RFP 25-05 PROGRAM MANAGEMENT SERVICES - FINAL.pdf

RFP NO. 25-05

Program Management Services

Request for Proposals No. 25-05

REQUEST FOR PROPOSALS

NO. 25-05

FOR

PROGRAM MANAGEMENT SERVICES FOR

LOS ANGELES COMMUNITY COLLEGE DISTRICT BOND PROGRAM

PROPOSITIONS A AND AA/MEASURES J, CC, AND LA

February 20, 2025

Procurement Unit 770 Wilshire Boulevard

Los Angeles, CA 90017-3719 213.891.2276

INSTRUCTIONS TO PROPOSERS

TABLE OF ARTICLES

ARTICLE 1 DEFINITIONS……………………………………………………………………

ARTICLE 2 OVERVIEW………………………………………………………………………

ARTICLE 3 PROPOSER REPRESENTATIONS………………………………………… ................ …11

ARTICLE 4 RFP DOCUMENTS, SCHEDULE, AND PROCEDURES……………….. ....... ………….12

ARTICLE 5 PROPOSALS…………………………………………………………………. ...... ..………..19

ARTICLE 6 EVALUATION OF PROPOSALS…………………………………………… ........ ………..21

ARTICLE 7 PROPOSED AGREEMENT……………………………………………… ............. ………..22

ARTICLE 8 NOTICE AND AWARD…………………………………………

ARTICLE 9 DEBRIEFINGS AND PROTESTS…….. ................................................. .…

ARTICLE 10 ATTACHMENTS……………………………………………… ............. ………

ARTICLE 1

INTRODUCTION

Through this Request for Proposal (RFP), the Los Angeles Community College District (District) is seeking proposals from well-qualified individuals and firms that can serve as the Program Manager for the Bond Program. THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE INFORMATION AND

PROPOSAL REQUIREMENTS TO RESPONDERS INTERESTED IN SUBMITTING PROPOSALS TO

CONDUCT PROGRAM MANAGEMENT SERVICES FOR THE DISTRICT.

INTERNET ACCESS TO THIS RFP

All materials related to the RFP will be available on the internet at:

https://www.laccd.edu/offices/business-services/contract-services/bids-proposals:

All Respondents who choose to download an RFP solicitation will be solely responsible for checking the aforementioned website for clarifications and/or addenda, and the District shall not have any responsibility for the same. Any failure by a Respondent to obtain clarifications and/or addenda from the website shall not relieve Respondent from being bound by any additional terms and conditions in the clarifications and/or addenda, or from considering additional information contained therein in preparing your Proposal.

Note: there may be multiple clarifications and/or addenda. Any harm to the Respondent resulting from such Respondent’s failure to obtain such information from the District’s website shall not be valid grounds for a protest against award(s) made under the solicitation. All Respondents shall be solely responsible for obtaining all such RFP materials from the website at all times.

Request for Proposals No. 25-05

DEFINITIONS

Capitalized terms shall have the meanings assigned to them in Attachment No. 1 – “Program Management Agreement” attached hereto (“Program Management Agreement”). Capitalized terms not so defined shall have the meanings assigned to them in, or if none is assigned as reasonably understood to apply to them by the context of, the portion of the RFP Documents where such terms are used.

ARTICLE 2

OVERVIEW

2.1 ABOUT THE DISTRICT

The District was organized in 1969 and is governed by an elected Board of Trustees and is part of the statewide California Community College system. Members of the Board of Trustees are elected at large to serve four-year terms. The District serves a population of over five million residents in Southern California within an area of 882 square miles of metropolitan Los Angeles and unincorporated areas of the County of Los Angeles. The District extends from Agoura Hills in the western part of the San Fernando Valley to the City of San Fernando in the northeast. The service area includes Culver City on the western side of the greater Los Angeles basin, Monterey Park and San Gabriel on the east side as well as Palos Verdes Estates and San Pedro to the south. In keeping with its mission, the District provides comprehensive lower-division general education, occupational education, transfer education, credit and non-credit instructional programs geared to meet the needs of the communities its colleges serve and which meet the changing needs of students for academic and occupational preparation, citizenship, and lifelong learning. The Accrediting Commission for Community and Junior Colleges, a division of the Western Association of Schools and Colleges, accredits each of the nine colleges.

The physical footprint of colleges ranges in size from twenty-two acres (Los Angeles Trade

Technical College) to over four hundred fifty acres (Los Angeles Pierce College). Facilities include newly constructed classroom and instructional laboratory buildings, learning resource centers (libraries with specialized learning/tutoring centers) as well as original instructional buildings, parking structures, maintenance yards, athletic fields and gymnasiums.

In Fall 2023 the District employed more than 6,200 full-and part-time personnel and served over

170,000 full-and part-time students in the 2022-23 academic year. More information about the District and its colleges can be found online, here. The student population of the LACCD is ethnically diverse with 60 percent Hispanic/Latinx, 16 percent White, 9 percent African American, 8 percent Asian, and 2 percent Multi-Ethnic. More detailed information about LACCD students can be found online, Additional information about the District and its colleges can be found online, click here:

The District welcomes a diverse pool of proposers to respond to the Request for Proposal as outlined below in the Scope of Services Sections, including but not limited to any Disadvantaged Business Enterprises.

https://www.laccd.edu/Departments/EPIE/Research/Pages/Fast-Facts.aspx.

