rfp-14-0024-pm-cm-services-final-121013

ORLEANS PARISH SCHOOL BOARD PURCHASING/ANCILLARY SERVICES DEPARTMENT 3520 General De Gaulle Drive, Suite 5078 New Orleans, LA 70114 Telephone (504) 304-5645 FAX (504) 309-2879

ORLEANS PARISH SCHOOL BOARD SPECIFICATIONS FOR PROGRAM / CONSTRUCTION MANAGEMENT SERVICES PROPOSAL SUBMITTAL DEADLINE: JANUARY 9, 2014 AT 4:00 PM NOTE: Proposal to be submitted in one original and one (1) copy on CD or flash drive.

MANDATORY PRE-PROPOSAL CONFERENCE: DECEMBER 30, 2013 AT 10:00 AM PROPOSER: _______________________________ SIGNATURE: ______________________________ NAME:____________________________________ (Print or Type)

ADDRESS:_________________________________ CITY, STATE, ZIP:_________________________ PHONE:___________________________________ FAX NUMBER: ____________________________ E-MAIL ADDRESS:_________________________ TERMS: ___________________________

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ORLEANS PARISH SCHOOL BOARD PURCHASING DEPARTMENT 3520 General De Gaulle Drive, 5th Floor, Room 5078 New Orleans, Louisiana 70114

ADVERTISEMENT

REQUEST FOR PROPOSALS NO. 14-0024 PROGRAM / CONSTRUCTION MANAGEMENT SERVICES Sealed proposals relative to the above will be received in the Purchasing Department for the Orleans Parish School Board (OPSB) at 3520 General De Gaulle Drive, Fifth Floor Room 5078, New Orleans, Louisiana 70114 until 4:00 P.M. on Thursday, January 9, 2014.

Specifications and proposal documents may be obtained upon request from the OPSB Purchasing Department in writing, by email (leslie_rey@opsb.us), by calling (504) 304-5645 or by visiting the web site www.opsb.us.

MANDATORY PRE-PROPOSAL CONFERENCE: MONDAY, DECEMBER 30, 2013 AT 10:00 A.M., ORLEANS PARISH SCHOOL BOARD, 4TH FLOOR CONFERENCE ROOM 4050, 3520 GENERAL DE GAULLE DRIVE, NEW ORLEANS, LA 70114.

The OPSB reserves the right to reject any or all proposals whenever such rejection is in its best interest in accordance with law. The provisions and requirements of this advertisement shall not be waived.

ORLEANS PARISH SCHOOL BOARD BY:

FIRST INSERTION DATE: SECOND INSERTION DATE: THIRD INSERTION DATE:

Mr. Leslie J. Rey Purchasing/Ancillary Services Director

WEDNESDAY, DECEMBER 11, 2013 WEDNESDAY, DECEMBER 18, 2013 FRIDAY, DECEMBER 27, 2013

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TABLE OF CONTENTS Instructions to Proposers ..................................................................................................................4 Indemnity and Insurance Requirements...........................................................................................7 Terms and Conditions ....................................................................................................................10 Submittal Requirements .................................................................................................................11 Background and General Information ...........................................................................................17 Equal Opportunity..........................................................................................................................18 Non-Discrimination .......................................................................................................................18 Liability of Subcontractors ............................................................................................................19 Penalties for Failure to Comply .....................................................................................................19 Evaluation Process .........................................................................................................................20 Selection Process ...........................................................................................................................21 Communication Protocol ...............................................................................................................22 List of Capital Projects (Exhibit A) ...............................................................................................23

Attachments: A – Scope of Services ....................................................................................................................24 B – Definitions ...............................................................................................................................36 C – OPSB DBE Program ...............................................................................................................39

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ORLEANS PARISH SCHOOL BOARD PURCHASING DEPARTMENT 3520 General De Gaulle Drive, Fifth Floor New Orleans, Louisiana 70114

INSTRUCTIONS TO PROPOSERS A signed original and one copy on CD or flash drive shall be submitted in a sealed envelope and clearly marked: RESPONSE TO REQUEST FOR PROPOSAL NO. 14-0024 PROGRAM / CONSTRUCTION MANAGEMENT SERVICES TO BE RECEIVED ON THURSDAY, JANUARY 9, 2014 AT 4:00 P.M. and addressed to the Purchasing Department, Orleans Parish School Board, 3520 General De Gaulle Drive, Room 5078, New Orleans, Louisiana 70114. The name and address of the company submitting the Request for Proposal must appear on the top left corner of the envelope containing the proposal documents.

Hand-carried and express mail PROPOSALS may be delivered to the above address ONLY between the hours of 8:00 a.m. and 4:30 p.m. local time, Monday through Friday, excluding holidays observed by the OPSB. The Orleans Parish School Board will not be responsible for the opening of, post-opening of, or failure to open a Proposal not properly addressed or identified.

The Orleans Parish School Board will not assume the responsibility for any delay as a result of failure of any entity to deliver Proposals on time.

No Proposal will be accepted after 4:00 P.M. on January 9, 2014 under any conditions whatsoever. In order for your company to be provided proof of delivery time, proposals should be hand delivered, sent by registered mail, or private carrier only to the Purchasing Department, 3520 General De Gaulle Drive, Room 5078, New Orleans, Louisiana 70114.

MANDATORY PRE-PROPOSAL CONFERENCE: A Mandatory Pre-proposal Conference will be held on Monday, December 30, 2013 at 10:00 A.M. in room 4050, 3520 General De Gaulle Drive, New Orleans, LA 70114.

REQUEST FOR PROPOSAL DOCUMENTS: A complete set of Request for Proposal documents shall be used in preparing proposals; neither the Orleans Parish School Board nor its representatives assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Request for Proposal Documents.

The forms furnished as part of the specifications MUST be used for filing of Request for PROPOSALS and must be signed by the proposer. No proposals will be considered unless made on the forms provided and must not be detached from the proposal document of which it forms a part. Failure to follow these instructions may result in your proposal being disqualified.

OBJECTION TO THE AWARD: If any Proposer who submitted a proposal has an objection to the award of the Contract to the Apparent Low Proposer, the objecting Proposer shall furnish that protest, in writing, to the Purchasing/Ancillary Services Director within two (2) Business

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Days of the date of the Contract award. The protest shall describe in detail the basis for the protest, and shall request a determination under this section of the Instructions to Proposers. If a protest is filed in a timely fashion, the Purchasing/Ancillary Services Director will review the basis for the protest and relevant facts under such terms and conditions as he considers proper.

Upon completion of the review, the Purchasing/Ancillary Services Director shall submit his findings and recommendations to the Superintendent and/or OPSB who shall then review the matter under such terms and conditions, as deemed proper. Upon receipt of authority to act from the Superintendent or OPSB, the Purchasing/Ancillary Services Director will notify those Proposers involved of its decision. The decision shall be final and binding on the objecting Proposer.

WITHDRAWAL OF BID: Any bid may be withdrawn if clear and convincing sworn, written evidence of obvious mechanical, clerical or mathematical error is furnished by the proposer to the Purchasing/Ancillary Services Director within 48 hours of proposal receival.

SUPPLIER PERFORMANCE AND EVALUATION: The proposer, vendor, service provider and/or supplier performance process will involve evaluating the proposer, vendor, service provider and/or supplier’s overall quality status, as well as evaluating the quality of each material or service the Orleans Parish School Board wishes to purchase from the said proposer, vendor, service provider and/or supplier. Prior to the invoice submission, the proposer, vendor, service provider and/or supplier, shall meet with a purchasing representative to discuss and review deliverables and timeline events for said services. Contract with automatic renewals will be based upon the Orleans Parish School Board evaluating and analyzing proposer, vendor, service provider and/or supplier performance.

DEBARMENT AND SUSPENSION: To ensure that the Orleans Parish School Board does not enter into a contract with a debarred or suspended company or individual, each responsive proposer must include a certification statement with each bid. By signing the certification statement, the proposer certifies that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred or suspended by a Federal Agency. It is the responsibility of each proposer to sign the attached certification statement and submit it with the bid. Failure to comply with this requirement will cause your bid to be disqualified and declared non-responsive.

CONTRACTS OVER $100,000: The Proposer must comply with the applicable standards, orders or requirements issued under Section 306 of the Clean Air Act [(42 USC 1837 (h)], Section 508 of the Clean Water Act (32 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR, Part 15), which prohibit the use under non-exempt federal contracts, grants or loans of facilities included in the EPA list of violating facilities.

Proposer shall report any violations to the Orleans Parish School Board, the Department of Agriculture and to the Environmental Protection Agency Assistant Administrator for enforcement.

CONSIDERATION OF PROPOSAL: The Board reserves the right to select any part of the proposal or the whole proposal as well as to reject any and all bids whenever such rejection is in its best interest in accordance with law.

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INQUIRIES: All inquiries must be addressed in writing to Mr. Leslie J. Rey, Purchasing/Ancillary Services Director at 3520 General DeGaulle Drive, Room 5078, New Orleans, Louisiana 70114 or fax to (504) 309-2879 or E-mail www.leslie_rey@nops.k12.la.us.

No contact in any form or manner is to be made with any employee of the District except through Mr. Leslie J. Rey. Violation of this provision shall be considered grounds for disqualification of the violator employer's proposal.

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INDEMNITY AND INSURANCE A.

The Contractor shall indemnify and hold harmless the OPSB, its Board Members, Officers, Staff Directors, etc. for and against any and all losses, damages, and liabilities whatsoever for injury to or death of persons, or loss of or damage to property, including Government property of any kind or nature caused by or arising out of the performance of the work or services required hereunder by the contractor or the officers, employees, or agents of the Contractor.

B.

The Contractor shall, as a minimum, obtain and maintain during the entire period of performance of this contract insurance provided by insurers authorized to transact business in the State of Louisiana, has and maintains a minimum of a “A” rating or better financial size category as shown in the most current AM Best Company ratings the following coverage placements: 1.

Workmen's Compensation and Employees Liability Insurance – Worker’s Compensation insurance limits as required by the Labor Code of the State of Louisiana meeting minimum statutory requirements and Employer’s Liability coverage with a minimum of $500,000. The policy shall include a waiver of subrogation in favor of the District (OPSB).

2.

Comprehensive General Liability/ Professional Liability Insurance – For Standard Contracts, minimum limits of $1,000,000 per occurrence. The policy shall include a waiver of subrogation in favor of the OPSB with an additional insured endorsement. For Architectural & Engineering (A&E) projects, the Contractor shall provide evidence of coverage for Professional Liability and or E&O Liability subject to limits of not less than $1,000,000 with additional insured and/or a waiver of subrogation endorsement in favor of the District (OPSB). The liability insurance shall remain in effect until the end of the Correction Period and at all times after that when the Contractor may be correcting or removing and replacing, defective work.

3.

Motor Vehicle Liability Insurance - Minimum limits of $250,000 per person and $500,000 per occurrence for bodily injury liability and $100,000 for property damage liability is required on each vehicle owned, non owned or hired to be used in conjunction with the contract. The policy shall include a waiver of subrogation in favor of the District (OPSB).

