RFP - Owners Representative Services Ref2024.docx - Google Docs (1).pdf

REQUEST FOR PROPOSALS

ForOwner’s Representative Services 2024

THIS IS NOT AN ORDER

VENDOR/BIDDER NAME & ADDRESS

PROPOSAL NUMBER:000_Owner’s Representative Services_2024

ISSUE DATE: August 12, 2024

DUE DATE: September 4, 2024 - 2:00 PM local time

IF NOT BIDDING,please check here and return this cover page only.

Prior to completing thisproposal, applicantsmust reviewtheentireRFP, including all exhibits and appendiceswithdueattentiongiventoSection 1.6–theAIAC104-2024StandardFormoftheAgreement.Allcapitalized termsintheRFPhave themeaningasdefinedhereinorintheattached C104 contract.

Unlessotherwisenoted, namesof all organizationssubmittingProposals will bepublicly availableafter thedateandtimespecifiedasthedeadline for submitting Proposals. Proposal abstract will be open to public inspection after award(s).

Madison Metropolitan School District, “District,” and “MMSD” are synonymous and mean the Madison Metropolitan School District. The MMSDreservestheright toaccept or reject anyor all bids/proposals,to waiveanyinformality or technicality inanybid/proposalsubmitted,andto accept anypart of abid/proposal deemedtobeinthebestinterestofthe District. The MMSDreservestheright toreject anyor all bids/proposals without indicating a reason for such rejection.

Any entity submitting a Proposal has no enforceable right toamendits Proposal after the submission deadline. Revisions to this request for Proposal, including due date, may be made by an official written amendment issued by Building Services.

Correspondence must reference the Request for Proposal number 000_Owner’s Representative Services_2024.

PROPOSAL SUBMISSION: All submitted Proposals must include ONE

(1) Original and SIX (6) paper copies, together with ONE (1) electronic.pdfandONE(1) electronic.docxversion e-mailedtoMike MacDonald, bsbidreceiving@madison.k12.wi.us. Proposal will also be accepted via US mail, hand delivery or adeliveryservice, andmust be received by Building Services at the above address. Proposals not date/timestampedbyBuildingServicesstaff bytheposteddateandtime shall be considered late and shall be rejected.

Anyentity submittingaBidhasnoenforceablerighttoamenditsBidafter thesubmissiondeadline. TheMMSDis exemptfromFederalExciseand Wisconsin State Sales tax.

SIGNATURE: __________________________________________________________________ DATE: ________________

TYPE or PRINT NAME: ________________________________________________________________________________

TITLE: _______________________________________________ TELEPHONE NUMBER: __________________________

FEIN or TAX ID NUMBER: _______________________________________ FAX NUMBER: _________________________

EMAIL ADDRESS: ____________________________________________________________________________________

Request for Proposal # 000_Owner’s Representative Services_2024| Owner’s Representative Services 1

The Madison Metropolitan School District, Building Services, requests Proposals for Owner’s Representative Services in accordance with the informationlistedbelow (more detailed descriptions may be attached to this document). Special Conditions of Proposal, Specifications, Itemized Proposal List, and Standard Terms and Conditions are contained herein. Questions MUST be emailed to Mike MacDonald, Assistant Director of Building Services Maintenance, at mmacdonald@madison.k12.wi.us. To formally submit your Proposalforconsideration,simplyprovidetheinformationrequiredbelow,sign,andreturnthisdocumentwith all other required documentation in accordance with the guidelines established herein. Your proposal will not be consideredcompleteunlessallitemsidentifiedinthe RFP are completed, signed, and returned.

By signingthisProposal,wecertifythatwehavenot,eitherdirectlyorindirectly,enteredintoanyagreementorparticipatedinanycollusionorotherwisetakenanyaction in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Proposal;thatthisProposalhasbeen independently arrived at without collusion with any other Proposal competitor or potential competitor; that this Proposal has not been knowingly disclosedpriortothe opening of Proposals to any other bidder or competitor; that the above statement is accurate under penalty of perjury:

The undersigned states that he/she is authorized to bind the firm and on its behalf, hereby agrees with all the terms, conditions, and specifications required by the Madison Metropolitan School District in this Request for Proposal, and declares that the attached Proposal and pricing are in conformity therewith.

Table of Contents

1. General Information 3

1.1 Introduction and Background 3

1.2 Purpose 3

1.3 Project Overview 4

1.4 Scope of Owner’s Representative Services 5

1.5 Schedule 9

1.6 Form of Agreement 9

1.7 Reimbursable Expenses 9

2. Selection Process 10

2.1 Proposal 10

2.2 Evaluation 11

2.3 Right to reject proposals and negotiate contract terms 12

2.4 Interview 12

2.5 Final Selection 12

3. Special Notes 13

4. Contract Term 14

5. General Terms and Conditions 15

6. Standard Terms and Conditions 16 Exhibit A – MMSD Board of Education Policy 6244 17 Exhibit B – MMSD Board of Education Policy 5000 19 Appendix A – Affirmative Action & Equal Employment Opportunity Policy Statement 21 Appendix B – Equal Employment Opportunity/Affirmative Action Employer Information Report 26 Appendix C – Equal Employment Opportunity/Affirmative Action Employer Information Form 27 Appendix D – Bid Form 28 Appendix E - Tentative Project Phases, Conceptual Site Drawings, & Additional Project Information 30

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1. General Information

1.1 Introduction and Background

The Madison Metropolitan School District department of Building Services, 4711 Pflaum Road, Madison, WI 53718 is requesting proposals for Owner’s Representative services in accordance with the specifications and conditions outlined herein.