2.2 THE BOND PROGRAM

In April 2001, the voters authorized the District to issue $1.245 billion of general obligation bonds under Proposition A. In May 2003, the voters authorized the District to issue approximately $980 million of general obligation bonds under Proposition AA. In November 2008, the voters authorized approximately $3.5 billion of general obligation bonds under Measure J. In November 2016, the voters authorized approximately $3.3 billion of general obligation bonds under Measure CC. In November 2022, the voters authorized approximately $5.3 billion of general obligation bonds under Measure LA.

The proceeds of these bond issuances are being used for construction, repair, improvement, and upgrade of District buildings, classrooms, student housing, and other facilities as authorized by one or more of the Bond Measures (“Bond Program”). Construction is currently underway at all of the District’s nine college campuses. Planning, development, design, and construction under the Bond Program is managed by a “program manager” (“Program Manager”) retained by the District. In addition, there is a project management firm (“College Project Leadership Team” or “CPLT”) (which, notwithstanding the reference to “team,” is actually a single firm). The CPLT, in turn manages a “College Project Team” (“CPT”) at each campus which is comprised of the CPLT, its Subconsultants and other individuals or firms selected, retained and assigned by the District to the College to assist the CPLT in the performance of project or construction management services for the College under the leadership and supervision of the CPLT and under the Bond Program leadership of the Program Manager. This includes other project management professional services consultants retained by District at one or more college campuses pursuant to its Multiple Award Task Order Contracts (“MATOC”) and its Bench Task Order Contracts (“BTOC”). The staffing provided by each CPT includes a project director, several project managers, schedulers and various support staff. Information about the Bond Program, current and upcoming Campus Projects as well as links to other reports and information are included in Attachment No. 5 – “Reference Documents” attached hereto. Additional information on the Bond Program may obtained by visiting the District’s website at: (here). Proposers are also invited to submit questions on the Bond Program by means of a Request for Information set forth in Section 4.1.5 below.

2.3 SUMMARY OF RFP

2.3.1 Objective. The objective of this Request for Proposal (“RFP”) is to select one qualified firm to serve as the Program Manager for the Bond Program in accordance with the terms and conditions of the Program Management Agreement.

2.3.2 Term. The Term of the Program Management Agreement, unless earlier terminated in accordance with its terms, is for an initial term of two (2) years with potential annual renewals in the District’s sole and absolute discretion up to a total maximum term of five (5) years. Proposers should assume that the commencement date of the Term may be set by the District to start any time between the date of Award and the end of the term of the District’s current contract for Program Management Services as it may be extended by the District in its sole discretion..

2.3.3 Services. The Basic Services required of the Program Manager are generally described in Attachment No. 1 the Program Management Agreement, Article 2 and Exhibits B (Key Personnel List and Job Descriptions) and D (Basic Services Descriptions) attached thereto, which may, at the District’s https://www.build-laccd.org/ sole and absolute discretion, be supplemented by the other detailed descriptions of services and deliverables offered by the successful Proposer in its Proposals.

2.3.4 Total Compensation. As consideration for performance of Basic Services, the Program Manager shall be paid pursuant to the terms and conditions of the Program Management Agreement a Basic Services Compensation comprised of (1) Program Management Fees and (2) Reimbursable Expenses, not to exceed applicable agreed Maximum Compensation Limitations as further described in Paragraph 2.3.7, herein below and Article 5 of the Program Management Agreement.

2.3.5 Program Management Fees. Program Management Fees are computed based on actual hours performed multiplied by the Agreed Hourly Rates. The Agreed Hourly Rates are comprised of the lump sum hourly rates set forth in Attachment No. 3 – “Key Personnel and Mandatory Hourly Staffing Rates” attached hereto for Key Personnel (“Key Personnel Hourly Rates”) and for all other personnel proposed by Program Manager, including, but not necessarily limited to the Strike Team Leaders. The District reserves the right, but assumes no obligation, to require that a Proposer confirm, in writing, prior to Award and/or at any time(s) prior to the signing of a Program Management Agreement by the District and the Proposer, and as a condition of any Award to the Proposer that the Proposer has made all of the contractual arrangements necessary for the employment of the individuals to perform the Services in the Key Personnel and/or Strike Team Leader positions for which those individuals were proposed. As part of such request, a Proposer may be required, without limitation, to furnish evidence satisfactory to the District of the existence of such contractual arrangements, including, without limitation, copies of confirmatory employment or other agreements. A failure by a Proposer to comply with the foregoing, or to furnish the Services of any of those individuals in the respective Key Personnel and/or Strike Team Leader positions for which they were proposed, may be considered by the District as a failure to comply with the requirements of the RFP Documents and/or an anticipatory or contemporaneous material breach of the Program Management Services Agreement.

2.3.6 Reimbursable Expenses. Reimbursable Expenses consist of, and are limited to, those expenses listed or referenced in Section 5.3 of the Program Management Agreement. No other expenses will be reimbursed under the terms of the Program Management Agreement.

