Falcon Academy of Science and Technology Multipurpose Building and Kitchen Project.pdf

FACLON ACADEMY OF SCIENCE AND TECHNOLOGY Multipurpose Building and Kitchen Project BWS/06-29-26 RFQ/RFP for LLB Services 57485309.1/

BREA OLINDA UNIFIED SCHOOL DISTRICT

RFQ/RFP NO. 26-0002

REQUEST FOR QUALIFICATIONS AND PROPOSALS

FOR LEASE-LEASEBACK PRECONSTRUCTION

AND CONSTRUCTION SERVICES

FOR THE

FALCON ACADEMY OF SCIENCE AND TECHNOLOGY

MULTIPURPOSE BUILDING AND KITCHEN PROJECT

Request Issuance Date:

Deadline for Prequalification Applications:

July 27, 2026

August 7, 2026, at 2:00 PM

Mandatory Conference-Site Visit Date and Time: August 12, 2026, at 10:00 AM

Mandatory Conference-Site Visit Location:

FALCON ACADEMY OF SCIENCE

AND TECHNOLOGY

650 N. Apricot Avenue Brea, CA 92821

Deadline For Submitting Questions: August 17, 2026, at 12:00 PM

Deadline for Submitting Proposals: August 24, 2026, at 12:00 PM

Interested contractors may obtain information regarding this procurement, including instructions for accessing the RFQ/RFP documents through the District's PlanetBids electronic procurement portal, by visiting the following link: https://www.bousd.us/page/current-bid-openings https://www.bousd.us/page/current-bid-openings

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Table of Contents Page

PART A: INTRODUCTION

1. Intent and Purpose

2. General Scope of Work

3. Preconstruction Services

4. Estimated Project Cost

5. Guaranteed Maximum Price

6. District Preferences and Process

PART B: ANTICIPATED TIMELINE FOR SELECTION OF PROJECT CONTRACTOR

PART C: REGISTRATION WITH DISTRICT REQUIRED

PART D: ADDITIONAL INFORMATION FOR CONTRACTORS

1. Addenda to Request

2. Mandatory Conference and Site Visit

3. CSLB Licenses

4. Selection of Subcontractors and Self-Performance of Work

5. Prequalification by District

6. Registration with DIR

7. Prevailing Wages

8. Skilled and Trained Workforce

9. Requirements of the LLB Agreements

10. Review of LLB Agreements

11. Modification or Withdrawal of Proposal

12. Responsibility for Costs

13. Disclosure of Proposals

14. Ownership of Documents and Use of Ideas

15. Award of Contract Not Guaranteed

16. District Review of Costs

17. Unethical Behavior

PART E: REQUIRED CONTENT OF PROPOSAL

1. Proposal Cover

2. Optional Summary Letter

3. Table of Contents

4. Contractor Contact Information

5. Key Personnel

6. Contractor Licenses

7. DIR Registration

8. District Prequalification

9. Bonding Capacity

10. Insurance Coverage

11. LLB Qualifications and Experience

12. Customer Service

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13. Local Outreach

14. Subcontractor Selection Process

15. Skilled and Trained Workforce

16. Proposed Modifications to LLB Agreements

17. Preconstruction Services Fee

18. GMP Methodology and Comparison Pricing

19. Additional Information

20. Certification Regarding Proposal

PART F: EVALUATION OF PROPOSALS

1. Evaluation Process

2. Evaluation Criteria

PART G: QUESTIONS REGARDING THIS REQUEST

1. Submission to District

2. Other Contacts Prohibited

3. Responses to Questions

4. Deadline for Questions

PART H: SUBMITTAL OF PROPOSALS

1. Number of Copies

2. Formatting

3. Proposals Must Be Sealed

4. Delivery Address and Deadline

5. Method of Delivery

6. Contractor Responsibility

EXHIBIT “A” PROJECT DESCRIPTION ...................................................................................................... A-1

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PART A: INTRODUCTION

1. Intent and Purpose.

The Brea Olinda Unified School District (“District”) has undertaken acts needed to plan, design, and construct the public work/public project described in Exhibit “A” hereto (“Project”). The District intends to construct the Project using the “Lease-Leaseback” (or “LLB”) construction delivery method authorized by Education Code Section 17406 and related provisions of Education Code Section 17400 et seq. (“LLB Law”). The District will employ an interrelated set of agreements to implement construction of the Project using the LLB construction delivery method (collectively, the “LLB Agreements”), which will include: (i) a “Preconstruction Services Agreement”; (ii) a “Site Lease Agreement”; (iii) a “Leaseback Agreement”; and (iv) a “Construction Services Agreement.” The LLB Agreements collectively constitute a single “instrument” for purposes of Education Code Section 17406. Exhibit A hereto sets forth the District’s currently anticipated Project commencement and completion dates, although such dates are subject to change, including, without limitation, as a result of events beyond the control of the District.

