. Long-lead procurement analysis

9. Site logistics and phasing recommendations

10. Utility and infrastructure coordination review

Project Budget

The Snowflake Lodge Replacement Project is anticipated to have a total project cost of $38 Million inclusive of all related design, permitting, management, construction, etc. costs.

The selected PCM will prepare an Opinion of Probable Construction Cost as part of the 30% Design package and identify any scope, market, regulatory, or site-specific factors that may impact the overall project budget.

Following completion of the Pre-Construction Services, the District reserves the right to negotiate additional services with the selected PCM for subsequent phases of design, permitting support, bidding assistance, and construction administration.

ARTICLE 3 SUBMITTAL REQUIREMENTS

Phase 1 – Qualifications Phase

The Proposal shall be indexed and organized in the following order. Information shall be provided in sufficient detail to allow the District to evaluate the Proposer’s qualifications, experience, and ability to successfully provide Pre-Construction Services for the Snowflake Lodge Replacement Project.

A cover letter shall be included that addresses pertinent general information deemed appropriate by the Proposer. The cover letter shall identify the primary contact person, telephone number, and email address.

1. PCM’s General Information

a. Provide PCM name, business address, year established, type of ownership (corporation, partnership, joint venture, etc.), and principal office location.

b. Provide the PCM's organizational structure and identify the office that will be responsible for this Project.

c. Provide a Project Personnel Organizational Chart indicating reporting relationships, responsibilities, and communication structure.

2. Key Personnel Qualifications

a. Provide resumes for all key personnel proposed for this Project, including the Project Executive, Project Manager, Pre-Construction Manager, Lead Estimator, Superintendent (if known), and other key staff.

b. For each individual, include years of experience, years with the PCM, licenses, certifications, relevant project experience, and specific role on this Project.

c. Identify the availability and anticipated level of involvement of each key team member.

3. Project Experience

a. Provide descriptions of at least three (3) projects demonstrating experience providing Pre- Construction and/or CMAR services for projects of similar size, complexity, and budget.

b. Include project location, owner, construction value, delivery method, completion date, services provided, and owner contact information.

c. Identify projects involving mountain resort facilities, public agencies, hospitality venues, recreation facilities, or environmentally sensitive locations.

d. Identify which proposed key personnel participated in each project.

4. Project Understanding and Approach

a. Describe the Proposer’s understanding of the Snowflake Lodge Replacement Project.

b. Identify key project opportunities, challenges, risks, and critical success factors.

c. Describe the Proposer’s overall approach to collaborating with the District, Design Team, Permitting Consultant, stakeholders, and regulatory agencies.

5. Current Workload and Capacity

a. Provide a summary of the PCM's current workload, available staffing resources, and capacity to successfully perform the required Pre-Construction Services within the Project schedule.

b. Include a list of active projects, contract values, and approximate percentage of completion.

6. Client References Consultant shall provide a minimum of four (4) client references. Submission of references constitutes the consultant's authorization for IVGID to contact the listed references regarding the PCM's qualifications and performance.

7. Miscellaneous Submittal Requirements

a. Washoe County Business License – Appendix A

b. Certification Regarding Debarment, Suspension and Other Responsibility Matters –

Appendix B

c. Nevada Contractor’s License – Appendix C

Phase 2 – Interview and Presentation Phase

1. Cost Estimating and Budget Management Methodology

a. Describe the PCM's process for developing, validating, and maintaining project budgets throughout design development.

2. Constructability Review Process

a. Describe the PCM's approach to constructability reviews, risk identification, quality control, and coordination with the Design Team.

3. Schedule Management Approach

a. Describe the PCM's approach to project scheduling, milestone tracking, procurement planning, and long-lead item management.

4. Team Presentation

a. Introduce the proposed project team and explain how team members will work collaboratively with IVGID and the Design Team to successfully deliver the Project.

5. Fee Proposal

a. The Fee Proposal shall be scored and shall be submitted in a sealed envelope at the conclusion of the interview.

b. The Fee Proposal shall include:

i. Proposed fee for Pre-Construction Services.

ii. Proposed Construction Manager Fee (CM Fee) for future CMAR services, if applicable.

iii. Proposed markups for subcontractors, self-performed work, and change orders.

iv. Any assumptions, exclusions, or qualifications associated with the proposed fees.