2.3.7 Maximum Compensation Limitations & Annual Budgeted Amounts.

.1 Program Management Fees. Proposers responding to this RFP shall propose

(1) a single, maximum dollar amount for Program Management Fees payable by District that may be less than, but shall not to exceed, Ninety-Seven million dollars ($97,000,000) for the full Maximum Extended Term of 5 years and (2) a budgeted sum for Program Management Fees for each 12-month period of the Maximum Extended Term that may be less than, but shall not exceed, one-fifth (1/5th) of the Proposer’s proposed Maximum Compensation Limitation applicable to Program Management Fees for the full Maximum Extended Term. Proposers should note that the Maximum Compensation Limits shall apply to all Basic Services, including, but not limited to at least the four Strike Teams described in the Attachment No. 1 hereto – the Program Management Agreement and each Proposer’s submitted Program Management Plan for the implementation of such Strike Teams.

.2 Reimbursable Expenses. Proposers responding to this RFP shall propose (1) a single, maximum dollar amount for Reimbursable Expenses payable by District that may be less than, but shall not to exceed, four million dollars ($4,000,000) for the full Maximum Extended Term of 5 years and (2) a budgeted sum for Reimbursable Expenses for each 12-month period of the Maximum Extended Term that may be less than, but shall not exceed, one-fifth (1/5th) of the Proposer’s proposed Maximum Compensation Limitation applicable to Reimbursable Expenses for the full Maximum Extended Term.

2.3.8 Proposed Staffing Plans. Proposers responding to this RFP shall submit written plans demonstrating how they intend to staff performance of Basic Services, including, but not limited to the Key Personnel and Strike Teams (“Proposed Staffing Plans”). Proposed Staffing Plans shall reflect projected hours of Basic Services that are consistent with the Proposer’s proposed Maximum Compensation Limitation and 12-month budgeted sums for Program Management Fees as described in Paragraph 2.3.7, above. As more fully explained in Attachment No. 4 – “Proposal Requirements and Evaluation Criteria” attached hereto, three (3) Proposed Staffing Plans are required:

.1 a proposed Initial (6-month) Staffing Plan that details the Proposer’s proposed staffing for the first six (6) months of the Maximum (5-Year) Extended Term and for each person projected to perform Basic Services pursuant to said Staffing Plan and for each period of time designated in said Staffing Plan that such person is projected to perform Basic Services, the amount(s) of Program Management Fees that are projected to be incurred by District based on extensions of the hours detailed at the Agreed Hourly Rates;

.2 a proposed Original (2-year) Term Staffing Plan that details the Proposer’s proposed staffing for the first two (2) years of the Maximum (5-Year) Extended Term and for each person projected to perform Basic Services pursuant to said Staffing Plan and for each period of time designated in said Staffing Plan that such person is projected to perform Basic Services, the amount(s) of Program Management Fees that are projected to be incurred by District based on extensions of the hours detailed at the Agreed Hourly Rates; and

.3 a proposed Full (5-Year) Term Staffing Plan that details the Proposer’s proposed staffing for the entirety of the Maximum (5-Year) Extended Term and for each person projected to perform Basic Services pursuant to said Staffing Plan and for each period of time designated in said Staffing Plan that such person is projected to perform Basic Services, the amount(s) of Program Management Fees that are projected to be incurred by District based on extensions of the hours detailed at the Agreed Hourly Rates.

2.3.9 Two-Package Submission. Proposers shall submit two Proposals in response to the

RFP:

.1 a Proposal that includes (a) the Proposer’s proposed Maximum Compensation Limitations on the total, aggregate amounts of Project Management Fees and Reimbursable Expenses that are permitted to be charged to District over the Maximum Extended Term of 5 years and (b) the Proposer’s Proposed Staffing Plans (collectively, “Staffing and Pricing Proposal”); and

.2 a Proposal that includes (a) all other information and documents responsive to the RFP (“Technical Proposal”) and (b) a separately sealed envelope, enclosed within the Technical Proposal package, containing the Proposer’s completed and signed Attachment No. 6 – “Financial Capacity Questionnaire” and all financial information requested in the RFP as supporting information relating to the Proposer’s financial capacity to perform. Information relating to pricing and staffing levels and pricing shall be included in the Staffing and Pricing Proposal only and not in the Technical Proposal. Staffing and Pricing Proposals will be held unopened by the District and its designated personnel until after completion of the hereinafter described First and Second Phases of the RFP process. Staffing and Pricing Proposals will not be scored by the Evaluation Panel, but will be opened after the Evaluation Panel completes its scoring and then remain subject to Negotiations as part of the hereinafter described Third Phase of the RFP process.

2.3.10 Three-Phase Procurement. The procurement process shall proceed in three phases.

.1 First Phase. In the first phase (“First Phase”), responsive Technical Proposals will be evaluated and scored. Scoring will be performed by the Evaluation Panel (as defined in Article 6, below), except for the evaluation of the Proposers’ Financial Capacity Questionnaire and supporting financial information submitted in response to the Financial Capacity Questionnaire, which shall be evaluated by the District’s independent financial consultant on a pass/fail basis. Any Proposer whose Financial Capacity Questionnaire and supporting submittals do not “pass” the minimum requirements set forth in said Questionnaire will be disqualified from participating from the RFP process and will not be evaluated further by the Evaluation Panel.

