SAN DIEGO OFFICE OF EDUCATION JOINT OCCUPANCY BEST VALUE PROJECT REQUEST FOR PROPOSAL

SAN DIEGO OFFICE OF EDUCATION JOINT OCCUPANCY BEST VALUE PROJECT REQUEST FOR PROPOSAL FOR SDCOE LINDA VISTA CAMPUS RFP Issued: Friday, June 7, 2013 Questions Due: Friday, July 12, 2013 RFP Submission: Friday, July 19, 2013 before 4 p.m. Technical Review: July 22 July 26, 2013 RFP Presentations: July 30-31, 2013 Selection: August 2, 2013 Board Approval: August 14, 2013

TABLE OF CONTENTS Table of Contents... 2 QUICK REFERENCE... 3 1. INTRODUCTION... 4 2. PROJECT REQUIREMENTS... 14 3. PROPOSAL PROCESS AND SUBMITTAL REQUIREMENTS... 18 4. EVALUATION METHOD AND SCORING... 21 5. JOINT OCCUPANCY AGREEMENT AWARD PROCEDURE... 26 Attachment 1 Joint Occupancy Agreement... 29 Attachment 2 Proposal Submittal Form... 30 Attachment 3 Cost Proposal Form... 31 Attachment 4 Proposal Certification Form... 33 Appendix A Performance Criteria... 35 Appendix B SDCOE Building Standards... 36 Appendix C Site & Utility Map and Geotechnical Reports... 37 Appendix D Education Code 17515 Et al... 38 Request for Proposal P a g e 2 San Diego County Office of Education 6/3/2013

QUICK REFERENCE PROJECT: for SDCOE Linda Vista Campus PROPOSALS DUE: SUBMITTAL: Friday, July 19, 2013 before 4 p.m. No late submittals will be accepted. Presentations will be scheduled on Tuesday, July 30 and Wednesday, July 31, 2013 at SDCOE Linda Vista Campus. Schedule and room number will be issued as RFP addendum. Proposals will be received by the San Diego County Superintendent of Schools (SDCSS) on or before the time and date listed above. Proposals will be received only at the following address: San Diego County Superintendent of Schools Educational Facility Solutions Group Mr. Mikal Nicholls 6401 Linda Vista Road, Suite 506 San Diego, CA 92111 Telephone: (858) 292-3680 E-mail: mnicholls@sdcoe.net QUESTIONS: BEST VALUE: PROPOSAL BOND: Inquires during the proposal preparation period shall be directed to SDCSS by email only to the address above. To ensure that questions are received and read, the subject line in the email must include the following description: RFP Questions for. Verbal inquires will not be accepted except during the predesignated review meeting(s). The Proposal with the BEST VALUE will include the greatest combination of 1) the SDCOE needed project elements, 2) quality of SDCOE elements, 3) any extra elements not on SDCOE s list and 4) any suggested enhancements to SDCOE elements. There is no stipulated price. The PROJECT TEAM shall include with its proposal a Proposal Bond in the amount of 10% of proposal value. Request for Proposal P a g e 3 San Diego County Office of Education 6/3/2013

1. INTRODUCTION A. PROGRAM 1. San Diego County Superintendent of Schools (SDCSS) representing the San Diego County Office of Education (SDCOE) is seeking a team to provide proposals for developing aspects of our Linda Vista campus for the purpose of constructing and operating a join occupancy project for the benefit of the SDCOE, it s students, educational programs and the community it serves. The selected project and team will present their concepts for a joint occupancy project that in addition to the proposer s needs/desires includes at a minimum all or part of the following list of SDCOE needs in priority order: a) 50 new net parking spaces b) Cost or project offset of the entire energy footprint of the Linda Vista campus c) Additional 50 new net parking spaces d) New DSA JCCS classroom replacement Joint Occupancy projects which would be compatible with SDCOE s mission include: 1. Parking Structure 2. Meeting Facility 3. Classroom Facility In addition to these items, SDCOE is willing to consider other ideas. If the Project Team wishes to propose substitute projects in place of the preferred, priority considerations listed above, please provide details at the Mid-Term meeting. The best BEST VALUE consideration will be the proposal(s) that provide the most items from the SDCOE needs list at the highest quality with enhancements above the minimum standards in the RFP criteria (WOW factor) and includes extra items that SDCOE hasn t Request for Proposal P a g e 4 San Diego County Office of Education 6/3/2013

listed. The intent of the RFP is for the Project Teams to run the table satisfying all of SDCOE s needs. However, this may not be possible, so the BEST VALUE will be the team(s) that provide for the greatest number of SDCOE s needs. Any existing SDCOE parking space removed from service for the proposed project will be replaced in kind as part of the Project Team s proposal price. This Request for Proposal (RFP) includes a building program that outlines, in order of priority, the requirements for each project in terms of area, function, equipment performance and minimum standards of construction and a site map that locates existing buildings and acceptable location(s) for any new construction. The SDCOE property available for the Joint Occupancy Agreement ( Property ) is the north parking lots fronting Linda Vista Road located at 6401 Linda Vista Road, San Diego, CA 92111. The Joint Occupancy Agreement period will be as proposed by the Project Team but not longer than the 30 year projected useful life of the proposed facilities with an option to renew up to the maximum 66 years set by statute. All improvements made to the Property under the Joint Occupancy Agreement shall become the property of the SDCOE upon expiration or termination of the Agreement. All school facilities, as a minimum, must be designed to comply with the building standards of the California Division of State Architect ( DSA ) and all local health and safety rules and regulations. School facilities must also comply with local building and safety requirements, as applicable. Request for Proposal P a g e 5 San Diego County Office of Education 6/3/2013