The District has issued this Request for Qualifications and Proposals (“RFQ/RFP”), as required by the LLB Law, for purposes of selecting the contractor that will constitute the best value to the District in connection with construction of the Project (“Project Contractor”). The District encourages any contractor to submit a response to this RFQ/RFP (each a “Proposal”) if, after a thorough review of this RFQ/RFP and related LLB Agreements, the contractor believes that it has the requisite qualifications, experience and resources, and that it otherwise satisfies the requirements described in this RFQ/RFP.

The criteria and methodology the District will use to select the Project Contractor are described in this

RFQ/RFP.

Studio Plus Architects, Inc. dba Studio+ Architects (“Architect”) has or will prepare drawings for the Project that specify the general design intent and scope of the Project (“Conceptual Drawings”). The final drawings and specifications for the Project (“Project Plans”) will be subject to approval by the California Department of General Services, Division of State Architect (“DSA”). It is critical for purposes of Project scheduling and funding that the District obtain final DSA approval of the Project Plans not later than April 26, 2027. As part of the preconstruction services, the Project Contractor must collaborate and work closely with the Architect in order to meet that approval deadline.

2. Scope of Services.

The District intends that the Project Contractor shall perform any and all preconstruction, construction, and related services, and provide any and all equipment, materials, supplies and other things, as may be necessary and convenient to accomplish full and satisfactory completion of the Project, including, without limitation, assisting with DSA close-out of the Project. The Project Contractor SHALL NOT commence or be required to commence construction of any portion of the work that is subject to approval by the DSA prior to the District obtaining DSA approval for that portion of the work.

Interested contractors may obtain a more specific understanding of the scope of the work required for the Project by thoroughly reviewing the Conceptual Drawings and the forms of the LLB Agreements, which the District will make available to each contractor that registers with the District as provided herein. Note that the Conceptual Drawings and LLB Agreements are incorporated as integral components of this RFQ/RFP, and the District shall reject the Proposal of any contractor that has not registered with the District and obtained copies of the Conceptual Drawings and LLB Agreements.

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3. Preconstruction Services.

The District intends that the Project Contractor shall provide preconstruction services, as described in the Preconstruction Services Agreement. The ultimate purposes and goals of the preconstruction services will be to minimize the costs of the Project and to ensure that the Project Contractor can construct the Project: (i) in accordance with the approved plans and specifications; (ii) on a timely and efficient basis; (iii) for a cost that is within the applicable budget; and (iv) without significant requests for information, change orders, delays, or additional expense to the District.

4. Estimated Project Cost.

Exhibit A hereto sets forth the District’s current estimate of the total cost of the Project (i.e., both soft and hard costs). However, a goal of the District is that, through performance of the preconstruction services, the Project Contractor will assist in identifying plan changes, construction techniques, and other ways to achieve cost savings while maintaining the design-intent, functionality, and other important characteristics of the Project.

5. Guaranteed Maximum Price.

The District intends that the Project Contractor shall guarantee that the price payable by the District, in exchange for the Project Contractor to fully and satisfactorily complete the Project and all related obligations in strict accordance with the LLB Agreements, will not exceed a specific maximum amount (the “Guaranteed Maximum Price” or “GMP”). The District further intends that, consistent with the LLB Law, the GMP shall be determined following completion of the preconstruction services.

6. District Preferences and Process.

Without limiting anything else in this RFQ/RFP, the District intends that the Project Contractor shall: (i) be licensed as a general building contractor by the California Department of Consumer Affairs, Contractors State License Board (“CSLB”), i.e., possess a Class “B” contractor’s license; (ii) have extensive experience constructing public school facilities within the State of California using the LLB construction delivery method; and (iii) have extensive experience in regard to working with and complying with requirements of the Office of Public School Construction (“OPSC”), the DSA, the California Building Code, and Title 24 of the California Code of Regulations.

The District’s preference is that the Project Contractor have a headquarters or staffed regional office within the District’s boundaries or otherwise within the County of Orange, relatively near to the Project site, and each contractor should address whether it satisfies this preference as part of its response to Section 19 of Part E of this RFP. A Proposal should provide such information as demonstrates that the contractor has the knowledge, qualifications, experience, resources, and ability as are necessary to: (i) provide exceptional customer service; and (ii) efficiently and timely complete the Project in accordance with applicable building codes and other laws, contractual requirements, and applicable scheduling milestones and completion dates.

The District initially intends to select the Project Contractor following only the review of Proposals received by the District. However, the District shall have the sole discretion to, alternatively, select the Project Contractor: (i) after interviewing one or more contractors that have submitted Proposals, as determined by the District; or (ii) after implementing some other method(s) of selecting the Project Contractor as may be consistent with the selection criteria described in this RFQ/RFP.

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PART B: ANTICIPATED TIMELINE FOR SELECTION OF PROJECT CONTRACTOR

The District anticipates that the process for selection of the Project Contractor will occur in accordance with the timeline set forth below. However, although timing is of critical importance, the District may alter the dates and times specified below as the District, in its sole discretion, determines necessary and/or appropriate.

