PANAMA-BUENA VISTA UNION SCHOOL DISTRICT

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1 Panama-Buena Vista Union School District KEVIN SILBERBERG, ED.D. BOARD OF TRUSTEES District Superintendent Linda S. Brenner Dean Haddock, Psy.D Ashe Road Cheryl Palla Bakersfield, CA Dolores Whitley (661) FAX (661) Keith C. Wolaridge PANAMA-BUENA VISTA UNION SCHOOL DISTRICT REQUEST FOR QUALIFICATIONS # 1406 FOR LEASE-LEASEBACK CONSTRUCTION SERVICES RFQ Issued: October 8, 2014 Statement of Qualifications Submittals Due: October 23, 10:00 a.m.

2 INTRODUCTION The Panama-Buena Vista Union School District (the District ) is requesting Statements of Qualifications ( SOQ ) from qualified entities who can provide the District with, value engineering, constructability review, construction and post construction services for projects more fully described below pursuant to the lease-leaseback provisions of California Education Code (these entities are hereinafter referred to as LLB Entities ). This Request for Qualifications ( RFQ ) describes the Project(s), the required Scope of Work, the minimum requirements for submittal contents and information to be included in the SOQ and the selection process. Note: Any submittal of a statement of qualifications ( SOQ ) that is incomplete, or contains incorrect or inaccurate information, or contains unsubstantiated or misleading claims or is submitted late is subject to immediate disqualification. CRITICAL DATES: Submittal Due Date: SOQs in response to this RFQ shall be submitted by October 23, 2014 at 10:00 a.m. to Panama-Buena Vista Union School District, Attn: Jeff Foy, Director of Facilities Planning & Construction, 4200 Ashe Road, Bakersfield, CA. Submittals received after the deadline will be returned unopened. Interview Date: The District may conduct interviews with the most qualified LLB Entities that respond to this RFQ. The number of LLB Entities to be interviewed shall be determined by the District in its sole discretion; however, the District reserves the right to not hold interviews. Award of Lease-Leaseback Contract: The District will enter into negotiations with the LLB Entity which it determines in its sole discretion to be the most qualified. Should the District be unable to negotiate a satisfactory contract with the LLB Entity considered to be the most qualified, the District may formally terminate negotiations with that LLB Entity and enter into negotiations with the next most qualified LLB Entity as determined by the District. If the District proceeds with the Construction Phase of the Project it is anticipated that the selected LLB Entity will be acting as a General Contractor pursuant to a Construction Services Agreement, Lease Agreement, and Sublease (or Leaseback) Agreement (collectively the Lease-Leaseback Contract ), and will be required to contract with separate specialty contractors to coordinate the work of all trades necessary to complete the Project in its entirety. The district reserves the right to select another contractor for the Construction Phase, to not select any specific firm, and to reinstitute the selection process at a future date if it so decides. Note: Any contract executed pursuant to this RFQ shall not take effect until approved by the Panama- Buena Vista Union School District s Board of Trustees, which approval is within the Board of Trustees sole discretion. PROJECT DESCRIPTIONS GENERALLY: The District is soliciting qualifications for pre-construction services and construction of this Project. PHASE 1: Pre-construction services including, design review, constructability review, value engineering, and development of a GMP. PHASE 2: Construction of: Project Site and all on and off site work related to the buildings.

3 Project: New School McKee Lima School Budget $14.5 Million Corner of McKee and Lima Streets, Bakersfield, CA Architect: The District has retained Ordiz-Melby Architects, to prepare plans for McKee Elementary School. The LLB Entity shall work with the architect as necessary to conduct pre-construction services, including constructability reviews, scheduling, and cost benefit analysis for the Project at the direction of the District staff. An architect has not been selected for Project B at the time of this RFQ. Pre-Construction Services: The LLB Entity shall work with the architect and District staff as necessary to perform the following types of pre-construction services: constructability review, development of Construction Documents, assembling preliminary construction estimates, planning phases and staging of construction. Construction Services: The LLB Entity will act as the General Contractor for the construction phase of the Project and may contract with separate specialty contractors to perform the various trades comprising the entire Scope of Work. The LLB Entity shall work under the direction of District staff. Budget and Open Book Accounting: The District will require an open book policy with the LLB Entity and its construction team on the entire construction project. The District shall be entitled to have access to subcontractor bids, contingency breakdown and tracking, general conditions breakdown and tracking, and LLB Entity fees. Change orders will be issued for District directed changes and unforeseen conditions only, as determined by the District in consultation with the architect and the LLB Entity. GUARANTEED MAXIMUM PRICE: The guaranteed maximum price ( GMP ) is not a component of the SOQ. The final GMP will be determined after bids for all subcontracting trades are received. The following are components of the GMP: general conditions at actual cost, cost of all subcontractor bids, the contractor fee for preconstruction and construction services (which includes overhead and profit), bonds, insurance, all costs associated with the pre-construction services, and a contingency in the amount agreed upon by the District and the LLB Entity. SCOPE OF WORK: The Scope of Work includes, but is not limited to, the following: I. Pre-Construction Services: The LLB Entity shall provide services prior to the start of construction that include the following: Plan review and constructability services with an emphasis on ensuring that the Project can be completed within the established schedule and within the available budget; Assistance in the development of the Construction Documents for the Project (as used herein Construction Documents shall mean construction drawings and specifications as are necessary for obtaining complete bids and for efficient and thorough execution of the work to be performed in the construction of the Project, setting forth in detail the work to be done, the materials, workmanship, finishes, and equipment required for the