B. GUARANTEED MAXIMUM PRESENT VALUE PRICE The proposer will be providing a guaranteed maximum price proposal listing every element and its burdened price totaling the Guaranteed Maximum present value price proposed. For instance, if the proposing team would like to build the Eiffel tower on the parking lot and each element desired by SDCOE, then the proposal will include in the order of construction: Project Element Proposed Price SDCOE 100 Net Parking Spaces $1,200,000 Offset SDCOE s Energy Footprint ($30,000 per year x 66 year lease) $1,980,000 New JCCS Classroom $500,000 Eiffel Tower $20,000,000 Guaranteed Maximum Present Value Price (GMPVP) $23,680,000 The entire project will be built to suit based upon criteria provide by this RFP for SDCOE s requirements and any criteria proposed for the selected partner s own improvements as amended by the Joint Occupancy agreement. The proposer will stipulate that the price point proposed will cover the improvements requested by SDCOE first, then any improvements by the proposer. The Proposal shall include the lease rate that would be paid by Proposer to the SDCOE for use of the Property over the term of the Joint Occupancy Agreement, any other form of compensation proposed and the proposed lease rate schedule. Request for Proposal P a g e 6 San Diego County Office of Education 6/3/2013

During the term of the Joint Occupancy Agreement, the selected Proposer will be required to reimburse the SDCOE for the cost of all utilities supplied by the SDCOE to the Proposer during the term of the Agreement, including one-half the utilities used in the shared space. This includes electricity, natural gas, water, sewer, trash, and telephone and internet service. The Proposer shall pay its own utilities costs on a monthly schedule. The successful Proposer shall absorb all costs due to abuses, pilferage, theft, breakage, damage, and/or vandalism of the Property. The proposing team shall also state how routine and planned facilities maintenance shall be handled during the lease period. The SDCOE reserves the right to inspect the facilities at any time. C. MISSION & PURPOSE The mission of the San Diego County Office of Education (SDCOE), as a world-class educational leader and trusted partner, is to transform public education and guarantee high levels of student achievement. In partnership with local school SDCOEs and the global learning community, SDCOE will research and apply innovative 21 st century practices; leverage resources; develop strategic alliances; inspire powerful leadership; and provide exemplary customized services to SDCOEs, communities and SDCOE students in all County Officeoperated programs. D. RFP BACKGROUND AND OVERVIEW California Education Code Sections 17515 et al., allows SDCOE to enter into a joint occupancy lease or agreement for property owned by SDCOE. This joint occupancy process is a two stage process: Stage 1 Joint Occupancy Request for Proposal (RFP). The Joint Occupancy RFP (this document and any addenda) lists the Request for Proposal P a g e 7 San Diego County Office of Education 6/3/2013

requirements, timeline, and judging criteria used to select the BEST VALUE partner and project to satisfy SDCOE stakeholders. The selected partner will enter into a joint occupancy agreement specific to the project with SDCOE. Stage 2 Project Construction Request for Proposal (RFP). Working with SDCOE and selected partner stakeholders, SDCOE will utilize a prequalified design-build delivery process to construct agreed improvements consistent with the BEST VALUE Joint Occupancy agreement on the SDCOE Linda Vista campus. At the completion of the construction, the joint occupancy of the improvements may commence. Payment for the construction improvement will be outlined in the Joint Occupancy agreement. Payment options may include: 1. Monthly or annual lease 2. Construction of SDCOE desired improvements with no further monthly or annual payments 3. Construction of some of SDCOE desired improvement and a monthly or annual lease starting at a future date 4. Combination of items 1 and 2 above 5. Other innovative financing that is approved by SDCOE and incorporated in the Joint Occupancy agreement. All information proposed for development and operation of the facilities must be accurate, complete and valid for the term of the joint occupancy agreement. The Proposer is responsible for the accuracy of the proposal submitted, and no allowance will be made for errors that the Proposer later alleges are retroactively applicable. The agreement which the successful Proposer will be required to execute incorporates all specifications, terms, and conditions included in the RFP documents, and all RFP documents should be carefully examined by the Proposer. Request for Proposal P a g e 8 San Diego County Office of Education 6/3/2013

All expenses incurred by the Proposer in preparing its proposal shall be borne solely by the Proposer. All Proposers must be authorized to do business or operate in California. If a Proposer is a sole proprietorship or partnership, the Proposer should furnish with the proposal a copy of a current business license issued in California. If the Proposer is a corporation, it must be approved by the California Secretary of State to do business in California. The Proposer should provide the corporate number issued by the Secretary of State with its proposal. E. OWNER S PRE- AND POST-PROPOSAL TEAM 1. The Owner s pre- and post-proposal team includes: a) Legal Advisor: Best, Best & Krieger b) Stakeholders: SDCOE c) RFP/Presentation Facilitator: SDCSS on Behalf of SDCOE d) OWNER: SDCSS on Behalf of SDCOE F. COMPETITION PROCESS OVERVIEW 1. The following process will govern the conduct of the competition and selection process for the Project. Entering the competition and responding to this RFP indicates your compliance with all procedures and requirements set forth in this RFP document. a) Proposal and Submittal Requirements (1) The competition will require submittal of a design concept, partial schematic design drawings, and a bound narrative at the end of the completion period. Each Project Team will have the opportunity to present its concept to the SDCOE Stakeholders. (2) Proposals should be submitted in a fashion that facilitates the making of additional copies. Presentation in stapled page sets, or in notebooks from Request for Proposal P a g e 9 San Diego County Office of Education 6/3/2013

