RFP-2425-528 Forest Hills Construction Management At Risk Services (8-12-24)_MHB Comments (1).pdf

REQUEST FOR PROPOSALS RFP-2425-528

Construction Management at Risk (CMAR) Services for Danville Public Schools

Part I: Proposal Information

Danville Public Schools (DPS) is seeking a request for qualification for services of a Construction Management at Risk, (CMAR) firm to provide Pre-Construction and Construction Services for the renovations and additions to Forest Hills Elementary School. Summary and a specific scope of services is included in Part II.

Construction Management firms responding to this Request for Proposal (RFP) must submit their responses as specified herein.

Proposals are due no later than 2:00 PM on October 22, 2024.

All proposals should be submitted and delivered to:

Chief Operations Officer

RFP-2425-528

Danville Public Schools 341 Main St, Suite 100

Danville, Virginia 24541

Submissions shall be enclosed in a sealed envelope and include eight (8) hard copies of the proposal and one (1) electronic copy on a USB flash drive. All submittals shall be clearly marked with Proposer’s name and labeled “Public Schools-RFP-2425-528 Construction Management at Risk Services for Danville Public Schools.”

Submissions received after the deadline whether by mail or otherwise will not be accepted or reviewed. DPS reserves the right to cancel this RFP, to reject all proposals, and to waive any informalities in any proposals.

The firm submitting a proposal may be referred to herein as a “Proposer,” and “Offeror,” or the “Contractor.”

All work performed under this RFP shall be completed with minimal interruptions to school operations.

GENERAL

All submissions must conform to the requirements and conditions contained herein and attached hereto. The Chief Operations Officer, in the form of a written addendum, will issue any changes or clarifications to this RFP.

PRE-PROPOSAL CONFERENCE

There will be a pre-proposal conference located at 155 Mountain View Ave at 10 am on

September 20, 2024

QUESTIONS

Direct all questions regarding this RFP, no later than 5PM EDT on October 7, 2024, to:

Mr. Yancey Powers, WM2A (yanceypowers@wm2a.com)

Michael Burriss, MBP (mburriss@mbpce.com) and

Mr. Walter Lucas, Director of Capital Improvement, by email (wlucas@mail.dps.k12.va.us)

REGISTRATION AND LICENSURE

A. Business License: The City of Danville requires all contractors to obtain a business license to operate within the city. This license is issued by the Commissioner of Revenue and must be maintained for the life of the contract or project.

B. Proposers submitting a proposal must be properly licensed to perform the construction management services required under this RFP in the Commonwealth of Virginia at the time of the proposal submission.

SUBCONTRACTING

The contractor may subcontract services to be performed with the prior approval of Danville Public Schools, which will not be unreasonably denied, conditioned or delayed.

Such approval will not be considered as making Danville Public Schools a part of such contract, nor shall it subject Danville Public Schools to liability of any kind from any subcontractor. Danville Public Schools will deal solely with the contractor.

SPECIAL CONDITIONS

Danville Public Schools is a No Smoking facility. Smoking, Vaping or use of any Tobacco products are NOT allowed in or on the building, on school grounds or in vehicles located on school grounds. Failure to abide by this rule will be grounds for removal of the guilty party or cancellation of contract.

Prior to awarding a contract for the provision of services that require the Proposer to be in the presence of students during regular school hours or during school-sponsored activities, the School Board will require the proposer, and when relevant, any employee who will have direct contact with students, to provide certification:

• That he or she has not been convicted within the last seven (7) years of a felony mailto:yanceypowers@wm2a.com mailto:mburriss@mbpce.com mailto:wlucas@mail.dps.k12.va.us and,

• That he or she has never been convicted of any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and

• Whether he or she has been convicted of a crime of moral turpitude.

Legal Refs. Code of Virginia, 1950, as amended, Sections 2.2-4300 et seq., 22.1-296.

SUMMARY

It is the responsibility of the Proposer to submit a proposal that best meets the requirements outlined in this Request for Qualifications. This RFQ contains the following items:

Appendix:

A. Construction Schedules and Reports B. Division of Project Cost Elements C. Dispute Resolution D. Prequalification Policies

PROJECT DESCRIPTION

Danville Public Schools (DPS) District desires to engage the services of a Construction Management at Risk (CMAR) firm to provide Pre-Construction and Construction Services at the following locations:

Forest Hills Elementary School: This school was constructed in 1938 on 3.5 acres with an auditorium addition in 1940. Since being constructed, the only upgraded has been a chilled water HVAC system and new replacement windows. This project includes improvements to accommodate extensive campus wide renovations and approximately 30,000 sf of additions with upgrades to infrastructure, security and technology. To increase the student population from 250 to 500 students.

Project design team:

WM2A Architects MBP, Owner’s Representative, Program Manager

SUBMITTAL REQUIREMENTS

The proposal should be submitted in a bound format with section dividers corresponding to the sections that follow. Respondents are instructed to adhere to this format and to provide one (1) marked original proposal and seven (7) copies.

