Teague Independent School District 420 N 10 Avenue Teague, TX 75860 th

REQUEST FOR QUALIFICATIONS

RFQ # 2026-02

TEAGUE INDEPENDENT SCHOOL DISTRICT

Construction Manager-At-Risk (CMAR) Services Two-Step Process

Teague ISD November 2026 Bond Projects

Leslie Cockerham, Business Office Specialist Teague Independent School District 420 N. 10th Avenue Teague, Texas 75860

REQUEST FOR QUALIFICATIONS FOR

CONSTRUCTION MANAGER-AT-RISK SERVICES

The District shall receive, publicly open, and read aloud as the proposal is opened the name of the firms submitting.

Upon submission of the Step 1 Proposals, the firms will be evaluated and ranked in accordance with the criteria contained in the Request for Qualifications (EXHIBIT A) Step 1 and determined to provide the best value for the District. The firms short-listed from step 1 will be notified by June 12, 2026.

The Teague Independent School District (the district) intends to select one or more Construction Manager(s)-At-Risk for the purpose of constructing the following November 2026 Bond Projects:

Project A: Construction of New Elementary Expansion with a Multi-Purpose Room Project B: Construction of New Varsity Gym

The selection shall be accomplished in a two-step process as provided for in the Texas Government Code, Chapter 2269, Contracting and Delivery Procedures for Construction Contracts, Subchapter F, Construction Manager-At-Risk Method. The District’s Board of Trustees shall select one or more Construction Manager(s)-At-Risk for these projects.

Responses shall include the information requested in the sequence and format prescribed. In addition to and separate from the requested information, submitting organizations may provide supplementary materials further describing their capabilities and experience.

Sealed submittals (five hard copies and one digital copy on a thumb drive in .pdf format) of the Qualifications Statements shall be submitted to:

Upon submission of the Step 2 Proposals and conclusion of the interviews, the firms will be evaluated and ranked in accordance with the criteria contained in the Request for Qualifications (EXHIBIT A) and determined to provide the best value for the District.

See (EXHIBIT B) for sample contract.

Step 1 - No later than 2:00 PM (local time) on Tuesday, June 11, 2026

Step 2 – Receive Proposals No later than 2:00 PM (local time) on Thursday, June 18, 2026

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TEAGUE INDEPENDENT SCHOOL DISTRICT

RFQ # 2026-02 – Construction Manager at Risk Services

Queries (written format only) about the Construction Manager-At-Risk proposal should be addressed to:

Craig Carpenter, Director of Maintenance & Operations 420 N. 10 Avenueth

Teague, TX 75860 craig.carpenter@teagueisd.org

Step 2 - If Notified on Short List

CONSTRUCTION MANAGER SELECTION SCHEDULE

Step 1

Request for Qualifications Released Receive Statements of Qualifications Establish short list of firms and notify for Step 2

Evaluate Proposals and Rank Selections

Recommendation to Board of Trustees

May 21, 2026 2:00 PM Local Time - June 11, 2026 June 12, 2026

June 23, 2026

July 28, 2026

Receive Proposals (Step 2)

Conduct Interviews

2 PM Local Time - June 18, 2026

June 23, 2026

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3 |10

Step 2 – IF REQUESTED Proposer’s response to this Step 2 Request for Proposal shall include:

PROPOSAL RESPONSE GUIDELINES

Step 1 – DO NOT PROVIDE STEP 2 RESPONSES WITH STEP 1

Proposer’s response to this Step 1 Request for Proposal shall include:

See Exhibit A for Complete Evaluation Criteria

Fee Proposal Form for Work

Firm Background and History Texas School District Construction Experience as Construction Manager At Risk Pre-Construction Budgeting and Design Assistance Methodology Proposed Personnel and Management Team Firm Financial Strength Litigation in Last 5 Years as Prime CMAR, completed and executed on the attached Form. The Fee will be a fixed dollar amount based on a percentage of the estimated construction cost.

