REQUEST FOR QUALIFICATIONS ( RFQ ) FOR LEASE LEASE-BACK CONSTRUCTION SERVICES

255 Pico Avenue, Suite 250 San Marcos, CA 92069 SUPERINTENDENT Carmen Garcia, Ed.D. REQUEST FOR QUALIFICATIONS ( RFQ ) FOR LEASE LEASE-BACK CONSTRUCTION SERVICES Issued: February 5, 2019 Submittal Deadline Date Tuesday March 5, 2019 at 11:00 a.m. Submit To: Tova Corman, Executive Director of Facilities Planning and Development 255 Pico Ave., Ste. 100 San Marcos, CA 92069 SECTION 1-PURPOSE The ( SMUSD ), also referred to as ( District ) is issuing the following Request for Qualifications (RFQ) to entities qualified to provide Lease Lease-Back ( LLB ) Construction services for public K-12 educational facilities projects. Services requested include design review, constructability review, value engineering, and construction administration services in connection with the construction, reconstruction and/or modernization of one or more sites in the District. The firms that are ultimately selected to provide Lease Lease-Back services shall fully and adequately supply those services as described in the Construction Services Agreement (Exhibit A), the Site Lease (Exhibit B) and the Sublease Agreement (Exhibit C). 1 P a g e

The District anticipates selecting approximately 4 to 10 firms to provide the LLB Construction services as requested in this RFQ. Your firm is invited to submit a written response outlining your organization's qualifications for LLB Construction services as described below. SECTION 2 DISTRICT INFORMATION The San Marcos Unified District serves approximately 21,000 students in Kindergarten through 12th grade at 19 campuses. The District encompasses 49 square miles in northern San Diego County and serves the cities of San Marcos, Escondido, Carlsbad, Vista, and areas within the County of San Diego. On November 2, 2010 the voters of the District approved Measure K, authorizing $287 million in general obligation bonds in which proceeds may be used for the construction, reconstruction, rehabilitation or replacement of school facilities. LLB Construction services for the projects are funded in whole or part from proceeds from the sale of Measure K bonds. In addition the District has funding from the State School Facility Program, Developer fees and other local, state, and federal funding sources. SECTION 3 SUBMITTAL GUIDELINES Firms meeting the minimum qualifications as outlined in Section 5 and desiring to submit qualifications in response to the RFQ, shall do so no later than 11:00 a.m., Tuesday March 5, 2019. The firm s submittal must contain all information as outlined in Section 7 of this RFQ and shall be limited to not more than 20 pages in length. The firm shall submit two (2) bound copies and one (1) electronic copy on a flash drive of its qualifications and proposal clearly marked and addressed as follows. Qualifications and proposals received after the above noted deadline will be rejected. Please submit responses to: Tova Corman, Executive Director of Facilities Planning & Development 255 Pico Ave., Ste. 100 San Marcos, CA 2069 Schedule: The following dates are noted for this RFQ. The District reserves the right to amend these dates as needed. 1. February 5, 2019 RFQ Issued 2. February 12, 2019 (5:00 PM) Request for Clarification of RFQ Deadline 3. February 12, 2019 (5:00 PM) Notification of Intent to Submit Deadline 4. March 5, 2019 (11:00 AM) RFQ Submittals Due 5. (date/time TBD) Interviews (as needed) 6. April 16, 2019 Award of Contract(s) Economy of Preparation: The firm s qualifications and proposal should be prepared simply and economically, providing straightforward, concise delineation of the firm's capabilities to satisfy the requirements of this RFQ. To expedite the evaluation process, it is essential that specifications and instructions contained in the RFQ are followed exactly as outlined in Section 7. Signature: If the qualifications and proposal are submitted by an individual, it shall be signed, including the full name and address of the individual. If it is submitted for a corporation or partner-ship, it shall be signed by a principal of the firm. The qualifications and proposal shall be submitted to the District with a wet signature as indicated in Section 7, Item 1. 2 P a g e