Publish/Distribute Notice and RFQ/RFP July 27 and August 3, 2026 Deadline for Prequalification Applications August 7, 2026, at 2:00 PM Issuance of Prequalification Determinations August 11, 2026 Mandatory Conference and Site Visit August 12, 2026, at 10:00 AM Deadline for Contractor Questions August 17, 2026, at 12:00 PM Last Day for District to Answer Questions August 20, 2026 Deadline for Submitting Proposals August 24, 2026, at 12:00 PM Shortlist Interviews (if requested by District) August 26 - August 31, 2026 Notification of Contractor Selection September 4, 2026 District Board Approval (Regular Meeting) September 10, 2026 Pre-Construction Services Commencement Date September 8, 2026 Deadline for DSA Approval of Drawings and Specs April 26, 2027 District Board Approval of GMP (Regular Meeting) June 11, 2027 Construction Commencement Date August 1, 2027 Substantial Completion for Occupancy Purposes January 2, 2029 Full and Final Completion of Construction January 31, 2029 Expected Close Out with DSA March 1, 2029

PART C: REGISTRATION WITH DISTRICT REQUIRED

As a mandatory condition precedent to submitting a Proposal, a contractor must register with the District through the District's PlanetBids electronic procurement portal as provided in this Part. By registering through PlanetBids: (i) a contractor will be able to attend the Mandatory Conference and Site Visit; (ii) a contractor will be able to obtain copies of the Conceptual Drawings and the LLB Agreements;

(iii) the contractor will receive notice of any addenda to this RFQ/RFP and responses to questions regarding this RFQ/RFP; and (iv) the District will maintain an official record of contractors that have registered for purposes of this procurement.

The District will distribute this RFQ/RFP, all addenda, the Conceptual Drawings, the LLB Agreements, responses to contractor questions, and other procurement-related documents through the District's PlanetBids electronic procurement portal. Each contractor shall be solely responsible for registering with PlanetBids, maintaining current contact information, reviewing all procurement documents made available through PlanetBids, and monitoring the portal for addenda and other communications relating to this RFQ/RFP.

To register through PlanetBids, a contractor shall provide, at a minimum, the following information:

i. A request that the contractor be registered with the District specifically for purposes of the FACLON ACADEMY OF SCIENCE AND TECHNOLOGY Multipurpose Building and Kitchen Project;

ii. The contractor's full legal name;

iii. The number and classification(s) of the license issued to the contractor by the California

Contractors State License Board ("CSLB"); and

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iv. The name, title, mailing address, telephone number, and email address of the contractor's authorized contact person for purposes of this RFQ/RFP.

The District will reject the Proposal of each contractor that does not register through PlanetBids, obtain copies of the Conceptual Drawings, the LLB Agreements, and any and all addenda to this RFQ/RFP, and otherwise comply with the requirements of this Part.

PART D: ADDITIONAL INFORMATION FOR CONTRACTORS

1. Addenda to Request.

The District may issue one or more addenda for purposes of amending this RFQ/RFP. The District will issue all addenda through the District's PlanetBids electronic procurement portal and will provide notice of each addendum to each contractor that has registered in accordance with Part C of this RFQ/RFP, using the email address associated with the contractor's PlanetBids registration. Addenda issued by the District also will be available for review through the District's PlanetBids electronic procurement portal.

Each contractor is solely responsible for monitoring PlanetBids, reviewing all addenda issued by the District, and, in its Proposal, acknowledging each addendum issued by the District. Failure by a contractor to acknowledge any and each addendum issued by the District is grounds for rejection of that contractor's Proposal. Oral interpretations, clarifications, or other communications shall not modify this RFQ/RFP unless confirmed by written addendum issued by the District.

2. Mandatory Conference and Site Visit.

The District will conduct a conference and visit to the site of the Project for contractors interested in submitting a Proposal. The conference will be held at the location, and will commence on the date and at the time, as are specified on the cover page to this RFQ/RFP. The site visit will commence immediately upon completion of the conference. Each contractor shall be responsible for its own transportation to and from the conference and site visit. ATTENDANCE FOR THE ENTIRETY OF THE

CONFERENCE AND SITE VISIT IS MANDATORY. CONTRACTOR REPRESENTATIVES MUST SIGN THE

ATTENDANCE SHEET AT THE SITE VISIT LOCATION. FAILURE BY A CONTRACTOR TO ATTEND THE ENTIRETY OF THE CONFERENCE AND SITE VISIT IS GROUNDS FOR REJECTION OF THAT CONTRACTOR’S

PROPOSAL.

3. CSLB Licenses.

Each contractor that submits a Proposal must at such time have a current and valid Class “B” contractor license issued by the CSLB, and the Project Contractor shall maintain that license in effect at all times prior to full and final completion of the Project. Each subcontractor that will perform any portion(s) of the work required to complete the Project must, prior to commencing performance of that work, have a current and valid contractor license issued by the CSLB that is appropriate for the portion(s) of the work the subcontractor will perform.