ARTICLE 4 RFP SCHEDULE

The following dates are tentative and are subject to revision by the Owner:

RFP for Pre-Construction Services ........................................................................... June 24, 2026 RFP - Last Day for Questions ................................................................... July 24, 2026, 5:00 pm RFP - Last Day for Addenda ................................................................................... July 31, 2026 Proposals Due .......................................................................................... Aug. 14, 2026, 2:00 pm Notification Letter Issued to Short Listed PCMs ..................................................... Aug. 28, 2026 Presentations and Interviews................................................................... Sept. 21 – Sept. 25, 2026 Selection Recommendation ........................................................................................ Oct. 9, 2026 Board of Trustees’ Approval ......................................................................................... Nov. 2026

ARTICLE 5 SELECTION, EVALUATION AND CRITERIA

Evaluation of the PCMs will be based on the information submitted in response to Article 3, Proposal Submittal Requirements.

Phase 1 – Qualification Phase

1. Key Personnel Qualifications 20 Points

2. Project Experience 25 Points

3. Past Performance 15 Points

4. Project Understanding and Approach 25 Points

5. Current Workload and Capacity 10 Points

6. Client References 5 Points

Short-List Selection Point Subtotal 100 Points

Washoe County Business License Pass/Fail Certification Regarding Debarment, Suspension and Other Responsibility Matters Pass/Fail

Nevada Contractor’s License Pass/Fail

Phase 2 – Interview Phase

1. Cost Estimating and Budget Management Methodology 15 Points

2. Constructability Review Process 15 Points

3. Schedule Management Approach 15 Points

4. Presentation and Response to Questions. 40 Points

5. Fee Proposal 15 Points

Final Selection Point Total 100 Points

The PCM's Cost Proposal shall be submitted to Bree Waters at the conclusion of the Interview in a sealed envelope with the project name and PCM's company contact information on the outside.

ARTICLE 6 WITHDRAWAL OF PROPOSAL

The PCM’s authorized representative may, prior to the date and time set as the deadline for receipt of the Proposals, modify or withdraw a response via Planet Bids. A modification or withdrawal received by IVGID Engineering Division’s Planet Bids website prior to 2:00 p.m. (PST) on July 16, 2026, shall be considered timely.

ARTICLE 7 TECHNICALLY UNACCEPTABLE/NON-RESPONSIVE

IVGID reserves the right to reject any or all Proposals, waive minor informalities or irregularities, request clarification of information submitted, re-advertise this RFP, or cancel the procurement process at any time and for any reason.

Proposals determined by IVGID to be materially non-responsive to the requirements of this RFP may be rejected. A materially non-responsive Proposal is one that fails to comply with the RFP terms, conditions, instructions, or submittal requirements in a manner that affects the proposer’s ability to meet the District’s requirements or the District’s ability to fairly evaluate the Proposal.

ARTICLE 8 ANTI-LOBBYING CLAUSE

During the period beginning on the date of issuance of this RFP by IVGID and ending on the date of substantial completion and Project acceptance by IVGID, no person or entity submitting a Proposal in response to this RFP, nor any officer, employee, representative, agent, or consultant representing such person or PCM, shall communicate with the IVGID Board of Trustees, advisors, staff, or employees regarding this RFP or the scope of services described herein, except for: (1) communications with IVGID’s Submittal Contact identified in the Owner section above under Designated Contacts and Communication (Bree Waters), of this RFP; and (2) communications that are in response to inquiries initiated by IVGID with regard to the written review and modification process, or for purposes of clarifying some element of a Proposal or response; and (3) communications with the Evaluation Committee during the interview process.

ARTICLE 9 DISQUALIFICATION OF PROPOSALS

A PCM may be disqualified, and its Proposal may be rejected for any of, but not limited to, the following causes:

1. Lack of signature by an authorized representative on the Proposal

2. Failure to properly complete the Proposal

3. Evidence of collusion among PCMs

4. Violation of Article 8 Anti-Lobbying Clause

IVGID reserves the right to waive any minor informality or irregularity, or to request clarification of such minor informalities or irregularities from any or all Prospective PCMs.