4.

Property, Builder’s Risk Insurance – The Contractor (for repair, construction, fabrication, etc. projects) shall purchase and maintain property insurance, including earth movement and flood, covering work at the site in the full amount of the respective contract and/or changes in contract values due to change orders.

The property insurance shall be “All Risk Builder’s Risk Completed Value Form Insurance or equivalent manuscript policy and shall include the interests of the OSPB, Contractor, Subcontractors and Suppliers, Architect and the Owners and Architect’s consultants as their interest may appear, all of whom shall be named

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as additional insured’s. The corresponding deductibles, shall be borne by the Contractor & the policy shall also be endorsed to comply with the waiver of subrogation rights in favor of or applicable to the OPSB. 5.

Bonding – The Contractor (other than A&E and Demolition projects) shall furnish a Performance Bond in the full amount of the contract price. The Labor and Material Payment Bond shall also be in the full amount of the contract price. The Performance Bond shall remain in effect until the end of the “correction period” and at all times after that when the contractor may be correcting or removing and replacing defective work. The Contractor shall also furnish any maintenance bonds and manufacturer performance bonds, each in the amount and for specified that are required in the Supplementary conditions or technical Specifications.

Attorney-in-Fact who sigh bonds shall attach a certified copy of their Power of Attorney to sign bonds and conduct business in the respective State.

6.

Excess Liability Insurance – The OPSB reserves the right to require this coverage subject to the value of the contract or scope of work required in the contract. If required, the excess liability insurance shall follow the same form and offer the same protections as employer’s liability, general liability and auto liability. It shall also be as broad as the underlying policies of liability. Limits of Excess Liability coverage will be established based on the size and scope of the contract project. Additional insured and/or waiver of subrogation endorsements will be required.

C. The minimum insurance amounts specified in paragraph B shall not include a deductible.

Notwithstanding, if there is a deductible incorporated into the terms of the insurance policy, then OPSB shall not be liable for the deductible, nor shall it be an allowable cost if paid by the CONTRACTOR. Insurance issued on a claims-made basis and completed operations insurance shall be maintained for 2 years after acceptance and evidence of coverage shall be furnished to the OPSB yearly.

D. The insurer’s cost of providing the insured’s a defense and appeal, including attorney fees, shall be supplementary and shall not be included as part of the policy limits, but shall remain the insurer’s separate responsibility. If any of the Contractor’s sureties or insurers is declared bankrupt or placed into receivership, ceases to meet any of the requirements of the Contract Documents or its license to do business in the State of Louisiana is revoked or expires, the Contractor shall meet the requirements of the contract documents.

E. Certificates of insurance evidencing that the requirements of paragraph B have been met shall be furnished to OPSB before work is commenced with respect to performance under this Contract. In addition to the certificate of insurance, a copy of all required endorsements will be required as proof of the coverage placement. The insurance required pursuant to the provisions of this clause shall be in such form and for such periods of time as OPSB may require or approve, and with insurers approved by OPSB. Provisions shall be made for 30 days advance written notice by mail to OPSB of change

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in or cancellation of such insurance.

F. In the event the CONTRACTOR fails to furnish such certificates prior to the commencing of work or to continue to maintain such insurance during the performance of the Contract OPSB shall have the right to withhold any payments or partial payments required to be made under this Contract; and shall have the right to continue withholding any or all of said payments so long as the CONTRACTOR has not complied with the requirements of this clause.

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TERMS AND CONDITIONS: Contract Document: This RFP and any addenda, Proposer's proposal, any additional information requested, and negotiated changes will constitute the final contract.

Wherever used herein, “this contract� refers to the final contract resulting from the RFP evaluation and negotiation process.

Contract Term: The contract term will be for an initial THREE (3) year period, commencing upon award, and expiring twelve (12) months thereafter with an option to renew. (See contract extension terms) Contract Extension: If mutually agreed by both parties the contract may be extended for two (2) additional one (1) year periods.

Proposal Binding Proposer agrees that this proposal shall be binding and may not be withdrawn for a period of one hundred twenty (120) calendar days after the scheduled closing date of this Request for Proposals.

Payment terms are net 30.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered Transactions (Form AD-1048) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities.

The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS THAT FOLLOW) (1)

The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2)

Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name_____________________________________________________________

Name and Title of Authorized Representative_____________________________________________________

Signature___________________________________________Date_______________

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Instructions for Completing Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (Form AD-1048) NOTE: Each responsive proposer must include this certification statement with each proposal exceeding $100,000, or any contract for audit services regardless of amount.

1.

By signing and submitting this form, the prospective lower tier participant providing the certification set out on the above in accordance with these instructions.

2.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3.

The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4.

The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the U. S. Department of Agriculture regulations 7CFR 3017 implementing Executive Order 12 549. (Contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.)

5.

The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6.

The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7.

A participant in a covered transaction may rely upon a certification that a prospective participant in a lower tier covered transaction has not been debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless the participant knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List.

8.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9.

Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS EXCEEDING $100,000 IN FEDERAL FUNDS The undersigned certifies, to the best of his or her knowledge and belief, that: 1.

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

3.

The undersigned shall require that the language of this certification be included in the award documents for all subawards (exceeding $100,000 in Federal funds) at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

NAME/ADDRESS OF VENDOR______________________________________________________________

TITLE OF SUBMITTING OFFICIAL____________________________________________________

SIGNATURE____________________________________________DATE___________________________

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PROPOSER'S CERTIFICATION TO: ORLEANS PARISH SCHOOL BOARD Purchasing Department 3520 General De Gaulle Drive, Fifth Floor, Orleans, Louisiana 70114 Acknowledgment of Addenda: Addendum No. _______________ , dated ________________________ Addendum No. _______________ , dated ________________________ Addendum No. _______________ , dated ________________________ 1. Having read the Request for Proposal and the Specifications for PROGRAM / CONSTRUCTION MANAGEMENT SERVICES I, the undersigned, authorized to represent the corporation, partnership, sole proprietorship (the Company) listed below, hereby submit to the OPSB this Request for PROPOSALS for providing the service as listed above.

2.

This proposal is submitted on behalf of:

Company: ________________________________________________________

Address: _________________________________________________________ Street Number/P.O. Box Street Name ________________________________________________________ City State Zip 3. I further certify that I/we have examined and fully comprehend the scope and conditions supplied for the consulting services for collections and that the Company agrees to furnish to the OPSB said services for the payment amount listed on the attached Price Proposal form.

4. In submitting this proposal, the Proposer agrees to the terms and conditions of the Request for Proposals, including the Specification and instructions to Proposers. If this proposal is signed by a partner, the person hereby states that he/she has the authority to bind the partnership; if signed by a corporate officer or employee, that person hereby states that he or she has the authority to bind the corporation. (Copy of corporate resolution attached).

_________________________________________ Signature of Company Representative __________________________________________ _______ Representative's Title Date

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PRINCIPALS OF THE COMPANY

PRESIDENT: VICE-PRESIDENT: SECRETARY: TREASURER:

PROPOSER:

__________________

SIGNATURE:

__________________

NAME:

ADDRESS:

__________________ (PRINT OR TYPE) _______

________________________

CITY, STATE, and ZIP: ____________________________ AREA CODE & PHONE: _____

__________________

AREA CODE & FAX:

__________________

E-MAIL: __________________________________________

EMPLOYER'S REGISTRATION NUMBER UNDER SOCIAL SECURITY LIST THE PROPOSER’S FEDERAL TAX IDENTIFICATION NUMBER ______________________ Proposer is (check one) _____Sole Proprietorship; _____Partnership; _____ Corporation (If corporation, in what state incorporated) _______________________________; or ___ Joint venture. Identify parties:

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NON-COLLUSION STATEMENT

State of Louisiana Parish of Orleans

____________________________________________________________________, States that he/she is

(a partner of the firm, officer of the

corporation, or individual making the foregoing proposal or bid); that said bid is genuine and not collusive or sham; that said proposer has not colluded, conspired, connived or agreed, directly or indirectly, with any proposer or person to put in a sham bid or to refrain from bidding, collusion, or communication or conference, with any person, to fix the bid price or affiant or any other proposer, or to fix any overhead, profit or cost element, or that of any other proposer, or to secure any advantage against any person interested in the proposed contract, and that all statements contained in the said bid or proposal are true.

(Signature)

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A.

BACKGROUND AND GENERAL INFORMATION

The Orleans Parish School Board (OPSB here after) had over 60,000 students enrolled in OPSB controlled schools prior to Hurricane Katrina which included elementary, middle, high school and alternative schools. Various management structures are used to manage the education program in these schools including non-profit organizations in addition to OPSB staff. There are approximate 130 buildings or sites to be serviced under this program, totaling over 20,000,000 square feet.

In 2007, the OPSB initiated an aggressive 5-year Capital Improvement Program ("CIP") funded primarily through the annual issuance of Harrah’s bonds and FEMA improved projects funding. The $130 million program includes the OPSB’s five (5)-year Capital Improvement Program for FY07-08 through FY11-12.

The planned capital budgets are FY07-08 - $25 million, FY08-09 - $27 million, FY 09-10 – $25 million, FY10-11 - $30 million, and FY11-12 - $32 million. The CIP will be updated each year, and the planned annual expenditure level will be dependent on the OPSB’s ability to fund instruments as determined by the annual operating budget.

The joint OPSB/RSD master plan development process was based on the educational vision and the need to immediately address the current condition of exterior building envelops for schools currently in operation. The OPSB and RSD in conjunction with the upcoming master plan, has established the following goals as the basis of project prioritization: 1) Improve High School Options - increase the availability of smaller schools serving 800-1,000 students through new construction and major renovations of existing buildings.

2) Phase Out Middle Schools - convert middle schools to small high schools and elementary schools and expand grades at elementary schools from K-5 to K-8.

3) Alleviate Elementary School Overcrowding - construct new schools, additions and annexes to relieve overcrowded conditions in a number of areas in the city.

4) Bring OPSB Facilities to a State of Good Repair - stabilize the portfolio through phased rehabilitation including exterior envelope, electrical/mechanical replacements and interior finishes: extend the life of the facilities; provide educational enhancements such as upgraded science labs and multi-media centers.

Facilities assessments have been completed on all of the buildings, resulting in a prioritization of renovations needed to bring all 128 OPSB facilities to a state of good repair. In addition to major renovations of existing schools, a number of schools needed to be replaced and construction of new schools to relieve overcrowding and provide new educational options was planned. 5 new schools are currently under design or construction. The projects specifically identified in the current CIP are in various stages of development. A number of demolition projects have been completed, others are in the planning stages of design and construction.

The selected proposer(s) as a result of this RFP process for Program Management Services and its subconsultants, including any joint venture partners, parent or subsidiary companies or affiliates under common control will NOT be eligible to have a concurrent role in any project that the Program Manager has responsibility for during the duration of the resulting contract for Program Management Services.