Cost of Preparation: Cost for developing the firm s qualifications and proposal and making presentations are entirely the responsibility of the submitting firm and shall not be chargeable in any manner to SMUSD. Request for Clarification: If any firm contemplating submitting its qualifications and proposal is in doubt as to the true meaning of any part of this RFQ, it may submit to the District via email a written request for clarification thereof no later than 5:00 p.m. T u e s d a y F e b r u a r y 1 2, 2019 to Katherine Marcelja at katherine.marcelja@smusd.org or Ashley Rondeau at ashley.rondeau@smusd.org Any requests received after this date or via telephone will be rejected. Responses to any questions for clarification will be issued to all applicants no later than three (3) days prior to the submittal date. Addenda and Supplements to RFQ: If it becomes necessary to revise any part of this RFQ, an addendum to the RFQ will be provided to all who respond with a notice of intent to respond to the RFQ in the time frame allocated. The District will not be responsible for any oral or other unofficial interpretation of any element of the RFQ or of its related documentation. Late Submittals and Extensions: Any qualifications and proposals received after the specified due date and time will be rejected, and will be returned. Extensions of time to prepare qualifications and proposal will not be authorized. Rejection of Submittals: The District reserves the right to reject any and all submittals received by reason of this request, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interests of SMUSD. Non-acceptance of any submittals will imply neither criticism of the qualifications and proposal nor that the qualifications and proposal were deficient. Non-acceptance of any submittal means that another firm s submittal or alternative was deemed to be more advantageous to the District. Unauthorized conditions, limitations, or provisions attached to a submittal will render it not in compliance and may cause its rejection. No oral, telegraphic, or telephonic submittals, aspects of the submittal or modifications will be considered. It is recognized that each firm may have developed its own typical methods of service delivery. It is not the District's intent to disqualify a firm due to variations in service delivery that do not affect quality and performance. Any qualifications and proposal offering professional services of equivalent or better quality than that requested, which provides the necessary service, will receive full consideration. SECTION 4 DISTRICT GUIDELINES AND EXPECTATIONS The District reserves the right to make the selection of the LLB Contractor(s) based on the criteria established in this RFQ, and other criteria as identified by the RFQ review and interview team. Qualifications and proposal submitted may be reviewed and evaluated by any persons at the discretion of the District. The District reserves the right, at any time, to amend or rescind this RFQ in part or in whole, to not select any specific firm, and to reinstitute the selection process at a future date if it so decides. The District further reserves the right to seek modifications of any qualifications and proposal, or to waive any irregularities in any submittals received. 3 P a g e

Contact Between Firm and District: Firms submitting qualifications and proposal are prohibited from communicating about this RFQ with District Board members, the Superintendent, Administration, or staff. The District reserves the right to disqualify from this RFQ any firm attempting to communicate with District Board members, the Superintendent, Administration, or staff unless through RFI regarding this RFQ as described and due no later than Tuesday March 5, 2019. District Use of RFQ Content: All submittals become property of the District and the District reserves the right to use any or all ideas presented as part of the firm s qualifications and proposal. Selection or rejection of the qualifications and proposal does not affect this right. Acceptance of RFQ Content: Submission of the firm s qualifications and proposal constitutes agreement by the firm to each and all of the terms, conditions, provisions, and requirements set forth and contemplated in this RFQ and any attached documents. Use of District Facilities and Resources: The successful firm(s) will be required to use his/her own office and facilities. Use of District facilities such as desks, telephone, and conference space will not be provided. The District will provide staff as necessary for project coordination. The LLB Contractor(s) will be required to be on site as necessary during the contract period as defined in the Owner Construction Services Agreement(s). No District resources in terms of personnel, facilities, or equipment will be allocated. Non-Appropriation of Funds: Any contract(s) resulting from this RFQ is subject to appropriation of funds by the SMUSD Governing Board for each fiscal year of services. Funding for the project(s) is contingent on the availability of Proposition K monies and/or other District funding sources. Outreach: The Governing Board of SMUSD recognizes the importance of promoting economic growth in the communities it serves, and therefore encourages the involvement of small, local, emerging, and Disabled Veteran Business Enterprises ( DVBE ) in every aspect of its projects. Fingerprinting: The LLB Contractor(s), its consultants, and sub-contractors shall comply with Education Code section 45125.1 which stipulates that none of its employees that come in contact with District pupils have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192(c). Fingerprinting and clearance of any named candidate to perform project inspection services is a program-wide prerequisite and must occur prior to any candidate setting foot on any school campus. Tobacco and Drug-Free Workplace Policy: The District and all District projects are tobacco and drug free workplaces and, as such, require that all persons on District property be subject to the requirements mandated by California Government Code section 8350, et seq. when on project site. 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. Prevailing Wages: The Construction/Post-Construction Phase of each Project will be a public work for purposes of the California Labor Code, which requires payment of prevailing wages in accordance with California law. The rates of prevailing wages will be on file at the District and available to any interested party upon request. Alternatively, the LLB Contractor may be required to obtain and post copies of such rates at the applicable job site(s). Each LLB Contractor must otherwise comply with all applicable provisions of law relating to payment of prevailing wages. 4 P a g e