Approximately 25,000 students, over 50% of which are minority, are currently enrolled in the Madison Metropolitan School District, making it the second largest school district in the State of Wisconsin. The District employs over 2,600 teachers, 145 administrators, 1,300 support personnel, and more than 2,500 part-time staff. The Madison Metropolitan School District (MMSD) encompasses approximately 65 square miles covering all or parts of Madison, Fitchburg, Maple Bluff, Shorewood Hills, and the towns of Blooming Grove and Burke. MMSD operates 32 elementary schools, 12 middle schools, 4 comprehensive high schools, 2 alternative high schools, and a multitude of MSCR and alternative programs at MMSD facilities and leased sites.

MMSD believes every school should be a thriving school that prepares each student to graduate from high school ready for college, career and community. We strive to ensure that students are on-track to graduate, that every student has access to a challenging and well-rounded education, and that students, families and employees experience a positive school and district climate. The District’s strategic framework recognizes the need to close opportunity gaps, and ensure all of our scholars thrive. It details our vision, goals, core values, strategy, and specific actions we are taking as a district to raise achievement, making sure our students experience thriving cultures and climates that lead to healthy identity development, and holding high expectations for all.It is important for any vendor or organization working with the District to share in this vision for our students.

Because of the District’s sound financial management practices, Madison is one of only a few Wisconsin districts to have an “AA+” long-term bond rating.

1.2 Purpose

Madison Metropolitan School District seeks to retain qualified Owner’s Representative Services for the 2024 bond-funded capital maintenance and improvement work outlined in this Document. The selected entity will act as a liaison between and among the District, Architect, Construction Manager, Contractors, and other interested parties. Proposals should be as complete and accurate as possible, contain data relevant to public K-12 educational sector projects, and be provided by the due date indicated in the advertisement for proposals to be considered.

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1.3 Project Overview

The Referendum 2024 work is the bonded project total of$507,000,000and is referred to as ‘The Project.’ The Project consists of new construction, additions to and renovations of seven MMSD sites with the following basis of construction budget values:

NEW CONSTRUCTION (BUILD NEW ON SITE AND DEMO EXISTING BUILDING):

Malcolm Shabazz City High School/Sherman Middle School $108,300,000

Black Hawk Middle School/Gompers Elementary School $ 84,200,000

Toki Middle School/Orchard Ridge Elementary School $ 90,800,000

Cherokee Middle School $ 70,600,000

Sennett Middle School $ 89,000,000

RENOVATE EXISTING BUILDINGS:

Milele Chikasa Anana Elementary School $ 31,900,000

Crestwood Elementary School $ 32,200,000

TOTAL $507,000,000

The Owner's Representative will represent the District’s interests and provide advice, guidance and professional opinions pertaining to design, constructability, project coordination, and management of the Project timeline. It is expected that all the sites included in the Project will be substantially completed, with certificates of occupancy (COs), per the construction schedule with precise dates to be determined.

● TENTATIVE PROJECT SCHEDULE:

○ Pre-Referendum Project Planning – 10/24 to 11/24

○ Phase I: Sherman-Shabazz/Black Hawk-Gompers – 11/24 to 10/27

■ Design and Approvals: 11/24 - 11/25

■ Bid Opening: 1/26

■ Construction: 2/26 - 7/27

■ Move-In to New Building: 8/27

■ Demo of Original Building and Site Work: 6/27 - 10/27

○ Phase II: Toki-Orchard Ridge/Cherokee – 1/25 to 10/28

■ Design and Approvals: 11/25 - 11/26

■ Bid Opening: 1/27

■ Construction: 2/27 - 7/28

■ Move-In to New Building: 8/28

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■ Demo of Original Building and Site Work: 6/28 - 10/28

○ Phase III: Sennett/Anana/Crestwood – 10/26 to 10/29

■ Design and Approvals: 11/26 - 11/27

■ Bid Opening: 1/28

■ Construction: 2/28 - 7/29

■ Move-In to New Building: 8/29

■ Demo of Original Building and Site Work: 6/29 - 10/29

● Project Conceptual Site Drawings and Information:

○ See Appendix E

1.4 Scope of Owner’s Representative Services

All the terms and conditions set forth in the C104 Contract and this RFP define the scope of the Owner’s Representative Services, including but not limited to the following:

● Pre-Referendum Scope of Services:

○ Review MMSD’s Referendum 2024 plans and all other MMSD supplied planning materials.

○ Review scope/program and costs, and understand MMSD’s goals for the Project.

○ Review ‘Lessons learned’ from MMSD Referendum 2020 and implement recommendations.

○ Assist with the drafting of RFPs for, and the selection of, the Architect(s), Engineers, Construction

Manager(s) and Abatement Consultants for the Project.

○ Attend community input sessions as needed with an allowance of at least ten (10) sessions.