The First Phase scores prepared by the Evaluation Panel will be submitted confidentially to the District’s designate Score Clerk. The Score Clerk will tally the total scores of the Proposers for the First Phase, and advise the Evaluation Panel, by means of alphabetical or other random means of listing, of the names only (not the scores or ranking) of the top five (5) highest scoring Proposers (“Short-Listed Proposers”). The Short-Listed Proposers will then be invited to participate in the Technical Interviews as part of the Second Phase of the RFP process, described further below. The scores and ranking of the Short-Listed Proposers from the First Phase will be held confidential by the Score Clerk until the evaluations and scoring of the Second Phase are complete. Notwithstanding the foregoing, if five (5) or fewer than five (5) Technical Proposals are received that pass the requirements for financial capacity, the District shall have the option, in the exercise of its sole and absolute discretion, to dispense with further short-listing and invite all responsive Proposers to participate in the Second Phase as hereinafter described.

As further described in Attachment No. 4 – “Proposal Requirements and Evaluation Criteria,” all Technical Proposals will be scored out of 1000 available points as follows:

a. Proposer’s Demonstrated Qualifications and Experience = 400 pts

b. Proposer’s Technical Approach/Program Management Plan = 300pts

c. Company Culture = 200 pts

d. Claims History = 100 pts

.2 Second Phase. In the Second Phase (“Second Phase”), interviews will be conducted of the Short-Listed Proposers (“Technical Interviews”). Technical Interviews will be evaluated and scored by the District’s evaluators conducting the Technical Interviews.

As further described in Attachment No. 4 – “Proposal Requirements and Evaluation Criteria,” all Technical Interviews will be scored out of 1000 available points as follows:

a. Quality of Proposer’s Presentation = 300 pts

b. Proposer’s Response to Questions = 400 pts

c. Key Personnel’s Ability to Communicate/Interpersonal Skills = 100 pts

d. Demonstrated Knowledge = 200 pts

At the conclusion of the Second Phase, the scores received by the Short-Listed Proposers for the Second Phase will be submitted to the Score Clerk, who will add the total scores from the First Phase and Second Phase to arrive at a single, overall total score for each Short-Listed Proposer for the First and Second Phases. Based on their total final scores, the Short-Listed Proposers will then be ranked from highest to lowest (highest score being the first in rank) and the resulting final rankings announced.

.3 Third Phase. After evaluation and scoring of the First and Second Phases are completed, the Staffing and Pricing Proposals received from the Short-Listed Proposers will be opened and reviewed by the District. The District, in its sole and absolute discretion, shall have the option to immediately accept the Technical Proposal and Staffing and Pricing Proposal submitted by the highest-ranked Short-Listed Proposer, or to conduct negotiations for the purpose of establishing agreed terms relative to pricing (including, but not limited to, the limits set forth in Paragraph 2.3.7 above), staffing, and scope of services that are fair and reasonable (“Negotiations”). As part of the Negotiations, the District may, but assumes no obligation to, engage in trade-offs (give and take) in regard to the terms of a Proposer’s Proposals, including, without limitation, staffing, personnel, price, hourly rates (including, without limitation, possible adjustments in Agreed Hourly Rates), and scope of Services.

The District will first attempt to negotiate an agreement with the highest-ranked Proposer. If the District is unable to do so, the District may, in its sole and absolute discretion, either formally terminate Negotiations with that Proposer and undertake Negotiations with the next highest-ranked Proposer, continuing that process until an agreement is reached, or may, in its sole and absolute discretion, engage in continuing and parallel Negotiations with some or all of the other Short-Listed Proposers.

2.3.11 Basis of Award. The District intends to make an Award, if any, to the Proposer that the District determines, in the exercise of its sole and absolute discretion, represents the most advantageous proposal to the District taking into consideration with the evaluation criteria and process set forth in this RFP. District reserves the right to Award to any, or none, of the Proposers.

2.3.12 .[Reserved]

2.3.13 Non-substantive Clarifications to Proposals. The District may, but assumes no obligation to, communicate, verbally or in writing with a Proposer directly and without notice to, or participation by, other Proposers, and without providing similar opportunities for other Proposers, for purpose of obtaining minor, non-substantive clarification of certain aspects of a Proposal or of the Proposer’s capability to perform (such as, without limitation, the relevance of past performance information) and addressing minor irregularities, informalities, or apparent clerical mistakes in a Proposal (“Clarifications”).

2.3.14 Immediate Award. Proposers are advised that Award may be made without

Clarifications or Negotiations. Proposals should therefore be submitted initially on the most favorable terms possible, from a qualifications, technical, staffing, scope of services, and pricing standpoint.

2.3.15 Local, Small, Emerging, and Disabled-Veteran (LSEDV) Participation. The District is committed to maximizing the participation of Local, Small, Emerging, and Disabled-Veteran (LSEDV) owned businesses in the Bond Program. The Board has established goals and policies that apply to all Build Program contracts. Accordingly, the District considers this an important factor in selection of the successful Proposer and has included it among the Proposal Requirements and factors that will be evaluated and scored in the evaluation of Technical Proposals as further described in Attachment No.