4. Selection of Subcontractors and Self-Performance of Work.

The Project Contractor shall not designate any subcontractor(s) in its Proposal. Instead, the Project Contractor shall, after the award of the LLB Agreements, select all subcontractor(s) using a process consistent with the requirements of: (i) Exhibit A to the Preconstruction Services Agreement; (ii) Subsection 3.5.2 of the General Provisions set forth in the Construction Services Agreement; and (iii) subdivision (a)(4)(B) of Education Code Section 17406. The selection process used by the Project

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Contractor shall be subject to approval in advance by the District and, throughout the process, subject to “open book” review by the District. Each subcontractor selected through such process: (i) must be properly licensed by the CSLB; and (ii) shall be entitled to the protections set forth in Public Contract Code Sections 4100 et seq. The Project Contractor, in accordance with the approved selection process, shall seek proposals or bids for trades that the Project Contractor desires to self-perform, and any and all self-performance of work by the Project Contractor shall be subject to approval by the District, as described in the Preconstruction Services Agreement and the Construction Services Agreement.

5. Prequalification By District.

Each contractor that submits a Proposal must, prior to submitting the Proposal, have been prequalified by the District, in accordance with Public Contract Code Section 20111.6 and the instructions set forth on the District’s website (“District Prequalification”). No other prequalification process will suffice, and the District will reject the Proposal of each Contractor that has not been prequalified in accordance with the District Prequalification requirements. As part of its obligations pursuant to the Preconstruction Services Agreement, the Project Contractor will be required to ensure that its electrical, mechanical, and/or plumbing subcontractors holding any of the C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C- 43, or C-46 specialty licenses are prequalified in accordance with the District Prequalification requirements prior to the Project Contractor entering into contracts with those subcontractors.

6. Registration with DIR.

Each contractor that submits a Proposal must, at the time the Proposal is submitted to the District, be currently registered with the California Department of Industrial Relations (“DIR”) pursuant to Labor Code Sections 1725.5 and/or 1771.1. As part of its obligations pursuant to the Preconstruction Services Agreement, the Project Contractor will be required to ensure that its subcontractors are registered with the DIR pursuant to Labor Code Sections 1725.5 and/or 1771.1 prior to the Project Contractor entering into contracts with those subcontractors.

7. Prevailing Wages.

The Project is a “public work” as defined in Section 1720 of the California Labor Code (“Labor Code”) and, therefore, is subject to Division 2, Part 7, Chapter 1, of the Labor Code and Title 8 of the California Code of Regulations, Section 16000 et seq. (collectively, “Labor Laws”). The Project is subject to compliance monitoring and enforcement by the DIR. The Project Contractor, at no additional cost to the District, must: (i) comply with any and all applicable requirements of the Labor Laws, including, without limitation, requirements for payment of “prevailing wages,” inspection and submittal (electronically, as required) of payroll records, interview(s) of workers, et cetera; (ii) ensure that its subcontractors are aware of and comply with all applicable requirements of the Labor Laws; (iii) cooperate with the DIR, the District, and other entities with competent jurisdiction in regard to requirements of, and enforcement of, applicable Labor Laws; and (iv) post all job-site notices required by law in connection with the Work, including, without limitation, postings required by DIR regulations. Without limiting the foregoing, the Project Contractor must obtain and prominently post at the Project site copies of the general prevailing wage rates for each craft, classification, and/or type of worker needed to complete the Project.

8. Skilled and Trained Workforce.

As set forth in the LLB Agreements, the Project Contractor shall be required to provide to the District an enforceable commitment that the Project Contractor and each of its subcontractors of any tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an

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9. Requirements of the LLB Agreements.

The LLB Agreements set forth additional provisions applicable to the Project and the work necessary to complete the Project, including, without limitation, requirements for: (i) both a performance bond and a payment bond, each in the amount of 100% of the final GMP for the Project; (ii) compliance with District policies, such as those prohibiting use of alcohol and illegal drugs on District property; (iii) fingerprinting and background checks in accordance with California Department of Justice procedures; and (iv) efforts to utilize disabled veterans business enterprises (“DVBE”) for some or all of the work required to complete the Project.