○ Attend City of Madison meetings as necessary.

○ In coordination with MMSD, present Project status updates at monthly Board of Education meetings; topics include communicating Project requirements, elaborating on the Project budget, and Project scope/schedule updates.

○ Provide Status Reports, Meeting Minutes and Related Documentation of the Project.

○ Review overall Project schedule and individual project schedules.

○ Develop and maintain the overall Project budget and individual project budgets.

● Schematic Design (SD) Scope of Services:

○ Continuation of all pre-referendum scope listed above.

○ Establish MMSD, A/E, and CM’s central points of contact for coordinating Project activities including approvals, maintenance of project records, responses to inquiries from consultants, suppliers and contractors, transfer of information to decision makers, coordination of project information flow, and progress reports to MMSD, the MMSD Board of Education and the general public.

○ Coordinate with CM on master Project budget to be tracked from start to completion of the project.

○ Manage Project budget outside of the CM contract, including allowances, owner soft costs, and any other specific line items.

○ Maintain accountability to the master Project budget, assist MMSD with allocation of funding sources, identify cost savings and design options/products.

○ Monitor potential cost issues to avoid value engineering at the end of the design process.

○ Serve as liaison with MMSD staff in all budget matters. Owner's Representative is to maintain, track and coordinate use of any project reserve accounts with the MMSD.

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○ Assist CM, A/E and MMSD with phasing schedules which will include design process, regulatory approvals, bidding and construction.

○ Coordinate and document stakeholder input sessions with school staff, food services, MMSD trades, A/E and CM. Consult and gain approval from MMSD Planning Team on any design and budget alterations from stakeholders.

○ Assemble owner’s guideline specifications and coordinate with Project contract documents.

○ Compile master schedule milestones for all design phases, design review and bidding activities.

Ensure that these project milestones are accounted for in project contract documents.

○ Review all applications for payment from MMSD’s consultants, designers, and engineers, and provide recommendations to MMSD for approval/revision/rejection.

● Design Development (DD) Scope of Services:

○ Continuation of all pre-referendum and SD scope listed above.

○ Provide appropriate design feedback from stakeholders to the design team.

○ Evaluate proposed building systems as to quality, first cost and life cycle cost, constructability, and availability.

○ Coordinate technology to align with MMSD Tech Services standards. Assist with the selection of consultants and vendors.

○ Schedule and attend all design review meetings, review the design professional’s agenda and minutes for accuracy and correct any errors within such documents.

○ Assist with the selection of consultants that are not traditionally part of an architect/engineer/general contractor’s consultant team but will have contracts with MMSD, such as third party testing and inspections, FF&E, technology, etc. Align the selection process with MMSD’s established procurement policies.

○ Identify all State and Local agencies involved in the Project review process and regulatory approvals, and oversee the submittal process. This will include coordination of all utilities, road improvements, and site development requirements.

○ Coordinate the design review of in-progress drawings/specs with MMSD for review, prior to proceeding to Construction Documents. This includes consulting with the owner on issues which impact the constructability and feasibility of the Project.

● Construction Documents (CD) Scope of Services:

○ Continuation of all pre-referendum, SD, and DD scope listed above.

○ Assist A/E, CM and owner with the assembly and coordination of Contract Documents developed from owner’s Guideline Specifications.

○ Assist A/E, CM and owner with the assembly and coordination of Environmental and Asbestos

Abatement documents.

○ Assist and coordinate project submittals and deadlines for State and Local agency reviews.

○ Coordinate the review of construction documents/specifications and cost estimates for MMSD approval.

○ Coordinate acceptance of the Construction Documents and finalize pricing.

○ Assist MMSD with solicitation and Building permit review and approval.

● Assist with the Bidding Process:

○ Collaborate with MMSD to solicit bid participation from qualified CM, A/E, Abatement Contractors and subcontractors.

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○ Attend pre-bid walk-throughs.

○ Coordinate and participate in Bid Openings.

○ Assist with creation of scoring rubrics and evaluation of proposals.

○ Assist with writing interview questions and participate in interviews of consultants and contractors.

○ Compile any budgetary impacts of bid results and communicate to the MMSD.

○ Prepare documents for MMSD BOE approval and attend Board meetings as needed.

○ Assist with contract negotiation with successful bidders.

● Construction Phase Scope of Services:

○ Continuation of all pre-referendum, SD, DD, CD scope listed above.

○ Assist the CM with site utilization plans, especially for occupied sites.

○ Attend pre-construction meetings and weekly job site meetings, providing overview reports to

MMSD.

○ Maintain a shared file of all contract documents, including contracts with architects and contractors, plans and specifications, correspondence, meeting notes, reports and change orders.

○ Serve as liaison between end users/stakeholders and MMSD Building Services when requests to add scope, questions, etc arise.

○ Through on-site construction observation, ensure conformance to codes and Project design specifications, and that the appropriate means and methods of construction are applied.

○ Provide on-site construction analysis as required to resolve discrepancies between the Project design team, architects, and contractors.

○ Provide photo documentation of projects, illustrating work progress and construction techniques or hidden aspects of the project for future use in renovations and repairs.