ARTICLE 10 CONFLICT OF INTEREST

No employee, officer, or agent of IVGID shall participate in the selection, or in the award or administration, of the Agreement if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when one of the following has a financial or other interest in any PCM proposing on or selected for the award:

1. The employee, or an officer or agent of the employee

2. Any member of the employee’s immediate family

3. The employee’s business partner

4. An organization which employs, or is about to employ, any of the above

IVGID’s officers, employees, and agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from PCMs, Prospective PCMs, and subconsultants to the PCMs whereby the intent could reasonably be inferred as influencing the employee in the performance of his or her duties or was intended as a reward for any official act on his or her part.

Prior to entering into the Professional Services Agreement, the PCM is required to inform IVGID of any real or apparent organizational conflict of interest. Such organizational conflict of interest exists when the nature of the work to be performed under an Agreement may, without some restriction on future activities, result in an unfair competitive advantage to the PCMs, or may impact the PCM’s objectivity in performing the Work.

ARTICLE 11 COLLUSION CLAUSE

Any evidence of agreement or collusion among PCMs will render the Proposal of such PCMs void.

Advance disclosures of any information to any particular PCMs, which gives that particular PCMs any advantage over any other Prospective PCMs, in advance of the opening, made or permitted by a member of IVGID or representative thereof, will operate to void all Proposals of that particular bid, solicitation, or request.

ARTICLE 12 RFP APPENDIX

Only short-listed PCMs will be asked to submit a Fee Proposal and review the Professional Services Agreement for comments. They are included herein for reference.

Appendixes to this RFP are:

Appendix A – Washoe County Business License Information

Appendix B – Certificate Regarding Debarment, Suspension and Other Responsibility Matters

Appendix C – Nevada Contractor’s License

Appendix D - Sample CMAR Pre-Construction Services Agreement

Appendix E – Diamond Peak Snowflake Lodge Needs Assessment, dated April 2026

APPENDIX A

WASHOE COUNTY BUSINESS LICENSING INFORMATION

BUSINESS LICENSING INFORMATION All vendors doing business within IVGID are required to obtain and maintain a current business license from Washoe County prior to commencement of work.

Vendor(s) awarded a contract resulting from this bid shall be required to obtain a current business license if they do not already hold one.

Washoe County Business License Number:

Date Issued:

Date of Expiration:

Name of Licensee:

City, State, Zip Code of Licensee:

Telephone Number of Licensee:

Taxpayer Identification Number:

APPENDIX B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

The prospective bidder, _________________________________________________certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not IVGID will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

Typed Name & Title of Authorized Representative

Signature of Authorized Representative Date

I am unable to certify the above statement. My explanation is attached.

Signature Date

APPENDIX C

NEVADA CONTRACTOR’S LICENSE

APPENDIX D

CMAR PRE-CONSTRUCTION SERVICES AGREEMENT TEMPLATE

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract.

Any other uses are strictly prohibited.

ConsensusDocs 500

STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND

CONSTRUCTION MANAGER (Where the CM is At-Risk)

This page is solely for the information and convenience of ConsensusDocs users, and is not a part of the contract. Gray boxes indicate where you should click and type in your project information. The yellow shading is a Word® default function that displays editable text. Shading can be turned off by going to the Review tab, select “Restrict Editing” button and uncheck “Highlight the regions I can edit”. In Word 2003 you will find this option under the Tools tab, Options, Security tab, Protect Document button.

EMBEDDED INSTRUCTIONS are provided solely to help you complete the document. To display or hide instructions select the “¶” button under the “Home” tab to show all formatting marks.

Red Boxes: Instructions for fields that are typically required to complete contract.

Blue Boxes: Instructions for fields that may or may not be required for a complete contract.

Green Boxes: Provide general instructions or ConsensusDocs Coalition Guidebook comments, which can be found at www.ConsensusDocs.org/guidebook.