which the pages are easily separated, is preferred. Please do not laminate pages or bind pages individually in clear plastic protectors. b) Program (1) A detailed description of the required program is provided in this RFP. These are minimum requirements. Teams need only stipulate where their proposal exceeds the minimum program areas. c) SDCOE Required Performance Criteria (1) Performance requirements establishing a minimum quality, performance and workmanship are provided in this RFP. Each proposal must include a certification that the proposal meets or exceeds these criteria for the Proposed price. The Team is encouraged to provide a description of how the project will exceed quality levels established by these performance requirements. d) Mid-Course Review (1) During the design-build competition, SDCOE will conduct one (1) confidential review workshop with each of the Project Teams. This workshop will be two (2) hours long per team and be used to clarify any aspect of the RFP. This review will only be for the purpose of helping ensure the concept follows the performance criteria and program as provided by SDCSS and to sunshine the Project proposed by the Project Team. If any questions arise requiring clarification to or modification of the performance criteria, an addendum will be issued by SDCSS to all competitors. In no instance will the nature of concepts or other confidential information from any team be shared with the other competitors. Request for Proposal P a g e 10 San Diego County Office of Education 6/3/2013

e) Basis of Award G. BEST VALUE SELECTION (1) The basis of award shall be on best value proposal(s) received that meet or exceed all of the performance criteria for one or all SDCOE needs as stated in this RFP, does not take unapproved exceptions to the performance requirements. (2) SDCSS reserves the right to make multiple awards if proposed projects are not mutually exclusive, and meet SDCOE s criteria. (3) Proposals will be evaluated per Section 4.D Scoring and Ranking. (4) The Proposal Price shall include all expected costs for delivery of the Proposed Project including planning, project integration, construction & equipment installation project management, 3 rd party permitting, Government fees, warranty, insurance, bonding, overhead, general conditions design, construction, equipment, testing, commissioning, project close out, special inspections, testing laboratories, building department inspections, labor compliance and Owner project management. (5) If it is necessary to issue one or more addenda or amendments to the conditions or specifications of this RFP, the addenda shall be posted on SDCOE s website at http://www.sdcoe.net/business2/?loc=facilitiesnew&m=1&pi=facilities. The selection of the proposed team shall be based on a best value evaluation of the proposed team s design concept and cost proposal for the entire. Request for Proposal P a g e 11 San Diego County Office of Education 6/3/2013

H. SDCSS RESERVATION OF RIGHTS 1. The issuance of this RFP constitutes only an invitation for the teams to present their proposal. The San Diego County Superintendent of Schools (SDCSS) reserve the right to determine, in their sole discretion, whether any aspect of the proposal satisfactorily meets the criteria established in the RFP and the right to seek clarification from any Teams submitting a proposal. SDCSS also reserves the right to modify any documents at any time prior to receiving proposals and to reject any or all responses received as a result of this solicitation; to extend the submission due date for the proposals; to modify, amend, reissue or rewrite this RFP document; and to procure construction services by other means. In the event the RFP is withdrawn by SDCSS or SDCSS does not proceed for any reason, SDCSS shall have no liability to any team for any costs or expenses incurred in connection with the preparation and submittal of a response to this RFP. 2. SDCSS reserves the right to hold discussions and/or negotiations with any of the teams in furtherance of SDCSS evaluation of any team s proposal and execution of a contract with a team, including without limitation, the Mid-Course Review. SDCSS will hold these discussions and/or negotiations in a fair and impartial manner and will not communicate any confidential information from any team to another team. In the event that any questions arise from such discussions and/or negotiations that require clarification to or modification of the criteria or performance requirements, SDCSS will issue an addendum to all of the teams. 3. SDCSS reserves the right to waive any informality or irregularity in the proposals submitted. 4. SDCSS reserves the right to, at any time, reject a proposal and deem the Project Team non-responsive. Once the proposal is submitted, the proposal shall be considered non-responsive if: Request for Proposal P a g e 12 San Diego County Office of Education 6/3/2013

a) Significant elements requested in the RFP are not provided. b) SDCOE reserves the right to incorporate any ideas and/or approaches that are presented by Project Teams that are not selected for the. c) The Proposer may withdraw its proposal at any time before the proposal submission deadline. d) A proposal submitted in accord with instructions constitutes a binding offer, subject to the good faith negotiation and signing of a Joint Occupancy Agreement between the parties. e) To be qualified for selection, the Proposer must demonstrate financial capacity. The Proposer must also be able to provide, to the satisfaction of the SDCSS the performance bond and/or irrevocable letter of credit required by Education Code section 17524(b). The Proposer s response must clearly demonstrate the capacity to handle the requirements of this contract. f) The SDCOE may cancel the Joint Occupancy Agreement for breach and/or for failure to comply with the terms and conditions of the Agreement, or as otherwise specified in the Agreement. This may include any cessation or diminution of service, a failure to maintain adequate safety, or any substantial change in ownership or operations which in the opinion of the SDCOE is not in its best interest. g) The Proposer shall be financially responsible for obtaining all required permits, licenses, and bonding to comply with pertinent Governing Board regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property. Request for Proposal P a g e 13 San Diego County Office of Education 6/3/2013

