Lakewood CM RFP.pdf

LAKEWOOD PUBLIC SCHOOLS

CONSTRUCTION MANAGEMENT SERVICES

REQUEST FOR PROPOSALS (“RFP”)

January 8, 2024

A. Instructions

REQUEST FOR PROPOSAL FOR

PART 1 -- GENERAL INSTRUCTIONS

Qualified firms are invited to submit proposals to Lakewood Public Schools (the “District”) for Construction Management Services for a proposed project which may include: (1) Pre-Design Phase Services, (2) Design Phase Services, (3) Construction Phase Services, (4) Post-Construction Phase Services, and (5) other potential components to be determined (collectively the “Project”). The successful firm is also expected to provide the District assistance in developing the full scope of the District’s construction program and Project.

The scope of the Project is not yet fully determined. Proposing firms are expected to evaluate the District’s facilities immediately and assist in developing the Project program and pre-bond planning.

However, Attachment “D” provides a brief description of what the District envisions for the Project at this time. The District expects to pay for the Project through voted bonds that will be placed on the ballot at a future election.

The District expects that it will use a Construction Manager-At-Risk/Constructor for this Project.

The District reserves the right, however, to modify the form of delivery method prior to the execution of an agreement between the selected architect and District based on the proposals submitted. Unless the District modifies the project delivery method, the form of agreement between the selected bidder and the District will be as set forth in Attachment “A,” hereto (the “Agreement”), which is premised on AIA Document A133 – 2019 Edition and AIA Document A201 – 2017 Edition. For the purpose of this RFP, the terms “proposal” and “bid” shall be treated as one and the same.

The District reserves the right to reject any or all proposals and to make any award that it considers to be in the best interest of the District.

B. Proposal Submission

To be considered by the District, ten (10) copies of the complete proposal must be received no later than January 31, 2024 at 4:00 p.m. Proposals should be addressed to:

Jammie Sprank Director of Finance Lakewood Public Schools 223 W. Broadway Street Woodland, MI 48897

The lower left corner of the submittal envelope should be marked: PROPOSAL FOR

CONSTRUCTION MANAGEMENT SERVICES.

Submitted proposals become the property of the District and will not be returned.

C. Late Proposals

Any proposal received by the District after the time specified above may not be considered, in the District’s discretion. The party submitting a proposal shall bear full and total responsibility for ensuring timely receipt of that proposal.

D. Withdrawal of Proposals

Proposals may be withdrawn by written notice received at any time prior to the submission deadline.

Proposals may be withdrawn in person, provided that the firm’s representative signs a receipt for the proposal prior to the submission deadline.

E. Questions Concerning this RFP

Inquiries may be made to Nick Chase at the address above, via telephone at (269) 838-2302, or via email at nickchase@lakewoodps.org. Information about the District is available during business hours (7:30 a.m. – 4:00 p.m.).

F. Economy of Preparation

Proposals should be prepared simply, providing a concise description of the firm’s ability to meet the requirements of this RFP. Please limit your proposal to the information requested in Part 3 - Proposal Details and Part 4 – Proposal Summary.

G. Proposal Signature

The section entitled, Part 4 - Proposal Summary, should be signed by the person responsible for the decision as to services and costs being offered. In the case of a joint proposal, each party should certify as to services and costs being offered by its own firm in connection with this proposal.

H. Prime Responsibilities

The firm selected will be required to assume responsibility for all services described in this RFP and in the proposal, regardless of who actually provides such services and whether the selected firm utilizes separate consultants. The selected firm shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The firm shall provide at least all services traditionally provided by a construction manager-at risk on school construction projects in Michigan and compliance with other applicable laws. In the event of a joint proposal, such firm shall be jointly and severally responsible for all services offered in the proposal, regardless of who produces them.

I. Proposal Preparation Costs

All costs incurred for proposal preparation presentation, or contract negotiation are the responsibility of the firm. The District shall not be responsible for, and will not pay, the cost for any information solicited or received.

J. Acceptance of Proposal Contents

The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by the District. Failure of the successful firm to abide by such obligations without the express consent of the District’s Board of Education will result in cancellation of the award.