○ Update master schedule milestones for purchase of major equipment, lead times for fixtures and equipment, coordination of activities outside construction, and coordination of key decision points with MMSD.

○ Provide the initial review of all change orders and potential cost issues, working with contractors, architect, and owner to provide recommendation for approval or denial.

○ Facilitate conversations between the Project team and the municipality/Authorities Having Jurisdiction (AHJ).

○ Oversee all required inspections, and ensure all violations are corrected, to allow for the issuance of a final certificate of occupancy (CO).

○ If a building requires immediate occupancy, and appropriate inspections are not complete but a temporary certificate of occupancy (TCO) is issued, ensure that the TCO is renewed or that a permanent CO is awarded within the timeline established by the AHJ.

○ Recommend any special testing needed in coordination with architects/engineers.

○ Witness and document written guarantees, warranties, service records, quality assurance testing, inspection, and commissioning procedures.

○ In collaboration with the architect, review punch lists and monitor project close out documents to insure successful Project completion.

○ Participate in construction contract close-out activities including final payment and release of retainage.

● Moving Scope of Services:

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○ Procure and schedule moving services in accordance with existing MMSD procurement policies, and coordinate with any in-house MMSD staff utilized for moving throughout the Project.

● Close-Out of the Project:

○ Facilitate post-occupancy meetings between Project team members and stakeholders to ensure seamless handover of projects to MMSD.

○ Coordinate and attend MMSD staff training on all systems, including, but not limited to, mechanical, lighting, plumbing, electrical, fire alarm, sprinkler, new equipment, etc. Verify that MMSD staff has been adequately trained in systems. Consider training that occurs over multiple sessions, in lieu of comprehensive training sessions that cover too many topics at once.

○ Coordinate transfer of stock supplies of materials to MMSD as indicated in the specs or construction agreement.

○ Assist MMSD in the collection of all close-out documents and the acceptance of punch lists, Operational/Maintenance Manuals, warranties, copies of electronic construction drawings (including any as-builts or mark-ups by contractor during construction), specifications, shop drawings, construction directives, photos, and videos.

○ Provide description of final costs with record of expenditures.

● Warranty Period:

○ Assist MMSD with tracking warranty periods. If an extended warranty is considered, assist

MMSD with understanding the cost and value associated with extended warranties, to evaluate if MMSD wants to consider them for an additional cost.

○ Coordinate with contractors to resolve warranty issues after substantial completion throughout the Project phases.

○ Coordinate one year 10-month warranty walk; ensure that it is thorough, and all necessary parties are in attendance; ensure any issues are resolved in a timely manner.

○ Schedule the additional warranty walkthroughs as required (e.g., 23- month walk through).

○ Track energy performance against design goals for one year after completion and, if the building is not meeting design goals, assist the owner with determining cause and implementation of remediation.

○ Assist MMSD with building issues/complaints during warranty periods and determine necessary steps to address these items.

● General Project Assistance:

○ Coordinate and document communications with and among the MMSD, Design Team, Construction Team, and other stakeholders.

○ Utilize an MMSD approved construction management software, to be used by all stakeholders.

○ Manage and document all project meetings.

○ Document and coordinate any request for information and the responses from MMSD.

○ Document and coordinate any MMSD request for changes to the project and responses from the Contractor.

○ Perform claim analysis and coordinate Construction payment requests.

○ Collaboratively with MMSD, provide monthly project updates to the MMSD Board of

Education throughout the entire project.

○ Research available Federal, State and Local energy rebates and sustainability incentives. Assist with the Application process for selected programs related to The Project.

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1.5 Schedule

Date Event

8/12/2024 Date of RFP Issue

8/23/24 Last Day to submit written Questions/Inquiries – 10am Deadline

8/28/24 Responses to Questions/Inquiries sent to planholders

9/4/2024 Proposals due from Owner’s Rep firms

9/12/2024 - 9/13/2024

MMSD interviews with Owner’s Rep firms

9/20/2024 Notice of Intent to Award

9/30/2024 Board of Education Approval

Following the proposal deadline, the District shall review and evaluate proposals and submissions. The District may select one or more proposing firms for interview. Proposals shall be reviewed by Madison Metropolitan School District, with a recommendation to the School Board for approval. A final award shall be subject to entry into a formal written contract between the selected firm and the district.

1.6 Form of Agreement

AIA C104-2024 Standard Form of Agreement Between Owner and Owner’s Representative, as modified by this RFP, forms the basis of Contract between the Owner and Owner’s Representative. Upon Notification of Award to the successful bidder, the Madison Metropolitan School District and the selected bidder will negotiate an AIA C104 Contract, which the Owner’s Representative agrees shall incorporate:

● Owner’s Representative Scope of Work, set forth in Sections 1.3 and 1.4 of this RFP.

● The Terms and Conditions set forth in Section 5 and Section 6 of this RFP without modification and which shall take precedence over the terms of the C104 and A132.

● The Owner’s Representative’s Proposal: 000_Owner’s Representative Services_2024.

● Contract link:AIA C104-2024 Contract

1.7 Reimbursable Expenses

As an element of the fee proposal, provide the cost/charge basis for expenses in addition to the compensation for Basic Services that are customary for your operations.