h) The SDCSS also reserves the right to waive any and all technicalities and non-substantive defects in any proposal. i) In the event that an apparently successful Proposer defaults or fails to execute the contract, the SDCSS may, at its election, accept the next most responsive proposal, or reject all proposals and solicit new proposals at that time. j) Insurance and Indemnification Requirements are listed below: 2. PROJECT REQUIREMENTS A. PROJECT SITE 1. Worker s Compensation statutory limits 2. Employer s Liability - $1 million 3. Commercial General Liability not less than $1 million 4. Comprehensive Automobile Liability. - $ 1 million The Proposer shall agree to indemnify and hold harmless SDCSS, SDCOE, their trustees, officers, employees, and agents, with respect to any loss or damage claimed to have resulted from its performance under the Joint Occupancy Agreement. 1. The Project site is located at the San Diego County Office of Education Linda Vista campus, 6401 Linda Vista Road, San Diego, CA 92111, within the County of San Diego, California. B. PROJECT DESCRIPTION 1. SDCOE Joint Occupancy Best Value Project tasks in priority order: a) 50 New Net Parking Spaces: Provide a minimum of 50 new parking spaces measuring 9 wide by 18 long with no Request for Proposal P a g e 14 San Diego County Office of Education 6/3/2013

obstructions in the stall or approach which would preventing entering and exiting. b) Offset Energy Footprint: Provide an annual cost offset covering the energy consumption at the Linda Vista campus or provide a project offset, such as solar, wind, geothermal, fuel cell or a portfolio of many proven technologies for the entire energy consumption footprint of the Linda Vista campus. c) Additional 50 New Net Parking Spaces: Provide a minimum of 50 new parking spaces measuring 9 wide by 18 long with no obstructions in the stall or approach which would preventing entering and exiting. d) New DSA JCCS classroom replacement. Provide a turnkey installed, minimum 1,920 SF DSA approved classroom space plus adjacent ADA-compliant women s and men s restrooms. Classroom includes relocating materials and equipment from existing classroom, repurposing existing classroom into viable conference room space and providing new classroom furnishings. 2. For additional information regarding the Project tasks included in this RFP see: a) Program Requirements (Appendix A) for space reports, adjacency diagrams, narratives and prescriptive specifications per Project task. b) Performance Requirements- SDCOE Building Standards (Appendix B) for general Project task specifications. c) Site & Utility Map (Appendix C) for the location of underground utilities and location on campus for any proposed site improvements proposed by RFP teams. Teams are encouraged to use this map as a guide to proposal preparation. (currently being developed will be provided in future RFP addendum). Request for Proposal P a g e 15 San Diego County Office of Education 6/3/2013

d) Geotechnical Report (Appendix C) for existing soils conditions (currently being developed will be provided in future RFP addendum). 3. Teams are encouraged to prepare proposals that limit construction impact on the campus and include the cost of impacts to the SDCOE mission in their proposal price. The campus will be occupied during the construction period. 4. The Proposal shall describe how the proposed use of the Property satisfies SDCOE priorities. 5. The Proposal shall describe how the Property would be jointly used and occupied. 6. The Proposal shall describe the potential benefits to the SDCOE of the shared use and joint occupancy being proposed. 7. As a general rule, all documents received by SDCSS are considered public records and will be made available for public inspection and copying upon request. If you consider any documents submitted with your response to be proprietary or otherwise confidential, please submit a written request for determination. Please note that submitted financial information will remain confidential and not subject to public disclosure. C. SDCOE S PROJECT SCHEDULE 1. A schedule has been established for conducting the competition and final selection process of the Joint Occupancy Project. The following schedule shall be maintained to the greatest degree possible. The schedule dates are subject to requested modification by the competing teams; however, the right to modify this schedule at any time is reserved by SDCOE. The Master Project Schedule identifies the key milestones as: Request for Proposal P a g e 16 San Diego County Office of Education 6/3/2013

RFP Issue-----------------------------------------------June 7, 2013 RFP Mid-Course Review ----------------------------June 21, 2013 Questions Deadline ---------------------------------July 12, 2013 Proposals Due ----------------------------------------July 19, 2013 Proposals Technical Review -----------------------July 22 July 26, 2013 Proposal Presentations to Stakeholders --------July 30 & 31, 2013 Proposal Selection -----------------------------------August 2, 2013 SDCOE Board Approval -----------------------------TBD in August 2013 Negotiate Joint Occupancy Agreement --------August 2013 Execute Joint Occupancy Agreement ------------August 2013 Initiate Design-Build RFP Process ----------------September 2013. D. SDCOE S PROJECT BUDGET 1. The Project Team shall develop and submit with the proposal a project budget as follows: a) Compensation: provide a complete burdened cost compensation for each SDCOE item proposed from RFP section 1.A. Soft costs should be included in the burdened cost and adequately allocated to all tasks listed. Any exceptions and/or limitations affecting the GMP shall be identified. Cost compensation can be any type noted in RFP section 1.D. b) Submit on Cost Proposal Form Attachment 4. E. JOINT OCCUPANCY AGREEMENT 1. The Proposed Joint Occupancy Agreement will be based upon requirements of this RFP and negotiated after BEST VALUE selection. Request for Proposal P a g e 17 San Diego County Office of Education 6/3/2013