10. Review of LLB Agreements.

The District intends that, with the exception of information to be filled in after selection of the Project Contractor: (i) the LLB Agreements are in final form and shall not be subject to modification; and (ii) once approved by the Board of Education of the Brea Olinda Unified School District (“District Board”), the final GMP for the Project shall be subject to increase solely and exclusively on account of (1) unforeseen subsurface conditions that the Project Contractor could not have discovered by exercising reasonable due diligence during the preconstruction phase of the Project, and (2) changes to the scope of the Project requested by the District for any reason that is not the fault of or caused by the Project Contractor. Prior to submitting a Proposal, each contractor must fully review the forms of the LLB Agreements that will be applicable to the Project. A CONTRACTOR MUST NOT ASSUME THAT THE LLB

AGREEMENTS ARE THE SAME OR SIMILAR TO OTHER AGREEMENTS THAT THE CONTRACTOR

PREVIOUSLY MAY HAVE REVIEWED. If a contractor believes that it will be necessary to modify any provision of the LLB Agreements, the contractor must include in its Proposal the information described in Section 16 of Part E of this RFQ/RFP. The District will consider modifications to the LLB Agreements only if there are significant and valid reasons for the modifications, such as the need to comply with applicable Legal Requirements, not merely because of a contractor’s preferences regarding terms and conditions for performance of public projects and/or allocation of risks. Although the District intends to modify the LLB Agreements if necessary to ensure compliance with applicable Legal Requirements, the District shall have the sole and absolute discretion with respect to whether it implements any other proposed modifications to the LLB Agreements. PLEASE NOTE THAT, EXCEPT FOR INFORMATION TO BE FILLED IN AFTER SELECTION OF THE PROJECT CONTRACTOR, AND EXCEPT FOR MODIFICATIONS THAT THE DISTRICT DETERMINES ARE NECESSARY AND/OR APPROPRIATE, THE CONTRACTOR SELECTED AS THE PROJECT CONTRACTOR SHALL BE REQUIRED TO ENTER INTO THE LLB AGREEMENTS IN THEIR

CURRENT FORMS.

11. Modification or Withdrawal of Proposal.

At any time prior to the Deadline for Submitting Proposals specified on the cover sheet to this RFQ/RFP, a contractor may: (i) modify its Proposal by submitting the modified Proposal together with a written request to withdraw the original Proposal and replace it with the modified Proposal; or (ii) withdraw its Proposal by providing written request for withdrawal to the District.

12. Responsibility for Costs.

Each contractor shall be responsible for paying any and all costs that it incurs in connection with the preparation and submission of its Proposal, together with any and all expenses associated with travel to

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13. Disclosure of Proposals.

Except as provided below in this Section 13: (i) the District will consider each Proposal to be a public record, which the District may disclose in accordance with California law or otherwise; and (ii) Proposals shall not be deemed or construed to include any proprietary or other confidential information. In order to preserve the responding contractors’ respective competitive positions, the District will not disclose any Proposals until after it has completed its evaluation of all Proposals, ranked the responding contractors as provided in this RFQ/RFP, and announced or disclosed its selection of the Project Contractor. The District, as described in Section 18 of part E of this RFQ/RFP, shall consider the methodologies for determining the GMP submitted by contractors in accordance with Section 18 to be confidential and proprietary information that is not subject to public disclosure. NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY, THE DISTRICT SHALL NOT BE RESPONSIBLE OR LIABLE FOR DISCLOSURE OF ANY INFORMATION INCLUDED IN A CONTRACTOR’S PROPOSAL THAT THE

CONTRACTOR BELIEVES IS CONFIDENTIAL OR PROPRIETARY INFORMATION.

14. Ownership of Documents and Use of Ideas.

All Proposals and other materials submitted in response to this RFQ/RFP shall become the property of the District, and the District shall have no obligation to return any Proposal to the contractor that submitted the Proposal. The District may use any ideas set forth in a Proposal, regardless of whether the District selects the contractor that submitted such Proposal.

15. Award of Contract Not Guaranteed.

Please note that this RFQ/RFP is merely a solicitation for Proposals. Neither this RFQ/RFP, nor any Proposal, shall be deemed or construed to: (i) create any contractual relationship between the District and any contractor; (ii) create any obligation, express or implied, for the District to enter into a contract with any contractor or other party; or (iii) serve as the basis for a claim for reimbursement for costs associated with submittal of any Proposal. The District, in its sole and absolute discretion, shall have the right to select the contractor for the Project that represents the best value to the District and otherwise best meets the District’s needs, or to not select any contractor pursuant to this RFQ/RFP. Any and each contract to be awarded by the District shall be valid and binding only upon approval by the District Board.

16. District Review of Costs.

The District may at any time contract for the services of an independent consultant that will assist the District with, among other things, ensuring that the GMP for the Project is fair and reasonable, and the Project Contractor and each of its subcontractors shall be required to fully cooperate at all times with such efforts on an “open book” basis.

17. Unethical Behavior.

By submitting a Proposal, a contractor shall be deemed to represent and warrant that neither it nor any of its agents or other representatives gave or offered to give any gratuity (in the form of entertainment, gifts, or otherwise) to any District officer or employee, with the intent or goal of obtaining favorable treatment with respect to the selection of a contractor for the Project. If the District determines that a contractor has breached or violated such warranty, the District may terminate, in whole or in part, ANY

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PART E: REQUIRED CONTENT OF PROPOSAL

In order to be responsive to this RFQ/RFP, a contractor’s Proposal must include all of the information described in this Part E (except as provided in Section 2), in the order set forth below.

