7010
Policy
Construction
New Construction and Improvements to
Existing Buildings
Educational Specifications,
Facilities Studies, Construction
Design and Delivery, Bids/Proposals and Bidding/Proposing, and Project Site Security
1. Education Specifications
- Generally: The education specifications typically
include the financial resources available for the project, the definition and
character of classrooms, the functional use to be made of the rooms,
description of specialized needs, the construction materials, quality and life
cycle standards, and other pertinent information as the board deems necessary.
2. Facilities
Studies:
A. Facilities Study
Committee: Prior to remodeling or other
construction of buildings and sites, the board may appoint a committee of
consultants, employees, citizens, or others to assist the board in developing
the specifications and master plan for the construction of new educational
facilities or additions to or improvement of existing buildings and sites, and
the schedule and sequencing thereof. Any
such specifications and/or master plan shall be consistent with the education
program, and shall provide the architect and/or Construction Manager as
Constructor (CMC), Construction Manager at Risk (CMR) or Design Builder (DB)
(as defined more fully below) retained for such project(s), if any, with the
information necessary to determine the expected scope of use of the
facility. It shall be within the
discretion of the board to determine whether a committee shall be appointed.
B. Facilities Study
and Master Planning Consultants: The
board may engage the services of consultants (including architects, engineer,
and/or CMC, CMR or DBs) or other personnel to study the needs of the School District's buildings and sites in providing the
education program. The results of these
services will be considered in planning the education program and in making
decisions about the construction of new facilities, the improvement of or
additions to existing facilities, and the acquisition of additional buildings
and sites. It shall be the
responsibility of the superintendent and/or board of education facilities
planning committee, if any, to make a recommendation to the board regarding the
need for such services and who should perform such services for the board.
3. Building
Construction Standards: New school buildings, additions or
improvements to existing school buildings or facilities, existing buildings
considered to be used for the education program of the School District must
meet, or upon improvement be able to meet, the educational specifications and
construction materials, quality and life cycle standards established by the
Board of Education. The Board of
Education may retain such consultants as deemed necessary from time-to-time to
establish these building construction standards.
4. Retention
of Design Services: The board of education may retain the
services of design professionals for the development of plans and
specifications for the new school buildings, additions or improvements to
existing school buildings or facilities, and for existing buildings considered
to be used for the education program of the School
District.
5. Method
of Construction Delivery: Prior
to construction or renovation of buildings and sites the board shall make a
determination of the construction delivery methods or methods allowed by law by
which it will obtain construction services for a project or projects. If the board elects to use the Construction
Management at Risk or Design-Build methods under the Political Subdivisions
Construction Alternatives Act, Neb. Rev. Stat.
13-2901, et. seq., policies for the method chosen must first be established.
6. Method
of Advertising for Bids/Proposals under CMC, CMR or DB as Constructor per Neb.
Rev. Stat. § 73-106, or the
Construction Management at Risk or Design-Build methods under the Political
Subdivisions Construction Alternatives Act, Neb. Rev. Stat.
13-2901: All portions of any
public project involving the expenditure of School District funds for the construction,
remodeling, or repair of any school-owned building or for site improvements
having a total project cost of forty thousand dollars ($40,000) or more, must be competitively bid/proposed, including
all portions of project using the construction delivery methods of
design-bid-build, CMC, CMR or DB as Constructor per Neb. Rev. Stat. § 73-106, or the Construction Management at
Risk or Design-Build methods under the Political Subdivisions Construction
Alternatives Act, Neb. Rev. Stat. 13-2901,
or projects using a multiple prime contract method of construction delivery
managed by a Construction Manager as Agent (CMA). For such projects the School District shall
advertise for bids/proposals in the regular manner established by the Board of
Education which shall accept or reject bids/proposals pursuant to Neb. Rev. Stat. § 73-101.
The regular manner for advertising for bids/proposals under the CMA, CMC,
CMR or DB as Constructor (CMC) per Neb. Rev. Stat.
§ 73-106, or the Construction Management at Risk (CMR) or Design-Build (DB)
methods of construction delivery pursuant to the Political Subdivisions
Construction Alternatives Act, Neb. Rev. Stat.
13-2901, is as follows:
A. Advertisement for Competitive Bids/Proposals:
As the Owner's representative, the CMA, CMC, CMR or DB shall advertise for
competitive bids/proposals for all portions of the Work pursuant to the bid/proposal
process adopted and designated by the Owner which may be placed in the Project
Manual for each bid/proposal package, which shall provide as follows:
1. All contracts for work related to
building construction, remodeling or repair or site improvements will be bid/proposed
in accordance with state statutes in the regular manner established by the
Board. All other contracts will be handled
under current district policies and regulations.