K. Proposed Project Schedule

The District expects work on the Project to commence as soon as practical after the Agreement is finalized. The District and all bidders recognize that this schedule may be modified once the Architect and Construction Manager are selected and the Architect and the Construction Manager firms have reviewed the Project requirements. Notwithstanding the foregoing, a review of the District’s facilities is time critical and may be expedited.

L. Collusive Bidding and Relationship Disclosure.

The Proposer certifies that their Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached hereto as Attachment “B.”

The Proposer shall submit an Iran Economic Sanctions Act Certification in substantially the form attached hereto as Attachment “C.”

M. Scope of Services

It is assumed that any proposal submitted will include, but shall not necessarily be limited to, the performance of all of the activities and services identified in this section and as set forth in the form of Agreement attached as Attachment “A.” The District will consider alternate proposals; however, the proposals must clearly indicate any activities that have been deleted and/or added from the requested scope of services.

1. Pre-Design Phase Services

a. Conducting a full facilities review with the District and potentially the

Architect.

b. Work with Architect to develop cost estimates.

c. Assist District in planning, developing concepts, and facilities assessment.

2. Design Phase Services

a. Consult with District and its Architect to provide value engineering and construction advice regarding materials, methods, systems, and other conditions as they affect the project(s).

b. Review design drawings and documents, prepare a budget of estimated construction costs and continuously update the budget.

c. Conduct and/or coordinate all testing and/or surveys required for the project(s).

d. Prepare a construction schedule including recommendations for appropriate bidding categories and phases, as well as contract coordination and sequencing.

e. Prepare an occupancy schedule to be implemented upon completion of construction.

f. Prepare a projected cash flow schedule for all aspects of the project.

g. Assist with public meetings.

h. Develop suggested adjustments of materials, systems and other factors, which affect costs and schedule.

i. Provide cost review and constructability analysis of design detailing, recommending alternative solutions whenever details affect construction feasibility, cost or schedules.

3. Bidding Phase Services

a. Locate, screen, and recommend bidders for District approval.

b. Develop proposal forms and write work scope descriptions for each separate bidding category.

c. Distribute construction documents to bidders.

d. Conduct pre-bid conferences with all contractors for each division of work.

e. Assist in evaluating proposals.

f. Conduct post-bid interviews with apparent low bidders.

g. Make award recommendations to District.

h. Prepare all trade subcontracts and associated documents, taking into account project specific issues including but not limited to dispute resolution and insurance matters.

i. Provide a copy of insurance certificates for the coverage required by the project.

j. Receive and review construction bonds: performance and payment, where applicable.

k. Secure building permits and other governmental agency approvals and advise the District of the same.

l. Coordinate bid process and provide responses to bidder RFI’s or distribute to A/E or Owner for response as appropriate.

m. Conduct bidding operation to meet all state, federal, and local legal requirements and in compliance with Board policies.

n. Develop summary of bids and bid recommendations to the Owner for approval.

o. Confirm compliance of all materials and identify proposed deviations.

4. Construction Phase Services

a. Continually update detailed construction and occupancy schedules.

b. Act as the prime contractor responsible to the District for the full performance and construction of the Project in accordance with the drawings and specifications.

c. Provide performance and payment bonds covering the entire Project’s cost of the work.

d. Provide full-time, on-site staff to plan, manage, and coordinate subcontractors’ activities, including work quality and safety programs.

e. Coordinate and monitor safety programs implemented by contractors.

f. Monitor the schedule on a daily basis and ensure timely adherence to the schedule. While the Construction Manager will be responsible to the Owner to maintain the schedule, the Construction Manager is expected to take appropriate action with subcontractors necessary to maintain scheduled performance.

g. Conduct progress meetings and provide progress reports, including periodic updates, as reasonably directed by the District of any activities which may affect operations.

h. Conduct project meetings for planning, coordination, and payments.

i. Periodic meetings with trade contractors’ foremen as necessary for the project and/or as reasonably directed by the District.