List of Anticipated General Conditions Costs, completed and executed per the attached Form. This list is an estimate only based on your understanding of scope and schedule. General Conditions will be invoiced at the actual cost incurred with an agreed not-to-exceed amount established at such time as the schedule is fully defined.

Proposers are to estimate General Conditions on the anticipated job schedule, scope and conditions, rather than a specific construction cost. Do not anticipate downloading General Conditions into Subcontractors to artificially lower this estimate. For costs tied to a fixed construction amount (such as bonds), use construction budget identified in each bid package.

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The following items are to be included in the primary fee percentage rather than as General Conditions:

Safety Supervisor inspections Personal computers/Computer charges Vehicle rental/repair/insurance/ maintenance of main office and field office staff Project scheduling services (except for time of field office staff) Project accounting services (except for time of field office staff) Mobile telephone or two-way communication devices Fuel (except for onsite equipment) Bonuses or profit-sharing plans Insurance risk reserve funds and management of insurance risk funds Vehicle mileage charges and other travel expenses to and from the project Company Vehicles and Employee truck allowances AGC fees

The job trailer(s) /project team(s) move on-site as determined by the evaluation of the proposed project schedules. The job trailer(s) and project team(s) would move off-site after assisting the Owner with construction related move-in issues and punch list completion.

An on-site Field Office(s) are to be established by the CMAR using a trailer office on site as required by project definition. This Field Office(s) will hold offices for the CMAR’s field team and a workspace for the Architect.

The CMAR’s site staff during construction is anticipated to include as a minimum a full time Superintendent onsite and a full-time or part-time on-site project manager. The District will only pay for onsite staff time. The CMAR will provide copier, wi-fi and email to the Owner’s on-site representatives as needed. CMAR shall not change the team staffing of this project without the consent of the Owner.

5 |10

PROJECT DESCRIPTION

The following is an example project resulting from the (for proposal purposes only):

Scope:

Bond Referendum

Sample

November 2026

A new elementary expansion and multi-purpose room with an approximate square footage of 18,000 sf and an anticipated construction budget of $7.5 million.

A new varsity gym wtih approximately 1200 seats and 40,000 sf and an anticpated construction budget of $13.5 million.

(these amounts are for proposal purposes only - budgets may be modified after selection of CMAR)

Anticipated Schedule (for proposal purposes only – schedule will be modified after selection of CMAR)

Design/Construction Document Phase:

Proposal Phase:

Construction Phase:

_____ 2026-December 2026 ________ 2026 _______2026 – ______2027

Interviews will be 30 minutes, with approximately 15 minutes for the Construction Manager’s presentation and the remaining time for questions and discussion. The onsite project team shall attend at a minimum. The chemistry and comfort with the team is vital to the selection. The Contractor’s focus on the interview should be specific to the projects and the Owner’s concerns, including questions like:

• What specific contract deviations were noted in the proposal, why were these deviations and changes requested, and what impact it will have on the executed agreement as compared to the contract forms as included herein?

• What has the Contractor done recently that is similar to this in schedule, complexity, scope? What issues do you see?

• Which of the persons attending this interview could I expect to see on site, to what purpose, and at what frequency?

What assurances can you provide that this will not change and they will be with us until the very end of construction?

Describe in detail your budgeting process and how you ensure that the project is completed within the proposed budget. Also describe your value engineering process for each project.

Describe Owner’s betterment and Contractor Contingency and how you deal with both during construction.

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CMAR FEE PROPOSAL FORM

Proposal from ___________________________________, organized and existing under laws of the State of ___________________________________.

The Fee will be a fixed dollar amount based on a percentage of the estimated construction cost.

All work will be warranted per project for one year from Substantial Completion of said project or longer if specifically required of certaincomponents in the final technical specifications.

Basis of Fees and General Conditions

The undersigned hereby proposes to furnish all labor, materials, tools, and necessary equipment to perform the work required to construct as described in the Request for Proposal.

The undersigned further agrees to provide a Final Guaranteed Maximum Price (FGMP) based upon complete construction documents. Upon approval of the FGMP, the Agreement shall be executed with the FGMP establishing the Final Contract Amount.