2. Building construction, remodeling or
repair or site improvement projects should be combined to the extent possible.
3. The regular manner established by the
Board of Education for advertising for bids/proposals for all contracts for the
construction of all improvements and work listed for the Project through the Superintendent of Schools,
or his/her designee, shall be by: (a) preparing invitations for bids/proposals
and proposed contract documents; (b) publishing public notice which includes
the general nature of the proposed work, fixes the hour, date, time and place
where such bids/proposals shall close, or be received or opened, and provides
the name and telephone number of a person to be contacted by anyone interested
in submitting a bid/proposal to contract for such work in a newspaper of
general circulation in the School District at least fourteen (14) days prior to
bid/proposal opening and providing other public notice; (c) establishing evaluation
criteria, interview and selection procedures which may include consultations
with one or more Bidders/Proposers according to the requirements of any
federal, state, and local laws applicable, with the board giving approval to
and making the award of any final contracts; and (d) preparing, signing,
executing and delivering all documents, and taking or causing to be taken all
other necessary or appropriate action to complete the bidding/proposing and
proposal process for each contract; and that the above shall and is hereby
determined to be the regular manner established by the Owner for advertising
for bids/proposals for all contracts for the Project.
4. The above regular manner established by
the board relates to all forms of construction, remodeling, or repair and all
contractors and subcontractors, including the various forms of construction
delivery CMA, CMC, CMR or DB and any subcontracts thereunder.
5. In implementing the forgoing bid/proposal
process the CMC, CMR or DB shall be generally responsible for, but not limited
to:
a. SCHEDULE
FOR LETTING BIDS/PROPOSALS: Establish a
schedule for letting bids/proposals for each portion of the Work pursuant to a Critical
Path Method Schedule (CPMS) established for the Project to be prepared by the
CMA, CMC, CMR or DB and provided to the School District/Owner;
b. DATES
FOR ADVERTISEMENT OF BIDS/PROPOSALS: Establish dates for advertising for and
opening of bids/proposals;
c. LOCATION OF BID/PROPOSAL OPENING: Establish location for opening bids/proposals;
d. PUBLICATION OF BIDS/PROPOSALS: Arrange for publication of advertisement for bids/proposals,
which publication shall fix the day and hour upon which the bids/proposals
shall be returned or received, and the date, hour and location the bids/proposals
will be opened, and that the bids/proposals shall be opened in the presence of
the Bidders/Proposers, or representatives of the Bidders/Proposers, when the
hour is reached for the bids/proposals to close;
e. PROVISION
OF CONSTRUCTION DOCUMENTS: Provide to
all prospective Bidders/Proposers the Plans and Specifications
for the portion of the Work being let for bids/proposals;
f. PRE-BID/PROPOSAL CONFERENCES: Conduct
pre-bid/proposal conferences with firms interested in submitting bids/proposals
as Subcontractors following the GCPMS for the Project;
g. SPECIFY
REQUIRED INFORMATION FROM BIDDERS/PROPOSERS:
Confirm with all prospective Subcontract
Bidders/Proposers that they will provide all information requested of Bidders/Proposers
on the Work required by the Owner in the bid/proposal documents;
h. PRESENCE
AT BID/PROPOSAL OPENINGS: Be present at all bid/proposal openings;
i. EVALUATION OF BIDS/PROPOSALS: In consultation with the Owner and
Architect, evaluate each bid/proposal and bidder/proposer, and assist the Owner
in determining which bids/proposals will be accepted as the lowest responsible
bid/proposal for portions of the Work being bid/proposed. For purposes of this Agreement, the term
"lowest responsible bidder/proposer" shall mean financial
responsibility, the general ability and capacity of the bidder/proposer to
perform the Work, the bidder's/proposer’s facilities and suitability for the
task, and those qualities which the bidder/proposer must necessarily have in
order to be able to perform the contract strictly in accordance with its terms;
j. BIDDING/PROPOSING BY CMC, CMR or DB: Should
the CMC, CMR or DB or a construction contractor in any way affiliated with the
CMC, CMR or DB as defined by the Owner submit a bid/proposal for a portion of
the Work being let for bids/proposals, the same procedures and processes as
required of all Bidders/Proposers shall be followed, and the bid/proposal of
the CMC, CMR or DB or a construction contractor affiliated in any way with the CMC,
CMR or DB may only be accepted if such bid/proposal is the lowest responsible
dollar amount bid/proposed;
k. CONFORMANCE BY MATERIAL SUPPLIERS: Subcontracts
and agreements with suppliers furnishing materials or equipment fabricated to a
special design shall conform to the bidding/proposing provisions herein.