4 – “Proposal Requirements and Evaluation Criteria.”

2.3.16 Company Culture/Corporate Social Responsibility. The District expects its vendors, consultants, and contractors to demonstrate corporate social, economic and environmental responsibility as “good citizens” of the community. Consistent with this expectation, Proposers are being asked as part of their Technical Proposals to describe their commitment to creating a company culture of “Corporate Social Responsibility”, which may include the following: (1) contributions, financial or otherwise, of a philanthropic, charitable, or altruistic nature to promote the welfare and well-being of the community, (2) policies and practices of sustainability to protect and preserve the environment and efficient use of resources; (3) ethical labor practices, including providing living wages and opportunities for advancement; and (4) encouragement of, and engagement in, volunteer activities. The District considers this an important factor in selection of the successful Proposer and has included it among the Proposal Requirements and factors that will be evaluated and scored in the evaluation of Technical Proposals as further described in Attachment No. 4 – “Proposal Requirements and Evaluation Criteria.”

2.3.17 Internships. The District requires that the Program Manager provide, at no cost to and without reimbursement by the District, paid internships for currently-enrolled and qualified students (including undocumented students) of the District’s Colleges. Internships shall be provided in areas that offer opportunities the student interns to be exposed to and participate in real-life situations involving the performance of professional services, rather than exclusively clerical tasks. Program Manager shall make, provide, and maintain a minimum number of twenty (20) internships at all times during performance of the Program Management Agreement. The District considers this an important factor in the selection of the successful Proposer and accordingly has included it among the factors that will be evaluated and scored in the evaluation of the proposers response to the Company Culture/Corporate Social Responsibility requirements for Technical Proposals further described in Attachment No. 4 – “Proposal Requirements and Evaluation Criteria.”

2.3.18 [Reserved]

2.3.19 Office Location. As described in Section 1.16 of the Program Management Agreement, employees and Subconsultants of the Program Manager shall conduct all program management Services for the Bond Program on and from the premises of the District’s offices located at 1055 Corporate Center Drive, Monterey Park, California 91754.

2.4 MISCELLANEOUS

2.4.1 Public Records Act. Proposals will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been approved by the District's Board of Trustees. All proposals submitted will become the property of the District. The Proposer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any Proposer claiming such an exemption must also state in the Proposal that “the proposer agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, , Los Angeles City College, East Los Angeles College, Los Angeles Harbor College, Los Angeles Mission College, Pierce College, Los Angeles Southwest College, Los Angeles Trade-Technical College, Los Angeles Valley College, West Los Angeles College, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a Proposer to include such a statement will be deemed a waiver of any exemption from disclosure under the California Public Records Act. A blanket statement that all contents of the Proposal are confidential or proprietary will not be honored by the District. The Proposer’s identification of a document as “proprietary” or “confidential” does not automatically confer exclusion from disclosure under the California Public Records Act.

2.4.2 Ownership of Proposal. Proposals shall, upon submission, become property of the District and no portion of any Proposal will be returned by the District to the Proposer unless all of the following have occurred: (1) the portion is marked as “Proprietary and Confidential” in the manner required by Paragraph 2.4.1, above, (2) the Proposer has requested in writing in its Proposal that such portion be returned in the event the Proposer does not receive Award, and (3) within thirty (30) Days after Award the Proposer requests, in writing, that such portion be returned.

2.4.3 Proposer Licensing. As a condition of Award by the District of any Program Management Services Agreement to a Proposer, the Proposer shall have met, or will be required to meet prior to approval of such Award by the Board of Trustees (to be conducted on a date and time chosen by the District, in the exercise of its sole and absolute discretion), one of the following licensing requirements: (1) Proposer shall employ, on a full-time basis, an individual responsible for control, management, immediate direction and in charge of the performance of the Program Management Services Agreement, who is an architect or engineer duly licensed under the laws of the State of California to perform professional architectural or engineering services or (2) Proposer shall be a duly licensed general contractor under the laws of the State of California. The District may, in the exercise of its sole and absolute discretion, require that a Proposer submit evidence of compliance with the foregoing requirement in the form of a verification of licensure issued by the governing licensing board or agency of the State of California and if so requested such verification shall be submitted within such period of time as directed by the District, which period of time will be no shorter than the third (3rd) business day after request by District. In the event a Proposer is disqualified from Award by failing to meet the licensing requirements of this Paragraph 2.4.3, the District may in its sole and absolute discretion proceed with Award, if any, to the next highest ranked proposer.

2.4.4 Termination of CPLT, MATOC, and BTOC Contracts. No Proposer to whom Award is made, nor any firm related to or affiliated with such Proposer, shall at the time of execution of the Program Management Agreement, or at any time while performing the Program Management Agreement, contract to perform services as member of, or a consultant or subconsultant to, a CPLT and/or as a MATOC or BTOC consultant. In the event that Award is made by the District to a Proposer, or to any firm related to or affiliated with such Proposer, that has such a contract, such contract must be terminated within thirty (30) Days of request by District. With respect to any such contract that has been entered into by the District (such as, without limitation, a contract between the District and a CPLT or constituent member thereof), each Proposer shall be deemed to have consented to a termination of such contract by the District and shall be further deemed to have agreed, with respect to any termination required by this Paragraph 2.4.4, whether initiated by the District, Proposer, or others, that: (1) the District’s liability, if any, for a termination that involves a contract between the District and such party shall be limited to the amounts contractually owing by District pursuant to the termination for convenience provision of such contract; and (2) Proposer shall defend, indemnify, and hold harmless the Indemnitees (as defined in the Program Management Agreement) against any loss, liability, claim, or damage caused, directly or indirectly, to any third party resulting from such termination.