This Proposer agrees this Proposal will remain good and in effect for a period of 90 days after receipt.

Warranty

Subcontractor Bonding Do you require your subcontractors to furnish payment and performance bonds?

FEES PROPOSED FOR CHANGE ORDERS

Contractor “Fee” expressed as percentage of Cost of Construction for labor, equipment, materials and related costs of the work provided by the Contractor. (The primary fee on the project.)

Subcontractor mark-up fee(5% maximum allowed)

Total Cost for developing cost estimates based on “Pre-Construction Services, Budgeting/Cost Estimating,” described above.

(Circle one) Yes No

Contractor Insurance – includes Contractor's general liability and other insurance required by Article 11, AIA General Conditions A201 attached - expressed as percentage of the Total Construction Cost.

What is your Insurance Rate Modifier?

Amount of Commercial General Liability (Limit) that can be furnished by CMAR without increase in insurance rate proposed.

$________M

Can you add the Owner, Architect, and Engineers on your policies as additional insured without additional cost to the Owner? (Circle one) Yes No

GENERAL CONDITIONS

General Conditions costs per month should the Construction schedule exceed the estimated construction Duration (Assume the General Conditions costs can be translated to a per diem after one month extension. Billing to the Owner shall not exceed actual costs incurred by the Construction Manager.

PROPOSED “FEE” FOR CONTRACTOR

PROPOSED COST FOR PRE-CONSTRUCTION

SERVICES

7|10

8|11

Will you use sub-guard insurance on this project?

(Circle one)

If yes, percentage charged.

Is percentage negotiable? (Circle one)

Yes No

Yes No N/A

Provide a cost for General Conditions based upon the schedule furnished expressed as dollar amounts. Complete the enclosed form, including specific project reimbursable field staff cost data.

Please indicate “n/a” (not applicable) for any items that, in your opinion, do not apply to this project.

Please indicate with a “0" (zero) for any items that are included in your fee and will not be billed as General Conditions.

General Conditions

9 |10

On-Site Field Office Staff Position

Project Manager Superintendent Asst. Superintendent Others Others

Total On-Site Field Office Staff Cost

List of General Conditions

Weekly Rate

1.Field ProjectOffice 2.Office Furniture 3.Office Equipment 4.Internet, Telephone and Fax Services 5.Temporary Storage 6.All Risk Builder’s Insurance 7.General Commercial Liability Insurance 8.All other Insurances in addition to CGL required 9.Contractor’s Bond

10.Building Permit Fees 11.Independent Testing and Inspection 12.Construction Clean-Up, including dumpsters & hauling

Other (list separately) 13.

14.

15.

16.

17.

18.

19.

20.

% x 100 % x

% x % x % x

% Each Week On Project

# of Weeks x x x x x

Total by Owner by Owner

Weekly rates are to be based on actual labor cost and all costs are to be fully burdened as complete rate that will be charged to the project, without additional multipliers, factors, or supplemental costs.

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Legal Address:

Telephone No.:

Fax No.:

Email:

Under the law of the State of Texas

Date:___________________________

Signed: _________________________

Title: ___________________________

Name of Firm: ___________________

Organized as a: (Mark One) ___Proprietorship ___Partnership ___Corporation

Total General Conditions including On-Site Field Office Staff =$_______________

The total of all items included in the General Conditions are to be listed above. No exclusions are allowed.

EXHIBIT A

Step 2

Interview

INTERVIEW

EXPERIENCE

SCORING SYSTEM

Step 1

DISTRICT'S NEEDS

FINANCIAL STRENGTH

PROPOSED PERSONNEL AND MANAGEMENT TEAM

Teague ISD CM at Risk Evaluation Form

Rating Scale:

Rating Scale:

Rating Scale: 1 - 10

1-48 points

Above Average = 3

Ranking based on interviews with shortlisted firms.

Average = 2

Does the Respondent have adequate bonding capacity?

Below Average = 1

Does the Respondent appear to have the staff necessary to adequately serve the needs of the District?