2. In addition to the requirements contained in this RFP, there will be requirements contained in the Proposed Joint Occupancy Agreement, including but not limited to, the Project Team s indemnification of SDCOE, SDCSS and the Board of Education. 3. The Joint Occupancy Agreement shall be negotiated and finalized after selection of the Best Value team and before submitting to the SDCOE Board of Education for approval. 4. If the selected Best Value team and SDCSS cannot agree on acceptable terms, SDCSS may cancel negotiations with the Best Value team and elect to enter into negotiations and a Joint Occupancy Agreement with the next Best Value team. 3. PROPOSAL PROCESS AND SUBMITTAL REQUIREMENTS A. GRAPHIC SUBMITTAL REQUIREMENTS 1. Each team shall develop and present graphic submittal which provides SDCOE Stakeholders with a conceptual and visual understanding of all elements proposed in the project. Graphic submittals such as: a) Rendering: full color elevation perspective on foam board showing how the entire project would look after construction looking from on campus north to Linda Vista road and from Linda Vista road south toward the campus. b) Site Plan: a site plan showing all buildings, site features, and on-site improvements at a scale of 1 = 20-0. c) Floor / Space Plans: schematic floor plan for each project element on each floor level with general representation of all core elements and structure, and all enclosed spaces. The space plans would identify the net square feet allocated to each organizational component listed in the Program Requirements. Request for Proposal P a g e 18 San Diego County Office of Education 6/3/2013

d) Elevations: color exterior building elevations of each project element including indication and limits of all material types and colors, and any shading devices. e) Sections: building cross sections showing project element(s) elevations in relationship to the other site improvements or ground planes. f) Interior Perspective: a sketched interior perspective of significant project elements. g) Massing Study Model: a monochromatic wood, chipboard or museum board, massing study model for the project site Including elements adjacent to the proposed project elements for context and scale. h) Other: diagrams, charts, and photos to further illustrate the proposal. B. WRITTEN SUBMITTAL REQUIREMENTS 1. The following written information is required for compliance with this RFP: Submit five (5) sets. a) Project Description (limit 5 pages): a narrative description how the Proposal complies with the RFP. The narrative should be substantial enough to illustrate that the Proposal meets the RFP requirements. b) Joint Occupancy Compensation: The Project Team s compensation to SDCOE for the use of the property. This can be expressed in value of the proposed SDCOE needed elements, annual lease payments or a combination of both. c) Project Compliance with Minimum Program and Performance Requirements: A brief written statement certifying that all mandatory program and performance requirements of the RFP are met by the proposal. Request for Proposal P a g e 19 San Diego County Office of Education 6/3/2013

d) Summary of Value-Added Enhancements (optional): A brief narrative description of any proposed value-added enhancements or extra project items included in the submittal. C. PROPOSAL PRESENTATION 1. Each team shall make a formal presentation of its proposal. The proposal graphic submittal shall be used for the presentation. Additional presentation materials may be used at the discretion of the Project Team. The intent is to allow the Project Team to express the key elements of its proposal and to offer the selection panel the opportunity to ask questions. D. SUBMITTAL SCHEDULE AND DELIVERY 1. Complete proposals must be received by the SDCOE no later than: Friday, July 19, 2013, on or before 4:00 PM PST. No late submittals will be accepted. Submit complete proposals to: San Diego County Superintendent of Schools Educational Facility Solutions Group Mr. Mikal Nicholls 6401 Linda Vista Road, Suite 506 San Diego, CA 92111 2. Proposal presentations will be scheduled on: Tuesday, July 30 and Wednesday, July 31, 2013. All proposers must be available to present on either day. A presentation schedule with specific appointment times will be provided to the Teams no later than Monday, July 22, 2013. Request for Proposal P a g e 20 San Diego County Office of Education 6/3/2013

Presentations will be held at SDCOE Linda Vista Campus room 508. Questions regarding this RFP shall be directed to Mikal Nicholls via email only at mnicholls@sdcoe.net. Individuals interested in submitting Proposals must make personal contact only with SDCSS representative identified in RFP and should not contact SDCOE s Governing Board members, the Superintendent, or any other official or staff of SDCOE or SDCSS. Any person or entity that violates this directive will be disqualified from further consideration. To ensure that questions are received and read, the subject line in the email must include the following description: RFP Questions for. 4. EVALUATION METHOD AND SCORING A. EVALUATION PROCESS 1. The evaluation process shall follow several sequential steps and utilize scoring criteria to ensure that each proposal is evaluated in the same manner. a) Receipt of Proposal and SDCSS Administrative Review. Project Team s proposal received by SDCSS and reviewed by SDCSS for adherence to criteria, performance requirements and completeness. b) Criteria Evaluation. Review and rating by 3rd party for technical compliance with criteria. c) Presentation Meeting. Formal presentation to SDCOE Stakeholder review panel. d) Presentation Meeting Evaluation. Scoring proposals and overall team rating by SDCOE Stakeholder panelists. Request for Proposal P a g e 21 San Diego County Office of Education 6/3/2013