4 architectural, structural, mechanical, and electrical systems and utility service connection equipment and site work); Assembling preliminary construction estimates using like-kind construction costs and producing a detailed construction estimate based upon the Project plans showing the values of all major components of the Project and detailed construction estimates at major milestones of the Project design phase (50% Construction Documents, 100% Construction Documents, DSA approval update); Planning the phases and staging of construction, staging areas, temporary fencing, officer trailer placement, access, etc. as required; Providing recommendations on bid-packaging and assisting the architect in the preparation of the bid documents and issuing plans for competitive bidding and obtaining competitive bids for the Project (including providing the name(s) and scope(s) of work of each trade contractor the LLB Entity intends to use on the Project); and Providing such other services as are deemed necessary or reasonable to control the budget and the schedule. The LLB Entity shall ensure that the final working drawings and specifications are in such form as will enable the architect and the District to secure the required permits and approvals from the Division of the State Architect and for the District to obtain, by competitive bidding, a responsive and responsible bid. The final working drawings shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being copied and assembled in a professional manner by the architect. II. Construction and Post-Construction Services: The LLB Entity shall provide the following services: Serve as the general contractor to oversee construction of the Project in compliance with the Construction Document; Project Management. Administer and coordinate on a daily basis the work of all trade contractors hired by the LLB Entity to work on the Project. Enforce strict performance, scheduling, and notice requirements. Document the progress and costs of the Project. Report proactively on potential schedule impacts and recommend potential solutions to schedule problems; Work cooperatively with the District, the architect, the design team and the trade contractors to ensure that the Project is delivered on time and within budget; Evaluate and track requests for information ( RFIs ) and responses. Advise the District as to status and criticality of RFIs. Work with the District and the architect and the design team to develop lists of incomplete or unsatisfactory work ( punch lists ); Coordinate and attend weekly job site meetings and prepare and circulate minutes thereof. Evaluate and process payment applications and verify progress. Coordinate and expedite record drawings and specifications; Compile maintenance and operations manuals, warranties, guarantees, and certificates; Prepare and submit all necessary reports to state authorities, including DSA verified reports and ensure that all other Project participants submit necessary documents; Prepare final accounting and close-out reports; Prepare occupancy plan reports; Perform such other tasks as may be necessary for the completion of the Project in accordance with Construction Documents, the schedule and the budget; and The LLB Entity shall provide the District warranties as identified in the contract specifications, but no less than a twelve month warranty on the materials, equipment and workmanship utilized on the Project, which warranty shall be tolled for latent defects.

5 III. Project Description: Project. McKee Lima New School: intersection of Lima and McKee, Bakersfield, CA The project consists of: Administration/Library Building, Multipurpose/Kitchen Building, four building wings totaling twenty-six classrooms and eight kindergarten classrooms. All classroom buildings will be slab on grade Modular Buildings. Administration and Multipurpose Building will be site built buildings. The work will be developed on 14.5 acres with related on site and off site development. The budget is $14.5 million. IV. Fees and Charges Each Proposer must describe in its proposal the anticipated prices for all fees and charges for the Project. Prices shall be provided and described under the following categories: (Please separate fees and charges; do not combine together). a. Preconstruction services b. LLB Entity Fee (as a percent of construction costs for each project) c. Special Conditions d. General Conditions (Itemized Monthly Charges) e. Bonds and Insurance f. Other, if necessary SUBMITTAL FORMAT AND CONTENT: General: The SOQ shall be concise, well organized and demonstrate the LLB Entity s qualifications. One original and Three (3) copies of the SOQ should be provided. The SOQ shall be no longer than thirty (30) pages on 8 ½ x 11 paper, inclusive of resumes, forms and pictures (but exclusive of the cover, the cover letter, the table of contents and any dividers). All respondents are requested to follow the order and format specified below in the section entitled Table of Contents. Please tab each section of the SOQ to correspond with the Table of Contents as shown. Submittal Cover: The submittal cover should include the title of the RFQ, the Submittal Due Date (as shown above), the name, address, telephone number, address and contact person for the submitting entity (or entities if there is a joint venture or association). Table of Contents: I. Cover Letter: Please provide a dated letter signed by an authorized officer of the LLB Entity (or signed by a person with the authority to act on behalf of and bind the LLB Entity) that describes the LLB Entity s experience and qualifications, describes how the