Labor Compliance Program: Pursuant to Labor Code section 1771.7, the District and/or District representative, will implement and shall enforce a Labor Compliance Program ( LCP ) for the project(s) as required by the California Department of Industrial Relations ( DIR ) and enforced through the Compliance Monitoring Unit ( CPU ). Each LLB Contractor shall be required to comply with all the requirements of the LCP and applicable provisions of the California Labor Code. In submitting a proposal and formulating its proposed versions of the Preliminary GMP for a Project, each shall be deemed to have evaluated and accommodated the cost of complying with the project s LCP. Each LLB Contractor and its subcontractors will be required to attend a pre-construction meeting at which a representative of the District shall discuss labor law requirements. Each LLB Contractor must work with the District s staff and consultants to ensure the full compliance with the project s LCP and all applicable labor laws. CUPCAA: The District has adopted the California Uniform Public Construction Accounting Act ( CUPCAA ). Selected firms must be registered with the District prior to award of contract. CUPCAA Vendor Registration forms can be found on the District website at https://smusd.org/common/pages/userfile.aspx?fileid=10710405 Pre-Qualification: Pursuant to Public Contract Code (Section 20111.6) Districts must prequalify general contractors and all mechanical, electrical, and plumbing subcontractors for public works projects using moneys received pursuant to the Leroy F. Greene School Facilities Act of 1998 or moneys from future state school bonds that involves a projected expenditure of $1,000,000 or more. Electrical, mechanical, and plumbing subcontractors are contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, under the Contractors' State License Board s regulations regardless of whether performing work under that license. In addition, AB 1581 (Buchanan) signed into law on 9/18/14 amends Education Code 17406 and 17407 extending Pre-qualification requirements to Lease Lease-Back contractors. The District will, therefore, require prospective bidders and LLB Contractors for any construction contract related to this RFQ to complete the on-line prequalification questionnaire and financial statement prior to award of contract found on the District website at http://pqbids.com/san-marcos-unified-schooldistrict/. Lease Lease-Back Construction Services Agreement: A sample District Lease Lease-Back Construction services Agreement is provided for your review and information. All provisions of the agreement are anticipated to be enforced on the projects, unless negotiated in writing with the District at a later date. Upon review of the sample agreement, please provide as an attachment to your submittal, a list of sections that your firm would like to negotiate. SECTION 5 QUALIFICATIONS Any firm wishing to submit for this RFQ must have, and provide proof of in its submittal, the following minimum qualifications: Minimum of seven (7) years of experience and expertise as a Lease Lease-Back Contractor for California K-12 educational facilities projects, including the construction, reconstruction, renovation/modernization of existing school sites. A minimum of seven (7) years working with the Division of the State Architect ( DSA ), including California Building and Administrative Code (Title 24) requirements, the California Department of Education, including Title 5, California Code of Regulations, and the Office of Public School Construction ( OPSC ). Demonstrated experience with design review, constructability review, value engineering, construction oversight, and project administration. 5 P a g e

Demonstrated knowledge and experience with energy efficient and sustainable building concepts as outlined in the current California Green Building Code Standards (CALGreen Code), California Code of Regulations (Title 24, Part 11). The Firm must currently operate, and maintain throughout the duration of the awarded project, an office location within San Diego County in which the awarded project(s) will be administered from. Prior District experience is preferred (but not required). SECTION 6 SCOPE OF SERVICES Depending on the specific project scope and expected construction value the Scope of Services may include, but is not limited to, the following: Design/Pre-Construction Services Required: Review design documents for constructability, scheduling, clarity, consistency and coordination. Provide estimating, 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. Expedite design reviews, including modifications, if any, based on value analysis. Undertake value engineering analysis and make recommendations to the District and Architect. Prepare reports with recommendations to the District for maintaining the established budget and schedule for the project. Conduct site visits to review current site conditions and make recommendations to minimize unforeseen conditions. Identify, coordinate, and confirm all utilities (including points of connection) to assure service to the site and LLB project, including will-serve letters from all utility agencies servicing the LLB project site. Produce a detailed critical-path-method construction schedule to be incorporated into the project documents, including, without limitation, identification of the project critical path and milestones for local agency approvals, procurement of long lead-time items, submittals and similar items. Plan the phases and staging of construction, staging areas, temporary fencing, office trailer placement, access, permits, utilities, etc., as required. Coordinate all activities with the District. Provide the District with a Guaranteed Maximum Price ( GMP ). Construction and Post-Construction Services Required: Implement a District approved process for selection of subcontractors on a competitive basis and in accordance with Pre-Qualification procedures where necessary. Ensure compliance with the District s local agencies as to permitting, regulations, and requirements. Administer and coordinate on a daily basis the work of all trade contractors the LLB Contractor hires 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. Recommend potential solutions to scheduling delays, material delivery issues, and other problems. Coordinate and complete all construction, including, without limitation, all work by 6 P a g e