Do the personnel proposed for the projects appear to have the appropriate experience, capabilities?

Have the proposed personnel demonstrated the ability to demand quality work?

Does the description provided by the Respondent of its pre-construction services evidence both understanding and capabilities of the processing general and as it applies to this specific project?

Does the Respondent appear to have the capability to meet the District's schedule objectives?

Does the Respondent appear to be able to provide detailed cost estimates that can be useful to the District and the Architect?

Does the Respondent appear to be able to provide cost estimates that are consistent with the actual bids?

If savings are realized during construction, what percentage will be returned to the District at the end of the project(s)?

If the Respondent has contingency remaining at the end of the project(s), what percentage will be returned to the District?

What is the quality of the schedules submitted in the RFQ response?

Does the Respondent appear to have the capability to provide constructability analysis?

Is the Respondent knowledgeable about, experienced in the Central Texas construction market?

How substantial is the Respondent's recent experience as CM in the construction of educational projects of comparable size and complexity?

How substantial is the Respondent's recent experience as CM in providing pre-construction services for educational projects of comparable size and complexity?

What is the Respondent's litigation record?

Subtotal

Subtotal

Subtotal

Subtotal

Step One Total (48 points maximum) Step One Rank

Step Two Total (48 points maximum) Step Two Rank

Subtotal (1-10 Points for Question 17) TOTAL Step 2 and Interview

® EXHIBIT B

AIA Document A133

– 2019 Standard Form Manager as Constructor of Agreement Between Owner and Construction where the basis of payment is the

Cost of the Work Plus a Fee with a Guaranteed Maximum Price

AIA Document A133 – 2019.Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms® of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1952740201)

ADDITIONS AND DELETIONS:

The author has added of this document information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text the author reviewed.

is available from and should be

This documenthasimportant legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201™–2017, General Conditionsofthe Contract for Construction, is adopted in thisdocument by reference. Donotuse with other general conditions unlessthis document is modified.

ELECTRONIC COPYING of any portion of this AIA Document® to another electronic fileis prohibited and constitutesa violation of copyright laws as set forth in the footerof this document.

BETWEEN

AGREEMENT

The Architect:

(Name, legal status, address, and other information) the Owner:

for the following Project: (Name, location, and detailed description)

Teague ISD 420 North 10th Avenue.

Teague, TX 75860 and the Construction Manager:

The Owner and Construction Manager agree as follows.

made as of the TBD day of TBD in the year Two Thousand Twenty-six (In words, indicate day, month, and year.)

(Name, legal status, address, and other information)

(Name, legal status,address, and other information)

RFQ # 2026-02 – ConstructionManageratRiskServices

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes:

(1952740201)

§1.1.1

TABLE OF ARTICLES

INITIAL INFORMATION

GENERAL PROVISIONS

CONSTRUCTION MANAGER’S RESPONSIBILITIES

OWNER’S RESPONSIBILITIES

COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

COMPENSATIONS FOR CONSTRUCTION PHASE SERVICES

COSTS OF THE WORK FOR CONSTRUCTION PHASE

DISCOUNTS, REBATES, AND REFUNDS

SUBCONTRACTS AND OTHER AGREEMENTS

ACCOUNTING RECORDS

PAYMENTS FOR CONSTRUCTION PHASE SERVICES

DISPUTE RESOLUTION

TERMINATION OR SUSPENSION

MISCELLANEOUS PROVISIONS

SCOPE OF THE AGREEMENT

EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT

EXHIBIT B INSURANCE AND BONDS

ARTICLE 1 INITIAL INFORMATION

§1.1 (For each item in this section, insert the information or a statement such as, “not applicable” or “unknown at time of

$ TBD.

TBD.

§1.1.2 The Project’s physical characteristics:

The Owner’s program for the Project, as described in Section 4.1.1:

This Agreement is based on the Initial Information set forth in this Section 1.1.

TBD.

§1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6:

(Provide total and, if known, a line-item breakdown.)

(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

execution.”)