Provide the following information about your firm:

o Name of firm.

o Address of main office and any branch offices.

o Telephone number, email addresses and fax number for each office.

o Name and title of contact person.

o Names of officers in firm and an organizational chart.

Provide the following information:

An overview of your firm’s financial status including bond rating.

o Certificates of Professional Liability Insurance.

o If your firm is selected for an interview, you will be required to provide a financial statement from your CPA, attesting to your financial solvency.

Please provide a brief overview of your firm including the number of years the firm has provided construction management services. Specifically identify the numbers of years your firm has provided services on K-12 school construction in Virginia and North Carolina.

Describe the method your firm will use to substantiate and document any savings achieved by your participation.

Provide a listing of K-12 school construction projects managed by your firm as CMAR completed within the past ten (10) years with a construction value of at least ten ($10) million dollars. Provide the following information for each project:

o Name of project.

o Name and location of school district.

o Name, title and telephone number of school district contact.

o Name, address, telephone number and email address of project architect.

o Project description including size in square feet.

o Number of prime contractors.

o Project schedule including start and completion dates.

o Whether the project finished on time.

o Construction documents estimate and actual bid total.

o Final construction costs including change orders.

o Whether claims were presented and if so, how many, of what kind/type and how they were resolved.

Provide a listing of K-12 school projects with a value of at least twenty-five ($25) million dollars for which your firm is currently providing construction management at risk services. Provide the following information for each project:

o Name of project.

o Name and location of school district.

o Name, title and telephone number of school district contact.

o Name, address, telephone number and email address of project architect.

o Project description including size in square feet.

o Number of prime contractors.

o Project schedule including start and completion dates.

o Whether the project is on schedule.

o Construction documents estimate and actual bid total.

o Anticipated construction costs including change orders.

o Percentage completed at the time of this proposal submission.

Provide an organizational chart of your proposed construction management team for this project. The proposal shall be based upon full-time on-site supervision of all construction activity. Provide a resume for each member of the proposed team including education, years of construction management experience, years of K-12 school construction experience and his or her proposed role in the project.

Describe your firm’s Quality Assurance Program and submit exhibits related to it.

Provide the name, address, email addresses, and telephone number of at least three (3) references familiar with the quality of work completed by the firm on similar projects.

Provide exhibits of the following items used by your firm on a current or previous K-12 school construction management at risk project:

o A detailed cost estimate developed during a project design phase.

o A value engineering study performed during a project design phase.

o A work schedule from a construction bid package.

o A typical construction manager’s monthly project report.

ADDITIONAL PROPOSAL INSTRUCTIONS

The Proposer’s proposal shall conform to the following instructions and contain the following required information:

▪ Any interpretations, corrections, revisions to this solicitation will be made only by written addendum issued by DPS. Interpretations, corrections, or revisions of this RFP made in any other manner will not be binding and Proposers must not rely upon such interpretations, corrections, or revisions. Proposers are solely responsible for ensuring that they have all addenda issued prior to submitting their proposals. DPS refuses any responsibility for a Proposer’s failure to receive any addenda.

▪ Proposals shall be signed by an authorized representative of the Proposer. By submitting a proposal, the Proposer certifies that all information provided in response to this RFP is true and accurate.

▪ Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer’s proposal and capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

▪ All requested information must be submitted. Proposals which are incomplete or lack key information will be rejected. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

▪ Ownership of all data, materials and documentation originated and prepared for DPS pursuant to this RFP shall belong exclusively to DPS and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Proposer must invoke the protection of Section 2.2-4342. F. of the Code of

Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document as proprietary or trade secrets is not acceptable and may result in rejection of the proposal.

▪ The proposal must identify any professional licenses maintained by the offeror and/or individuals identified as part of the offeror’s project team relevant to the Project.

▪ Firm’s Cost Proposal – Offerors shall NOT provide any estimated project costs in their proposals. During discussions with offerors, as allowed during Competitive Negotiation under Virginia Code § 2.2-4302.2, DPS may discuss nonbinding estimates of project costs with Proposers. A final price shall be determined in negotiation with the Proposer ranked first following discussions.

▪ The Proposer may provide any other information that the offeror feels DPS should consider in evaluating the proposal.

▪ Your submission of a Proposal certifies that you have either inspected the job site or voluntarily declined the inspection, are aware of the conditions under which the work must be accomplished, that you are aware of and understand the requirements for the goods and services to be provided, and that you fully understand this solicitation. It is the responsibility of each offeror to inquire about and clarify any requirements of this solicitation that are not understood. Failure to understand the requirements of this solicitation will not relieve the contractor of any responsibilities under any contract. Claims, because of failure to inspect the job site or failure to obtain clarification of requirements, will not be considered by the DPS.