• Successful bidder to provide a monthly report for all Approved reimbursable expenses with invoice.

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2. Selection Process

2.1 Proposal

Proposals must be received by September 4, 2024 at 2:00 PM (CST). Each firm submitting a proposal must submit six (6) physical copies, together with one (1) original .docx and (1) PDF version via email at bsbidreceiving@madison.k12.wi.us. Proposals shall be clearly marked “Proposal for Owner’sRepresentative Services 2024”and shall clearly identify the proposingfirm submitting the proposal.

Physical proposals should be typed and submitted on 8.5 by 11-inch paper bound securely with numbered pages.Proposalsshouldbeorganizedandpresentedintheorderandbythenumberassignedbelow.Complete theBidForm(AppendixD)andeachsectionofAppendicesA,BandCasindicatedontheFormsandsignwhere required.

Proposals must be organized and tabbed with the following headings:

a. Cover letter- Include Owner’s Representative firmname and contact information.

b. Profile ofCompany -Includethesizeofthefirm,typeoffirm,firmbackground,numberofemployees (FTE’s), years of operation, customer base and location from which work on this project will be performed. Please provide a list of all projects within the last five years where the firm was Project Manager or Owner’s Representative. Include any relevant information on qualifying disadvantaged business (MBE/WBE) certifications.

c. ProfileofIndividuals-Listteammemberswhowillprovideservicesandbillablerates,identifyingproject manager(s) and key members. This may be presented intheformofverybriefpersonalresumes.The profile should clearly convey previous relevant experienceandprovideclearreferencetotherequired qualifications listed. Also include a list of any subconsultants planned to be used in execution of this work.

d. ProposedApproach -Provideadescriptionofyourworkapproachtothetasksandobjectivesdetailedin theRFP.Pleaseidentifyconcepts,techniques,andtoolsyouintendtoutilizeontheseprojects.Provide detailsregardingyourin-housepreconstructionandconstructionphaseservicesandtheapproachyour firm would use to achieve MMSD’s objective. Provide a description of all additional subcontractsand associations with others that you plan toutilizeintheperformanceofthiswork.Explaintheintended use and responsibility of each entity.

e. QualificationsandExperience -Detailyourfirm’sexperienceasOwner’sRepresentativeforsimilar-sized projectsinthelasttenyears.Pleaseshareyourexperienceworkingwithvariousconstructionmeansand methods.

f. References - List references from at least three relevant clients for whom comparableworkhasbeen performed:includecontactnames,address,telephonenumberandemail,andprovidedescriptionand dates of service. Please provide names of architect and contractor.

g. CostProposal -CompletethecostproposalBidForm(AppendixD)andprovideatotalfeefortheabove referenced services. In reference to the proposed project schedule, provide the total or basis of compensationforeachphaseoftheprojectandprovideatotalfeeforthetotalscopeofallservices.List

Request for Proposal # 000_Owner’s Representative Services_2024| Owner’s Representative Services 10 reimbursable expenses separately for items such as transportation, housing, printing, and other consumablesperdiem.Theproposedcostmustbewrittenoutinwordsandfigures.Incaseofconflict, the written word cost will prevail. In case the figures do not match,thefiguresresultinginthelower price shall be deemed the price intended and applicable.

h. Legal Records- Lawsuits filed against your companyover the past ten (10) years.

i. Contract Compliance- Executed AA/EEO Sections, AppendicesA, B and C.

j. Voluntary Alternates - Prospective Owner’s Representative firms may, at their discretion, suggest additionalservicesnotexplicitlyrequestedbythisRFP.Theproposalsshouldincludeline-itemcostsfor anyadditionalservices.PleasenotethatadditionalservicesmayormaynotbeawardedbytheOwner and that costs for additional services are excluded from the base proposal.

2.2 Evaluation

ProposalsshallbeevaluatedbyaDistrictselectioncommitteeandassignedscoresonthebasisoftheevaluation criteria listed below:

TAB HEADING POINTS

a. Cover Letter Mandatory - 0 Points

b. Profile of Company 15 Points

c. Profile of Individuals 15 Points

d. Proposed Approach 20 Points

e. Qualifications and Experience 20 Points

f. References 10 Points

g. Cost Proposal 20 Points

h. Legal Records Mandatory - 0 Points

i. Contract Compliance Mandatory - 0 Points

j. Voluntary Alternates Optional - 0 Points

Total Possible Proposal Points: 100

a. From the Proposals submitted, the top three scoring firms will be placed on a list of qualified pre-selected Owner’s Representative Firms that Building Services may contact for an interview.

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b. A maximum of 20 possible points may be added to a Firm’s Proposal Score based on an evaluation of the Interview (making the total possible points 120 after the interview).

c. Contracts and Proposal evaluation and execution process will follow MMSD Board of Education Policy 6244 (EXHIBIT A). Construction Bids will be evaluated and process as noted in MMSD Board of Education Policy 5000 (EXHIBIT B)

Diverse-owned businesses are encouraged to participate in this solicitation and may receive a 5% preference. To qualify, vendors must be certified by the Wisconsin Supplier Diversity Program or participate in the Wisconsin Diversity Procurement Network.