ii. Monthly meetings with District administrators and representatives of the Architect which will include status reports on the project, budget, change orders, and allowances for reimbursable expenses.

iii. Provide copies of meeting minutes for distribution to appropriate staff and Board members.

g. Monitor trade contractor performance and contract compliance.

h. Coordinate construction interfaces, methods, techniques and sequences.

i. Evaluate change order requests, receive District and Architect approvals, and coordinate and monitor implementation of change orders.

j. Review shop drawings for compliance with contract documents.

k. Expedite the shop drawing review process with the Architect.

l. Collect, assemble and provide to the District as-built drawings and records, operating the maintenance manuals, warranties, guarantees, and project directories.

m. Prepare and administer payment and cost control procedures, including the following:

i. Trade contractors’ Schedule of Values.

ii. Trade contractors’ Payment Application and Certification’

iii. Trade contractors’ Sworn Statements and Waivers of Lien, if applicable.

iv. Purchase Order and Disbursement Summaries.

v. Change Order Listings.

vi. Budget Cost Summary Reports.

n. Expedite District-ordered materials and loose equipment delivery.

o. Administer all general condition and construction support activities on behalf of the District.

p. Coordinate completion of punch lists, final inspections, District acceptance and occupancy.

q. Develop and secure all trade contracts.

r. Process all subcontract submittals and monitor approvals for timely delivery of specified materials

s. Process all subcontractor RFI’s

t. Provide administration of all subcontracts for construction, furnishing and equipment with Architect’s assistance.

5. Post-Construction Phase Services

a. Assist in facilitating/requiring training sessions for appropriate employees regarding the operation and maintenance of technical equipment.

b. Provide follow-up and call-back services for the duration of the longest warranty period covered by a contractor on the Project.

c. Conduct a post-occupancy walk-through appropriately timed to address Project issues prior to expiration of applicable warranties.

d. When requested, advise and assist the District with special and/or additional services beyond the scope of basic services.

e. Assist the Architect with establishing the dates of Substantial Completion.

Issue and collect final closeout paperwork.

N. Insurance Coverage

Prior to beginning work, the selected firm will be required to provide a copy of insurance certificates for general and professional liability coverages. Any consultants of the Construction Manager shall provide insurance coverages at least equal to that provided by the Construction Manager, and those consultants shall provide insurance certificates for general and professional liability coverages.

O. Payment of Fees

Professional fees and reimbursable expenses shall be itemized on the same invoice so that the District issues no more than one monthly check to the construction management firm. The specific days of the month on which invoices are to be received and checks released, as well as the payment schedule, will be determined when the contract is finalized with the selected firm. The District will make payments to the Construction Manager as determined during negotiations for a final Agreement with the selected firm. No payment for any professional services and/or expenses will be made before the District receives bond proceeds from a future bond issue. If the bonds are not issued, the District shall not be responsible for payment of fees and reimbursable expenses, and the District may terminate the Agreement. When the District receives bond proceeds from a future bond issue, the District shall be responsible for payment of the agreed upon fees and/or reimbursable expenses incurred by the Construction Manager, which shall be described in the Agreement.

P. Architect

The District’s Architect for the project shall be determined on roughly the same schedule as CM selection. The District reserves the right to utilize the services of any other architects/engineers/consultants of its selection.

PART 2 -- PROPOSAL REVIEW AND SELECTION PROCESS

A. Time Frame for CM Selection

It is the intent of the District to select a CM according to the following schedule:

January 8, 2024 RFP is released.

January 22, 2024 Optional Pre-proposal review meeting with Owner at 11:30 a.m.

January 31, 2024 Proposals are due.

February 1 through February 9, 2024 Optional Bidder interviews with Selection Committee.

February 12, 2024 Board of Education selects a Construction Manager and authorizes the

Superintendent to finalize Agreement.

February 13, 2024 Construction Manager begins work.

The District reserves the right to adjust the above schedule and/or to add/remove steps as it deems necessary or desirable in its sole discretion, with or without notice to bidders or potential bidders.