2.4.5 Iran Contracting Act. In accordance with Public Contract Code §2204 (a), each Proposer shall as a condition of entering into the Program Management Agreement certify and represent that at the time of submitting its Proposal and entering into the Program Management Agreement with the District, the Proposer was not identified on a list created pursuant to subdivision (b) of Public Contract Code § 2203 as a person (as defined in Public Contract Code §2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code §2202.5, or as a person described in subdivision (b) of Public Contract Code §2202.5, as applicable. Proposers are cautioned that making a false certification and representation may subject the Proposer to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code §2205.

ARTICLE 3

PROPOSER REPRESENTATIONS

Each Proposer submitting a Proposal in response to this RFP is deemed to have made the following representations:

3.1 Proposer represents that its Proposals fully comply with the requirements of the RFP Documents.

3.2 Proposer represents that each person who signed a document that is included in the Proposer’s Proposals was at the time of signing, and for the duration of Proposer’s participation in the RFP process provided for in these Instructions shall remain, authorized to so sign on behalf of and to bind the Proposer.

3.3 If the Proposer is a corporation, limited liability company, or limited partnership, Proposer represents that it is, and for the duration of Proposer’s participation in the RFP process provided for by these Instructions shall remain, registered with the Office of the Secretary of State for the State of California and authorized under Applicable Laws to conduct business in the State of California with a legal status determined by said Office of the Secretary of State of “active and in good standing.”

3.4 Proposer represents that it has carefully reviewed the Program Management Agreement and that the terms and conditions thereof are satisfactory to Proposer and represent in the opinion of the Proposer a fair and reasonable allocation and sharing of risks and responsibilities.

3.5 Proposer represents that it has carefully reviewed all of the Reference Documents listed in Attachment No. 5 – “Reference Documents” attached hereto and taken all matters disclosed thereby into consideration in preparing and submitting its Proposals.

3.6 Proposer represents that, at the time of submission of its Proposals, Proposer and each of its Subconsultants possesses each license that it is required to hold under the terms of the RFP Documents, as well as any other licenses (if any) that it is required by Applicable Laws to hold in order to perform those services that it anticipates it will be required to perform under the terms of the Program Management Agreement.

3.7 Proposer, being familiar with California Government Code §§1090 et. seq. and §§ 87100 et seq., represents that it does not know of any facts occurring in connection with the Proposer’s preparation for, or participation in, the herein described RFP process that constitute a violation thereof and has disclosed to District in Attachment No. 7 – “Acknowledgment of Addenda” any possible interests, direct or indirect, which Proposer believes any official, officer, agent, or employee of the District or any of its Colleges, or any department thereof, has that might cause such official, officer, agent, or employee to be “financially interested" (as that term is defined the aforecited statutes) in any decision made by District in connection with the procurement that is the subject of this Request for Proposal.

ARTICLE 4

RFP DOCUMENTS, SCHEDULE, AND PROCEDURES

4.1 RFP DOCUMENTS

4.1.1 RFP Documents. The documents that comprise this RFP consist of the following: (1) these Instructions to Proposers (including, without limitation, all attachments hereto); (2) all Reference Documents listed in Attachment No. 5 – “Reference Documents” attached hereto; and (3) all RFP Addenda (collectively, “RFP Documents”).

4.1.2 Copies. Proposers may download a complete set of the RFP Documents (except for documents for which a website link is provided within this RFP) free of charge at (click here) (click here). Proposers are solely responsible to download, print and/or arrange for any costs of reproduction and delivery of, any copies of such RFP Documents. The District assumes no responsibility for errors or misinterpretations resulting from the Proposers’ failure to obtain all RFP Documents from the District’s website.

4.1.3 Review. Each Proposer in submitting its Proposals acknowledges and understands its affirmative obligation to carefully and thoroughly examine all RFP Documents and other information furnished or made available by the District and to seek clarification of any portions thereof that: (1) constitute evident errors, omissions, conflicts, ambiguities, lack of coordination, or noncompliance with Applicable Laws or (2) indicate difficulties or obstructions that might affect its ability to perform under the Program Management Agreement. Failure by a Proposer to fully inform itself of such matters and to seek clarification in the manner required by the RFP Documents shall not relieve the Proposer from https://www.laccd.edu/offices/business-services/contract-services/bids-proposals its responsibilities under the Program Management Agreement nor serve as the basis for any claim by the Proposer that it was mistaken or misled in connection with the preparation of its Proposals.

4.1.4 Forms. Forms included with the RFP Documents shall be used by Proposers in the preparation of their Proposals. Information provided by Proposers on other forms in lieu of the forms provided in the RFP Documents may be disregarded.