This document was developed through a collaborative effort of organizations representing a wide cross-section of the design and construction industry. This document has important legal and insurance consequences, and it is not intended as a substitute for competent professional services and advice. This document must be reviewed and adapted to meet your project-specific needs. Federal, State and Local laws may vary with respect to the applicability or enforceability of specific provisions in this document. CONSENSUSDOCS SPECIFICALLY

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ASSUMES ALL LIABILITY

WITH RESPECT TO THE USE OF THIS DOCUMENT, AND CONSENSUSDOCS AND ANY OF THE

ORGANIZATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM SUCH USE. For additional information, please contact ConsensusDocs, 2300 Wilson Blvd, Suite 300, Arlington, VA 22201, 866-925-DOCS (3627), support@consensusdocs.org or www.ConsensusDocs.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited.

ConsensusDocs 500

STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND

CONSTRUCTION MANAGER (Where the CM is At-Risk)

TABLE OF ARTICLES

1. AGREEMENT

2. GENERAL PROVISIONS

3. CONSTRUCTION MANAGER'S RESPONSIBILITIES

4. OWNER'S RESPONSIBILITIES

5. SUBCONTRACTS

6. TIME

7. COMPENSATION AND GUARANTEED MAXIMUM PRICE

8. COST OF THE WORK

9. CHANGES

10. PAYMENT

11. INDEMNITY, INSURANCE, AND BONDS

12. SUSPENSION, NOTICE TO CURE, AND TERMINATION

13. DISPUTE MITIGATION AND RESOLUTION

14. MISCELLANEOUS

15. CONTRACT DOCUMENTS

ARTICLE 1 AGREEMENT

Job Number: [_____] Account Code: [_____]

This Agreement is made this [_____] day of [_____] in the year [_____], by and between the

OWNER, [_____]

and the

CONSTRUCTION MANAGER, [_____]

Tax identification number (TIN) [_____] Contractor License No., if applicable [_____] for construction and services in connection with the following

PROJECT [_____]

Design Professional is [_____].

ARTICLE 2 GENERAL PROVISIONS

2.1 PARTIES’ RELATIONSHIP Each Party agrees to act on the basis of mutual trust, good faith, and fair dealing, and perform in an economical and timely manner. The Parties shall each endeavor to promote harmony and cooperation among all Project participants.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in

2.1.1 Construction Manager represents that it is an independent contractor and that it is familiar with the type of Work it is undertaking.

2.1.2 Neither Construction Manager nor any of its agents or employees shall act on behalf of or in the name of Owner except as provided in this Agreement unless authorized in writing by Owner's Representative.

2.2 ETHICS Each Party shall perform with integrity. Each shall: (a) avoid conflicts of interest, and (b) promptly disclose to the other Part any conflicts that may arise. Each Party warrants that it has not and shall not pay or receive any contingent fees or gratuities to or from the other Party, including its agents, officers, employees, Subcontractors, Subsubcontractors, Suppliers, or Others to secure preferential treatment.

2.3 DESIGN PROFESSIONAL Owner, through its Design Professional, shall provide all architectural and engineering design services necessary for the completion of the Work excluding, however, (a) design services delegated to Construction Manager in accordance with §3.17, and (b) services within the construction means, methods, techniques, sequences, and procedures employed by Construction Manager, its Subcontractors, and Subsubcontractors in connection with their construction operations.

2.4 Owner shall obtain from Design Professional either a license for Construction Manager and Subcontractors to use the design documents prepared by Design Professional or ownership of the copyrights for such design documents, and shall indemnify and hold harmless Construction Manager against any suits or claims of infringement of any copyrights or licenses arising out of the use of the design documents for the Project.

2.5 DEFINITIONS

2.5.1 “Agreement” means this ConsensusDocs 500 Standard Agreement and General Conditions Between Owner and Construction Manager, as modified, and exhibits and attachments made part of this agreement upon its execution.

2.5.1.1 The following attached exhibits are a part of this Agreement:

Exhibit A: Schedule of the Work, [_____] pages.

Exhibit B: Labor Relations, if applicable.

2.5.2 “Business Day” means all Days, except weekends and official federal or state holidays where the Project is located.

2.5.3 A “Change Order” is a written order signed by the Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion, including substitutions proposed by Construction Manager and accepted by Owner.

2.5.4 The “Contract Documents” consist of (a) this Agreement; (b) documents listed in §15.1 as existing contract documents; (c) drawings, specifications, addenda issued and acknowledged before execution of this Agreement; (d) information furnished by Owner pursuant to §3.15.4, and (e) Change Orders, Interim Directives, and amendments issued in accordance with this Agreement.