6 scope of work will be accomplished for the District (including a description of those conditions, constraints, or problems that are unique to the Scope of Work that may adversely affect either the cost of work progress), identifies the team members and their respective qualifications and describes what firm attributes make the LLB Entity the best fit for the District s needs. If this SOQ is for a joint venture or association, please provide this information for all constituent parties. The letter should be concise (two pages maximum). II. Mandatory Qualifications: The LLB Entity must hold a General Building Contractors License, Class B, which is current, valid, and in good standing with the California Contractors State License Board. For each license held, please provide the following information: (i) the name of the license holder exactly as it appears on file; (ii) the license classification; (iii) the license number; (iv) the date the license was issued; (v) the expiration date of the license; and (vi) whether the license has been suspended or revoked in the past 5 years (if so, please explain). III. Qualifications and Experience: Please provide general information about the LLB Entity, including years in business, number of employees, names of owners, home office location, local office location (if different), types of licenses held, primary business types, and market areas. Please provide information concerning your experience in the past five years with providing construction and lease-leaseback services for public entities, specifically K-12 public schools in California. For each project profiled include the scope of work, award and completion dates, the LLB Entity s team members, subcontractors and consultants, describing the exact tasks that each firm performed, and project references with contacts and telephone numbers. IV. Fees and Charges: Provide the LLB Entity s proposed price for: (Please separate fees and charges; do not combine together). a. Preconstruction services b. LLB Entity Fee (as a percent of construction costs for each project) c. Special Conditions d. General Conditions e. Bonds and Insurance f. Closeout and commissioning g. Other, if necessary V. Past Performance Record: If any of the following has occurred, please describe in detail the circumstances for each occurrence: (i) failure to enter into a contract once selected, (ii) withdrawal of a proposal as the result of an error, (iii) termination or failure to complete a contract, (iv) debarment by any municipal, county, state, federal, or local agency, (v) involvement in litigation, arbitration or mediation with a public client in

7 California, (vi) conviction of the LLB Entity or its principals for violation of a state or federal antitrust law by bid-rigging, collusion, or restrictive competition between bidders, (vii) conviction of the LLB Entity or any of its principals for violation of any other federal or state law related to bidding or contract performance, (viii) knowing concealment of any deficiency in the performance of a prior contract, (ix) falsification of information or submission of deceptive or fraudulent statements in connection with a contract, or (x) willful disregard for applicable rules, laws or regulations. Information regarding any of the above may be deemed to indicate an unsatisfactory record of performance. VI. Financial Information: Please provide the following financial information: (i) a letter from a financial institution stating the LLB Entity s current line of credit, (ii) a current report from any commercial credit rating agency, such as Dunn and Bradstreet, (iii) a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the Project for which you are seeking qualification, and (b) your current bonding capacity for both payment and performance bonds, (iv) a letter from an insurance company indicating ability to provide insurance along with applicable, maximum limits of coverage, (v) indicate the current value of all work the LLB Entity has under contract, and (vi) state your business construction revenues for the past five years. The following is a tentative schedule for insurance: A.M. Best financial rating of A: VII; Commercial General Liability Insurance. Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage/ Five Million Dollars ($5,000,000) aggregate; Automobile Liability Insurance. One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage; Workers Compensation and Employer s Liability Insurance. The LLB Entity and all sub-contractors shall insure (or be a qualified self-insured) under the applicable laws relating to workers compensation insurance, all of their employees working on or about the construction site, in accordance with the Workers Compensation and Insurance Act, Division IV of the California Labor Code and any amendments thereto. The LLB Entity shall provide employer s liability insurance in the amount of at least One Million Dollars ($1,000,000) per accident for bodily injury and disease. All insurance will be in a form and with insurance companies acceptable to the District. Insurance carriers shall be qualified to do business in California and maintain an agent for service of process within the state. VII. VIII. Claims History: Please submit a statement indicating any and all suits or claims in which the LLB Entity or its personnel have been involved regarding construction projects within the past five (5) years. No Exceptions to this RFQ: Please certify that the LLB Entity takes no exceptions to this RFQ. SUBMITTAL EVALUATION CRITERIA:

8 SOQs received by the District which are submitted in a timely fashion and which comply with the requirement of this RFQ will be evaluated according to the criteria listed below: EVALUATION CRITERIA PART 1 Cover Letter/Organizational Chat Mandatory Qualifications REQUIRED PREREQUISITES Prerequisite 0 Points Prerequisite 0 Points EVALUATION CRITERIA PART 2 Qualifications & Experience Fees and Charges Financial Information Claims History Reference Checking TOTAL POSSIBLE POINTS TOTAL POINTS POSSIBLE 40 Points 30 Points 10 Points 5 Points 15 Points 100 POINTS All Responses shall be reviewed to verify that the Firm has met the minimum requirements of the RFQ. METHOD OF SELECTION: The District will review all eligible SOQs submitted pursuant to the RFQ. The District will evaluate the LLB Entities on their demonstrated competence and on their professional qualifications necessary for the satisfactory performance of the services required, applying the selection criteria outlined above. The District will then decide which, if any, LLB Entities it wishes to interview. From the materials submitted and the interviews, the District in its sole discretion will select the LLB Entity it determines is the most qualified. It will then enter into negotiations with that LLB Entity. Award of Project A and Project B may be given to separate LLB firms at the District s discretion. GENERAL INFORMATION: Compliance: SOQs must be in strict compliance with the requirements of this RFQ. Any SOQ not submitted in accordance with the requirements of this RFQ may not be considered. Amendments: The District reserves the right to cancel or revise in part or in its entirety this RFQ. If the District cancels or revises this RFQ, all respondents will be notified by addenda. The District also reserves the right to extend the date responses are due and any time-lines described in the RFQ. Inquiries: All questions about the meaning or intent of this RFQ shall be submitted to the District in writing, attention: Jeff Foy. Inquiries may be ed to Jeff Foy at Jfoy@pbvusd.net. Replies will be issued by addenda and ed to all parties recorded by the District as having received the RFQ

9 documents. Questions received after October 17, 2014 at 10:00 a.m. will not be answered. Only questions answered by formal written addenda will be binding. Late Proposals: It is the LLB Entity s responsibility to ensure its SOQ submittal is received by the District on or before the time and date specified. Submittals received after the date and time specified will not be considered. Special Conditions: I. Public Record: All SOQs submitted in response to this RFQ become the property of the District and public records (with the exception of financial information listed in Table of Contents Section VII) and as such, might be subject to public view. II. III. IV. Non-Discrimination: The District does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. Drug-Free Policy and Fingerprinting: The selected LLB Entity shall be required to complete any and all fingerprinting requirements and criminal background checks required by State law and shall also be required to complete a Drug-Free workplace certificate. Costs: Costs of preparing a SOQ in response to this RFQ are the sole responsibility of the LLB Entities responding hereto. V. Prevailing Wages: LLB Entities responding hereto are advised that this project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. The prevailing wage rates may be obtained from the California Department of Industrial Relations. Any firm to which a contract is awarded must pay the prevailing rates, post copies thereof at the job site and otherwise comply with applicable provisions of State law. VI. VII. Bonding: The LLB Entity selected by the District shall be required to furnish a Payment Bond (Material and Labor) in the amount of one hundred percent (100%) of the Guaranteed Maximum Price and a Performance Bond in the amount of one hundred percent (100%) of the Guaranteed Maximum Price. Limitations: This RFQ does not commit the District to award a contract, to defray any costs incurred in preparation of a SOQ pursuant to this RFQ, or to procure or contract for work. In any contract entered into between the District and a LLB Entity, the District retains the right to (i) terminate the contract for inadequate performance, and (ii) terminate the contract for any reason. Disqualification: Submission of incomplete SOQs, incorrect or inaccurate information, unsubstantiated, exaggerated or misleading claims, or late submittals may be cause for immediate disqualification. Reservation of Rights: The District reserves the following rights: I. The right to reject any or all SOQs submitted pursuant to this RFQ.

10 II. III. The right to request additional information or clarification during the evaluation process. The right to cancel this RFQ at any time without any obligation whatsoever for proposal preparation, interview, fee negotiation, or other costs associated with this RFQ or any proposal submitted in response to this RFQ. IV. The right to waive minor irregularities in a SOQ. V. All other things being equal, local (within the County) consultants are preferred over non-local consultants. Questions Regarding RFQ LLB Entities interested in submitting proposals must make personal contact only with the individual identified below and should not contact District s Governing Board members, the Superintendent, Assistant Superintendents, or any other official or staff of the District. Jeff Foy Director of Facilities Planning & Construction 4200 Ashe Road Bakersfield, CA (661) Ext 6377 Any LLB Entities who violate this directive will be disqualified from further consideration.

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