e) Final Scoring and Ranking. Combined ranking of presentation evaluations and 3rd party technical criteria compliance to determine the best value and final ranking. 2. Each proposal will be pre-screened by the SDCSS to determine the completeness of each proposal package, degree to which each proposal conforms to the criteria and performance requirements, and extent to which minimum performance criteria are exceeded. 3. Adherence to mandatory criteria will be evaluated first and only those proposals meeting all mandatory criteria will move forward in the process to be further evaluated. B. SUBSTANTIATION OF COMPLIANCE 1. Substantiation is defined as any form of evidence, including a simple certification that the Proposed Project shall comply with the RFP program and performance requirements. C. EVALUATON OF PROPOSAL SUBMITTAL 1. Receipt of Proposal and SDCSS Administrative Review. All proposals shall be examined for compliance with minimum RFP requirements. Notwithstanding typographical and/or administrative errors in the written proposal material, proposals that don t meet the minimum RFP requirements will not be sent to the 3 rd party technical consultant and the PROJECT TEAM will not be eligible to compete for this Project. Agency administrative review will be scored as PASS/FAIL under the Minimum Administrative Standard section of the Scoring Criteria. 2. 3 rd Party Technical Review. The 3 rd party technical review shall be included in the formal scoring. The 3 rd party review will focus on technical compliance, design efficiency and quality of proposals without discussion with any of the PROJECT TEAM s and shall be the basis of the Minimum Technical Standard section Scoring Criteria. Request for Proposal P a g e 22 San Diego County Office of Education 6/3/2013

Each proposal s technical review will be evaluated for compliance with the program and performance criteria. The 3 rd party technical advisor may provide questions for the presentation panel to ask during presentation. 3. During the technical evaluation period the SDCSS may request clarification or additional information on a proposal from any Project Team. Any issues requiring clarification will be addressed by the SDCSS as written questions and transmitted to the appropriate Project Team. The Project Team will respond to the SDCSS via e-mail. Verbal responses will not be permitted. In any written response to requests for clarification from the SDCSS, the Project Team will not be allowed to modify or amend its proposal in any substantive way. The SDCSS will consider the information included in any written clarifications requested by the SDCSS in its technical evaluations. 4. Presentation Meeting. The presentation meeting evaluation shall be based on a formal scoring method using the Scoring Criteria. a) Each panelist shall rate the value of the proposal based on the panelist s individual evaluation of the presentation and written proposal. b) The individual presentation evaluations (ratings) shall then be combined to produce a calculated (average) rating for each criterion. c) The Presentation Panel shall consist entirely of San Diego County Office of Education stakeholders. The presentation will be facilitated by a non-voting member of the SDCOE staff. D. SCORING AND RANKING 1. The scoring and ranking is based on evaluation of the proposal as measured against the Scoring Criteria. Proposals will be evaluated using the criteria and procedures and ranked from the most valuable Request for Proposal P a g e 23 San Diego County Office of Education 6/3/2013

to the least valuable to the SDCOE Stakeholders. The SDCSS will use the following procedure for final selection of the PROJECT TEAM: a) Minimum Administrative Standard (qualitative). Scoring: PASS/FAIL The proposal is complete and not missing any sections per this RFP. If pass, the proposal shall proceed to the next section. If fail, the proposal shall be deemed nonresponsive. b) Minimum Technical Standard (qualitative). Scoring: PASS/FAIL Provide certification that proposed project meets program performance, technical, budget and schedule requirements per this RFP. If pass, the proposal shall proceed to the next section. If fail, the proposal shall be deemed non-responsive. Request for Proposal P a g e 24 San Diego County Office of Education 6/3/2013

c) Scoring Criteria (quantitative). POINTS 60 5 15 SCORING FACTOR Compensation Total value of the compensation for using SDCOE s property. This includes many of the listed SDCOE needs are covered by the Proposal plus the value of any lease consideration. Proposal Quality RFP and presentation quality. Quality of Proposed Items Evaluation of Proposal compliance with the RFP Performance Criteria and SDCOE Standards. Enhancements Evaluation of quality upgrades (enhancements) separately listed in the Proposal which are above and beyond the RFP minimum Performance Criteria 10 and SDCOE Standards Extra Items Evaluation of items not listed in the RFP offered in the Proposal which would be of value to SDCOE. Extra items should be listed separately and include a 10 cost allowance and detailed description. 100 Total Points Available Points distribution: The highest rated proposal, as judged by the Presentation Panel will get maximum points for that scoring factor. The next two proposals will get 85% and 70% (truncated to the nearest whole number) of the maximum points available for that scoring factor, respectively. For example, Guaranteed Minimum Present Value Price with a maximum of 60 points would be scored as follows: (1) First Place 60 points (2) Second Place 51 points (3) Third Place 42 points Request for Proposal P a g e 25 San Diego County Office of Education 6/3/2013

d) Aesthetics and Functionality (qualitative). Scoring: MOST DESIRABLE/LEAST DESIRABLE based on the aesthetics, function and quality of the proposed project that best meets the interests of the SDCOE Stakeholders. The SDCSS desires the Project s aesthetics to be within the context of the existing campus location and compatible with the mission of the SDCOE campus. The design of the Project shall be guided by the existing campus and foreseeable neighborhood context in its use of form, materials and colors. The SDCOE Stakeholders desire an aesthetically attractive, functional, cost effective and practical project. e) Best Value Determination (qualitative). Scoring: BEST VALUE The PROJECT TEAM with the optimum combination of Criteria Factor score and Aesthetics and Functionality ranking shall be recommended by the SDCOE Stakeholder scoring team to the SDCOE Board of Education for Award of the Joint Occupancy Agreement as representing the best value for the project. If more than one compatible Project can reasonably be built on the available site, SDCOE may consider awarding to multiple project teams. 5. JOINT OCCUPANCY AGREEMENT AWARD PROCEDURE A. NEGOTIATION AND PROPOSAL REVISIONS 1. After selection by the SDCOE Stakeholders, the selected team (s) will meet with the SDCSS to review its proposal; to reconfirm the proposal conforms to all minimum requirements established herein, to clarify any items contained herein, and to determine if the team is aware of any ambiguities, inconsistencies, conflicts, errors or omissions of this RFP. Request for Proposal P a g e 26 San Diego County Office of Education 6/3/2013