1. Proposal Cover (one page).

The cover to the Proposal may specify only: (i) the Project name and, if applicable, the request or project number designated by the District; (ii) the Deadline for Submitting Proposals; (iii) the title of the Proposal, if any; (iv) the contractor’s name, contact person, address and telephone number; and (v) the contractor’s logo, if any.

2. Optional Summary Letter (one page).

A contractor may, if desired, include in its Proposal a letter that briefly summarizes the Proposal. The letter must be signed by a person with authority to act on behalf of and bind the contractor.

3. Table of Contents (one page).

Include a list of the headings and corresponding page numbers for everything included in the Proposal that follows after the table of contents.

4. Contractor Contact Information (one page).

Specify: (i) the contractor’s full, legal company name; (ii) the address and telephone number of the contractor’s principal business offices; (iii) the names and titles of, as applicable, the contractor’s principal owners and officers; and (iv) the address and telephone number of the contractor’s business office that, if awarded a contract, will manage the Project.

5. Key Personnel (one page).

Identify all “key” management and superintending employees the contractor intends to assign to the Project, specifying their respective qualifications and experience completing public projects using the LLB construction delivery method, including, without limitation, specific experience on projects for which the contracts were entered into on or after January 1, 2017. Include an affirmative statement that each of such key personnel currently are fully qualified, experienced, and, as applicable, properly and appropriately licensed to perform the preconstruction services and other services necessary to complete the Project using the LLB construction delivery method consistent with current provisions of California Education Code Section 17406. Include individual resumes or profiles for such key personnel as attachments to the Proposal.

6. Contractor Licenses (one page).

Specify the number and classification(s) of the contractor license issued by the CSLB to the contractor, together with any other licenses, registrations, and/or certifications held by the contractor and relevant to completion of the Project using the LLB construction delivery method. In addition, specify the number(s) and respective classification(s) of any and all other CSLB contractor licenses: (i) previously

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7. DIR Registration (one page).

Include a certification by the contractor to the effect that, to the extent required by applicable law and this RFQ/RFP, and as of the date the contractor has submitted its Proposal, the contractor is duly registered with the DIR and authorized to perform public work. Include, in an attachment to the Proposal, a screenshot taken of/from the DIR’s website that evidences the contractor’s DIR registration.

8. District Prequalification (one page).

Include a certification by the contractor to the effect that, at the time the contractor submitted its Proposal, the contractor has been prequalified by the District in accordance with Public Contract Code Section 20111.6.

9. Bonding Capacity (one page).

Include a letter from the contractor’s surety insurer that certifies the ability of the contractor to obtain from the surety both a performance bond and a payment bond, as described in the Construction Services Agreement, each in the full amount of the estimated construction cost of the Project as set forth in Exhibit A to this RFQ/RFP.

10. Insurance Coverage (one page).

Include: (i) a letter from the contractor’s insurer that certifies the ability of the contractor to obtain from the insurer all of the general liability, automotive (vehicle) liability, professional liability, worker compensation, and other insurance as described in, and with the coverage amounts specified in, the LLB Agreements; and (ii) a list of the insurance coverage/policies to which such certification applies.

11. LLB Qualifications and Experience (two pages).

Include a summary description of the contractor’s qualifications and experience performing preconstruction services and completing public projects for California public school districts on and after January 1, 2017, using the LLB construction delivery method. Without limiting the foregoing, the summary should include a description of: (i) any LLB construction services that the contractor has provided to or for the District; (ii) the contractor’s experience with respect to construction work occurring at public schools that continue to operate educational and other programs during the construction period; and (iii) experience of the contractor that is particularly relevant to the scope of the Project as described in Exhibit A hereto.

Include, in an attachment to the Proposal, a list of projects for which the contractor has provided such services to California public school districts on LLB projects since January 1, 2017, specifying for each project: (i) the name of the school district, (ii) the name of the project, (iii) the name and telephone number of the school district’s primary contact person for purposes of the project; (iv) the general scope and complexity of the work performed by the contractor; (v) the nature and scope of any significant changes to the scope of the work requested by the contractor, and the impact of approved changes on the price and timing of the project; (vi) the final, total dollar amounts of the contractor’s contract, specifying the amount for preconstruction services separately from the amount for construction and related services; (vii) the actual commencement and completion dates for the contractor’s portion of

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12. Customer Service (one page).

Describe the means, methods, and/or processes the contractor will implement to determine and fulfill the District’s requirements and expectations for the Project, including, among others, the contractor’s philosophy and approach regarding: (i) performance of preconstruction services, including, among other things, the contractor’s due diligence; (ii) keeping projects on time and within required budgets; and (iii) otherwise providing, outstanding customer service. Without limiting the foregoing, address the contractor’s advantages over its competitors in the public-project construction industry, and its strength and stability as an ongoing business concern.