Policy on Small Businesses, Businesses Owned by Women and Minorities, Service- Disabled Veteran Businesses, And Employment Services Organizations

Per Virginia Code § 2.2-4310, it is the policy of DPS to encourage and facilitate participation by small businesses, minority and women-owned businesses, service-disabled veteran businesses, and employment services organizations in all aspects of its contracting activities.

DPS encourages small businesses, minority and women-owned businesses, service-disabled veteran businesses, and employment services organizations to respond to this RFP. DPS encourages potential Proposers to use small businesses, minority and women-owned businesses, service-disabled veteran businesses, and employment services organizations as subcontractors and/or suppliers. If the Proposer is a small business, minority and women-owned business, service-disabled veteran business, or employment services organization it should identify itself as such in its proposal. If the Proposer intends to subcontract work as part of its performance under this contract, it should include in its proposal a plan to subcontract to small, women-owned, minority-owned, service-disabled veteran-owned businesses, and employment services organizations. The Proposer also should identify any small businesses, minority and women-owned businesses, service-disabled veteran businesses, and employment services organizations it intends to use on the Project.

SELECTION CRITERIA

The Contract is being procured through selected qualifications and a negotiation process.

With contractor having CMAR experience and knowledge of LEAN construction techniques.

Selection criteria will include, but is not limited to, the following:

▪ Project approach and familiarity with the Project and Danville Public Schools.

▪ Relevant experience with similar CMAR school projects.

▪ The ability, capacity and skill of the offeror to timely perform the contract or provide the services and/or items required.

▪ Experience with LEAN construction.

▪ Results of reference checks.

▪ The character, integrity, reputation, judgment, experience and efficiency of the offeror and its design team.

▪ Performance (including completion on time, on budget, and percentage of change orders) on similar projects in the past.

▪ Qualifications, experience and location of key project team members who will remain actively involved throughout the entire Project.

▪ Location of firm’s offices relative to Danville, Virginia, for prompt and consistent project oversight.

▪ The ability, capacity or willingness of the offeror to commence and complete the contract within time frames fixed by DPS.

▪ Experience with providing construction management services to the City of

Danville and Danville Public Schools.

▪ Knowledge of required state and local permitting and approval processes.

▪ The results of interviews, discussions, and/or negotiations with offerors.

▪ Any other lawful factors reasonably related to the subject of the contract to be awarded.

▪ Overall quality and value of the proposal as determined by DPS.

▪ The best value relative to DPS’s needs; and/or

▪ The best interests of DPS.

A selection committee will review proposals received by the proposal submission deadline and engage in discussions and negotiations with selected Proposers as allowed by the Virginia Public Procurement Act. The committee will recommend to the School Board for approval of a contract with the Proposer with which DPS can negotiate a contract in accordance with Danville Public Schools policies and the Virginia Procurement Act. The selection of the Construction Management Firm will be based on the criteria set forth herein. The selection committee will review and evaluate the RFP responses. Upon approval by the School Board, the selection committee will select a firm deemed more highly qualified and suitable than the others under consideration. Danville Public Schools has sole discretion and reserves the right to reject all RFP responses received and to cancel the RFP process at any time prior to entering into a formal agreement. Danville Public Schools reserves the right to request additional information or clarification of the information provided.

AWARD OF CONTRACT

After evaluation of the offers received in response to the RFP, DPS shall engage in individual discussions, interviews with two or more Proposers deemed fully qualified, responsible, and suitable based on initial responses, and with professional competence to provide the required services. Repetitive informal interviews are permitted. Proposers shall be encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed contract. Proposers may also propose alternate concepts or methodology. These discussions may encompass nonbinding estimates of project costs including, where appropriate, design, construction, life-cycle costing, nonbinding estimates of prices or fees for architectural/engineering services and other matters, which DPS in its discretion finds relevant. Methods to be used in arriving at a price for the services may be discussed. The reasonableness/competitiveness of a proposed nonbinding fee in no way binds DPS to select the Proposer who proposes the lowest fees or benefits for services.

Proposers are advised that time is of the essence and that it is imperative that all work required for the project be completed as soon as possible. If selected for an interview, Proposers must be prepared to provide a tentative schedule indicating the period within which all work can be completed. The reasonableness of this proposed schedule in no way binds DPS to select the offeror who proposes the shortest or more aggressive schedule.

Proprietary information from competing offerors (including any data on estimated person-hours or rates and the plan for accomplishing the scope of work) will not be disclosed to the public or to competitors, provided the Proposer duly marks such information as “Proprietary Information” and the designation is justified as required by Section 2.2-4342, Code of Virginia, as revised. At the conclusion of the informal interviews and on the basis of evaluation factors set forth in this Section and the information provided and developed in the selection process to this point, DPS shall rank, in the order of preference, the interviewed Proposers whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted with the Proposer ranked first. If a contract satisfactory and advantageous to DPS can be negotiated at a fee considered fair and reasonable, the award shall be made to that Proposer. Otherwise, negotiations with the Proposer ranked first shall be formally terminated and negotiations conducted with the Proposer ranked second, and so on, until such a contract can be negotiated at a fair and reasonable fee. Should DPS determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offer is clearly more highly qualified and suitable than the others under consideration, a contract will be negotiated and awarded to that offeror.