2.3 Right to reject proposals and negotiate contract terms

The District reserves the right to reject any and all proposals and to waive minor irregularities and technicalities. The judgment of the District on such matters shall be FINAL. The District further retains the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the District may negotiate a contract with the next highest scoring proposer.

2.4 Interview

Building Services may invite qualifying candidates to a final interview.

Selected firms shall be prepared for a 60-minute interview with the MMSD Evaluation Team.

2.5 Final Selection

Selection is a qualifications-based process using the system identified in RFP Section 2.2.

Upon completion of the evaluation and interview, the selection committee may select one of the firms and begin negotiations for services.

Building Services also reserves the right to restart the RFP process if deemed necessary.

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3. Special Notes

Prices quoted should not include federal excise or transportation taxes, nor State or sales tax as the MMSD is exempt from such taxes. An exemption certificate will be furnished if required.

To the extent permitted by law, it is the intention of the District to withhold the contents of proposals, contracts, if any, and any other submitted documents, from public view until such times as the competitive or bargaining reasons no longer require non- disclosure (or other reasons support nondisclosure) in the opinion of the District. After that time, all proposals, and any resulting contracts, and all other submitted documents in connection with this RFP, may be available for review in accordance with Wisconsin Open Records Law, to the extent permitted by law.

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4. Contract Term

This contract will be issued for the period ofOctober2024 through October 2029. This period shall bereferred to as the “Contract Term.” The District reserves the right to renew this contract for two (2) additional one-year periods. It is understood that work under individual Contracts issued may not be completed during the Contract Term: however, all terms and conditions of this Contract, including all rights and obligations, shall survive until the work is completed.

The District reserves the right to cancel a contract at any time by giving thirty (30) days written notice. The contract term may be amended due to accelerated project schedules or in the event referendum vote fails. The contract may be cancelled for failure of performance or compliance with any of the conditions or specifications as set forth in this Contract.

Contracts issued during this time, may continue beyond the period noted herein. The intent being to have continuity of design for projects assigned for contracts awarded.

This is not intended to be an exclusive contract. The District may, at its sole discretion, issue RFP’s for specific work and/or award work to others.

Contracts are to be Percentage of Cost of the Work, unless noted otherwise or negotiated prior to issuance of a contract, in which compensation is calculated by applying the proposed percentage to the estimated or actual cost of the Work, whichever is most certain at the time of the calculation is made.

If a project does not proceed, the contract will be terminated and compensation shall be calculated based upon the actual work completed.

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5. General Terms and Conditions

The School Board of the Madison Metropolitan School District reserves the right, at its discretion and based on what it determines to be in its best interests, to accept or reject all RFP submittals; to void this RFP and the review process and/or to terminate negotiations with any or all responding parties at any time; to select a final party or parties from among the proposals received in response to this RFP, and to negotiate terms with the selected proposer. All RFP terms, elements, requirements, and schedules are subject to change and modification, at the discretion of the District. The District further reserves the unqualified right to modify, suspend, or terminate at its sole discretion all aspects of this RFP process, to obtain further information from all responding parties, and to waive any defects or irregularities as to form or content of the RFP or any responses by any party.

All submitted proposals and information shall be the exclusive property of the MMSD.

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6. Standard Terms and Conditions

1. GENERAL: Conditions of Proposal which include the “shall” or “must”describeamandatoryrequirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. Ifnobidderisableto complywithagivenspecification,conditionofProposalorprovideaspecificproductontheItemizedProposalList, the MMSD reserves the right to delete thatspecification,conditionofProposaloritem.Unlessotherwisenoted, names of all organizations submitting Proposals willbepubliclyavailableafterthedateandtimespecifiedasthe deadline for submitting Proposals. Proposal abstract will be opentopublicinspectionafteraward(s).Revisionsto thisrequestforProposal,includingduedate,maybemadebyanofficialwrittenamendmentissuedbyPurchasing Services.

Correspondence must reference the Request for Proposal number. “Madison Metropolitan School District,” “District,”and“MMSD”aresynonymousandmeantheMadisonMetropolitanSchoolDistrict.TheMMSDreserves the right to acceptorrejectanyorallbids/proposals,towaiveanyinformalityortechnicalityinanybid/proposal submitted,andtoacceptanypartofabid/proposaldeemedtobeinthebestinterestoftheDistrict. TheMMSD reserves the right to reject any or all bids/proposals without indicating a reason for such rejection.

2. CHANGES AND WITHDRAWALS: The MMSD reserves the right to change due dates and openings foritsown convenience and to withdraw solicitations at any time without prior notice.

3. PUBLIC RECORDS ACCESS: It is the intention of the MMSD to maintain an open and public process in the solicitation, submission, review and approval of procurement activities. Bid/proposal openings are public unless otherwise stated. Records are not generally available until after an award has been made.

4.RESPONSIVENESSANDRESPONSIBILITY: Awardwillbemadetotheresponsibleandresponsivebidder/proposer whose bid is most advantageous to the MMSD with priceandotherfactorsconsidered.Forthepurposesofthis project, responsiveness is defined as conformance to the requirements of the solicitation and the furnishing of information requested.