l. REBIDDING/PROPOSING OF WORK: In cooperation with the Architect and Owner,
the CMC, CMR or DB shall assist with the rebidding/proposing of any portion of
the Work for which no satisfactory bid/proposal has been received;
m. BID/PROPOSAL BONDS: The CMC, CMR or DB shall require Bidders/Proposers
to submit bid/proposal bonds or other bid/proposal security and, as applicable,
payment and performance bonds and certificates of insurance acceptable to the CMC,
CMR or DB and Owner as a prerequisite to bidding/proposing on portions of the
Work to be performed by Subcontract.
7. Project Site Security
Plan:
A. General
Conditions of Contract: The General Conditions of Contract for any School District project shall be the AIA A201, 1997 or
AIA A201 CMa - 1992, as applicable, which shall be supplemented to include the
following provision:
§ 3.4.2.3 If selected, the Contractor shall not assign any
individual or agent to any work on an awarded project with a criminal record of
a serious nature as defined by the School District/Owner's policy, regulations,
practices or directives, including but not limited to any of the
following: (a) a felony; (b) rape,
including statutory rape, or any other sexual assault; (c) sexual conduct with
a minor of any kind; (d) abuse of a minor or child of any kind; (e)
endangerment of a child or debauching a minor; (f) public indecency; (g)
prostitution, pandering, or keeping a place of prostitution; (h) assault or
battery (i) kidnapping, false imprisonment or abduction; (j) child pornography;
or (k) any offense in which a minor was a victim or a witness. The Contractor shall authorize and give
consent, and agrees to cooperate in obtaining any additional authorization or
consent necessary to assure compliance with this requirement.
B. Project Site Security Protocol:
1. Prior to performing any work or
entering on the Project Site, all contractors and subcontractors, and suppliers
and materialmen shall sign a "Contractor/Supplier
Criminal Records Certification", a copy of which is attached hereto,
certifying that such contractor shall not assign to work on any Ashland-Greenwood
Public School District building project an employee having a criminal record as
defined by the School District/Owner's policy, regulations, practices or
directives, including but not limited to any of the following: (a) a felony; (b) rape, including statutory
rape, or any other sexual assault; (c) sexual conduct with a minor of any kind;
(d) abuse of a minor or child of any kind; (e) endangerment of a child or
debauching a minor; (f) public indecency; (g) prostitution, pandering, or
keeping a place of prostitution; (h) assault or battery; (i) kidnapping, false
imprisonment or abduction; (j) child pornography; or (k) any offense in which a
minor was a victim or a witness. Such certification shall remain on file at all times
during the contractor's presence on the site.
2. The CMC, CMR or DB shall establish a
school building construction site security protocol which shall include
providing all employees of the contractors, employees of sub-contractors to the
contractors, and other project related personnel with a "Project"
badge or sticker created by the CMC, CMR or DB; each badge or sticker shall
have a unique identifier number. This unique identifier number must be logged
by the CMC, CMR or DB's Site Superintendent or Project Manager so as to associate
each individual’s name and company with the number on the badge. A copy of the log shall be kept at all times
in the office of the CMC, CMR or DB's Site
Superintendent and must be submitted
to the Superintendent's Office at
the end of each week. If wearing the CMC, CMR or DB provided
"Project" badge is not desirable and will interfere with the work
being performed by that individual, the CMC, CMR or DB shall provide a sticker
with the necessary information for identification for affected personnel, which
shall include the unique number on the identification. This sticker may be
affixed to the individual worker's hard hats. All means of identification other
than what is provided by the CMC, CMR or DB must be approved by the CMC, CMR or
DB's on-site Superintendent or
Project Manager prior to implementation by the contractor. Identification must
be visible at all times. Personnel failing to comply with the job-site security
requirements may be required by the CMC, CMR or DB or School
District personnel to leave the job-site.
3. A copy of the list of properly
certified workers and other personnel authorized to be on the work site shall
be provided by each contractor to the CMC, CMR or DB for the Project and kept
in the on-site offices.
Legal Reference: Neb.
Rev. Stat. § 73-101; Neb. Rev. Stat. § 73-106;
Political Subdivisions Construction Alternatives Act, Neb. Rev. Stat. 13-2901, et. seq.