Any proposer currently maintaining a role in an OPSB project that will be managed by the Program Manager is required to fully explain in the proposal how separation of responsibility regarding these

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projects will occur: such explanation does NOT guarantee that a conflict of interest will be adequately addressed to the satisfaction of the OPSB. The OPSB reserves the right to identify any area where conflict of interest may require limitation on potential respondents. The contract period with the OPSB shall commence for a three-year period (36 months) from the date of award of the contract with an option to extend the contract for two additional one-year periods.

B.

EQUAL OPPORTUNITY

The Orleans Parish School Board (OPSB) is an Equal Opportunity Employer and demands no less of the companies with which it does business. The OPSB will not do business with companies or persons who unlawfully discriminate on the basis of race, color, national origin, sex, creed, disability, or any other impermissible ground in their hiring, promotion, subcontracting or procurement practices. By submitting any proposal to contract or entering into any contract with the OPSB, the Proposer represents and certifies that the Proposer is an Equal Opportunity Employer; and conducts business affairs without improper regard to race, color, national origin, sex, creed, or disability, and has not been debarred, suspended, or declared ineligible to contract by any public or private agency or entity because of the Proposers discriminatory practices. If the Proposer has been debarred or suspended, the Proposer must submit a statement with the bid identifying the debarring or suspending entity and giving the date that the debarment or suspension was or is scheduled to be lifted. All certifications contained in a Proposer’s proposal are material representations of fact upon which reliance will be placed if the OPSB awards a contract pursuant to this RFP. If it is later discovered or determined that the Proposer knowingly rendered an erroneous certification, then the OPSB may pursue available remedies, including termination of the contract.

C.

NON-DISCRIMINATION

1. NON-DISCRIMINATION IN HIRING The Proposer agrees that it will comply with provisions of Title 7 of the Civil Rights Act of 1964, 42 U.S.C. Section 2000 et seq., and all pertinent regulations adopted pursuant to the foregoing in providing equal employment opportunities in connection with all work performed by it pursuant to any contract awarded to Proposer, (the "Contract"). The Proposer therefore agrees: (a) That it will not discriminate nor permit discrimination by its agents, servants or employees against any employee or applicant for employment with regard to hiring, tenure or employment, promotion, or any other terms, conditions or privileges of employment because of race, color, sex, religion, age, national origin, sex ancestry, handicap or disability and will move aggressively as is hereinafter set forth to prevent same. (b) In all publications or advertisements for employees to work at the job site covered by the Contract placed by or on behalf of the Proposer, the Proposer will state that all qualified applicants will receive consideration for employment without regard to race, color, religion, age, national origin, sex, ancestry, handicap or disability. (c) The Proposer will notify each labor union or workers' representative from whom it seeks workers of the Proposer's commitment as set forth in its proposal, and request that each union or workers' representative include minority group members and women among its referrals. (d) The Proposer will hire minority and female workers for the skilled and unskilled jobs required

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to perform the Contract in proportion to their availability in the relevant labor pools in the Greater New Orleans Area, or to their availability in its qualified applicant pool, whichever is greater. (e) The Proposer will post in conspicuous places available to its employees and to applicants for employment, a notice of fair practices. (f) The Proposer will maintain a work environment free of harassment, intimidation and coercion, and will ensure that all on-site supervisory personnel are aware of and carry out Proposer's obligation to maintain such a working environment. (g) That it will identify on each certified payroll form submitted to OPSB those of its employees who are minority group members and those who are female. As used here, "minority" means African American, Hispanic, Asian, or Native American. OPSB shall at all times have access to work site and to the Proposer's employment records to assure compliance with this subsection. (h) That it will maintain on forms, the name, race, sex, national origin, skill or craft, address, telephone number, and source of referral of each applicant for employment, which record shall show which applicants were hired. (i) That in the event apprentices are hired in any skilled craft area, the Proposer will endeavor to hire equal numbers of culturally diverse male and female trainees in each skill area.

2. NON-DISCRIMINATION IN CONTRACTING It is the policy of the OPSB, that Disadvantaged Business Enterprises (DBE)’s shall have full and fair opportunity to participate in performance of contracts let by OPSB. A Proposer's plan to joint venture with or subcontract to certified DBE firms and/or to utilize DBE firms as sources of supplies, equipment, or services will be a significant part of the evaluation of Proposer's responsibility.

(a) The Proposer will consider all proposals from potential DBE firms and document on the forms supplied by OPSB, the reasons for not entering into a joint venture or subcontract with a DBE.

(b) The Proposer will include the percentage goal for participation with a DBE firm. (c) The Proposer's agreement to meet the requirements of the Section is a material representation of fact upon which reliance will be placed if a contract is awarded. If it is later determined that the Proposer has not made a good faith effort to comply, within OPSB's sole judgment, OPSB may pursue available remedies, including suspension or debarment of the Proposer from future Orleans Parish School Board work as non-responsible.

D.

LIABILITY OF SUBCONTRACTORS

Any subcontractor of the Proposer shall have the same responsibilities and obligations as the Proposer to comply with the provisions of this section and shall be subject to the same penalties for failure to comply as set forth below.

E.

PENALTIES FOR FAILURE TO COMPLY

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(1)

It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of the Contract.

(2)

In the event that OPSB determines, after investigation, that the Proposer or subcontractor has failed to comply with any provision of this Section and to demonstrate a good faith effort to comply, OPSB may in its sole discretion invoke the termination provisions of the Contract or move to disqualify, suspend, or debar the Proposer or subcontractor.

(3)

Proposer or subcontractor, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice.

(4)

In the event OPSB, after a hearing, determines to terminate the Contract, entered into under this contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Section, all obligation on the OPSB's part to perform this contract shall cease except for the obligation to pay the Proposer the sums due.

The OPSB is also committed to expanding the opportunities available to students enrolled in our schools after they leave our schools through substantive training, mentor/protégé programs. Proposers will submit in their proposals a statement affirming their commitment to assist in the initiation and implementation of such programs.

All questions must be submitted in writing via e-mail to Leslie Rey at Leslie_Rey@nops.k12.la.us and the subject must state “Program Management RFP Question”. Written responses will be provided for every inquiry and all firms that register with the Office of Capital Programs will receive copies of the written questions and responses.

F.

EVALUATION CRITERIA

In evaluating a firm's qualifications, emphasis will be placed on demonstration of the following: 1. Experience in providing Program/Construction Management Services with special emphasis placed on experience in construction and design.

2. Familiarity with, and experience in, the Louisiana market with particular emphasis on knowledge of market conditions in Orleans Parish and the Greater New Orleans area; 3. Experience in the appraisal of properties being acquired, disposed, or leased for educational or other redevelopment projects; 4. Qualifications of the firm’s primary personnel assigned to the project; 5. The firms schedule of hourly rates; 6. The firms demonstrated commitment to Disadvantaged Business Enterprises (DBE’s).

Each proposal will be reviewed by a selection committee to determine if the proposal is in compliance with the RFP as outlined in the specifications. Upon determination of compliance of ALL proposal specifications, the proposal(s) deemed to be the most responsive and responsible will be evaluated based on the following:

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A.

B.

C.

D. E. F.

Criteria Ability in supplying adequate manpower, professional architectural/engineering, drafting, blue-line services, in providing the Program/Construction Management Services for a State regulated Capital Improvement Program including, but not limited to managing annual capital project goal of $25-30 million minimum in completed project per year.

Familiarity with, and experience in, the Louisiana construction market with particular emphasis on knowledge of market conditions in Orleans Parish and the Greater New Orleans area Experience in Program/Construction Management Services for a State regulated Capital Improvement Program for educational or other redevelopment projects Qualifications of the firm’s primary personnel assigned to the project Cost of Services (fee schedules, discounts, etc.)

Disadvantaged Business Enterprise (DBE) participation – 35% goal Total points possible

Points Assigned 0 – 25

0 – 20

0 – 15

0 – 15 0 – 10 0 – 15 100

OPSB reserves the right to choose more than one preferred Program / Construction Management firm and/or to subdivide the assignment, if necessary.

G.

SUBMISSION AND SELECTION PROCESS No submissions will be accepted after the designated date and time. The week following the proposal due date will be used by the Selection Committee to develop a shortlist of candidates. Interviews of candidates, if required, will be held during the week of April 7, 2008.

Upon selection of the Preferred Program / Construction Management firm(s), a Personal Services Agreement concerning roles and responsibilities and financial terms and other conditions shall be negotiated between each PM Firm and OPSB. The following represents the timeline for the RFP and the final selection of Program / Construction Management firms for OPSB. PROPOSAL TIMELINES RFP Formally Announced: Pre-proposal Conference: Deadline for Inquiries from Candidates: Deadline for Responses to Inquiries: Proposals Due at Purchasing Office: Short List of Candidates: Interviews (if required):

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December 11, 2013 December 30, 2013 December 31, 2013 January 3, 2014 January 9, 2014 January 16, 2014 January 19, 2014

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Selection and Notification: Contract Negotiation and Processing Completed:

H.

January 24, 2014 February 7, 2014

COMMUNICATION PROTOCOL All correspondence, inquiries and submissions regarding the process should be directed to: Mr. Leslie J. Rey Purchasing/Ancillary Services Director Orleans Parish School Board 3520 General DeGaulle Drive, Suite 5078 New Orleans, Louisiana 70114 Leslie_rey@nops.k12.la.us 504-304-5645

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Exhibit A CAPITAL IMPROVEMENT PROJECT LIST Capital Projects Original Budget FY 13-14 PROJECT # 2010-0783-0001