B. Review and Selection Process

The District reserves the right to reject any or all proposals that are determined not to be in the best interest of the District. The District will not necessarily select the lowest cost proposal.

C. Construction Manager Interviews

It is expected that the District may invite firms to participate in interviews with the Board of Education (and/or, if applicable, any Selection Committee) and to answer any questions that may exist about their proposal.

D. Evaluation Criteria

The District will evaluate proposals considering all of the information provided in response to this Request for Proposal, including but not necessarily limited to the following:

Adherence to RFP: To merit evaluation, submittals must conform, in both content and presentation, to the parameters established in this request.

Relevant Experience: Relevant experience of the firm with construction and renovation of K- 12 public school facilities, particularly those of comparable size and complexity.

Qualifications: Qualifications and experience of the key staff to be assigned to these projects.

Timeliness: Ability of the firm to complete work tasks specified in this RFP in a timely fashion.

Responsiveness: The ability to meet quickly with District officials, contractors, etc. when necessary.

Team Compatibility: The ability of the firm to work with students, District employees, parents, community members, architectural firms, contractors, and governmental officials based on references and interviews.

Fee Proposal: The total fees for construction management services, including professional fees, allowances for reimbursable expenses (including on-site personnel costs), and allowances for general conditions items.

E. Awarding of the Contract

All proposals received shall be subject to evaluation by District Administration and the Board of Education for the purpose of recommending a firm or firms with whom a contract will be executed. It is anticipated that the Board of Education will authorize a District administrator to finalize contract terms with the selected firm, which terms will be subject to the final approval of the Board of Education.

The form of Agreement shall be based on the modified versions of AIA Document A133 – 2019 Edition and AIA Document A201 – 2017 Edition, attached hereto as Attachment “A.” The bidder shall be deemed to agree with the attached document in its entirety, except and to the extent the bidder specifically objects in writing to any provision therein and attaches the objection(s) as a separate document to its response to this RFP, along with a proposed alternative.

Notwithstanding anything herein to the contrary, the District shall have the ability, in its sole discretion, to negotiate any term of the Agreement. The award of a contract shall be contingent upon the successful negotiation of same. Without limiting the breadth of the foregoing, it is expressly acknowledged and agreed that the District has the right to require negotiation of an Owner/Construction Manager Agreement utilizing an “advisor” construction manager.

PART 3 – PROPOSAL DETAILS

NAME OF FIRM: YEAR ESTABLISHED:

ADDRESS:

(Street) (City/State) (Zip Code)

TELEPHONE NUMBER: FAX NUMBER:

(Area Code) (Area Code)

A. BUSINESS ORGANIZATION

1. Individual Partnership Corporation Other

2. Years firm has provided CM Services:

3. List Principals and Officers of the Firm:

4. List the number of in-house personnel in your organization:

Administrative Registered Professional Estimators Cost Control Engineers Project Manager On-Site Superintendents Accounting/Finance Purchasing/Expediters CPM Schedulers Value Engineer Clerical Others

DO NOT INCLUDE any firms acting as consultants.

5. Provide a brief history of your firm.

6. Enclose a copy of the firm’s most recent financial statement.

7. PERSONNEL:

Provide an organization chart, including resumes of all key personnel your firm will commit to this project(s) if awarded the contract. For each on-site superintendent you identify to be assigned to our project, please provide the name and phone number of at least two school superintendents, two business managers, and two building principals with whom the field superintendent has worked on a school building project.

8. List professional consultants outside your firm you propose using to provide services not available to your firm.

Location Number of Times Firm Name City/State Specialty Affiliated With You

1.

2.

3.

4.

9. What is you firm’s present workload?

Number of Projects $ Value

Projects in pre-construction phase Projects in construction phase

Please provide a list of all school construction projects and non-school construction projects currently being handled by your firm, including an indication of percentage of completion for each project listed.

10. Explain your insurance coverage:

a. Total amount of protection provided.

b. Coverage categories maintained.

c. Amount of deductible, if any.

d. Firm name, address, phone #, and contact person of Insurance Company.

e. Are the costs of this coverage included in your Fee Proposal? If not, what is the additional cost?