PRICING

a. A price shall be negotiated with the selected Offeror for the Preconstruction services in accordance with Danville Public Schools Purchasing Regulations. A proposed fee is NOT to be submitted with the proposal.

b. A Guaranteed Maximum Price (GMP) will be negotiated with the selected Offeror for the construction services in accordance with Danville Public Schools Purchasing Regulations. A proposed fee is not to be submitted with the proposal.

End of Part I-

Part II: Scope of Services

ARTICLE 1

RELATIONSHIP OF THE PARTIES

Owner and Construction Manager at Risk, CMAR

The CMAR and the Owner shall perform as stated in this Agreement and each accepts the relationship between them that is established by this Agreement upon establishment of an approved GMP.

1.1.1 Standard of Care

The CMAR covenants with the Owner to furnish its skill and judgment with due care in accordance with applicable federal, state, and local laws and regulations that are in effect on the date of this Agreement first written above. The CMAR shall perform its services, including but not limited to the Basic Services and any Additional Services authorized in writing by the Owner, consistent with the professional skill and care ordinarily provided by CMARs practicing in or around the Forest Hills Elementary School in Danville, Virginia area under the same or similar circumstances. The CMAR shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

1.1.2 CMAR Representations

The CMAR represents and warrants that at the time of execution of this Agreement the CMAR has and will retain all licenses and certifications required of him to perform the work identified in this Agreement and associated contract documents. The CMAR shall keep this licensure in good standing without lapse throughout the term of this Agreement.

The CMAR shall provide proof of this licensure to the Owner and/or Design Consultant upon request.

By execution of this Agreement, the CMAR warrants that (a) it is an experienced and duly licensed having the ability and skill necessary to perform all the work required of it under this Agreement in connection with the design and construction of a project having the scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with all current laws, rules and regulations which are applicable to the construction of the Project, and that the CMAR’s work on the Project shall be performed in accordance with all such applicable laws, rules and regulations.

1.2 Owner and Design Consultant

The Owner shall contract separately with one or more Design Consultants to provide architectural and engineering design for the Project. The Project is defined in Article 2 of this Agreement. The Design Consultant’s services shall be as stated in this Agreement and as defined in the form agreement between the Owner and Design Consultant attached as Appendix A.

Owner and Contractors The Owner will require the CMAR to contract directly with contractors necessary for construction or supply of the project. All such contracts shall be issued consistent with the applicable provisions of this agreement

1.3 Relationship of the CMAR to the Design Consultant and Other Project

Participants In providing construction management services described in this Agreement, the CMAR shall maintain a working relationship with the owner’s Design Consultant and Construction Management Team. The Design Consultant is solely responsible for the Project design and shall perform in accordance with the Design Consultant Agreement with the Owner and nothing in this Agreement shall be construed to mean that the CMAR is responsible for the design of the Project or that the CMAR assumes any of the contractual or customary duties of the Design Consultant or any other persons or parties not specified by this Agreement.

ARTICLE 2

PROJECT DEFINITION

The term “Project” when used in the Agreement shall mean the total construction of which the Work may be a whole or part of the Project.

The term “Work” required for the “Project” used in this Agreement shall mean the various parts of total construction to be performed under this Agreement.

The abbreviation CMAR shall mean Construction Manager at Risk.

The Project name and locations are as follows:

Forest Hills Elementary School 155 Mountain View Ave

Danville, Virginia The Project’s intended use is as an Elementary School

ARTICLE 3

CONSTRUCTION MANAGER’S BASIC SERVICES

3.1 CMAR Basic Services

The CMAR shall perform the Basic Services described herein. It is not required that the Basic Services be performed in the sequence in which they are described.

3.2 Design Phase – Project Management

3.2.1 Project Management

3.2.1.1 Construction Management Plan

The CMAR shall prepare a Construction Management Plan for the Project within the time mutually established by the Owner and CMAR and shall make recommendations for revisions to the plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CMAR shall consider the Owner’s schedule, budget, and design requirements for the Project. The CMAR shall then develop various alternatives for the sequencing and management of the Project and shall make recommendations to the Owner. The Construction Management Plan shall also include a description of the various bid packages recommended for the Project. The Construction Management Plan shall be presented to the Owner for acceptance. The CMAR shall develop a Master Schedule for the Project. The CMAR shall determine the appropriate bid packages based on the available resources. The CMAR shall familiarize itself with all available Project funding and work with the Owner and Design Consultant to maximize the scope and quality of the Project based upon the available funds. The CMAR shall make recommendations regarding communication among the parties in an effort to ensure the prompt and proper flow of Project information. The CMAR shall outline its plan for minority business enterprise participation goals required by state law and the Owner, including reporting all information required by state law on behalf of the Owner to the Virginia Department of Education and other state and local agencies required. The CMAR shall include a Project safety plan covering all critical areas of the Project.