Responsibilityisdefinedasthebidder's/proposer’spotentialabilitytoperformsuccessfullyunderthetermsofthe proposedcontract.Briefly,aresponsiblebidder/proposerhasadequatefinancialresourcesortheabilitytoobtain said resources; can comply with required delivery taking into account other business commitments; has a satisfactory performance record; has a satisfactory recordofintegrityandbusinessethics;andhasthenecessary organization, experience and technical skills.

TheMMSDreservestherighttorefusetoacceptanybidorproposalfromanyperson,firmorcorporationthatisin arrears or is in default to the MMSD, orhasfailedtoperformfaithfullyanypreviouscontractwiththeMMSD.If requested,thebiddermustpresentwithinfive(5)workingdaysevidencesatisfactorytotheMMSDofperformance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder's ability to comply with the terms of this solicitation document.

5. AWARD CRITERIA: In comparing bids/proposals and making awards, the MMSD may consider such factorsas relativequalityandadaptabilityofsuppliesandservices,bidder/proposerfinancialresponsibility,skill,experience, record of integrity, and ability to furnish repairs and maintenance services, the time of deliveryorperformance offered,contractcompliancerequirements,andanyotherelementorfactorinadditiontothatofthepricewhich would affect the final cost to the MMSD and whether the bidder has complied with the specifications.

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Exhibit A – MMSD Board of Education Policy 6244

POLICY PROCUREMENT 6244 Purchase and/or Contracted Services Limitations 1. All purchases and/or contracted services in excess of $35,000 shall be approved by the BOARD and shall be based on proposals, quotations or advertised bids unless it meets one of the exceptions set forth in Procedure. If a quotation, bid or proposal has been approved by the BOARD, the SUPERINTENDENT or his/her designee can consummate and approve the contract without further BOARD action. 2. Purchases, including all curricular learning materials, in an amount less than $35,000 shall be governed by Procedure. PROCEDURE PROCUREMENT 6244 Purchase and/or Contracted Services Limitations 1. A purchase or contracted service in the amount of $2,000 or less may be made at the discretion of the PRINCIPAL or departmental EXECUTIVE DIRECTOR, who may also sign the contract memorializing the terms of service if, and only if, the person signing is the manager of the budget used to pay and the contract is on a form approved by legal counsel. 2. Any purchase and/or contracted service of $10,000 or less not described in paragraph 1 above, may be made at the discretion of the SUPERINTENDENT or designee, following DISTRICT procurement practices and/or with a contract executed as provided in the BOARD’S Policy and Procedure Definitions. 3. Any purchase and/or contracted service in excess of $10,000 up to $35,000 may be made at the discretion of the SUPERINTENDENT and/or his/her designee and shall be supported by at least three price quotations, by advertised bids, by a formal competitive solicitation, or by other evidence that the purchase or contracted service is being provided in a fiscally responsible manner such as by meeting an exception set forth below. 4. One or more of the following circumstances, with adequate justification, may serve as a basis for requesting a waiver of the requirement for three price quotations or advertised bids or the submission of a response to a request for proposals. The request for a waiver must be submitted to the SUPERINTENDENT or designee, or the BOARD, depending on the cost of the goods or services prior to making the purchase or contracting for the services. a. Patent/Proprietary: The patented or proprietary features of a product or service give the DISTRICT a distinctly superior and necessary utility that cannot be obtained from another similar product or service. b. Intrinsic Value: When a product’s procurement is determined by its historic or artistic value. Or, viable specifications or standards cannot be determined in the procurement process for the purchase of professional or technical services; however, this justification shall not be available for purchases to be made using Federal Grant funds. c. Emergency: When the risk of human suffering or substantial damage to DISTRICT-owned property exists and requires immediate action as determined by the SUPERINTENDENT or designee. d. Substantial Time Pressure: When there exists substantial time pressure that is outside the DISTRICT’S control. This does not include administrative delays or confusion in processing the necessary paperwork for seeking bids, quotations or proposals, and shall not be used to excuse the use of bids, quotations or proposals for purchases to be made using Federal Grant funds. e.

Contracting Under Grant or Community Partnership MOA: When a particular contractor or subcontractor is named in a Grant Proposal or award that was developed and/or accepted under BOARD Policies, or is a partner in a Community Partnership MOA, provided such contractor or subcontractor meets the BOARD’S Affirmative Action requirements for contractors in Policy 6600, and any materials or equipment donated pursuant to the grant complies with applicable BOARD and DISTRICT safety or other standards. This justification is not available for goods or services purchased using Federal Grant funds unless the grant itself requires the use of a specific provider. f. Existing Open Cooperative Contract: When the DISTRICT can enter into an existing open contract established by the State of Wisconsin, the University of Wisconsin, another Wisconsin municipality or some cooperative of public entities having similar bidding/contracting requirements. g. Bids or Quotations Recently Sought: Upon pre-approval of the SUPERINTENDENT or designee, when the DISTRICT has obtained price quotations or bids for the same goods or services within the past 2 years and there is no reason to believe the situation of suppliers/contractors (including the cost of goods/services) has significantly changed, and the price of goods has not increased above the rate of inflation. This justification is not available for goods