11. Have you had litigation, arbitration, mediation or some other form of claims filed against your company by an educational client? If yes, explain the action in detail.

12. Have you had litigation, arbitration, mediation or some other form of claims settled between your company and an educational client? If yes, explain the action in detail.

13. Have you had litigation, arbitration or some other form of claims filed against or settled with your company by any client outside of the educational market or have you filed the same against any other such client? If yes, explain the action in detail.

B. APPROACH TO CONSTRUCTION MANAGEMENT SERVICES:

1. Some construction work may occur while school is in session. Describe how your firm will: (a) ensure the safety of students, staff, visitors, and contractors; (b) minimize any interruptions to day-to-day District operations; and (c) meet scheduled occupancy dates.

2. What are some of the exceptional educational features of school buildings for which your firm has served as CM?

3. Explain your firm’s educational technology expertise.

4. Please explain your firm’s philosophy regarding the use and issuance of change orders. Further, please list the steps in your standard change order procedure, your criteria used to determine whether Additional Service Fees will be charged, and your fee schedule (if any) for change orders.

5. Describe your firm’s method of budget/cost control, cost estimation methods, value engineering analysis, quality control, safety coordination and monitoring, and time schedule adherence.

6. Describe how your firm stays up-to-date on educational construction code and regulatory requirements?

7. Describe the bid packaging methods utilized by your firm to permit smaller and local contracting firms to meaningfully participate in the construction bid process.

8. Describe your firm’s method of communication with our building principals, district office administrators, and Board of Education for our project.

9. Describe your philosophy regarding the establishment, use and purpose of a contingency fund.

10. Identify all categories of anticipated reimbursable expenses and General Conditions items you would expect to charge to the District, as well as any multiplier that you would propose applying to such costs.

11. Please identify the methods used by your firm to facilitate the punchlist and close-out process of the project, including the steps taken to secure full performance of contractors during that process and the way in which your firm determines a project to be fully completed.

12. Add any additional information about your CM approach as envisioned for this project.

13. List the three (3) most recently completed school building projects for which your firm has acted as Construction Manager.

a. Project Name:

School District:

Contact:

Phone Number:

Brief Description:

b. Project Name:

Contact:

c. Project Name:

Contact:

14. Provide the three (3) most recent Architectural Firms your firm has worked with on school buildings projects:

a. Firm Name:

Contact Person:

Project:

Project Completion Date:

b. Firm Name:

Phone Number:

c. Firm Name:

Phone Number:

C. ANTICIPATED PROJECT SCHEDULE

The District desires the selected firm to review the District’s existing facilities and assist the District in preparing a Project scope immediately after selection. If the bonds financing the project are qualified through the Michigan School Bond Qualification and Loan Program, the Construction Manager must assist in preparing an Application for Preliminary Qualification of Bonds. Thereafter, the District, the Construction Manager, and the Architect will collaborate on creating a detailed Project schedule upon a successful bond vote. Please identify any concerns or reservations your firm may have with these general parameters and describe any negative impacts on the Project foreseen as a result of such parameters. The District anticipates working with the selected Construction Manager after bidding to consider Project Schedule adjustments necessary to maximize bidding opportunities.

PART 4 – PROPOSAL SUMMARY

The preliminary scope of work is set forth in Attachments A and D. The total cost is to include professional fees, allowances for reimbursable expenses, the cost of on-site supervisors and other personnel, and allowances for general conditions items. If you believe any other information or clarification may be helpful to the District in determining your cost for services (such as, but not limited to, a further breakdown of costs per cost or work category), please include that information in your proposal.

It is not a requirement for you to complete all of the line items in the table. However, all of the line items listed on the table must be included in your projected total cost, and costs for each category (e.g., Design Phase, Bidding Phase, Construction Phase) must be completed.

The purpose for the table is to avoid any surprises for the District and/or your firm regarding additional expenses, reimbursable expenses, and general conditions expenses, as well as associated costs. If we have failed to include a category in the table that you deem pertinent, please note that in your proposal.