3.2.2 Time Management

3.2.2.1 Master Schedule

In accordance with Exhibit A the Construction Management Plan, the CMAR shall prepare a Master Schedule for the Project in accordance with the deadlines and specifications established by the Owner. The Master Schedule shall specify the proposed start and finish dates for each major Project activity. The CMAR shall submit the Master Schedule to the Owner for acceptance.

3.2.2.2 Design Phase Milestone Schedule

After the Owner accepts the Master Schedule, the CMAR shall prepare a Milestone Schedule for the Design Phase. The Design Phase Milestone Schedule may be used in the request for proposals and contract for the Design Consultant and shall be a method for judging progress during the Design Phase. The CMAR shall track the Design Consultant’s progress during the design phase and alert the Owner of any delays in the Design Consultant’s timely completion of its services.

3.2.3 Cost Management

3.2.3.1 Construction Market Survey

The CMAR shall conduct a Construction Market Survey to provide current information regarding the general availability of local construction services, labor, materials, and equipment cost and other economic factors related to the Project.

3.2.3.2 Project and Construction Budget

Based on the Construction Management Plan and the Construction Market Survey, the CMAR shall prepare a Project and Construction Budget based on separate divisions of the Work required for the Project and shall identify contingencies for design and construction.

The CMAR shall submit the Project and Construction Budget to the Owner for acceptance.

The CMAR shall make recommendations to the Owner and Design Consultant regarding whether the Owner should conduct any additional geotechnical, environmental, or other inspections of the Project site reasonably necessary for the CMAR to estimate the cost of the work and minimize change orders due to unforeseen conditions. If the Project involves renovation work, the CMAR shall perform inspections of the existing building, Project conditions, and perform any destructive testing reasonably necessary for the Design Consultant to prepare a complete and accurate set of construction documents and allowing the CMAR to estimate the cost of the work in order to minimize change orders due to unforeseen conditions. The cost of any destructive testing shall be billed as reimbursable and shall not be included in the CMAR’s fee for basic services. The Project and Construction Budget shall be revised as directed by the Owner.

3.2.3.3 Preliminary Estimate and Budget Analysis

The CMAR shall analyze and report to the Owner the cost of various design and construction alternatives, including CMAR’s assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget. As a part of the cost analysis, the CMAR shall consider costs relating to efficiency, usable life, maintenance, energy, and operation.

3.3 Design Phase – Design Support

3.3.1 Project Management

The CMAR will be required to submit all project documents to the Owner using the Owner’s Procore MIS system for project tracking, and project management through closeout.

3.3.1.1 Revisions to the Construction Management Plan

During the Design Phase, the CMAR shall make the recommendations to the Owner regarding revisions to the Construction Management Plan. Revisions approved by the Owner shall be incorporated into the Construction Management Plan.

3.3.1.2 Project Conference

At the start of the Preconstruction Phase, the CMAR shall conduct a Project conference attended by the Design Consultant, the Owner, and others, as necessary. During the Project

Conference, the CMAR shall review the Construction Management Plan, the Master Schedule, the Design Phase Milestone Schedule, the Project and Construction Budget, and the MIS. The CMAR shall be responsible for tracking the progress of the design in relation to the Design Phase Milestone Schedule and shall promptly notify the Owner of any delay.

The CMAR shall make recommendations to the Owner, with a copy to the Design Consultant, regarding strategies for overcoming any delay in the design of the Project.

3.3.1.3 Design Phase Information

The CMAR shall monitor the Design Consultant’s compliance with the Construction Management Plan and the MIS (Procore™), and the CMAR shall coordinate and expedite the flow of information between the Owner, Design Consultant, and others, as necessary.

3.3.1.4 Progress Meetings

The CMAR shall conduct periodic progress meetings attended by the Owner, Design Consultant, and others, as necessary. Such meetings shall serve as a forum for information exchange concerning the Project and reviewing design progress. The CMAR shall prepare and distribute minutes of these meetings to the Owner, Design Consultant, and others.

During the periodic progress meetings the CMAR shall update the Owner and Design Consultant regarding the estimated cost of the design and make recommendations to the Owner and Design Consultant regarding constructability, construction cost, sequence of construction, construction duration, possible means and methods of construction, time for construction, and any other information reasonably necessary to assist the Design Consultant with cost, budget and schedule requirements.