Request for Proposal # 000_Owner’s Representative Services_2024| Owner’s Representative Services 17 or services to be purchased using Federal Grant funds. h. Sole Source or Uniqueness: When goods are established as one-of-a kind, not available from more than one source. “Sole source” does not mean the goods are available from one source only by virtue of the preference of their manufacturer if goods of the same type are produced by other manufacturers and are available from additional sources. The “sole source” designation is also not appropriate when it is used to indicate that a vendor is a sole source because they have worked with the DISTRICT in the past. The purchase of used equipment which offers a significant discount may fall within the Sole Source or Uniqueness Category i. Other Good Reason: The BOARD may waive quotation, bid, or proposal requirements under situations not covered by a. through h. above only upon good cause when the funding source for such goods or services does not include Federal Grant funds. 5. Vendors or service providers are independent contractors and as such shall not interfere in DISTRICT personnel matters. 6. An electronic signature may be accepted in all situations if requirement of a signature/approval is stated or implied, unless a written signature is required by law. Such electronic signature shall be authenticated and auditable. 7. The DISTRICT shall exclude a vendor or service provider or a subcontractor from participation in the bid process and/or a contract award if the vendor, service provider, or sub-contractor has been debarred or excluded from doing business with the Federal Government. 8. No employee, board member or school official may negotiate, bid for or enter into a contract in which he/she has a private pecuniary interest, direct or indirect, if at the same time he/she is authorized or required by law to participate in his/her official capacity in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on his/her part. 06/22/98 06/02/03 02/29/16 04/06/20

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Exhibit B – MMSD Board of Education Policy 5000

POLICY CONSTRUCTION & REPAIR OF BUILDINGS 5000 Contracts & Bids Construction and Repair of Buildings 1. Contracts: a. Approval/acceptance of contracts for the construction and repair of buildings with an estimated cost of up to $20,000 shall be governed by Policy and Procedure 6244 and by applicable state and federal laws. For contracts for the construction or repair of buildings with an estimated cost exceeding $20,000, and/or those for which a federal or state law requires formal bids, the BOARD shall let contracts to the lowest responsible bidder(s). Bid requests shall include any applicable federal funding requirements such as “Buy American.” b. If bids are submitted under paragraph a. above for the construction of a new building or an addition to an existing building, the following criteria shall also apply:

1. In determining who is the lowest responsible bidder, extra consideration may be given to contractors that meet the following criteria: a. For projects that are bid by a "general contractor," meaning that the project covers more than one trade area, the general contractor has participated in an apprenticeship program as defined in Chapter 106 of the Wisconsin State Statutes within the last two years prior to submitting a bid to the School District. For this purpose, the term "participates" shall mean the contractor has actively employed apprentices within the last two years. b. The contractor has not violated any applicable wage laws within the last two years. The preference of the BOARD shall be to select contractors that are signatory with one or more local labor organizations and/or local contractors, and encourages contractors to engage subcontractors that qualify as a historically underutilized business. 2. Work done to protect the Public Health and Welfare or work done under exigent circumstances: a. The provisions of 1.a. above are not mandatory for the repair and reconstruction of public facilities if: 1. The public health or welfare is in potential or imminent danger; or 2. Exigent circumstances exist. b. If the final cost to the District exceeds $20,000, work done under 2.a. must have BOARD approval prior to being done if possible. If approval is not obtained prior to being done, the Board must be notified of such as soon as possible. 3. Work done directly: a. Construction and repairs may be completed directly by the BOARD without submitting the same for bids. PROCEDURE CONSTRUCTION & REPAIR OF BUILDINGS 5000 Contracts & Bids Construction and Repair of Buildings 1. Contracts for construction and repair of buildings shall include the following: a. Bids shall be advertised in the official publication on two separate days. b. Each bid shall be a sealed bid, and no bid shall be received unless accompanied by a bid bond or certified check equal to at least 5% but not more than 10% of the bid. In addition, the awarded contract must be accompanied by a performance bond. c. The authority to reject any and/or all bids for any reason shall exist on all projects. d.

The authority to require reports from successful bidders related to their goals to utilize Historically Underutilized Businesses as subcontractors and/or suppliers. e. Subject to paragraphs 1 c. above, in contracts for the construction of a building addition or a new building, the BOARD shall award the bid to the lowest and most responsible bidder except in cases in which the lowest and most responsible bidder is a non-union and non-local contractor. In such cases, union and/or local contractors who have submitted a bid within 5% of the low bid shall be given the opportunity to match the low bid of the non-union and non-local contractor. If the union and/or local contractor matches the low bid of the non-union and non-local contractor, the union and/or local contractor shall be awarded the bid. If the low bidder is both non-union and non-local and more than one union or local contractor matches the bid, the contract shall then be awarded in the following priority order: 1 - to the contractor that is both union and local 2 - to the contractor that is local and non-union 3 - to the contractor that is union and non-local If there is a tie under this procedure because more than one contractor is at the highest priority level, then the award will be resolved by lottery. Local shall mean a contractor whose main office is within the borders of the Madison Metropolitan School District. Union shall mean a contractor that is signatory with one or more local labor

Request for Proposal # 000_Owner’s Representative Services_2024| Owner’s Representative Services 19 organizations. f. All warranty/guarantees shall be in compliance with industry standards. (General Conditions of the Contract for Construction - AIA201). g.