2. During this evaluation and negotiation timeframe, the SDCSS will identify changes, if any, to the proposed Project that must be implemented to incorporate features required by the SDCOE Stakeholders. As a condition of executing the Joint Occupancy Agreement and at no additional cost to the SDCSS, the PROJECT TEAM shall make any necessary revisions or modifications to their proposal to ensure conformity with all requirements of this RFP. The PROJECT TEAM and SDCSS shall negotiate all other desired changes to the Proposal. B. CONTRACT NEGOTIATIONS 1. If the final negotiation of the Joint Occupancy Agreement with the highest ranked PROJECT TEAM is not successful, the SDCSS may terminate negotiations and begin negotiations with the next highest ranked PROJECT TEAM. This right shall be continued until a satisfactory Joint Occupancy Agreement can be negotiated or until the SDCSS elects to reject all proposals. 2. If for any reason prior to entering into the Joint Occupancy Agreement it becomes necessary to terminate the Project, the SDCSS may do so with no further obligation to any Project Team. C. JOINT OCCUPANCY AGREEMENT EXECUTION The PROJECT TEAM s proposal will be a firm offer to enter into a Joint Occupancy Agreement in a form which restates elements from this RFP. Review and satisfaction by the SDCSS with all post agreement award submittals described in the next paragraph will be a condition precedent to execution of the agreement. The Joint Occupancy Agreement will require approval of the SDCOE Board of Education prior to issuance of a Notice to Proceed (NTP) and the execution of the agreement. All Proposers who respond to the RFP will be notified in writing of the SDCSS intent to award the contract as a result of this RFP. After Request for Proposal P a g e 27 San Diego County Office of Education 6/3/2013

notification of the intent to award is made, all copies of proposals will be made available for public inspection. D. POST AGREEMENT AWARD SUBMITTALS 1. Insurance and Bonds. The PROJECT TEAM shall submit to the SDCSS all insurance and bond submittals required under the Joint Occupancy Agreement (or other contract form) or other documentation acceptable to the SDCSS in its sole discretion that the PROJECT TEAM will be able to provide all such insurance and bond requirements a minimum of ten (10) working days prior to execution of the contract. The required insurance and bonds submittals or other acceptable documentation shall be reviewed by the SDCSS prior to execution of the contract. Request for Proposal P a g e 28 San Diego County Office of Education 6/3/2013

ATTACHMENT 1 JOINT OCCUPANCY AGREEMENT (not included in RFP to be negotiated after selection) Request for Proposal P a g e 29 San Diego County Office of Education 6/3/2013

ATTACHMENT 2 PROPOSAL SUBMITTAL FORM PROPOSAL TO: PROPOSAL FOR: San Diego Superintendent of Schools Educational Facility Solutions Group Mikal Nicholls 6401 Linda Vista Road, Room 506 San Diego, CA 92111 SDCOE Submit in a separately from the cost proposal, clearly marked for identification. IDENTIFICATION OF PROPOSED TEAM: Legal Name of Proposed Team Federal I.D. Number Business Address Business Telephone Number Business Facsimile Number Proposed Team Point of Contact (POC) POC E-mail Address POC Telephone Number ADDENDUM: Receipt of the following Addenda is hereby acknowledged: Number Date Initials LEGAL CONTRACTING ENTITY SIGNATURE (Seal Required) Signature below shall bind the Proposed Team to all representations included in this Proposal and all Attachments, Appendices and Exhibits hereinto. Signature of Proposed Team Leader Name & Title of Proposed Team Leader Signature Legal Name of Proposed Team Date Request for Proposal P a g e 30 San Diego County Office of Education 6/3/2013

ATTACHMENT 3 COST PROPOSAL FORM PROPOSAL TO: PROPOSAL FOR: San Diego Superintendent of Schools Educational Facility Solutions Group Mikal Nicholls 6401 Linda Vista Road, Room 506 San Diego, CA 92111 SDCOE Submit in a separate, sealed envelope, from the proposal, clearly marked for identification. The undersigned hereby proposes and agrees to provide the financing noted for the following Scope of Work. COST PROPOSAL BUDGET SDCOE : ITEM DESCRIPTION BUDGET AMOUNT 1 SDCOE 100 Net Parking Spaces $ 2 Offset SDCOE s Energy Footprint for years $ 3 New JCCS Classroom $ 4 List of Proposer Improvements $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ Total Complete Scope of Work for the Guaranteed Maximum Present Value Price (GMPVP) of: $ LEGAL CONTRACTING ENTITY SIGNATURE (Seal Required) Signature below shall bind the Proposed Team to all representations included in this Proposal and all Attachments, Appendices and Exhibits hereinto. Request for Proposal P a g e 31 San Diego County Office of Education 6/3/2013

Signature of Proposed Team Leader Name & Title of Proposed Team Leader Signature Legal Name of Proposed Team Date Request for Proposal P a g e 32 San Diego County Office of Education 6/3/2013