The CMAR shall review the design documents and any addenda or other information from the Design Consultant for clarity, consistency, constructability, and coordination among the Contractors. If the Project is a prototype that has been previously constructed, the CMAR shall verify that all applicable change orders from previous Projects have been incorporated into the bidding documents. The review results shall be provided in writing as notations on the documents using Bluebeam Review. The CMAR is not responsible for providing, nor does the CMAR control, the Project design, and contents of the design documents. By performing the reviews described herein, the CMAR is not acting in a manner to assume responsibility or liability, in complete or in part, for all or any part of the Project design and design documents. The CMAR’s actions in reviewing the Project design and design documents and in making recommendations as provided herein are for the use of the Owner and Design Consultant. The constructability review shall be thorough and complete.

3.3.1.6 Design Recommendations

The CMAR shall make recommendations to the Owner and Design Consultant with respect to constructability, construction cost, sequence of construction, construction duration, means and methods of construction, time for construction, and separation of the Project contracts for various categories of Work. In addition, the CMAR shall give to the Design Consultant all data of which it or the Owner is aware concerning patents or copyrights for inclusion in Contract Documents.

3.3.1.6.1 On renovation Projects, the CMAR shall:

1. Conduct thorough evaluation of existing conditions of building(s), all building systems, site, and site infrastructure.

2. Conduct destructive and non‐destructive testing as necessary to thoroughly evaluate existing conditions of the building(s), building systems, site, and site infrastructure (all testing, whether destructive or non‐destructive, is to be approved in advance by the Owner and shall be coordinated to occur at a time that will reasonably allow the information to be used by the Design Consultant in the in the preparation of the contract documents);

3. Report to Owner and Design Consultant during design phase regarding findings of evaluation of existing building(s), building systems, site, and site infrastructure and make recommendations to the Owner and Design Consultant that will assist with establishing cost, budget, and schedule requirements.

4. Work with Owner and Design Consultant during design phase to create phasing plans that allow the work to be conducted in the most expedient manner while considering both cost and time.

5. Develop a plan to address the safety and security of all students, staff, visitors that will be on a site that is being used as a school during construction, including a plan that minimizes noise levels that would be disruptive to the educational environment without the prior approval of the Owner.

3.3.1.7 Owner Design Reviews

The CMAR shall coordinate the Owner’s design reviews by compiling and conveying the Owner’s comments to the Design Consultant.

3.3.1.8 Approvals by Regulatory Agencies

The CMAR shall monitor transmittal of documents to regulatory agencies for review and shall advise of potential problems in completing such reviews of which the CMAR is aware.

3.3.1.9 General Conditions

The CMAR shall develop the General Conditions for use in the contracts between the CMAR and the Contractors for construction of the Project. Separate General Conditions for materials and equipment procurement shall be prepared by the CMAR to meet the specific requirements of the Project and all the requirements of this Agreement.

In interpreting the requirements of this Agreement, anything shown on the Design Consultant’s drawings and not mentioned in the specifications or mentioned in the specifications and not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. The Design Consultant’s technical specifications take priority over general specifications and detail drawings take precedence over general drawings. Any work shown on one drawing shall be construed to be shown in all relevant drawings, and the CMAR will coordinate the work and the drawings. If any portion of the Design Consultant’s plans and specifications shall be in conflict with any other portion, the various documents comprising the contract documents shall govern in the following order of precedence: this Agreement; any addendum issued by the Design Consultant; the specifications; the drawings; as between schedules and information given on drawings, the schedules shall govern; as between figures given on drawings and the scaled measurements, the figures shall govern; as between large-scale drawings and small scale drawings, the larger scale drawings shall govern. Any such conflict or inconsistency between or in the drawings shall be submitted to the Design Consultant whose decision thereon shall be final and conclusive.

3.3.1.10 Public Relations

The CMAR shall assist the Owner in public relations activities and shall prepare information for and attend public meetings regarding the Project.

3.3.1.11 Project Funding

The CMAR shall assist the Owner in preparing documents concerning the Project and Construction Budget and for use in obtaining or reporting on Project funding. The documents shall be prepared in a form approved by the Owner.

3.3.2 Time Management

3.3.2.1 Revisions to Master Schedule

While performing the services provided in Paragraphs 3.3.1.1, 3.3.1.2 and as necessary throughout the Design Phase, the CMAR shall recommend revisions to the Master Schedule. The Owner shall issue change orders as needed to the appropriate parties to implement the Master Schedule revisions.

3.3.2.2 Monitoring the Design Phase Milestone Schedule

While performing the services provided in Paragraphs 3.3.1.3, and 3.3.1.4, the CMAR shall monitor compliance with the Design Phase Milestone Schedule.

3.3.2.3 Pre-Bid Construction Schedules

Prior to transmitting Contract Documents to bidders, the CMAR shall prepare a Pre-Bid Construction Schedule for each part of the Project and make the schedule available to the bidders during the Procurement Phase.

3.3.3 Cost Management

3.3.3.1 Cost Control

Following the completion of each design phase milestone, the CMAR shall prepare an estimate of the construction cost for the Design Drawings and Specifications furnished by the Design Consultant. Each estimate shall be accompanied by a report to the Owner and Design Consultant identifying variances from the Project and Construction Budget and CMAR’s assumptions in preparing the estimate. The CMAR shall coordinate the activities of the Owner and Design Consultant when changes to the design are required to remain within the Project and Construction Budget.