4.1.5 Proposer Requests for Information/Questions. Requests for additional information, clarification of the RFP Documents, and/or questions regarding the RFP from Proposers (“Requests for Information”) must be received by the District by the deadline for submission of Requests for Information set forth in the RFP Schedule described in Section 4.2, below. Requests for Information received after that time will not be responded to. Requests for Information must be in writing and shall be delivered by e-mail, with the subject label “Request for Information on RFP No. 25-05” by 5:00 pm, March 21, 2025, to Ms. Dorothea Mc Farline, Procurement Manager at: MCFARLD@LACCD.EDU.

The District is not obligated to respond to any Requests for Information that the District judges, in the exercise of its sole and absolute discretion: (1) are received after the above-specified deadline; (2) are submitted in a manner other than as required by the RFP Documents; (3) are unintelligible; (4) are redundant to other questions responded to by District in an RFP Addendum; (5) seek information that is irrelevant to the subject matter of the RFP; (6) seek information that is already contained in the RFP;

or (7) involve weaknesses, errors, or omissions in a Proposal, whether observed or not observed by the District, it being the intent of the District that all such weaknesses, errors, or omissions, whether observed or not observed, are the sole responsibility of the Proposer. Information contained in a response to a Request for Information that is deemed by the District, in the exercise of its sole and absolute discretion, as being material to the RFP process will be set forth in an RFP Addendum and issued to the Proposer in accordance with the procedures set forth herein for issuance of RFP Addenda.

4.1.6 RFP Addenda/Responses to Requests for Information.

.1 Purpose. The District reserves the right, at any time (before or after submission of Proposals), in the exercise of its sole and absolute discretion, to change (by additions, deletions, or modifications), and issue clarifications or interpretations affecting the RFP Documents or RFP process.

Except as otherwise stated in the RFP Documents, such changes, clarifications, or interpretations will be made by issuance of an addendum to the RFP Documents (“RFP Addendum”) and if made in any other manner shall not be relied upon by Proposers and will not be binding upon the District. Nothing stated in this Paragraph 4.1.6, and (unless expressly stated otherwise in the RFP Documents) nothing stated elsewhere in the RFP Documents, shall be interpreted as obligating the District to issue an RFP Addendum informing the Proposers of any change to, or to clarifying any portion of, the RFP Documents or RFP process if the District judges, in the exercise of its sole and absolute discretion, that such change or clarification is immaterial.

.2 Notice. Notice of issuance of a RFP Addendum that is issued prior to the original or revised deadline for submission of Proposals shall be given only by posting on the District’s website at:. It shall be the responsibility of the proposers to check the website for addenda issued. All addenda issued shall become part of the RFP. Proposer’s acknowledgment of the addenda must be declared in the proposal. See Attachment No. 7 – “Acknowledgment of Addenda.”

mailto:MCFARLD@EMAIL.LACCD.EDU

.3 Responsiveness. All Proposals shall comply with and be responsive to all RFP Addenda issued prior to the applicable deadline in the RFP Schedule for submitting Proposals.

.4 Acknowledgement. Proposers shall acknowledge receipt and review of each RFP Addendum by completing and submitting with each of its Proposals completed form of Attachment No.

7 – “Acknowledgement of Addenda” listing in the manner required by said form each RFP Addendum that has been issued by the District. Failure to acknowledge receipt of each and every RFP Addendum issued by the District may be asserted by the District as grounds for determining a Proposal non-responsive.

.5 Noncompliance. Failure of a Proposer to obtain an RFP Addendum from the District’s website set forth above shall not: (1) relieve the Proposer from any obligation to comply with the requirements thereof; (2) relieve the Proposer from any obligation or conditions set forth in its Proposal;

(3) entitle the Proposer to an extension of the RFP Schedule; and (4) be considered as grounds for permitting the Proposer to modify its Proposal in a manner not expressly authorized by the RFP Documents.

4.2 RFP SCHEDULE

4.2.1 RFP Schedule. The following is the planned schedule of milestones for the RFP process, current as of the date of issuance of the Request for Proposal:

RFP MILESTONE DATE / DEADLINE

Issuance of Request for Proposals: Thursday, February 20, 2025

Mandatory Pre-Proposal Conferences:

Thursday, March 13 and Thursday, March 20, 2025 2:00 p.m.

Deadline for Pre-Submission Objections: Wednesday, March 19, 2025 5:00 p.m.

Requests for Information Deadline: Friday, March 21, 2025 5:00 p.m.

Pre-Proposal RFP Addenda Issuance Deadline: Thursday, March 27, 2025

Proposals Due Deadline: Wednesday, April 9, 2025 2:00 p.m.

Announcement of Short-Listed Proposers Thursday, May 8, 2025

Interviews Wednesday, May 13 through Friday, May 16, 2025 Please reserve date

Announcement of Final Ranking and (at District’s option) Issuance of Notice of Intent to Negotiate

Monday, May 19, 2025

Negotiations (optional) Wednesday, May 21, 2025 through Friday, May 23, 2025

Notice of Intended Award Tuesday, May 27, 2025

Award Wednesday, June 11, 2025 BOT Meeting

4.2.2 Proceedings. Except as otherwise required by law, all proceedings of District staff and the Evaluation Panel related to the RFP process shall be closed to the public.