2.5.5 “Contract Time” is the period between the Date of Commencement and the total time authorized to achieve Final Completion.

2.5.6 “Cost of the Work” means the costs and discounts specified in ARTICLE 8.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in

2.5.7 The “Construction Manager” is the person or entity identified in ARTICLE 1 and includes Construction Manager's Representative.

2.5.8 “Date of Commencement” is as set forth in §6.1.

2.5.9 “Day” means a calendar day.

2.5.10 “Defective Work” is any portion of the Work that that does not conform with the requirements of the Contract Documents.

2.5.11 “Design Professional” means the licensed architect or engineer, and its consultants, retained by Owner to perform design services for the Project.

2.5.12 “Final Completion” occurs on the date when Construction Manager's obligations under this Agreement are complete and accepted by Owner and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by the Parties.

2.5.13 “Hazardous Material” is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup.

2.5.14 “Interim Directive” is a written order containing change to the Work directed by Owner pursuant to §9.2 and that is signed by Owner after execution of this Agreement and before Substantial Completion.

2.5.15 “Law” means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date.

2.5.16 “Others” means Owner’s other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or

(c) or any by any of them or for whose acts any of them may be liable.

2.5.17 “Overhead” means (a) payroll costs, burden, and other compensation of Construction Manager’s employees in Construction Manager's principal and branch offices; (b) general and administrative expenses of Construction Manager's principal and branch offices including charges against Construction Manager for delinquent payments, and costs related to the correction of defective work; and (c) Construction Manager's capital expenses, including interest on capital used for the Work.

2.5.18 “Owner” is the person or entity identified in ARTICLE 1.

2.5.19 The “Owner's Program” is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy.

2.5.20 The “Parties” are collectively Owner and Construction Manager.

2.5.21 The “Project,” as identified in ARTICLE 1, is the building, facility, or other improvements for which Construction Manager is to perform Work under this Agreement. It may also include construction by Owner or Others.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited.

2.5.22 The “Schedule of the Work” is the document prepared by Construction Manager that specifies the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from Owner.

2.5.23 “Subcontractor” is a person or entity retained by Construction Manager as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others.

2.5.24 “Substantial Completion” of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that Owner may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. The issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond Construction Manager's control. This date shall be confirmed by a certificate of Substantial Completion signed by the Parties.

2.5.25 A “Subsubcontractor” is a person or entity who has an agreement with a Subcontractor or another subsubcontractor or Supplier to perform a portion of the Subcontractor’s Work or supply material or equipment.

2.5.26 A “Supplier” is a person or entity retained by Construction Manager to provide material or equipment for the Work.

2.5.27 “Terrorism” means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended.

2.5.28 “Work” means the construction and administrative and management services necessary or incidental to fulfill Construction Manager's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others.

2.5.29 “Worksite” means the area of the Project location as identified in ARTICLE 1 where the Work is to be performed.

ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES

3.1 GENERAL RESPONSIBILITIES

3.1.1 Construction Manager shall provide all labor, materials, equipment, and services necessary to complete the Work, all of which shall be provided in full accord with the Contract Documents and reasonably inferable from the Contract Documents.

3.1.2 Construction Manager represents that it is an independent contractor and that it is familiar with the type of work required by this Agreement.

3.1.3 Unless the Contract Documents instruct otherwise, Construction Manager shall be responsible for the supervision and coordination of the Work, including the construction means, methods, techniques, sequences, and procedures utilized. When following construction means, methods, techniques, sequences, or procedures instructed by the Contract Documents, Construction Manager is not liable to Owner for damages resulting from compliance with such instructions, unless (a)

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited.

Construction Manager recognized and (b) failed to timely report to Owner any error, inconsistency, omission, or unsafe practice that it discovered in such requirements.

3.1.4 Construction Manager shall perform Work only within locations allowed by the Contract Documents, Law, and applicable permits.