3.3.3.2 Project and Construction Budget Revision

The CMAR shall make recommendations to the Owner concerning the design changes that may result in revisions to the Project and Construction Budget and divisions of the Work required for the Project.

3.3.3.3 Value Engineering Studies

The CMAR shall provide value-engineering recommendations to the Owner and Design Consultant for major construction components, including cost evaluations of alternative materials and systems.

3.3.4 Management Information System (MIS)

3.3.4.1 Schedule Reports

In conjunction with the services provided by Paragraph 3.3.2.1, the CMAR shall prepare and distribute schedule maintenance reports that shall contrast actual progress against scheduled progress for the Design Phase and the overall Project and shall make recommendations to the Owner for corrective action.

3.3.4.2 Project Cost Reports

The CMAR shall prepare and distribute Project cost reports that shall indicate estimated costs compared to the Project and Construction Budget and shall make recommendations to the Owner for corrective action.

3.3.4.3 Cash Flow Report

The CMAR shall periodically prepare and distribute a cash flow within their monthly report.

3.3.4.4 Design Phase Change Order Report

The CMAR shall prepare and distribute Design Phase change order reports that shall list all Owner-approved change orders as of the date of the report and shall state the effect of the change orders on the Project and Construction Budget and the Master Schedule.

3.4 Procurement Phase

3.4.1 Project Management

The CMAR shall procure bids in accordance with VA Gen. Stat. § 143-128.1, 143-128.2 to -128.4, 143-135.8. The CMAR shall prequalify all bidders in accordance with this Agreement. The CMAR shall ensure that all minority business participation goal requirements are followed in the solicitation and award of contracts. The CMAR shall report its efforts to solicit minority business participation to the Owner in writing. Unless approved otherwise by the Owner, a minimum of three bids shall be required for opening if bids are received in advance of the GMP having been established.

3.4.1.1 Prequalifying Bidders

The CMAR shall develop lists of potential bidders and prequalifying bidders. This service shall be performed in accordance with the Owner’s prequalification of bidders for construction projects policy. The CMAR shall also prepare and transmit to the Owner a list of prequalified and disqualified bidders for each bid package. The CMAR shall provide the Owner with the reasons that any prospective bidders have been disqualified. The Owner shall notify the CMAR promptly of any reasonable objections to a proposed bidder, and the CMAR shall remove that bidder from the bidder's list.

The CMAR shall provide the Owner with a list of all businesses in which the CMAR’s Owners have any ownership interest if the business is engaged in the construction industry, including demolition and the supply of materials for construction, and the CMAR intends to solicit bids for any work on the Project from the business. The CMAR shall provide said list to the Owner prior to prequalifying bidders for the work. The Owner shall determine whether any business listed may submit a bid or perform any work on the Project.

3.4.1.2 Bidder’s Interest Campaign

The CMAR shall conduct a thorough campaign to create interest among qualified bidders.

The CMAR shall provide written documents of these efforts to the Owner prior to bidding the work.

3.4.1.3 Notices and Advertisements

The CMAR shall prepare and place notices and advertisements to solicit bids for the Project

3.4.1.4 Delivery of Bid Documents

The CMAR shall expedite the delivery of bid documents to the bidders. The CMAR shall obtain documents from the Design Consultant and arrange for electronic distribution and delivery to the bidders. The CMAR shall maintain a record of bidders receiving documents.

The CMAR shall notify the Owner in advance, in writing, of the anticipated number of bid documents to be produced.

3.4.1.5 Pre-Bid Conference

In conjunction with the Design Consultant, the CMAR shall conduct a Pre-Bid Conference.

These conferences shall be forums for the CMAR and Design Consultant to explain to the bidders the Project requirements, including information concerning schedule requirements, time and cost control requirements, access requirements, contractor interfaces, the Project administrative requirements and technical information.

3.4.1.6 Information to Bidders

The CMAR shall develop and coordinate procedures to provide answers to bidders’ questions.

3.4.1.6.1 Site Access for Bidders

In the event bidders require access to the site to gain information necessary to prepare their bids, the CMAR shall be responsible for coordinating access with the Owner. Any access shall be during regular business hours or otherwise at a time that would not unreasonably disturb the adjacent property Owners or interfere with the school day. If the information sought by the bidders requires any alteration to the existing building or site or destructive testing, the CMAR shall notify the Owner in advance and coordinate said work so that it does not cause any disruption to the current use of the site or building. The CMAR shall ensure that any disturbed areas are repaired if the Owner is currently using the building. In all situations, the CMAR shall ensure that the site or building is left in a safe and secure condition and that the disturbed area is cleaned of any debris resulting from the access. In the event that the bidders’ access disturbs any adjacent property, including depositing dirt, soil, or debris on the roads adjacent to the site, the CMAR shall promptly clean all areas and be responsible for any claims, fines or penalties resulting from said access.