(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location;

dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§1.1.4

§1.1.5

§1.1.6

§1.1.8

§1.1.10

.1

N/A

N/A

Geotechnical Engineer:

The Owner’s anticipated Sustainable Objective for the Project:

The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

TBD

Construction commencement date:

TBD

.2

The Owner shall retain the following consultants and contractors:

The Owner identifies the following representative in accordance with Section 4.2:

§1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows:

.3 Substantial Completion date or dates:

TBD

Other milestone dates:

TBD

.4

The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below:

N/A §1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234– 2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234– 2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective.

§1.1.7 Other Project information:

(List name, address and other contact information.)

(List name, address, and other contact information.)

(List name, legal status, address, and other contact information.)

(Identify any requirements for fast-track scheduling or phased construction.)

(Identify special characteristics or needs of the Project not provided elsewhere.)

(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§1.1.14

TBD

HVAC Test & Balance:

TBD

Other, if any:

(List any other consultants retained by the Owner, such as a Project or Program Manager.)

Building Commissioning Materials testing laboratories

The Architect’s representative:

The Owner’s requirements for subcontractor procurement for the performance of the Work:

The Construction Manager identifies the following representative in accordance with Article 3:

§1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9:

§1.1.15 Other Initial Information on which this Agreement is based:

§1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change, and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information.

§ 1.1.11

§ 1.1.12

.3

(List name, address, and other contact information.)

(List name, address, and other contact information.)

(List any Owner-specific requirements for subcontractor procurement).

N/A

(List any Owner-specific requirements to be included in the staffing plan.)

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§2.2 Relationship of

§2.3 General Conditions §2.3.1

§3.1 Preconstruction Phase §3.1.1 Extent of Responsibility the Parties

ARTICLE 2 GENERAL PROVISIONS

§2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15.

ARTICLE 3CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project.

§1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the other party.

The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents.

The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require.

For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term “Contractor” as used in A201–2017 shall mean the Construction Manager.

§2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term “Contractor” as used in A201–2017 shall mean the Construction Manager.

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§3.1.3 Consultation § 3.1.3.1 matters as procedures, progress, coordination, and scheduling of the Work.

§3.1.6 Cost Estimates §3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems.

§3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, §3.1.4 Project Schedule

§3.1.5 Phased Construction

§3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other.

When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction;

and the occupancy requirements of the Owner.

The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such

§3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase.

§3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.

price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a the Work exceeds the latest approved Project budget and make recommendations for corrective action.

§3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.

The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues.

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes:

(1952740201)

§3.1.12 Procurement

§3.1.13 Compliance with Laws

§3.1.11 Subcontractors and Suppliers §3.1.11.1 Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval.

§3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project.

§3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase

§3.1.14 Other Preconstruction Services

§3.2 Guaranteed Maximum Price Proposal §3.2.1

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Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document

§3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval.

§3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities.

§3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval.

§3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement.

If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction

The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities.

The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them.

At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2.

§3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order.

(Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.)

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§3.3 Construction Phase §3.3.1 General §3.3.1.1 For purposes of Section 8.1.2 of A201–2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase.

§3.3.1.2 The Construction Phase shall commence upon the Owner’s execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties.

The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment.

§3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:

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A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract.

A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2.

A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; and the Construction Manager’s Fee.

The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and A date by which the Owner must accept the Guaranteed Maximum Price.

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§3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order.

§3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. If the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both.

§3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based.

§3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs.

§3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents.

§3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed.

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner.

§3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above.

ARTICLE 4 OWNER’S RESPONSIBILITIES

§4.1 Information and Services Required of the Owner

§3.3.2 Administration § 3.3.2.1

§3.3.2.3 Monthly Report

The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect.

§3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201–2017.

The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner.

§4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements.

§4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2.

§4.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality.

furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

§4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as

§4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall

AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:31:51 ET on 11/29/2021 under Order No.2449185511 which expires on 03/06/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1952740201)

NA

§5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, «TBD»

§5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below.

For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows:

The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201–2017, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative.

§4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.

applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;

adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of…