subcontractors, acquisition and delivery of materials and supplies, safety programs, stormwater pollution prevention plans/npdes permits and other run-off controls, et cetera. All work to be per the plans and specifications and to meet all applicable Federal, State, and Local codes. Coordinate and attend weekly job site meetings. Evaluate and process payment applications and verify progress of project. If required by the District, coordinate with the manufacturer of any modular buildings to ensure the project meets the sustainability goals for the project. Provide detailed cost and schedule updates. Reports shall provide narrative of the project s status, budget and schedule. Provide all other services, which are reasonable and necessary to control the budget and schedule. Evaluate and track requests for information ( RFI ) from the trade contractors and responses thereto. Advise District as to status and urgency of RFIs. Work with the District, Architect, and Project Inspector to develop lists of items for correction or completion of incomplete and/or unsatisfactory work ( punch lists ). Create and maintain complete and accurate As-Built drawings throughout the course of construction. Coordinate with the Architect of Record to expedite the finalization of record drawings, specifications, and close-out documents. Compile operations and maintenance manuals, warranties/guarantees, and certificates. Coordinate all final testing, documentation, and governmental inspections. Work cooperatively with District, the Architect, and all trade contractors to ensure the project is delivered on time and within budget. Provide the necessary training to the on-site Maintenance and Operations personnel and other District staff as well as appropriate commissioning services for all applicable components including, but not limited to HVAC, fire safety, security, information technology, or other installed systems. Commissioning services include required monitoring, testing, training, and validating per industry standards to ensure that the installed materials and systems fully meet specifications. Where appropriate, assist the District in preparing final accounting and close out reports as required by DSA, the Office of Public School Construction, and all necessary state and local agencies. Other responsibilities necessary for the completion of the project in accordance with the plans and specifications, contract documents, and requirements of all agencies having jurisdiction in order to provide fully functioning and complete facilities Provide a letter to the District certifying total completion of the project in accordance with all applicable codes, regulations, and contract documents. SECTION 7 SUBMITTAL FORMAT The firm s submittal shall address the following items in the order listed below and shall be numbered to match the following list. The firm s submittal shall be limited to not more than 20 single sided pages in length (excluding covers and tab separators). 1. Letter of Interest: A letter of interest must be submitted, including the legal name of the respondent(s), address, telephone, primary contact email address, and the name, title, and original wet signature of the person(s) authorized to submit the qualifications and proposal on behalf of the firm. The letter of interest should provide a brief description of the firm s 7 P a g e