3.2 CONSTRUCTION PERSONNEL AND SUPERVISION

3.2.1 Construction Manager shall provide competent supervision for the performance of the Work.

Before commencing the Work, Construction Manager shall notify Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager, so Owner may review the individual's qualifications. If, for reasonable cause, Owner refuses to approve the individual, or withdraws its approval after once giving it, Construction Manager shall name a different superintendent for Owner's review.

3.2.2 Construction Manager shall be responsible to Owner for acts or omissions of Parties or entities performing portions of the Work for or on behalf of Construction Manager or any of its Subcontractors.

3.2.3 Construction Manager shall permit only fit and skilled persons to perform the Work.

Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If Owner determines that a particular person does not follow safety procedures, or is unfit or unskilled for the assigned work, Construction Manager shall immediately reassign the person on receipt of Owner's written notice to do so.

3.2.4 CONSTRUCTION MANAGER'S REPRESENTATIVE Construction Manager's authorized representative is [_____]. Construction Manager's Representative shall possess full authority to receive instructions from Owner and to act on those instructions. If Construction Manager changes its representative or their authority, Construction Manager shall immediately notify Owner in writing.

3.3 PRECONSTRUCTION SERVICES The Preconstruction Services under this section are included in Construction Manager's work.

3.3.1 PRELIMINARY EVALUATION Construction Manager shall provide a preliminary evaluation of Owner's Program and report such findings to Owner and Design Professional.

3.3.2 CONSULTATION Construction Manager shall schedule and attend regular meetings with Owner and Design Professional. Construction Manager shall consult with Owner and Design Professional regarding site use and improvements and the selection of materials, building systems, and equipment. Construction Manager shall provide recommendations on construction feasibility;

actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation, and construction completion; and factors related to construction cost, including estimates of alternative designs or materials.

3.3.3 SCHEDULE OF THE WORK When Project requirements have been sufficiently identified, Construction Manager shall prepare a preliminary Schedule of the Work for Design Professional's review and Owner's approval. Construction Manager shall coordinate and integrate the Schedule of the Work with the services and activities of Owner, Construction Manager, Design Professional, and the requirements of governmental entities. As design proceeds, Construction Manager shall update the Schedule of the Work to indicate proposed activity sequences, durations, or milestone dates for such activities as receipt and approval of pertinent information, issuance of the drawings and specifications, the preparation and processing of shop drawings and samples, delivery of materials or

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited.

equipment requiring long-lead-time procurement, Owner's occupancy requirements and estimated date of Substantial Completion of the Project. If Schedule of the Work updates indicate that milestone dates contained in prior Schedules of the Work will not be met, Construction Manager shall notify and make recommendations to Owner. If the Project is to be completed in phases, Construction Manager shall make recommendations to Owner and Design Professional regarding the phased issuance of the drawings and specifications.

3.3.4 ESTIMATES

3.3.4.1 When Owner has sufficiently identified Owner's Program and other Project requirements and Design Professional has prepared other basic design criteria, Construction Manager shall prepare, for the review of Design Professional and approval of Owner, an initial estimate for the Project, utilizing area, volume, or similar conceptual estimating techniques.

3.3.4.2 When schematic or preliminary design documents have been completed by Design Professional and approved by Owner, Construction Manager shall prepare for the review of Design Professional and approval of Owner, a more detailed budget with supporting data.

During the preparation of the design development documents or documents of comparable detail, Construction Manager shall update and refine this estimate at appropriate intervals agreed upon by The Parties.

3.3.4.3 When design development documents or documents of comparable detail have been completed by Design Professional and approved by Owner, Construction Manager shall prepare a further detailed estimate with supporting data for review by Design Professional and approval by Owner. During the preparation of the drawings and specifications, Construction Manager shall update and refine this estimate at appropriate intervals agreed upon by the Parties.

3.3.4.4 If any estimate submitted to Owner exceeds previously approved estimates, Construction Manager shall notify and make recommendations to Owner.

3.3.5 CONSTRUCTION DOCUMENT REVIEW Construction Manager shall review the drawings and specifications in an effort to identify potential constructability problems that could impact Construction Manager's ability to perform the Work in an expeditious and economical manner. Construction Manager shall issue a report to Design Professional and Owner for their review and action as appropriate. In addition, Construction Manager shall promptly report to Owner and Design Professional any errors or omissions which it discovers in the drawings and specifications.