3.4.1.7 Addenda

The CMAR shall receive from the Design Consultant a copy of all addenda. The CMAR shall review addenda for clarity, consistency, and coordination. By performing the reviews described herein, the CMAR is not acting in a manner to assume responsibility or liability, in completely or in part, for all or any part of the Project design. The CMAR shall also distribute a copy of all addenda to each bidder receiving documents.

3.4.1.8 Bid Opening

The CMAR shall act as the fiduciary of the public entity in handling and opening bids. All bids shall be received and opened in a manner agreed upon by the Owner. The CMAR shall conduct bid openings and evaluate bids to determine the lowest responsive and responsible bidder, considering quality, performance, and time specified to perform. The contracts shall be awarded in accordance with VA and DOL guidelines.

3.4.1.9 Construction Contracts

The CMAR shall prepare, execute, and deliver the contract documents between the CMAR and the Contractors. The contract documents shall consist of the plans and specifications, any addendum, the general conditions, the form of Agreement between the CMAR and the contractor, bid manual, and any other documents incorporated by the CMAR. The CMAR shall also issue the notices to proceed. The CMAR shall not issue contract documents or notices to proceed with the work to the contractors until the Owner and CMAR have agreed upon the amount of the GMP and the Owner has notified the CMAR that it can proceed with the work.

3.4.1.10 Permits, Insurance and Labor Affidavits

The CMAR shall verify that the Contractors have secured the required building permits, bonds, insurance, labor affidavits, employee background checks, and waivers.

3.4.2 Time Management

3.4.2.1 Pre-Bid Construction Schedule

The CMAR shall inform the bidders of their responsibilities regarding the Pre-Bid Construction Schedule specified in the Instructions to Bidders or Contract Documents. The CMAR shall inform the bidders of the Owner’s requirements for scheduling and communication between the parties.

3.4.2.2 Construction Schedule

The CMAR shall provide a copy of the Master Schedule to the bidders. The CMAR shall prepare a Construction Schedule and all updates in accordance with the Owner’s scheduling requirements in section 3.5.2. The Owner shall provide the CMAR with its scheduling requirements prior to receipt of bids for the Project.

3.4.3 Cost Management

3.4.3.1 Estimates for Addenda

Unless the Owner has elected to establish the GMP after bids have been received, the CMAR shall prepare an estimate of costs for all addenda and shall submit the estimates to the Owner for approval. After approval by the Owner, the addenda shall be transmitted to bidders and the Guaranteed Maximum Price and the CMAR’s compensation shall be adjusted as provided in this Agreement.

3.4.3.2 Analyzing Bids

Upon receipt of bids, the CMAR shall evaluate the bids, including alternate prices and unit prices.

3.4.4 Management Information System (MIS)

3.4.4.1 Schedule Maintenance Reports

The CMAR shall prepare and distribute schedule maintenance reports during the Procurement Phase. The reports shall compare the actual bid and award dates to scheduled bid and award dates and shall summarize the progress of the Project.

3.4.4.2 Project Cost Reports

The CMAR shall prepare and distribute the Project cost reports during the Procurement Phase. The reports shall specify the actual award prices and construction costs for the Project, compared to the Project and Construction Budget. The CMAR shall provide updated Project cost reports to the Owner, with a copy to the Design Consultant, at least monthly.

3.4.4.3 Cash Flow Reports

The CMAR shall prepare and distribute cash flow reports during the Procurement Phase.

The reports shall be based on actual award prices and construction costs for the Project and the reports shall specify the actual cash flow compared to the projected cash flow.

3.5 Construction Phase

3.5.1 Project Management

3.5.1.1 Pre-Construction Conference

In connection with the Design Consultant, the CMAR shall conduct a Pre-Construction Conference during which the CMAR shall review the reporting procedures, site operations and other contractual requirements.

3.5.1.2 Onsite Management and Construction Phase Communication Procedures The CMAR shall provide and maintain a management team on the Project site to provide contract administration and the CMAR shall establish and implement coordination and communication procedures among the CMAR, Owner, Design Consultant, and Contractors. The Owner shall approve the CMAR’s Project manager and superintendent.

The Owner reserves the right to require the removal of a particular PM, superintendent, at any time the Owner reasonably believes the PM, or superintendent is adversely affecting the Project. A PM or superintendent approved by the Owner shall not be reassigned by the CMAR unless they cease to be on the CMAR’s payroll, or the Owner otherwise agrees to.

The CMAR shall observe the work as required for general conformance with the contract documents. The CMAR shall be responsible for Project site safety and the means and methods for the construction of the Project.

3.5.1.3 Contract Administration Procedures

The CMAR shall establish and implement procedures for expediting and processing requests for information, shop drawings, material and equipment sample submittals, Contractor schedule adjustments, change orders,…