Location

Description

McDonogh 35 High School - N

New School

Budget $

54,984,000.00

Source of Funds

Percentage of

Anticipated

Completion

Completion Date

18%

JANUARY 2015

FEMA

2012-0505-0001

Lake Forest Elementary

New School

0%

FALL 2015

FEMA

2010-0786-0001

Alice Hart Rebuild

New School

$

26,720,000.00

40%

SUMMER 2014

FEMA

2011-0850-0001

$

22,475,000.00

38%

SUMMER 2015

FEMA FEMA FEMA

$35,000,000.00

Moton Elementary

New School

un-identified

Karr High School

New School

$

44,824,934.00

0%

FEBRUARY 2016

un-identified

McMain High School

Renovation

$

13,000,000.00

0%

SUMMER 2015

un-identified

Audubon Elementary

Renovation

$

12,466,755.05

50%

DECEMBER 2014

FEMA

un-identified

Bio-Medical District

New School

$

23,453,718.00

0%

DECEMBER 2017

VARIOUS

un-identified

Bethune Elementary

Renovation

$4,094,149

0%

DECEMBER 2014

VARIOUS

un-identified

Warren Easton

Renovation

$1,961,502

0%

DECEMBER 2013

FEMA

un-identified

Nelson Elementary School

Renovation

$2,773,713

0%

MAY 2014

FEMA

Renovation

Lusher Elementary

Renovation

$6,000,000

0%

NOVEMBER 2014

FEMA

un-identified

Fortier High School McMain High School New Gym

Renovation

$17,700,000

0%

NOVEMBER 2014

FEMA

New Gym

$10,756,000

2%

SUMMER 2015

FEMA

McMain Stabilzation

Renovation

$13,000,000

0%

SUMMER 2014

FEMA

2010-0787-0001 un-identified

FEMA Project total

289,209,771

FEMA

Demolition Projects un-identified

4th floor Demolition at Timbers

Renovation

20,000

0%

SUMMER 2014

General

OPSB Facilities Projects un-identified

Ben Franklin Score Board

Renovation

$

15,000.00

0%

SPRING 2014

General

un-identified

1st floor renovation

Renovation

$

24,000.00

0%

SUMMER 2014

General

un-identified

McMain Kitchen project

Renovation

$

28,000.00

0%

SUMMER 2014

General

un-identified

Renovation

$

1,000,000.00

90%

DECEMBER 2013

General

un-identified

Mc 07 Renovation McMain High School mechanical repair

$

80,000.00

0%

SUMMER 2014

Harrah's

un-identified

McMain High School locking hardware

$

20,000.00

0%

SUMMER 2014

General

Repair Repair

un-identified

4th floor make ready

Renovation

$

8,678.00

0%

SUMMER 2014

General

un-identified

suite 5070 renovation

Renovation

$

16,500.00

99%

DECEMBER 2013

General

un-identified

lobby landscape inserts

Renovation

$

15,000.00

0%

SUMMER 2014

General

SUMMER 2014

General

un-identified

McMain Rm 207 Conversion

Renovation

$

30,000.00

0%

un-identified

OPSB Future Projects BAS/ OPSB Facilities Archives Library

BAS integration

$

1,500,000.00

0%

SUMMER 2014

FEMA

un-identified

Ben Franklin Exterior Repairs

Renovation

$

2,700,000.00

99%

DECEMBER 2014

Harrah's

un-identified

Bethune Elementary Repairs

Repair

$

340,000.00

0%

DECEMBER 2014

Bonds

un-identified

Mc Donogh 35 interior door hardware

Repair

$

392,948.00

0%

SUMMER 2014

Bonds

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ATTACHMENT A SCOPE OF SERVICES 1. Overview 1.1.

The overall objective is to assist the Orleans Parish School Board (OPSB) in managing implementation of a multi-site Capital Plan (Exhibit A), which collectively consists of the following: New School Construction and Major Renovations, Stabilization of Occupied Schools, Demolitions, and Relocation or Dismantling of Temporary Education Facilities for Swing Space.

2. Tasks and Services 2.1.

The PM/CM consultant will serve as an agent and representative of the Owner (OPSB).

2.2.

The PM/CM consultant (or any entity of the Program Management Construction team) will not be allowed to perform architectural or engineering design, or construction services (outside the scope of services outlined in this RFP).

2.3.

It is anticipated that the capital program to be implemented under this contract follow the six (6) phase Schools Facilities Master Plan for Orleans Parish (Master Plan) as adopted by the Orleans Parish School Board (OPSB) on November 6, 2008, and the Louisiana Board of Elementary and Secondary Education (BESE) on December 10, 2008, including all existing and future amendments. Specific projects are outlined in Exhibit A of this contract. The scope of services described herein will support the development and implementation of that plan, and the execution of the steps necessary to ensure each year of the long term plan is on schedule and within budget.

2.4.

The duration of this contract shall be 36 months.

2.5.

Overall Program Management Services: The PM/CM consultant shall be responsible for supporting the development and implementation of the overall Program Management Plan for the OPSB Capital Plan.

2.6.

Master Planning Support Services: The PM/CM Consultant shall be responsible for supporting the on-going implementation of the master planning and the management of revisions to the Educational Specification and Performance Standards, and assisting the OPSB on any adjustments to the Master Plan based on new data that may be obtained to implement the Capital Plan in a timely, cost effective manner.

2.7.

Management of Design Phase: The PM/CM consultant shall be responsible for assisting the OPSB in the procurement of, and providing design management of, professional design consultants required to implement construction of the OPSB projects in the Capital Plan.

2.8.

Management of Construction Phase: The PM/CM consultant shall be responsible for providing project construction management of the construction phase of all assigned OPSB Capital Plan projects.

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2.9.

Field inspection services: The PM/CM consultant will be responsible for providing field inspection services as necessary to ensure compliance to schedule, budget, and quality contractual requirements.

2.10. Project Controls: The PM/CM consultant shall be responsible for coordinating with the appropriate staff person to manage invoices, contracts, change orders, and amendments to develop systems that result in the deliver projects on time and on budget.

2.11. Grants Administration and Compliance: The PM/CM consultant shall be responsible for working with the appropriate Federal, State, Local and Private agencies for obtaining, maximizing and ensuring compliance of FEMA, CDBG, Local and Private funding grants needed to implement the OPSB Capital Plan.

2.12. Project Close Out: The PM/CM shall be responsible for preparing documentation for closeout. Close-out includes the set-up of preventative maintenance programs, management of warranties and asset preservation for each project executed. The PM/CM shall be responsible for financial reports as required per the terms of the financial grants received to execute the projects.

3. Responsibilities and Deliverables 3.1.

Overall Program Management 3.1.1. Overall Program Management Responsibilities 3.1.1.1.

Under the direction of the Executive Director of Facilities, direct and coordinate the activities of the PM/CM team to meet the objectives of the overall program management plan.

3.1.1.2.

Monitor, report and manage projects to ensure delivery within the established schedule and costs parameters and in compliance with quality assurance requirements; effectuate timely project communications; develop and implement appropriate recovery strategies when management objectives are at risk.

3.1.1.3.

Assist the OPSB staff in providing regular reports to OPSB, committees of the State Legislature, state advisory boards and commissions, parish and local government, and community meetings regarding status of the program.

3.1.1.4.

Develop, implement and staff a community outreach plan that includes community involvement in all phases of the projects’ life cycle and assist in the communication of other pertinent information pertaining to the OPSB Master Plan projects to interested entities, groups and the general public.

3.1.1.5.

Determine the current status of all ongoing projects that exist prior to the start of this new contract.

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3.1.1.6.

Assist the OPSB as required in project/program financial or programmatic audits.

3.1.1.7.

With OPSB input, establish administrative procedures, design criteria and standards, and furniture, fixture and equipment and technology standards, and develop a process to ensure the successful integration of Educational Specification requirements into the program.

3.1.1.8.

Assist the OPSB in obtaining FEMA reimbursement as well as any other federal/state/local capital funding source. As necessary, attend meetings with related State/Federal and other agencies and provide project information to these agencies as required. Assist the OPSB in liquidating FEMA/CDBG grants to cover program implementation cost.

3.1.1.9.

Provide audit and funding compliance reviews on all projects as required based on the funding source.

3.1.1.10.

Develop, implement and staff a contractor awareness that encourages and facilitates participation by Small and Disadvantage businesses in the OPSB Capital Plan.

3.1.2. Overall Program Management Services Deliverables 3.1.2.1.

Report on a regular basis, as directed, on projects’ progress, included but not limited to project cost, schedule, cash flow projections, change orders and work status.

3.1.2.2.

Identify deviations from established cost and schedule projections on a monthly basis and recommend recovery actions and solutions on a timely basis to ensure appropriate corrective decisions are made.

3.1.2.3.

Within 30 days of contract award, submit a community outreach/ communication plan that encompasses public involvement throughout the program.

3.1.2.4.

Within 30 days of contract award submit a project status report on each of the on-going projects’ progress, including project budget and schedule projections and the identification of issues requiring resolution, and all opportunities for efficiencies related to project delivery.

3.1.2.5.

Within 30 days of contract award, submit a contractor outreach/communication plan that encourages participation of Small and Disadvantage business involvement throughout the program.

3.1.2.6.

For each new or major renovation construction project as defined by the adopted Master Plan, host a series of at least five (5) neighborhood meetings to gain information that leads to the best possible design.

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3.2.

Master Planning Support Services: 3.2.1. Master Planning Support Services Responsibilities 3.2.1.1.

Develop a methodology to prepare a Project Execution Plan for each project being considered for inclusion in the OPSB Capital Plan. Each Project Execution Plan will include the scope of the project, preliminary cost estimate, operating budget impacts of the project, projected schedule to completion, and the impacts of other projects on the proposed project or impacts of the proposed project on other potential projects. Recommended project delivery methods and procurement options to be included in each Project Execution Plan.

3.2.1.2.

Update the Educational Specifications and Performance Standards for school facilities, as needed, to appropriately reflect the OPSB’s educational programming initiatives and planning goals.

3.2.1.3.

Assist the OPSB in developing project delivery strategies for each component of the OPSB School Facilities program.

3.2.1.4.

Assist the OPSB in developing a process that will inform and appropriately involve the school communities and general public in all phases of the OPSB School Facilities program. Every new construction or major renovation project has minimally five community design reviews.

3.2.1.5.

Assist in presentations to the neighborhood communities, Master Plan Oversight Committee (MPOC), state legislative committees, and the Orleans Parish School Board.

3.2.2. Master Planning Support Services Deliverables

3.3.

3.2.2.1.

Develop a Project Execution Plan procedure and a standard format to be utilized by all staff and consultants when developing a Project Execution Plan.

3.2.2.2.

With OPSB input, establish administrative procedures, design criteria and standards, educational specifications, and furniture, fixture and equipment and technology standards, and develop a process to ensure the successful integration of Educational Specification requirements into the program.

Management of Design Phase 3.3.1. The PM/CM consultant will be responsible for assisting the OPSB in the procurement and direct management of professional design consultants, emphasizing on time and within budget performance and ensuring compliance with design guidelines and contract terms as required to execute the delivery of the projects in the OPSB Capital program. The services required include the following:

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3.3.2. Management of Design Phase Responsibilities 3.3.2.1.

Preparation of a professional design consultants’ procurement plan and schedule to meet the requirements of the OPSB Schools facilities program, developing RFQ/RFPs for professional design consultant services and participating in the negotiations of professional design consultant contracts as requested by the OPSB.

3.3.2.2.

Responsible for ensuring that the OPSB is properly incorporating the Educational Specifications and Performance Standards adopted by the OPSB and BESE Board into the OPSB Capital Program through its management of the professional design consultants.

3.3.2.3.

Assist the District and coordinate with professional design consultants in properly incorporating performance standards in each design project.

3.3.2.4.

Recommend and implement project delivery strategies and schedules in order to increase construction market competition and realize efficiencies.

3.3.2.5.

Develop and maintain a document management system for construction documents and record drawings.

3.3.2.6.

Assist in the evaluation and selection of professional design consultants.

3.3.2.7.

Manage the professional design consultant’s contracts and implement design to budget requirements in all RFQ/RFPs and contracts for professional design consultant services. Monitor and report on compliance with design to budget requirements.

3.3.2.8.

Manage the submittal of all required documents for approval by State, City and other local agencies having jurisdiction over the construction of Pre-K through 12 schools.

3.3.2.9.

Validate the professional design consultant’s cost estimate and provide value engineering and constructability reviews for the Schematic Design, Design Development, and Construction Documents phases of the projects to ensure compliance with project budget and schedule.

3.3.2.10.