Bidders are encouraged to state fixed percentages for the following phases: (1) “All Phases,” (2) “Pre- Election/Programming Phase,” (3) “Design Phase,” (4) “Bidding Phase Services,” (5) “Construction Phase Services,” and (6) “Post-Construction Services.”

The District understands the difficulty in submitting a cost proposal for an undefined Project scope, so if you believe any other information or clarification may be helpful to the District in determining your cost for services (such as, but not limited to, a further breakdown of costs per cost or work category), please include that information in your proposal.

Item

Professional Fee

Allowances for Reimbursables

Allowances for General Conditions

All Phases

Main Office Personnel and Expenses

Accounting and Payroll

Overhead and Profit

Transportation Expenses of Main Office Staff

Out of Town Trips with Prior Approval of Owner

Postage/UPS

Telephone and Fax Expenses

Duplication Expenses

Writing Purchase Orders

Pre-Election/Programing Phase Services

Facilities review and assessment; assist in developing Project scope and schedule

Assistance at District meetings, Treasury meetings, bond application, etc.

Assist with bond information campaign

Design Phase Services

Program and Plan Review with District and A/E

Value Engineering

Estimate Preparation

Budgeting

Testing and Survey Services

Scheduling – Cash Flow, Construction , and Occupancy

Bidding Phase Services $

Develop Bid Proposals

Bid Solicitation

Trade Contractor Bid Analysis

Awarding Contracts

Preparing and Issuing Contracts and Related Documents

Umbrella Liability Insurance for Project(s)

Building Permit - Application and Approval

Building Permit - Cost

Construction Phase Services $

On-Site Superintendent(s)

Additional On-Site Personnel

Labor Relations

Meetings with ISD Staff

Trade Contractor Meetings

Change Order Administration

Shop Drawing Preparation

Reproduction of Drawings

Payment Applications and Approvals

Field Office and Its Furnishings

Utilities Related to Field Office

Transportation Expenses of Field Staff

On-Site Vehicle

Rental Equipment

Safety and Fire Protection

Security

Temporary Electrical Power Installation

Temporary Enclosures

Temporary Heat

Temporary Roads

Temporary Storage Facilities

Temporary Toilets

Temporary Water

Traffic Control

Building Clean-Up/Trash Removal

Snow Removal

Site Clean-Up

Post-Construction Services $

12-Month Follow-Up

Review of work before each applicable warranty expires

SUBTOTAL

PROJECTED TOTAL CONTRACT COST:

This proposal has been prepared to provide the District with all the information requested in Part 3, Proposal Details, of the RFP regarding Construction Management Services. The undersigned certifies that the proposal contained herein meets or exceeds the scope of services as outlined in this RFP, and that any items that have been deleted from and/or added to the requested scope of services (including, but not limited to, the proposed contract language) are clearly noted as follows:

Signed this day of , 2024.

Firm Name:

Address:

Phone Number: Fax Number:

If a corporation, indicated State of incorporation and affix seal.

Attest:

By:

Signature/Title

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

User Notes: (1767205721)

ATTACHMENT "A"

AIA Document A133TM – 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price

AGREEMENT made as of the « » day of « » in the year « 2024» (In words, indicate day, month, and year.)

BETWEEN the Owner:

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

for the following Project:

(Name, location, and detailed description)

ADDITIONS AND DELETIONS:

The author of this document has added 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 is available from the author and should be reviewed.

This document has important legal consequences.

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

AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

The Architect:

The Owner and Construction Manager agree as follows.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

« 2022 Bond Project.

Various improvements to the Owner’s facilities in accordance with the relevant application for preliminary qualification of bonds, the approved plans and specifications, the Owner’s fixed budget, and as otherwise approved by the Owner.