13. Local Outreach (one page).

Describe the efforts the contractor will make to contract with contractors based within the District’s boundaries, or broader region within the County of Orange, for performance of portions of the work required to complete the Project, and describe the contractor’s success with such efforts for other California public school district projects.

14. Subcontractor Selection Process (one page). Detail any steps or alternatives in the process for selection of subcontractors that the contractor believes will enhance the subcontractor selection process described in the Preconstruction Services Agreement, resulting in: (i) reduced subcontracting costs; (ii) earlier Project completion; and/or (iii) other Project cost savings and/or efficiencies.

15. Skilled and Trained Workforce (one page).

Describe the contractor’s plan and methodology for compliance by the contractor and each subcontractor of every tier with the requirement of Education Code section 17407.5 for use of a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. Without limiting the foregoing, a contractor’s plan and methodology should: (i) describe the contractor’s past experience with contracts subject to the skilled and trained workforce requirements; (ii) specify the apprenticeable occupations for which compliance is most difficult and, for each, an explanation regarding why it is difficult; (iii) describe methods used in other cases to overcome such difficulties; and (iv) describe any failures by the contractor to comply with the requirements and the reasons for, and any consequences of, the failures to so comply.

16. Proposed Modifications to LLB Agreements (one page).

Specify each modification to the LLB Agreements proposed by the contractor, specifying in each case: (i) the particular provision at issue; (ii) the reason underlying the request for modification; (iii) a description of the proposed modification; and (iv) a description of the presumed effect of the proposed modification.

17. Preconstruction Services Fee (one page).

Provide a fee proposal for performance of the preconstruction services, which must be itemized, based on the major categories of services described in Exhibit B of the Preconstruction Services Agreement.

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18. GMP Methodology and Comparison Pricing (three pages).

Describe the precise methodology the contractor proposes for determining the GMP and the specific factors that will be considered and/or relevant in connection with such determination, which may include, but are not limited to: (i) scope of self-performed work; (ii) scope of subcontracted work;

(iii) costs of subcontracted work, including, without limitation, the contractor’s markup; (iv) direct labor and materials costs; (v) contractor fees, general conditions costs, and profit margins; (vi) insurance and bonding costs; (vii) contractor office and field overhead; (viii) types and respective amounts of contingencies and allowances (see LLB Agreements); (ix) identification of the reference manuals and software used for estimating purposes; (x) relevant experience of estimator; and (xi) accuracy of estimates for public projects previously completed by the contractor using the LLB construction delivery method. WITHOUT LIMITING THE FOREGOING, A CONTRACTOR’S METHODOLOGY SPECIFICALLY MUST INCLUDE THE CONTRACTOR’S STRATEGY FOR ORDERING MATERIALS AND EQUIPMENT IN ADVANCE, AND STORING SUCH MATERIALS AND EQUIPMENT, AS NECESSARY TO AVOID INCREASED COSTS DUE TO SUPPLY CHAIN INTERRUPTIONS OR OTHER CAUSES. So that the District may compare contractor pricing, each contractor must provide an exemplar GMP that specifies all fees (as applicable, stated as percentages or other metric) and other amounts that will be used to determine the GMP, based on the proposed methodology and assuming a total construction cost equal to the estimated construction cost specified in Exhibit A to this RFQ/RFP. THE DISTRICT WILL CONSIDER THE GMP METHODOLOGY PROPOSED BY A CONTRACTOR PURSUANT TO THIS SECTION TO BE CONFIDENTIAL AND PROPRIETARY INFORMATION THAT IS NOT SUBJECT TO DISCLOSURE. HOWEVER, THE EXEMPLAR GMP SHALL BE

SUBJECT TO PUBLIC DISCLOSURE AFTER SELECTION OF THE PROJECT CONTRACTOR.

19. Additional Information (two pages).

A contractor may, if desired, provide any additional information that the contractor believes is relevant or that the contractor could not otherwise fit within the number of pages permitted for the information to be provided pursuant to the foregoing portions of this Part E. The contractor should include information regarding whether it satisfies the preference for a staffed regional office as described in Section 6 of Part A of this RFP. Please note, however, that general marketing materials (i.e., information not specifically relevant to performances of services for or in connection with the Project) are neither necessary nor desired.

20. Certification Regarding Proposal (one page).

Include a written certification signed by an authorized representative of the contractor as follows: “The undersigned hereby certifies, subject to penalty for perjury in accordance with the laws of the State of California, that: (i) the contractor identified in this Proposal has duly authorized the undersigned to submit this Proposal on the contractor’s behalf; and (ii) the information set forth in this Proposal is all true and correct, and constitutes a complete, unequivocal, and not misleading response to the requirements of the Request for Qualifications and Proposals for Lease-Leaseback Preconstruction and Construction Services for the FACLON ACADEMY OF SCIENCE AND TECHNOLOGY Multipurpose Building and Kitchen Project.” The name and title of the person signing the certification must be legibly set forth below the person’s signature.