Provide document quality assurance/quality control reviews for the Schematic Design, Design Development, and Construction Documents phases of the projects.

3.3.2.11.

Evaluate and review professional design consultant’s errors and omissions, rendering professional opinions to the OPSB and assisting the OPSB in recovery efforts if necessary.

3.3.3. Management of Design Phase Deliverables

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3.3.3.1.

Develop RFP/RFQs for professional design consultant services for each project consistent with the master plan.

3.3.3.2.

Develop and implement procedures for document management of construction documents and record drawings.

3.3.3.3.

Develop a check list for each design submittal to ensure adherence to the contract terms and established procedures.

3.3.3.4.

Provide a validation report of the professional design consultant’s cost estimate. Provide value engineering and constructability reviews reports throughout design of the projects to ensure compliance with project budgets and schedules.

3.3.3.5.

Develop and implement an Errors and Omissions review procedure.

3.3.3.6.

Develop and periodically update Design Guidelines, Educational Specifications and Performance Standards to ensure consistent and appropriate guidance to professional design consultants in planning the improvements to existing facilities and the construction of new facilities.

Include Historic Structure Guidelines and FEMA reimbursement considerations. Utilize best practices to validate the Design Guidelines.

Ensure Design Guidelines are incorporated into all RFP/RFQs for design services.

3.3.4

3.4.

Notwithstanding anything in this section, the PM/CM shall not be responsible for any design work or the acts or omissions of the professional design consultant or for the failure of the professional design consultant to carry out any of its work in accordance with the terms of its contract with the OPSB.

Management of Construction Phase 3.4.1. The PM/CM consultant will be responsible for coordination of the construction process of all assigned OPSB Capital Plan projects. Services required for the construction program include: 3.4.2. Management of Construction Phase Responsibilities 3.4.2.1.

Support and assist in the preparation of the construction program procurement plan and schedule for all assigned OPSB Capital Plan projects.

3.4.2.2.

Integrate local and DBE participation outreach into procurement plans.

3.4.2.3.

Assist the Executive Director of the OPSB Disadvantaged Business Enterprise (DBE) program by providing project information ensuring that every item of work has been broken down to the smallest reasonable components to facilitate DBE participation

3.4.2.4.

Assign a staff member to serve on the DBE committee for capital projects

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3.4.2.5.

Administer the competitive bidding process for the procurement of construction, including conducting pre-bid conferences.

3.4.2.6.

Schedule and conduct pre-construction meetings

3.4.2.7.

Coordinate all work on school campuses with OPSB administrative and school staff.

3.4.2.8.

Provide project construction management services to include: conduct regular jobsite meetings, oversee quality assurance testing and inspection programs, monitor contractor and subcontractor work for deficiencies, maintain record copy of all contract documents, change orders, and other documentation, monitor contractor and subcontractor safety program; expedite communication, processing and documentation of all contractors’ submittals including RFI’s, payments requests and change orders.

3.4.2.9.

Monitor and manage the process of compliance with all applicable regulatory requirements, permitting and necessary approvals.

3.4.2.10.

Process and track payment requests for approval within a week of receipt.

3.4.2.11.

Report potential budget and schedule variances and prepare recovery plans.

3.4.2.12.

Oversee post construction close-out, commissioning by OPSB third-party consultants, start-up, and transition to operation, including ensuring receipt of all Operations and Maintenance manuals and as-built drawings.

3.4.2.13.

Assist in training OPSB Operations and Maintenance personnel on all completed projects. Expedite final project closeout and approval for final contractors’ payments and assist in post construction dispute resolution as necessary.

3.4.2.14.

Assist in coordinating furnishings, fixtures and equipment acquisition and installation as requested by the OPSB.

3.4.2.15.

Assist the OPSB in establishing a preventative maintenance program for each completed project.

3.4.3. Management of Construction Phase Deliverables 3.4.3.1.

Within 30 days of contract award, develop a procedure and standard format for conducting pre-construction meetings.

3.4.3.2.

Within 30 days of contract award, provide project construction management procedures to include: conducting regular jobsite meetings, overseeing quality assurance testing and inspection programs, monitoring contractor and subcontractor work for deficiencies, maintaining record copies of all contract documents, change orders processing, and other documentation requirements,

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monitoring contractor and subcontractor safety program, project communications, processing and documentation all contractors submittals including RFI’s, payments requests and change orders.

3.5.

3.4.3.3.

Within 30 days of contract award, develop report mechanisms to monitor compliance with all applicable requirements, permitting and approvals and any impacts on the projects’ schedule or cost, in addition to recommendation to mitigate delays and cost increases.

3.4.3.4.

Update and maintain project schedules and review and recommend for acceptance detailed contractors’ schedules, submittal schedules, inspection schedules, permit schedules, and occupancy schedules.

3.4.3.5.

On an ongoing basis, report potential budget and schedule variances and prepare recovery plans.

3.4.3.6.

Within 30 days of contract award, develop and implement a procedure for monitoring post construction close-out, commissioning, start-up, and transition to operation including ensuring receipt of all operations and maintenance manuals and as built drawings.

3.4.3.7.

Provide construction project cost and schedule reporting to the OPSB, on a monthly basis.

3.4.3.8.

Develop and update as necessary a construction inspection manual to provide guidelines for field inspection services consistent with national industry standards.

Field Inspection Services 3.5.1. The PM/CM consultant will be responsible for providing field inspection services as necessary to ensure compliance to schedule, budget and quality contractual requirements including: 3.5.2. Field Inspection Responsibilities 3.5.2.1.

Ensure that all contract drawings, terms and conditions are adhered to during the construction phase.

3.5.2.2.

Process contractor’s payments and verify accuracy of paid quantities.

3.5.2.3.

The PM/CM shall provide oversight and management of OPSB-retained third party testing agencies.

3.5.2.4.

Monitor the contractor’s adherence to the contractor’s safety plan and ensure that the contractors are providing adequate site security.

3.5.2.5.

Document Non-Conformance Reports (NCR) in case of non-conformance and monitor corrective actions.

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3.5.2.6.

Verify that all addenda have been incorporated into the final plan set prior to the start of construction.

3.5.2.7.

Maintain a daily project diary of all the details of the work, equipment and labor on site.

3.5.2.8.

Notify OPSB of hazardous materials encountered by contractors, if notified by contractors.

3.5.2.9.

Ensure that work by other OPSB departments is coordinated with the on- site construction contractors.

3.5.2.10.

The PM/CM shall provide oversight and management of an OPSB-retained third party commissioning agent.

3.5.2.11.

Coordinate the building turnover process with the owner and contractors.

3.5.3. Field Inspection Deliverables

3.6

3.5.3.1.

Review contractor’s punch lists and attend the professional design consultant’s substantial completion inspections. Recommend to the OPSB acceptance or rejection of professional design consultant’s issuance of the certificate of substantial completion and conduct final acceptance inspections with the OPSB.

3.5.3.2.

Ensure the delivery of all as-built drawings and project documentation to the OPSB for record keeping purposes.

3.5.3.3.

Maintain a daily project diary of all the details of the work, equipment and labor on site and deliver both electronic and hard copies of same on a monthly basis.

3.5.3.4.

Develop and maintain a NCR log and notify the contractor and monitor and report corrective action

3.5.3.5.

Monitor and document and report all Time and Materials change orders.

3.5.3.6.

Provide up-to-date project progress reports and schedule compliance.

Notwithstanding anything above, the PM/CM shall not have control over or charge of or be responsible for a contractor’s means, methods, techniques, sequences, procedures, or safety programs, construction defects or the failure to detect any construction defects. The PM/CM shall not be responsible for any construction work or have control over the acts or omissions of a contractor or its subcontractors or suppliers, or for the failure of any of them to carry out any work in accordance with the terms of the contractor’s agreement with the OPSB.

4. Grants Administration and Compliance

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4.1 The PM/CM consultant shall be responsible for providing grants administration and compliance for the projects that are funded by FEMA, CDBG, other Federal and/or State agencies and as well as privately funded grants that are used to complete capital projects. In addition, the PM/CM consultant shall be responsible for the following 4.1.1

Grants Administration and Compliance Responsibilities

4.1.1.1 Negotiating and managing alternative disaster funding including state advances and FEMA, CDBG, AARA (if applicable) and other non-governmental grants.

4.1.1.2 Providing technical assistance to the OPSB Capital Projects team during the audits that may happen as a result of the funding source.

4.1.1.3 The grant close-out process at the FEMA Region and/or State (Grantee) level, including assembling, annotating and maintaining all necessary financial and project records to successfully complete the close-out process.

4.1.1.4 The preparation of written and oral presentations of FEMA Public Assistance appeals at both FEMA Regional and Headquarters levels.

4.1.1.5 Assisting the OPSB in negotiating both the National Environmental Preservation Act (NEPA) compliance and the National Preservation Act (NPHA) Section 106 requirements with FEMA and CDBG to avoid, minimize and mitigate adverse affects to preserve program eligibility while achieving the OPSB facility goals and maintaining the construction schedules.

4.1.1.6 Conducting internal audits on project files for compliance with FEMA, CDBG, AARA (if applicable) and other non-governmental grants including items such as Davis-Bacon Wage rates compliance.

4.1.1.7 Assisting the OPSB in emergency preparedness, and response for an efficient disaster recovery.

4.1.2

Grants Administration and Compliance Deliverables

4.1.2.1 Provide quarterly reports that demonstrate that the funding grants utilized for capital projects activities are eligible, reasonable and allocable under the program.

4.1.2.2 Provide a risk management plan and a procedure to minimize the risk of fund deobligation per the requirements of the funding sources. This plan needs to be reviewed and updated at least quarterly.

4.1.2.3 Provide monthly reports that indicate the financial status of FEMA, CDBG and other construction funds.

4.1.2.4 Provide a monthly close-out tracking report to ensure within 6-months of the

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closure of the construction contract that the financial grant closure has occurred with the funding agency.

5. Functional Requirements 5.1.

The Orleans Parish School Board requires program management/construction management services for the stabilization of existing facilities, demobilization of temporary education campuses, demolition of storm damaged facilities and the construction of new and major renovated K-12 school facilities in accordance with existing state and federal laws.

5.2.

The PM/CM shall have a working knowledge of the various building codes required by the state of Louisiana and design guidelines for Pre-K-12 facilities, including the United States Green Building Council’s LEED Certification process.

5.3.

As a component of these processes, the PM/CM shall have a working knowledge of the Federal Emergency Management Assistance (FEMA) and Community Development Block Grant (CDBG) eligibility requirements for construction costs reimbursement. The PM/CM shall also have a working knowledge of Historic Tax Credits and New Market Tax Credits.

6. Technical Requirements 6.1.

The PM/CM shall include one or more project team members which shall be a Louisiana licensed architect or engineer.

6.2.

The PM/CM shall include one or more project team members that is a Louisiana license general contractor or Project Management Professional certified from the Project Management Institute or other recognized Project Management professional societies.

6.3.

The PM/CM shall include one or more project team members with LEED Certification or the ability to obtain certification in 6 months and a demonstrated experience with energy conservation principles, sustainability, maintainability and constructability.