4.2.3 Changes. The District reserves the right, at any time, to make adjustments in the form of additions, modifications, or deletions to the RFP Schedule. Such adjustments, if any, shall be made by RFP Addendum. References in the RFP Documents to the RFP Schedule or to dates in the RFP Schedule shall mean the RFP Schedule as so adjusted.

4.3 MANDATORY PRE-PROPOSAL CONFERENCE

A mandatory conference (“Pre-Proposal Conference”) with two sessions, will be conducted on March 13, and March 20, 2025, commencing promptly at 2:00 PM PST at the Boardroom, 770 Wilshire Boulevard, Los Angeles, CA 90017. Attendance at one of the sessions of the Pre-Proposal Conference is mandatory. The Pre-Proposal Conference will include a review and discussion of the mandatory submittal requirements necessary to prepare a responsive proposal to this RFP. As a result, failure to attend the Pre-Proposal Conference will disqualify a proposer from its submission being considered by the District. The District reserves the right to schedule additional mandatory or non-mandatory conferences upon advance written notice. Proposers shall be charged with/responsible for knowledge of all facts, circumstances, and other information that were made available at all such conferences.

Signing services for persons with disabilities will be provided if requested in writing at least three (3) business days in advance of a conference.

4.4 RFP PROCEDURES

4.4.1 Summaries. Summaries contained in the RFP Documents covering matters expressly addressed in more detail elsewhere in the RFP Documents are for the convenience of the Proposers and in all such instances the more specific, detailed provisions shall govern.

4.4.2 Conflicts. Notwithstanding the provisions of Paragraph 4.4.1, above, in the event of a conflict between the terms of the RFP Documents and any term or condition in the Program Management Agreement, the latter shall govern.

4.4.3 No Warranty. Proposers are solely responsible to satisfy themselves as to the suitability of any estimates, projections, budgets, design concepts, technical criteria, reports, surveys, test data, and other information provided by the District and nothing contained in the RFP Documents, or in any other information provided by the District, shall be construed as implying the creation or existence of any warranty, express or implied, on the part of the District with respect to the completeness, accuracy, or sufficiency thereof. Statements and other information contained in the RFP Documents indicating the size, scope, or types of facilities that are included in the Bond Program are for the convenience of the Proposers to familiarize them with the general nature of the facilities development under the Bond Program and should not be interpreted as necessarily indicative of the scope of facilities planning, design, or construction for which Proposers will be required to provide program management services under the Program Management Agreement, which may be greater or lesser than that which is indicated by such statements or information.

4.4.4 RFP Changes. The District reserves the right, exercised in its sole and absolute discretion, to change, by additions, deletions, or modifications, any portion of the RFP Documents at any time.

4.4.5 Conflicts of Interest/Vendor Code of Conduct. Proposer and each of its proposed Subconsultants shall sign and submit a completed form of Attachment No. 8 – “Conflict of Interest Certification” and Attachment No. 14 – “Vendor Code of Conduct Certification ”attached hereto with its Proposals. The District reserves the right to determine, in its sole and absolute discretion, whether any circumstances constitute a conflict of interest and/or violation of the Vendor Code of Conduct (See Attachment No. 13 – “Vendor Code of Conduct”) that may disqualify the Proposer or any Subconsultant from participating further in the RFP process. Proposers are furthermore responsible to familiarize themselves with the Vendor Code of Conduct and all District rules and requirements pertaining to conflicts of interest and ethical conduct by consultants and vendors, including, without limitation, to strictly comply with therewith in all aspects of their participation in the RFP process.

4.4.6 Unauthorized Communications. Unless and except requested to do so in writing either in response to a written request for clarification from District or as otherwise permitted by the RFP Documents, Proposers, including their proposed Subconsultants, shall not communicate, either verbally or in writing, with: (1) any member of the Evaluation Panel; (2) any consultant or professional retained by the District for the purpose of providing the District or College advice or professional services in respect to Program Management Services, the RFP process or the Award of the Program Management Agreement; or (3) any trustee, officer, employee or representative of the District or College with respect to any matter relating to the Program Management Services. This complete prohibition on communications shall be in full force and effect from the issuance of the RFP through execution of the Program Management Agreement following approval by the Board of Trustees in order to ensure the fairness and impartiality of the procurement process and avoid even the appearance of any potential impropriety. Should any such unauthorized communications occur during this process, the Proposer may be immediately disqualified from this procurement and the District may take any other necessary action it deems appropriate to preserve the integrity of the process, including but not limited to disqualification from any other affected procurement, termination of the procurement(s) and/or re-evaluation of any potentially impacted component of the procurement with replacement Evaluation Panel members. To further preserve the integrity and fairness of the procurement process, any request for feedback on the evaluation and selection process shall be directed only to the member of the District identified in the RFP Documents as the contact person for communications from Proposers whose contact information is: Ms. Dorothea Mc Farline District Procurement Manager, via email at mcfarld@laccd.edu or telephone contact at 213.891.2276.

4.4.7 Waiver of Irregularities.