ATTACHMENT 4 PROPOSAL CERTIFICATION FORM PROPOSAL TO: PROPOSAL FOR: San Diego Superintendent of Schools Educational Facility Solutions Group Mikal Nicholls 6401 Linda Vista Road, Room 412 San Diego, CA 92111 SDCOE Submit in a separate, sealed envelope, with the Cost Proposal Form, clearly marked for identification. GUARANTEED MAXIMUM PRESENT VALUE PRICE (GMPVP): The undersigned, having fully examined the RFP issued, and any and all attachments and addenda thereto, and the properties to be developed, proposes to furnish financing to do all the work in compliance with the terms and conditions of the RFP, without exception, and the herein proposal, for a Guaranteed Maximum Present Value Price of: ($ ) for SDCOE, TIME FOR COMPLETION: The undersigned agrees to comply with the Project Schedule listed in this RFP unless amended by the Joint Occupancy agreement. CERTIFICATION: 1. The undersigned has read and understands the RFP. 2. The undersigned has become familiar with the local site conditions under which the work is to be performed and has correlated personal observations with the requirements of the RFP. 3. The proposal submitted by the undersigned is made in accordance with the RFP and is based upon materials, systems, and equipment specified therein that will support or exceed the minimum quality, service, utilization, performance, and other levels specified therein, without exception; and SDCSS is not responsible for any error or omission in this proposal or in its preparation. 4. If SDCSS recommends the undersigned be awarded a Joint Occupancy Agreement, the undersigned will meet with SDCSS to review in detail this proposal and will make any necessary changes or revisions to this proposal, including any and all submittals and proposed materials, systems and equipment to ensure the proposed Project meets or exceeds all requirements of SDCSS as identified in the RFP. 5. The undersigned will not modify, amend, revoke or withdraw this proposal, without written permission of SDCSS for a period of not less than five (5) months following the submission due date and time specified in the RFP or until a final Joint Occupancy Agreement has been executed, whichever occurs first. Request for Proposal P a g e 33 San Diego County Office of Education 6/3/2013

6. The undersigned, or any member of its Project Team, or any agent or representative thereof, has not collaborated or communicated with, or entered into any understanding agreements, whether written or oral, whether direct or indirect, or otherwise, with any other Project Team, or any agent or representative of such other Project Team in the preparation of this proposal. 7. This proposal is genuine and is not a sham or made in the interest of, or on behalf of, any person not herein named. 8. The undersigned, or any member of its Project Team or any agent or representative thereof, has not engaged in any communication or contact with SDCSS, SDCSS employee, SDCSS consultants, except as specifically allowed and limited by this RFP. 9. The undersigned expressly acknowledges that the Proposal representations, including the quality and/or quantity of such items, specified in the Project Team s represents a substantive basis which SDCSS shall factor into its determination of the best value for award of the Joint Occupancy Agreement. Accordingly, any change in such Proposal representations without the express written authorization of SDCSS may represent a breach of the Joint Occupancy Agreement. LEGAL CONTRACTING ENTITY SIGNATURE (Seal Required) Signature below shall bind the Proposed Team to all representations included in this Proposal and all Attachments, Appendices and Exhibits hereinto. Signature of Proposed Team Leader Name & Title of Proposed Team Leader Signature Legal Name of Proposed Team Date Request for Proposal P a g e 34 San Diego County Office of Education 6/3/2013

APPENDIX A PERFORMANCE CRITERIA Request for Proposal P a g e 35 San Diego County Office of Education 6/3/2013

APPENDIX B SDCOE BUILDING STANDARDS Request for Proposal P a g e 36 San Diego County Office of Education 6/3/2013

APPENDIX C SITE & UTILITY MAP AND GEOTECHNICAL REPORTS Request for Proposal P a g e 37 San Diego County Office of Education 6/3/2013

APPENDIX D EDUCATION CODE 17515 ET AL. EDUCATION CODE SECTION 17515-17526 17515. Any school SDCOE may enter into leases and agreements relating to real property and buildings to be used jointly by the SDCOE and any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article. As used in this article, "building" includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the SDCOE and the private person, firm, or corporation. It also includes the permanent improvement of school grounds. Any building, or portion thereof, that is used by a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated. Section 53094 of the Government Code shall not be applicable to uses of school SDCOE property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes. 17516. (a) Before the governing board of a school SDCOE enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the SDCOE and private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation may be constructed and shall have complied with the Request for Proposal P a g e 38 San Diego County Office of Education 6/3/2013

provisions of law relating to the selection and approval of sites. (b) This section shall not apply to any building to be acquired by purchase pursuant to Article 2 (commencing with Section 17110) of Chapter 16 of Part 10. 17517. The term of any lease or agreement entered into by a school SDCOE pursuant to this article shall not exceed 66 years. 17518. (a) The governing board of a school SDCOE may let to any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation, any real property that belongs to the SDCOE if the instrument by which the property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the school SDCOE and the private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation during the term of the agreement. (b) However, title to that portion of the building to be occupied by the private individual, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to that portion of the building to be occupied by the SDCOE shall vest in the SDCOE upon completion thereof and acceptance thereof by the school SDCOE. No rental fee or other charge for the use of the building shall be paid by the SDCOE. 17519. Any lease of real property by a school SDCOE to a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article shall be upon the terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article. However, any lease or agreement pursuant to this article shall be subject to Article 7 (commencing with Section 35230) of Chapter 2 of Part 21. 17520. Before entering into a lease or agreement pursuant to this article, the governing board of a school SDCOE shall comply with Request for Proposal P a g e 39 San Diego County Office of Education 6/3/2013