6.4.

The PM/CM shall include one or more team members with a minimum of 5 years’ experience, knowledge of and application of federal laws, regulations and policies that govern the FEMA Public Assistance and Hazard Mitigation programs.

6.5.

The PM/CM shall include one or more project team members with demonstrated experience effectively negotiating both the National Environmental Preservation Act (NEPA) compliance and the National Historic Preservation Act (NHPA) Section 106 requirements.

7. Project Requirements 7.1.

The OPSB expects weekly progress reports in oral format and monthly written reports on project status and that the PM/CM will adequately staff to achieve the desired outcomes of successful, on-time school openings.

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7.2.

The OPSB Chief Operating Officer and the OPSB Chief Financial Officer will provide contract oversight to the PM/CM and issue management decisions.

7.3.

All services are expected to be provided over the entire term of this contract at the final executed contract cost, including any amendments subsequent to the original contract.

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ATTACHMENT B

Definitions (a) Additional Term – means the optional additional one-year term described in the terms and conditions section of this RFP (b) Capital Improvement Program or CIP or Capital Program – means the proposed 5-year Capital Improvement Plan or Capital Plan (FY07/08 through FY11/12) (c) Change Order shall mean a written instrument prepared by the Department and signed by the Department and Contractor, stating their agreement upon all of the following: 1. a change in the Contract Work; 2. the amount of the adjustment in the Contract Sum, if any; and 3. the extent of the adjustment in the Contract Time, if any. (d) Commencement FY – has the meaning attributed thereto in Fiscal Years (e) Contract – means this professional consulting services contract for professional program management services, including all exhibits or documents attached hereto and/or incorporated herein, as amended from time to time by written amendment executed by both parties, and all modifications or revisions made in accordance with the terms hereof. (f) Contract Administrator – means a Contract Administrator designated by a party representative of the OPSB. (g) Contract Documents – has the meaning attributed thereto Contract Documents; Order of Precedence (h) Contract Modification – has the meaning attributed thereto in Contract Documents as Changes. (i) Deliverables – means all required submittals, work product, materials, documents, drawings, magnetic media and reports, including all underlying information, data research, and statistics to be provided to the Program Manager at regular review points and at the completion of the work as expressly noted herein or as may be required by the Program Manager. (j) Effective Date – means the date first written above. (k) Federal – means the United States of America and its legislative, executive, and administrative branches of government. (l) Force Majeure Condition – means a Force Majeure - literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party

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prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party. (m) Initial Term – means the Initial Term of contract without optional renewals. (n) DBE – means certified Disadvantaged Business Enterprise as described in the OPSB DBE packet. (o) Notice to Proceed – means written authorization by the Contract Administrator for the OPSB to commence its respective services. (p) Program – has the meaning attributed thereto in Paragraph 3.1(a), The Program. (q) Program Manager – means the professional consulting services firm performing professional program management services for OPSB’s Capital Improvement Program pursuant to this Contract. (r) Program Master Schedule – means the overall schedule for an annual Capital Improvement Program. (s) Project – means the individual Capital projects under the OPSB’s Capital Improvement Program. (t) Project Master Plan – means the overall plan, including scope, schedule, and budget, for a Capital project included in the OPSB’s Capital Improvement Program, to be provided by the Program Manager and agreed to by the OPSB and the Program Manager, in accordance with the terms of this Contract. (u) Proposal – means the Proposal dated _______, 2014 submitted by the Program Manager in response to the RFP, together with all subsequent modifications and supporting materials submitted by the Program Manager to the OPSB in response to the RFP. (v) Request for Information or RFI – means Request for Information. (w) Request for Proposal or RFP – means the Request for Proposal issued By the OPSB, including all Addenda thereto issued, if any. (x) School District / OPSB – the Orleans Parish School Board. (y) Services – means, collectively, those necessary to complete the Work, including without limitation those services, and such additional services as may be directed by the OPSB, to be provided by the Program Manager in accordance with the terms and conditions of this Contract

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and set forth in the Contract Documents, including any Project Master Plans, Deliverables, supplements, modifications, or amendments hereto, and any work functions necessary in order to complete such Services. (z) State – means the State of Louisiana and its legislative, executive, and administrative branches of government. (aa) Sub consultant or Subcontractor – means any person, firm, partnership, corporation, other entity, or combination thereof, or their respective duly authorized representative(s), who has or will enter into a contract with the Program Manager to perform any Services covered by this Contract. (bb) Subcontract – means a contract entered into by the Program Manager with a Subconsultant in order to perform, directly or indirectly, its Services under this Contract. (cc) Submittals – means one category of Deliverables. See the definition for “Deliverables”. (dd) Termination Notice – means a notice given by the OPSB of its intent to terminate and its termination of this Contract. The termination procedure is set forth in Section 11, Termination and Suspension. (ee) Work – means the Scope of Work set forth in Paragraph 1.1 of this Contract. (ff) Work Schedule – means that schedule submitted to and approved by the OPSB for the completion of those tasks necessary to complete the Work, as may be amended from time to time subject to the written approval of the OPSB.

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Orleans Parish School Board Disadvantaged Business Enterprise Program Professional Services Materials and Supplies Overview and Administrative Procedures The Orleans Parish School Board (OPSB) would like to offer firms exciting business opportunities in Professional Services, Construction, and Goods and Services through its Disadvantaged Business Enterprise (DBE) Program. The DBE program’s policy intent is to assist disadvantaged businesses to attain a competitive edge and grow by providing equal access to contracts and procurement opportunities in the OPSB system.

Certification The OPSB is not conducting an independent certification process at this time. To be qualified as a DBE for OPSB contracts, a firm must be certified as a DBE by the Louisiana Unified Certification Program (LUCP) or any of the following five (5) agencies conducting DBE certification within the City of New Orleans. These five (5) are: The City of New Orleans, Sewage and Water Board of New Orleans, New Orleans Aviation Board, Housing Authority of New Orleans, New Orleans Regional Transit Authority (RTA) Outreach In recruiting potential Economically Disadvantaged Businesses part of our outreach efforts consist of reviewing the City of New Orleans SLDBE list which is updated periodically. Also by participating in trade shows/seminars pertinent to the services requested. During these seminars/trade shows we will distribute programmatic literature to hundreds of individuals and interact with them on a one-toone basis. Additionally, our DBE program will attend all programs sponsored by government and private entities where opportunities to network are maximized.

Other outreach efforts include: • Conducting monthly vendor assistance meetings for potential clients as necessary • Conducting one-on-one vendor assistance meetings for potential clients as necessary Good Faith Efforts A Bidder’s compliance with the requirement to make Good Faith Efforts to locate and engage the services of DBE businesses in connection with the Project shall be a matter of Bidder responsiveness. The Bidder can demonstrate that it has complied with the requirement by certifying to the DBE Executive Director or his/her designee in writing, that as of the date of the bid submittal:

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(i) the Bidder has selected and engaged the services of DBEs, in which case the certification shall include: (a) the names and addresses of those enterprises engaged by the Bidder (b) the value of the subcontract and (c) a description of the work on the Project to be performed by such firm(s) and/or individuals, or (ii) if despite the Bidder’s Good Faith Efforts, the Bidder was not able to select and engage the services of such enterprises, in which case the Bidder shall include in its written certification the following: (a) affirmation that, prior to determining that it was unable to locate DBEs, the bidder consulted business registries including those identified by the School District; (b) affirmation that the bidder attended any pre-bid meeting scheduled to inform DBEs of subcontracting opportunities; (c) a copy of the written notifications sent to DBEs soliciting their interest in being a subcontractor or supplier on the Project; (d) the names, addresses, and telephone numbers of DBEs contacted, the date of such contact and the date set for receipt of bids from those businesses; (e) a copy of the information or a description of the information provided to DBEs regarding the plans and specifications for the work proposed to be subcontracted and how that information could be accessed; (f) a statement from the Bidder explaining why any DBEs contacted by bidder were not engaged Upon the Bidders application for waiver of the DBE goals, based on the above circumstances, the DBE Executive Director and Committee shall determine whether or not the bidder satisfied the good faith effort and shall make the appropriate recommendation.

Upon written request of the DBE Executive Director, the bidder will attend a meeting of the Orleans Parish School Board to discuss the specific measures the Bidder has utilized in undertaking the Bidder’s Good Faith Efforts.

Calculations 1. DBE participation will be counted toward meeting the goals as follows: a. The total dollar value of a direct contract or subcontract or indirect subcontract awarded to a certified DBE will be counted toward the applicable goal.

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b. In the case of a joint venture, the portion of the total dollar value of the contract equal to the percentage of the ownership and control of the DBE in the joint venture will be counted toward the applicable goal. c. Only DBEs that perform a commercially useful function in the work of a contract or subcontract or indirect subcontract will be counted toward the DBE goals.

A DBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of work of a contract or subcontract and carries out its responsibilities by performing, managing, and supervising the work involved. If a DBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE is presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption. d. The total dollar value of materials and supplies obtained from DBE suppliers and manufacturers will be counted toward DBE goals if the DBE assumes the actual and contractual responsibility for the provision of the materials and supplies. e. OPSB through the DBE Executive Director will review the contractor’s DBE involvement efforts throughout contract performance. Such review will include but will not be limited to, the contractor’s and the DBE’s quarterly statements of income from the District which shall document the portion of said income paid to DBE. The Contractor agrees to supply copies of any documentation the District requires in order to complete such a review.

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Procurement Management As a result of our procurement management process, several activities are conducted on a monthly basis: • Reviewing other DBE agency's certified listings, matching their capabilities to upcoming contracts and encouraging these DBE businesses to seek recertification to update their certification status in order to be eligible for the Orleans Parish School Board DBE participation.

• Advise certified DBE vendors about bidding opportunities by submittal of written correspondence to these businesses • Providing program information on the Orleans Parish School Board's website and other compliance enforcement forms for the vendors.

• Attend and participate in the Staff Contract Review Committee meetings DBE Committee

The DBE Committee is responsible for setting the DBE participation goal for each project. The specific goal will be set on a project by project basis. Upon receipt of all information relative to and closing of the bid process the DBE Committee consisting of the DBE Executive Director, the Purchasing/Ancillary Services Director and the Head of the Department seeking the Procurement and in the case of Capital Projects the Executive Director of Operations shall then make a recommendation to the Superintendent as to whether the lowest bidder/respondent has agreed to satisfy the DBE contract goal or if not has demonstrated satisfactory good faith efforts to satisfy the DBE contract goal. In determining the percentage of participation by certified DBEs the DBE Committee shall consider the following: • The type or nature of the work required under the contract • The estimated dollar amount of the contract • The availability of subcontractors for the particular project • Whether the items of work have been broken down to the smallest reasonable components to facilitate DBE participation goal up to 35% (Thirty Five Percent) pursuant to the Board’s policy (the goal will be set on a project by project basis)

Involvement in Bid Process The DBE Program is responsible for the following bid process: • Consult with the departmental representative on each contract to ensure that every item of work has been broken down to the smallest reasonable components to facilitate DBE participation.