3.3.6 TEMPORARY FACILITIES Construction Manager shall make recommendations regarding temporary construction facilities, equipment, materials, and services for common use by Construction Manager, its Subcontractors, Subsubcontractors, and Suppliers.

3.3.7 LONG-LEAD-TIME ITEMS Construction Manager shall recommend to Owner and Design Professional a schedule for procurement of long-lead-time items which will constitute part of the Work as required to meet the Schedule of the Work. Construction Manager shall help expedite the delivery of long-lead-time items.

3.3.8 SOLICITATION OF SUBCONTRACTORS AND SUPPLIERS Construction Manager shall seek to develop Subcontractor interest in the Project and shall furnish to Owner and Design Professional a list of possible subcontractors from whom proposals may be requested for each principal portion of the Work. Owner shall promptly reply in writing to Construction Manager if Owner or Design Professional know of any objection to a subcontractor. Owner may designate specific persons or entities from whom Construction Manager shall solicit bids.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in

3.3.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Construction Manager shall consult with Owner regarding equal employment opportunity and affirmative action programs.

3.3.10 CONSULTANTS Construction Manager shall assist Owner in selecting, retaining, and coordinating the professional services of a surveyor, testing laboratories, and special consultants as needed.

3.3.11 PERMITS Construction Manager shall assist Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by Construction Manager.

3.3.12 OTHER PRECONSTRUCTION SERVICES Construction Manager shall provide such other preconstruction services as are agreed upon by the Parties and identified in an attached exhibit to this Agreement.

3.4 GUARANTEED MAXIMUM PRICE (GMP)

3.4.1 At such time as the Parties agree the drawings and specifications are sufficiently complete, Construction Manager shall prepare and submit to Owner in writing a GMP. The GMP proposal shall include the sum of the estimated cost of the Work, Construction Manager's Fee, the clarifications and assumptions upon which it is based, allowances, and reasonable contingencies, but shall not include compensation for Preconstruction Services. Construction Manager does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with this Agreement.

3.4.2 BASIS OF GUARANTEED MAXIMUM PRICE Construction Manager shall include with the GMP proposal a written statement of its basis, which shall include:

3.4.2.1 a list of the drawings and specifications, including all addenda, which were used in preparation of the GMP Proposal;

3.4.2.2 a list of allowances and a statement of their basis;

3.4.2.3 a list of the assumptions and clarifications made by Construction Manager in the preparation of the GMP Proposal to supplement the information contained in the drawings and specifications;

3.4.2.4 the Date of Substantial Completion or the Date of Final Completion upon which the proposed GMP is based, and the Schedule of Work upon which the Date of Substantial Completion or the Date of Final Completion is based;

3.4.2.5 a schedule of applicable alternate prices;

3.4.2.6 a schedule of applicable unit prices;

3.4.2.7 a statement of any work to be self-performed by Construction Manager.

3.4.3 Construction Manager shall meet with Owner and Design Professional to review the GMP. If Owner or Design Professional discovers any inconsistencies, inaccuracies, or omissions in the information presented, they shall promptly notify Construction Manager, who shall make appropriate adjustments to the GMP. Owner shall then give prompt written approval of the GMP.

ConsensusDocs® 500 - Standard Agreement and General Conditions Between Owner and Construction Manager (CM At-Risk) © 2017, Revised December 2021. THIS DOCUMENT MAY HAVE BEEN MODIFIED. The ConsensusDocs technology platform creates a redline comparison to the standard language which the purchaser of this contract is authorized to share for review purposes. Consultation with legal and insurance counsel are strongly encouraged. You may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly prohibited.

3.4.4 Owner shall cause Design Professional to revise the drawings and specifications to the extent necessary to reflect the clarifications, assumptions, and allowances on which the GMP is based.

Revised drawings and specifications shall be furnished to Construction Manager in accordance with the current Schedule of the Work, unless otherwise agreed by Owner, Construction Manager, and Design Professional. Construction Manager shall promptly notify Owner and Design Professional if the revised drawings and specifications are inconsistent with the GMP's clarifications, assumptions, and allowances.

3.4.5 If the Contract Documents are not complete at the time the GMP…