PART F: EVALUATION OF PROPOSALS

1. Evaluation Process.

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Prior to actually scoring any Proposal, the District may reject Proposals that: (i) are conditional, incomplete, include irregularities or inconsistencies, or that in any manner do not satisfy or conform with the requirements of this RFQ/RFP; or (ii) as determined by the District, are in any way or to any extent misleading, regardless of whether intentionally, negligently, or otherwise.

The District, in its sole discretion, may designate one or more people to evaluate and score the Proposals on behalf of the District, which may include, but is not limited to, District employees, independent consultants, and/or others with relevant qualifications and/or experience.

The District may determine that it is necessary to schedule interviews with any one or more of the responding contractors, contact and confer with representatives of other entities for which the contractor has provided services, or to otherwise seek confirmation of information set forth in any one or more of the Proposals, and any information gained through such processes shall be used to assist in evaluating information set forth in the Proposals. Otherwise, the District will evaluate and score each Proposal based solely on the information included in that Proposal.

Each person evaluating Proposals on behalf of the District will independently score each Proposal, using the evaluation criteria set forth in Section 2 of this Part F. If a Proposal does not satisfy one or more of the strict pass/fail criteria, the District will reject and not further score the Proposal. Each evaluation category (other than pass-fail criteria) will be awarded a score from zero to a specified maximum number of points. The final score in each evaluation category awarded to a contractor will be the average of the scores determined by the individuals who are evaluating Proposals on behalf of the District. Upon completing the evaluation of all Proposals, the District will rank Proposals from highest best value to lowest best value. There is no required minimum score; however, the District reserves the right to reject all Proposals.

2. Evaluation Criteria.

The District will evaluate and score each Proposal based on the following criteria/categories:

(i) Proposal Content and Formatting (pass/fail): To facilitate consistent and efficient review and evaluation by the District, each Proposal must substantially comply with the content and formatting requirements set forth in this RFQ/RFP. The District will reject and not further score any Proposals that do not so comply.

(ii) Contractor License (pass/fail): A contractor that submits a Proposal must have a current Class B contractor license issued by the CSLB. The Proposals of contractors that do not have the required contractor license will be rejected and not further scored.

(iii) DIR Registration (pass/fail): A contractor that submits a Proposal must at such time already have been registered with the DIR. The Responses of contractors that do not satisfy such DIR registration requirements will be rejected and not further scored.

(iv) District Prequalification (pass/fail): A contractor that submits a Proposal, and each of any MEP

Subs designated in a contractor’s Proposal, must at such time already have been prequalified in accordance with the District Prequalification requirements. The Responses of contractors that do not satisfy such requirements will be rejected and not further scored.

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(v) Bonding Capacity (pass/fail): A contractor that submits a Proposal must have the ability to obtain both a performance bond and a payment bond in the amounts specified by this RFQ/RFP, as confirmed by the contractor’s surety insurer. The Proposals of contractors that do not satisfy such bonding capacity requirements will be rejected and not further scored.

(vi) Insurance Coverage (pass/fail): A contractor that submits a Proposal must have the ability to obtain from its insurer all of the insurance coverage as specified by this RFQ/RFP, as confirmed by the contractor’s insurer. The Proposals of contractors that do not satisfy such insurance requirements will be rejected and not further scored.

(vii) LLB Qualifications and Experience (maximum 75 points): The score awarded for this category may range from zero to 75 points, depending on the District’s assessments of the contractors’ qualifications and experience specifically relating to use of the LLB construction delivery method. The District will award relatively higher scores to contractors that have relevant experience constructing public work/public projects using the LLB construction delivery method.

(viii) Preconstruction Services (maximum 75 points): The score awarded for this category may range from zero to 75 points, depending on the District’s assessments of the contractors’ expertise and experience specifically with respect to working in conjunction and in cooperation with design professionals to provide preconstruction services, including, among others, constructability review, value engineering, estimating, and phasing and scheduling of work. The District will award relatively higher scores to contractors that have provided preconstruction services relevant to what is needed for the Project.

(ix) Customer Service (maximum 50 points): The score awarded for this category may range from zero to 50 points, depending on the District’s assessments of the contractors’ methodologies and philosophies with respect to performing the services described in this RFQ/RFP while providing excellent customer service. The District will award relatively higher scores to contractors demonstrating that their methodologies and philosophies will result in the District receiving excellent customer service.

(x) Local Outreach (maximum 25 points): The score awarded for this category may range from zero to 25 points, depending on the District’s assessments of the contractors’ abilities to use local subcontractors to perform portions of the work needed to complete the Project.

(xi) Skilled and Trained Workforce (maximum 25 points): The score awarded for this category may range from zero to 25 points, depending on the District’s assessments of the contractors’ experience and plans/methodologies for complying with requirements for use of a skilled and trained workforce.

(xii) Subcontractor Selection (maximum 25 points): The score awarded for this category may range from zero to 25 points, depending on the District’s assessment of the contractor’s suggestions for enhancing the subcontractor selection process.