• Attend pre-bid conferences and offer instruction, and clarification on DBE bid specifications procurement policy, and procedures for sub-contracting.

• Answer questions posed by prime contractors at pre-bid conferences relative to DBE issues.

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• Provide written responses to detailed questions posed by prime contractors on DBE issues.

• Consult with Legal Department before releasing responses, as they may have legal considerations • Review participation summary sheets to determine if the percentage and DBE dollar amount of subcontract work reported is consistent with established goals.

• Review DBE vendor listing to determine if DBE firm listed on participation summary sheet is certified to perform required work.

• Verify DBEs submitted responses which indicate that they were not interested in pursuing work with prime contractors.

• Make presentations to appropriate committees and full Board on bid disputes and other DBE participation concerns.

• Provide signed affidavits to Legal Department in instances where litigation is required in bid disputes.

• Participate as witnesses in depositions and court cases involving bid disputes.

Monitoring After contracts are awarded and work has begun the DBE Office through the Executive Director monitors actual utilization of DBEs. This process is carried out by utilizing the following: • Review Board Reports for approved names of prime contractors, DBE subcontractors percentage of participation and areas of work to be performed • Advise prime contractors in writing through the appropriate forms provided that the percentage and dollar amount of work to be performed on each contract, that any changes in DBE subcontractors will require prior DBE Office approval and that quarterly report forms on the status of contract expenditures will be submitted • Advise DBE subcontractors in writing as to which prime contractor will be utilizing that firm, the dollar amount of participation, percentage of participation and notification that any changes in acceptances of the subcontract should be reported immediately to the DBE office • Advise prime contractors of the need to complete quarterly compliance report two (2) weeks before due date • Review quarterly compliance reports for instances of non-compliance • Make follow-up phone calls to prime contractors to determine why participation is not in compliance

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• Schedule meetings with both prime contractors and DBE subcontractors in instances of noncompliance or where problems are evident • Send follow up correspondence detailing non-compliance and penalties for same • Take required action in instances of fronting and non-compliance

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Disadvantaged Business Enterprise Office DBE FORM 1 DISADVANTAGE BUSINESS ENTERPRISE (DBE) RESPONSIVENESS FORM

RFP/RFQ/P.O./Bid/Solicitation/Other # ____________________ Bidder/Respondent______________________________________ Project Description____________________________________________________________________________________________ FOR BIDS: THIS COMPLETED FORM SHOULD BE FURNISHED TO THE OFFICE OF PURCHASING BY THE LOWEST BIDDER WITHIN TEN (10) DAYS OF THE BID OPENING. FAILURE TO COMPLETE THIS FORM PROPERLY MAY CONSTITUTE THE BID/OFFER AS BEING NON-RESPONSIVE AND SUFFICIENT CAUSE FOR REJECTION. FOR RFPS/RFQS: THIS COMPLETED FORM SHOULD BE FURNISHED TO THE OPSB-DBE OFFICE THROUGH THE OFFICE OF PURCHASING WITH YOUR PROPOSAL. FAILURE TO COMPLETE THIS FORM PROPERLY MAY CONSTITUTE THE BID/OFFER AS BEING NON-RESPONSIVE AND SUFFICIENT CAUSE FOR REJECTION.

The undersigned bidder/respondent has satisfied the requirements of the bid specifications for the above-referenced Orleans Parish School Board project in the following manner.

Please check the appropriate space:

 The bidder/respondent is committed to achieving a minimum of ________% DBE utilization on this contract.  The bidder/respondent is unable to meet the DBE goal, but is committing to a minimum of ________% DBE utilization on this project and is submitting evidence of good faith efforts to achieve DBE participation on DBE Form-2 and DBE Form 2(A).

Name of Bidder/Respondent Firm: ___________________________________________________________________________ Telephone: ____________________ Fax: ___________________ E-Mail: ________________________________________ By: _______________________________________________________ , ____________________________ (Signature of bidder's/respondent's authorized representative) (Title)

_____/_____/______ (Date)

THE BIDDER/RESPONDENT IS COMMITTED TO UTILIZING DBE PARTICIPATION ON THE PROJECT IN THE FOLLOWING MANNER COMPLETED BY BIDDER: The bidder/respondent is committed to utilizing the DBE FIRM NAMED BELOW for the Scope of Work as described below. The estimated dollar value of the scope of work is $________________________ or _______% of the total dollar value of the contract.

Use DBE Form-1(A) DBE Responsiveness- Additional DBEs if you are utilizing more than one (1) DBE firm to achieve the DBE participation percentage on the project.

Name of DBE Firm: ____________________________________________________________________________________ DBE Firm Owner or Contact: ____________________________________________________________________________ Telephone: ____________________ Fax: ___________________ E-Mail: ________________________________________

DBE TYPE:  SLDBE CERTIFIED;  LAUCP DBE CERTIFIED

 SCOPE OF WORK ATTACHED or describe the work to be performed by the DBE firm. ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

COMPLETED BY DBE FIRM: DBE AFFIRMATION. The above-named DBE firm affirms that it will perform the SCOPE OF WORK on of the contract for the estimated dollar value or contract percentage as stated above.

By: _______________________________________________________ , ____________________________ (Signature of DBE firm's owner/authorized representative) (Title)

_____/_____/______ (Date)

If the bidder/respondent does not receive award of the prime contract, any and all representations in this form shall be null and void.

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Disadvantaged Business Enterprise Office DBE FORM 1(A) DISADVANTAGE BUSINESS ENTERPRISE (DBE) RESPONSIVENESS ADDITIONAL DBE(S) FORM

RFP/RFQ/P.O./Bid/Solicitation/Other # ____________________ Bidder/Respondent______________________________________ Project Description____________________________________________________________________________________________ FOR BIDS: THIS COMPLETED FORM SHOULD BE FURNISHED TO THE OFFICE OF PURCHASING BY THE LOWEST BIDDER WITHIN TEN (10) DAYS OF THE BID OPENING. FAILURE TO COMPLETE THIS FORM PROPERLY MAY CONSTITUTE THE BID/OFFER AS BEING NON-RESPONSIVE AND SUFFICIENT CAUSE FOR REJECTION. FOR RFPS/RFQS: THIS COMPLETED FORM SHOULD BE FURNISHED TO THE OPSB-DBE OFFICE THROUGH THE OFFICE OF PURCHASING WITH YOUR PROPOSAL. FAILURE TO COMPLETE THIS FORM PROPERLY MAY CONSTITUTE THE BID/OFFER AS BEING NON-RESPONSIVE AND SUFFICIENT CAUSE FOR REJECTION.

THE BIDDER/RESPONDENT IS COMMITTED TO UTILIZING DBE PARTICIPATION ON THE PROJECT IN THE FOLLOWING MANNER The bidder/respondent is committed to utilizing the DBE FIRM NAMED BELOW for the Scope of Work as described below. The estimated dollar value of the scope of work is $________________________ or _______% of the total dollar value of the contract.

Name of DBE Firm: ____________________________________________________________________________________ DBE Firm Owner or Contact: ____________________________________________________________________________ Telephone: ____________________ Fax: ___________________ E-Mail: ________________________________________

DBE TYPE:  SLDBE CERTIFIED;  LAUCP DBE CERTIFIED

 SCOPE OF WORK ATTACHED or describe the work to be performed by the DBE firm. ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

COMPLETED BY DBE FIRM-1: DBE AFFIRMATION: The above-named DBE firm affirms that it will perform the SCOPE OF WORK of the contract for the estimated dollar value or contract percentage as stated above.

By: _______________________________________________________ , ____________________________ (Signature of DBE firm's owner/authorized representative) (Title)

_____/_____/______ (Date)

The bidder/respondent is committed to utilizing the DBE FIRM NAMED BELOW for the Scope of Work as described below. The estimated dollar value of the scope of work is $________________________ or _______% of the total dollar value of the contract.

Name of DBE Firm: ____________________________________________________________________________________ DBE Firm Owner or Contact: ____________________________________________________________________________ Telephone: ____________________ Fax: ___________________ E-Mail: ________________________________________

DBE TYPE:  SLDBE CERTIFIED;  LAUCP DBE CERTIFIED

 SCOPE OF WORK ATTACHED or describe the work to be performed by the DBE firm. ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

COMPLETED BY DBE FIRM-2: DBE AFFIRMATION. The above-named DBE firm affirms that it will perform the SCOPE OF WORK on of the contract for the estimated dollar value or contract percentage as stated above.

By: _______________________________________________________ , ____________________________ (Signature of DBE firm's owner/authorized representative) (Title)

_____/_____/______ (Date)

If the bidder/respondent does not receive award of the prime contract, any and all representations in this form shall be null and void.

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DISADVANTAGED BUSINESS ENTERPRISE (DBE) EVIDENCE OF GOOD FAITH EFFORTS OPSB-DBE FORM-2

THIS COMPLETED FORM SHOULD BE RETURNED TO THE OPSB-PURCHASING OFFICE BY THE LOWEST APPARENT BIDDER WITHIN TEN (10) DAYS OF THE BID OPENING.

RFP/RFQ/P.O./Bid/Solicitation/Other # ____________________________

Current Date ______/______/_________

Project Description ___________________________________________________________________________________ BIDDER/ OFFERER (FIRM): _____________________________________________________________________________ Contact Person: ________________________________________________ Telephone: ___________________________ Address: ______________________________________________ City: _______________________________________ State ________

Zip _____________

E-Mail: _______________________________________________________

To determine whether a bidder has demonstrated good faith efforts to reach the DBE utilization goal(s) on the abovereferenced Orleans Parish School Board (OPSB) project, the DBE Office will consider, at a minimum, EVIDENCE OF GOOD FAITH EFFORTS as described in the table below.

YES ()

NO ()

EVIDENCE OF GOOD FAITH EFFORTS

PRE-BID MEETING(S): The bidder attended all pre-bid meetings scheduled by the OPSB to inform DBEs of contracting and subcontracting opportunities.

SLDBE/DBE LIST(S): The bidder utilized the OPSB DBE Office’s list or lists of certified SLDBE and/or DBE firms found on www.nola.gov, www.flymsy.com, www.swbno.org or other state/City DBE lists.

SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals (including breaking down contracts into smaller units to facilitate DBE participation).

FOLLOW-UP: The bidder followed-up initial indications of interest by DBEs by contacting those DBEs to determine with certainty if they remained interested in bidding by providing proof of same.

ADVERTISEMENT: The bidder advertised in general circulation and/or trade association publications concerning subcontracting opportunities, and allowed DBEs reasonable time to respond.

INTERNET ADVERTISING: The bidder advertised DBE and/or subcontracting opportunities on internet portals that are accessible to DBEs and/or potential subcontractors.

GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested DBEs and did not reject DBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities.

INFORMATION: The bidder provided interested DBEs with adequate information about the plans, specifications and requirements of the subcontract.

WRITTEN NOTICE(S): The bidder took the necessary steps to provide written notice in a manner reasonably calculated to inform DBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively.