nature of services (including all in-house specialties), number of years in business, number of employees, the firm s proximity to the District, and the California Contractor s license number. Respondents must provide responses to the following three (3) questions in the letter of interest: a. What experience does the firm have in this type of K-12 work? b. How will your firm incorporate the District s educational goals into the work you do? c. Describe the firm s experience and proposed plan for partnering with A/E firms and the District? 2. Proposed Project Team: Identify the persons that will be principally responsible to work with the District on the project(s) and indicate the role and responsibility of each individual. Include any proposed consultants or sub-contractors that will be part of your project team including that individual s/firm s qualifications and experience with similar projects, and office location. 3. References and Description of Experience with Similar School District Projects: This section shall identify ten (10) relevant California K-12 Lease Lease-Back facilities projects that the firm has successfully completed in the past 10 years, including the role of the firm, project scope, schedule performance, budget, and costs including General Conditions costs and change order performance,. Include the name of the Architect of Record for each project. Use this section of the qualifications and proposal to indicate the areas of expertise the firm has previously provided to similar school districts, and how the firm's expertise will enable the SMUSD to benefit from that expertise. Include projects that the firm has worked on with any consultants listed in the firm s submittal. Limit responses to projects of similar scale and budget if possible. Provide references for the firm and any proposed consultants, including name, address, and telephone number, of persons who can attest to performance on described relevant projects. 4. Experience with Project Programming, Construction Administration, and Cost Estimating: Describe the firm s experience and philosophy partnering with District Administration officials, the project Architect, the District s consultants, facilities and maintenance directors, site principals, and teachers during the design, pre-construction, construction, and postconstruction phases of LLB projects. Describe the firm s approach to constructability reviews, value engineering, and making recommendations to mitigate design irregularities at various phases of a construction project. Describe the firm s experience working on existing school sites mitigating construction activities to ensure student safety, security, and a positive learning environment. Describe how the firm will assist the District in developing cost estimates, meeting established project budgets, and prioritizing project schedules to meet the project scope and construction deadlines. 5. Experience with Sustainable Practices and Technology Improvements: Identify the firm s knowledge and experience implementing sustainable practices and energy saving measures into construction projects. This includes knowledge of regulations such as the California Green Building Code Standards (CALGreen Code), California Code of Regulations (Title 24, Part 11), and the California Clean Energy Jobs Act (Prop 39). Describe how the firm will work with the District s architect, consultants, maintenance and operations department, instructional services, and other entities to provide recommendations and ensure the projects includes the most energy efficient components. Identify the firm s knowledge and experience with technology improvements, upgrades to technology infrastructure at existing school sites, and incorporation of sustainable principles into school curriculum and instruction. 8 P a g e

6. Financial Information and Capacity: Provide the following financial documentation to substantiate your ability to adequately provide construction management services for the District: a. A current report from any commercial credit rating service, such as Dunn and Bradstreet or Experian. b. A letter from a California admitted surety or insurance company stating bonding limit for both payment and performance bonds which can be applied to any of the stated projects. c. A letter from an insurance company indicating the ability to provide insurance at the minimum limits of coverage as specified in Section 4 of this RFQ. 7. Disclosure of Client Claim Disputes: Provide a report of client claims and/or disputes the firm has experienced in the past ten (10) years. Indicate the resolution of each claim and/or dispute or status if still in process. Indicate if any of the following has occurred: a. Failure to enter into a contract or professional services agreement once selected. b. Withdrawal of a proposal or bid as a result of an error. c. Termination or failure to complete a contract. d. Department by any municipal, county, state, federal or local agency. e. Involvement in litigation, arbitration or mediation. f. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or performance of services. g. Knowing concealment of any deficiency in the performance of a prior contract. h. Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. i. Willful disregard for applicable rules, laws or regulations. 8. Fee Structure: The district anticipates awarding multiple projects to the selected firms. These projects will vary in size and compl exity. Please describe your overhead and profit fee structure. SECTION 8 EVALUATION PROCESS Selection: The selection process for LLB Construction Services for the projects listed in this RFQ will be conducted in several phases. The first phase will evaluate the firm s qualifications in terms of the ability to meet the parameters as set forth in this RFQ. Firms considered by the District to be most qualified may be invited for interview in the next phase. Proposal Evaluation Criteria: The evaluation of the firm s submittal will be conducted as follows. Qualifications and proposal will be evaluated in terms of the ability to meet the parameters as set forth in this RFQ. The District reserves the right to make a selection based solely on the information submitted in the firm s qualifications and proposal. The SMUSD will compare and evaluate all qualifications requested in this RFQ and select a firm or firms that best meet the needs of the District, based on the following factors: Nature and quality of the firm s similar completed Lease Lease-Back work Specialized experience of the firm Understanding of the District s educational goals, objectives, and management methods 9 P a g e

Professional excellence and demonstrated competence Training and experience of key personnel Staff capacity, depth, and workload Reliability and continuity of the firm Local community presence Ability to meet budgets and timelines established by the District Ability to address each of the program needs of the District Ability to provide superior support in construction management Ability to coordinate multiple projects Other considerations deemed relevant by the District Submittals will be evaluated on the criteria listed below. Proposed Project Team References & Description of Experience Experience with Project Programming/Construction Administration Experience with Sustainable Practices & Technology Improvements Financial Information and Capacity Disclosure of Client Claim Disputes Fee Structure EXHIBITS Exhibit A - Construction Services Agreement Exhibit B - Site Lease Exhibit C - Sublease Agreement END OF RFQ 10 P a g e