« Lakewood Public Schools » « » « 223 West Broadway Street » « Woodland, Michigan 48897 »

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

« To be determined by the Owner after advice and recommendations from the Construction Manager and any other consultant, individual or entity deemed appropriate by the Owner, in accordance with the relevant application for preliminary qualification of bonds. »

« To be determined by the Owner after advice and recommendations from the Construction Manager and any other consultant, individual or entity deemed appropriate by the Owner, in accordance with the relevant application for preliminary qualification of bonds »

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 GENERAL PROVISIONS

3 CONSTRUCTION MANAGER’S RESPONSIBILITIES

4 OWNER’S RESPONSIBILITIES

5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

7 COST OF THE WORK FOR CONSTRUCTION PHASE

8 DISCOUNTS, REBATES, AND REFUNDS

9 SUBCONTRACTS AND OTHER AGREEMENTS

10 ACCOUNTING RECORDS

11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

12 DISPUTE RESOLUTION

13 TERMINATION OR SUSPENSION

14 MISCELLANEOUS PROVISIONS

15 SCOPE OF THE AGREEMENT

EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT

EXHIBIT B INSURANCE AND BONDS

ARTICLE 1 INITIAL INFORMATION

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

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

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

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

§ 1.1.2 The Project’s physical characteristics:

(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.)

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

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

« A fixed sum established by the Owner, in accordance with the relevant application for preliminary qualification of bonds »

« Steven Skalka, Superintendent » « Lakeview Public Schools » « 223 West Broadway Street » « Woodland, Michigan 48897» « Telephone: (616) 374-8043 » « The Owner may change the representative and the representative’s authority in its sole discretion. The Owner will notify the Construction Manager of any such changes.

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

§ 1.1.4 The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

« To be determined »

.2 Construction commencement date:

.3 Substantial Completion date or dates, if not established in this Agreement under Section 3.3.1.3:

.4 Other milestone dates:

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

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

§ 1.1.6 The Owner’s anticipated Sustainable Objective for the Project:

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

« 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:

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

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

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

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

§ 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:

(List name, address and other contact information.)

« State of Michigan, any others deemed advisable by the Owner’s board of education, and any others required by law. »

§ 1.1.10 The Owner shall retain the following consultants and contractors:

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

.1 Geotechnical Engineer:

« To be determined, if any »« »

.2 Civil Engineer:

« To be determined, if any »« »

.3 Other, if any:

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

« To be determined if any »

§ 1.1.11 The Architect’s representative:

§ 1.1.12 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:

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

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

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

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

«N/A »

§ 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 may mutually agree in writing to adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation, as applicable. 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.

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

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, bid requirements, accepted portions of bid responses, 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.

§ 2.2 Relationship of the Parties 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, and for the benefit of, the Owner’s interests. The Using reasonable efforts, 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.

§ 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, as modified, shall apply as follows:including with respect to 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, as modified by the Owner, which document is incorporated herein by reference. The term “Contractor” as used in A201– 2017 shall mean the Construction Manager. If anything is inconsistent between this Agreement and AIA Document A201-2017, this Agreement shall govern. Otherwise, both shall govern.

ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES

The Construction Manager shall perform the services described in this Agreement and other Contract Documents with competence and the highest standard of care, using the skill and diligence consistent with honesty, integrity, candor and the interests of the Owner (not the interests of the subcontractors) without conflict. The Construction Manager shall

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

assign staff to the Project in accordance with their qualifications, competency, and commensurate with the services to be provided.

The Construction Manager’s Preconstruction Phase responsibilities are primarily 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 primarily 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.

All services of the Construction Manager, described in this Agreement or the other Contract Documents, shall be deemed Basic Services, unless and to the extent expressly identified as an Additional Service.

§ 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility 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, in writing, any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require.

§ 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.

§ 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work.

§ 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 may 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.

§ 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update monthly, or at such other intervals as the Owner and Construction Manager may agree in writing, 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. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and Architect.

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING:

This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:39 ET on 03/04/2020 under Order No.4069084663 which expires on 02/13/2021, and is not for resale.

§ 3.1.5 Phased Construction 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, acknowledging the limits imposed by Michigan law. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues.

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

§ 3.1.6.2 As the Architect progresses with the preparation of the Schematic De Construction Documents, the Construction Manager shall prepare and update, , truction Manager t f the Work or the s…