COMMUNITY RESOURCES: The bidder used the services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of DBE firms.

CONTRACT RECORDS: The bidder has maintained the following records for each DBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the DBE was unqualified to perform the job.

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BACKGROUND I.

POLICY

It is the policy of the OPSB to ensure that DBEs, as defined herein, have an equal opportunity to receive and participate in OPSB contracts. It shall also be the policy of the OPSB: 1.

2.

3.

4.

5.

II.

To ensure nondiscrimination in the award and administration of OPSB contracts; To create a level-playing field upon which DBEs can compete fairly for OPSB contracts; To ensure that only firms that are DBE certified are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in OPSB contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS UP TO THIRTY FIVE PERCENT

The OPSB establishes an overall goal up to 35% utilization of businesses that are socially and economically disadvantaged for all OPSB projects.

III.

DEFINITIONS 1.

DISADVANTAGED BUSINESS ENTERPRISE

Disadvantaged Business Enterprise or "DBE" refers to a firm that is certified through any DBE certification program recognized by OPSB as socially and economically disadvantaged.

2.

STANDARDS OF GOOD FAITH EFFORTS

The OPSB DBE office through the DBE Committee shall be responsible for determining whether the bidder has made demonstrated Good Faith Efforts to achieve the DBE goal. In order to be considered responsive to any solicitation for any OPSB contract, the bidder must, at a minimum, agree to use its Good Faith Efforts to fully comply with the DBE Program, including all reporting requirements and any specific contract goals for DBE participation. In order for OPSB to evaluate the Good Faith Efforts made by the bidder, the following minimum information is to be provided before the contract is approved for award: a)

A report of all proposals received from a joint venture of DBEs. The report shall indicate the action taken by the bidder in response to the submitted proposals that have been rejected, and the reason for rejection shall be indicated.

b) Documentation of efforts to enter into agreements with DBEs for contracted work and efforts to arrange for a joint venture, partnership or other multi-entity relationship with DBEs. c)

Documented contact with DBEs, associations, or business development organizations which disseminate information to DBEs.

d) A copy of letters sent to groups in relevant market sectors notifying them of the bidder's intent to submit a proposal to the OPSB. e)

Description of assistance provided by the bidder to DBEs: 1. Review of Request for Proposal or other documents issued by OPSB. 2. Review of the Scope of Work to be performed.

f)

Documentation of any other effort(s) undertaken by the bidder to encourage the participation of DBEs.

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g)

Overall operation of the bidder may be considered in evaluating the Evidence of Good Faith Efforts of the bidder to comply with the goals and intent of the disadvantaged business enterprise goals for the OPSB.

h) Any other documentation to demonstrate Evidence of Good Faith Efforts to satisfy the objectives outlined above.

IV.

ASSISTANCE

You may contact the Orleans Parish School Board’s Disadvantaged Business Enterprise office for assistance with completing this or any other DBE form or document. All prime contractors are encouraged to use the following DBE lists: City of New Orleans, Sewage and Water Board of New Orleans, New Orleans Armstrong International Airport, Housing Authority of New Orleans, New Orleans Regional Transit Authority (RTA) and the State Department of Transportation (DOTD) DBE central registry list. You may also contact the OPSB DBE office for assistance in identifying available, capable, and approved DBE firms.

V.

CONTACT US Orleans Parish School Board DBE Office Disadvantaged Business Enterprise Program 3520 General DeGaulle Drive, Suite 5055 New Orleans, LA 70114 (504) 304-5584 Office (504) 390-7963 Mobile

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DISADVANTAGE BUSINESS ENTERPRISE (DBE) MONTHLY DBE UTILIZATION/PARTICIPATION REPORT DBE FORM 3:

RFP/RFQ/Bid/P.O./Solicitation/Other # ______________________ Project Description (Name) _______________________________________________________________ Contractor/Vendor Firm ______________________________________________________

DBE Participation Goal __________

THE COMPLETED FORM SHOULD BE RETURNED TO THE OPSB-DBE OFFICE WITHIN SEVEN (7) DAYS OF THE END OF EACH MONTH DURING THE CONTRACT PERIOD. FAILURE TO SUBMIT THIS FORM MAY CONSTITUTE NON-COMPLIANCE WITH THE DBE CONTRACT SPECIFICATIONS AND MAY BE SUFFICIENT CAUSE FOR CANCELLATION OF THE CONTRACT.

Name, Address and Type of DBE Certified Firm

Submitted by:

Primary Contact Person (Name/Telephone)

_____________________________________________ Print Name of Owner or Officer

RFP 14-0024, Program/Construction Management Services

Scope of Work Performed (Attach scope/schedule if you need additional space)

_______________________________________________ Signature Date

Page _______ of _______

Use additional forms if necessary

Dollar Amount of DBE Component

Percentage of Total Bid/Proposal

______/______/________

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DISADVANTAGE BUSINESS ENTERPRISE (DBE) DBE FIRM CONTACTED FORM EVIDENCE OF GOOD FAITH EFFORTS OPSB-DBE FORM-2 (A) PAGE ______ OF _______ FOR BIDS/RFP/RFQ: THIS COMPLETED FORM SHOULD BE RETURNED TO THE OPSB-PURCHASING OFFICE BY THE APPARENT LOWEST BIDDER WITHIN TEN (10) DAYS OF THE BID OPENING. FAILURE TO COMPLETE THIS FORM PROPERLY MAY CAUSE THE BID TO BE NON-RESPONSIVE AND SUFFICIENT CAUSE FOR REJECTION.

RFP/RFQ/P.O./Bid/Solicitation/Other # ____________________ Bidder/Respondent______________________________________ Project Description____________________________________________________________________________________________

RFP 14-0024, Program/Construction Management Services

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DISADVANTAGE BUSINESS ENTERPRISE (DBE) COMPLAINT FORM OPSB-DBE FORM-4 (OVERVIEW)

In an effort to improve oversight, accountability, and compliance on the Orleans Parish School Board’s procurements, the Disadvantaged Business Enterprise Office facilitates the reporting of complaints and allegations of wrongdoing ("complaints") against 1 the Orleans Parish School Board’s Contractors . Complaints that may be reported include, but are not limited to: • • •

• • • • • • • • • • •

Contract, procurement, and grant fraud Non-compliance with DBE participation goals Environmental, health, and safety violations Racial, sexual, or other alleged discriminatory behavior Slow payments by the Orleans Parish School Board.

Slow payments prime contractor to a subcontractor Computer crimes Product substitution and suspect/counterfeit parts Bribery, kickbacks, and gratuities False statements and/or false claims Conflicts of interest and ethics violations Theft and/or abuse of government property Violation(s) of criminal or civil law by any the Orleans Parish School Board contractor Other violations of City, State, or Federal laws and regulations

Complainants are encouraged to provide relevant and specific details of their complaint including, but not limited to: 1.

2.

3.

4.

5.

6.

7.

8.

The identity of the person, company, or organization that is the subject of the complaint; Relevant and specific details of the complaint; The City facility, department, contract, or program affected by the complaint; The contract number, contract description, or other identifying information related to the complaint; The date(s) of the alleged infraction(s) How the complainant is aware of the alleged impropriety; The identities of potential witnesses; and Any additional supporting documentation or relevant information regarding the complaint.

Complaints may be reported by the Orleans Parish School Board employees, contractors, or the general public. Complaints may be filed via e-mail 24 hours a day, in person Monday through Friday between 8am and 4:30.pm, or by mail. Complaints should be addressed to the OPSB-DBE Program Executive Director. All formal complaints must be made in writing. Complaints with limited specificity or merit may be held in abeyance until further, specific details are reported. Upon receipt of a specific complaint, the OPSBDBE Program Executive Director may take any one or more of the following actions: 1.

2.

3.

4.

Open an investigation or review of the complaint; Report the matter to the OPSB Superintendent; Report the matter to the Office of the State Legislative Auditor Report the matter to the appropriate law enforcement.

Individuals who file a complaint are not required to identify themselves. However, persons who file complaints are encouraged to identify themselves in the event additional questions arise during an investigation.

Confidentiality The OPSB-DBE Office will protect the identity of complainants to the maximum extent possible by law. Employees who report allegations may specifically request confidentiality.

1

Contractors include construction contractors, professional services contractors, and non-professional services contractors, and certified DBE contractors.

RFP 14-0024, Program/Construction Management Services

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DISADVANTAGE BUSINESS ENTERPRISE (DBE) DBE COMPLAINT FORM OPSB-DBE FORM-4

RFP/RFQ/P.O./Bid/Solicitation/Other # ___________________________ Project Description____________________________________________________________________________________________

Check one or more box: 

Contract, procurement, and grant fraud



Bribery, kickbacks, and gratuities



Non-compliance with DBE participation goals



False statements and/or false claims



Environment, health, and safety violations



Conflicts of interest and ethics violations



Racial, sexual, or other alleged discriminatory behavior



Theft and/or abuse of government property



Slow payments by the OPSB



Violation(s) of criminal or civil law by OPSB’s contractor



Slow payments prime contractor to a subcontractor



Other violations of City, State, or Federal laws and



Computer crimes



Product substitution and suspect/counterfeit parts

regulations

Please provide relevant and specific details of your complaint and/or allegation of wrongdoing below. If you have documents to support your complaint or allegation of wrongdoing, attach them to this document. If you need additional space please use a separate page and attach it to this document. ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

Complainant (Name and/or Firm): __________________________________________________________________________________ Address: _________________________________________________________ City ____________________ State _____ Zip ______ Telephone: ____________________ Fax: ___________________ E-Mail: ________________________________________ By: _______________________________________________ ________________________________________ (Signature) (Title)

_____/_____/______ (Date)

Office Use Only Date received by OPSB

____/____/____

Received by

_____________ (Initials)

Initial Action Taken on

____/____/____

Initial Action Taken 

Opened an investigation or review of the complaint;



Referred the matter to the full Board;



Reported the matter to the OPSB Superintendent;



Reported the matter to law enforcement.

RFP 14-0024, Program/Construction Management Services

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DISADVANTAGE BUSINESS ENTERPRISE (DBE) GOALS REQUEST FOR WAIVER OF DBE REQUIREMENT OPSB-DBE FORM 5

BID/RFP/RFQ/P.O./Solicitation/Other# _____________________________ Current Date ______/______/_________ Project Description ________________________________________________________________________________ _____________________________________________________________ I hereby request that the DBE participation goal, pursuant to the Orleans Parish School Board’s DBE Policy be waived on the above-referenced project for the following reason(s):

 See DBE Form-2: Evidence of Good Faith Efforts and supporting documentation attached. ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________

Requested By _______________________________________________ , ____________________________ (Signature) (Title) __________________________ Telephone

_____/_____/______ (Date)

_____________________________________ E-Mail

Reviewed By (Office of OPSB-DBE) _______________________________________________ , ____________________________ (Signature) (Title)

_____/_____/______ (Date)

Approved By (Superintendent) _______________________________________________ , ____________________________ (Signature) (Title)

RFP 14-0024, Program/Construction Management Services

_____/_____/______ (Date)

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