4.9 Construction Manager Option

In the event that the College chooses to use the services of a construction manager instead of a general contractor, the College shall select a construction manager and negotiate with that construction manager to obtain a contract that is fair and reasonable.

Procedures:

To select a construction manager, the College shall advertise and solicit proposals from qualified construction managers in the following manner:

1. If the total cost for the project exceeds five hundred thousand dollars ($500,000), the solicitation shall be advertised for a period of ten (10) days in one (1) newspaper of general circulation in the county.

2. If the total cost of the project exceeds one million five hundred thousand dollars ($1,500,000), the solicitation shall be advertised for ten (10) days in two (2) daily newspapers in Missouri which have not less than fifty thousand (50,000) daily circulation in addition to the advertisement required by number 1 above.

3. If the total cost of the project is five hundred thousand dollars ($500,000) or less, the solicitation need not be advertised.

4. Solicitations shall require the bidders to submit the following information:

a. Fees for overhead and profit.
b. Reimbursable costs for reimbursable items.
c. Qualifications.

5. Demonstration of ability to perform projects comparable in design, scope and complexity.

a. Demonstration of good faith efforts to achieve compliance with federal, state and local affirmative action requirements.
b. References from owners for whom construction management services have been performed.
c. Financial strength.
d. Qualifications of in-house personnel who will manage the project.
e. Demonstration of successful management systems which have been employed for the purposes of estimating, scheduling, and cost controls.

If the College selects a construction manager on the basis of the above factors, then contractual negotiations may be conducted with that construction manager and a contract may be executed between the Board of Trustees and that construction manager. If the College cannot reach an agreement upon the terms of a construction management services contract through negotiations with the selected construction manager, then the College will attempt to select another construction manager and negotiate a contract with that construction manager. The College will continue to follow the procedures outlined in this Policy until a contract has been executed between the Board of Trustees and a construction manager.

Furthermore, the Board of Trustees shall not award a contract to any construction manager (or a firm that controls, is controlled by or shares common ownership or control with the construction manager), if such construction manager:

a. Guarantees, warrants or otherwise assumes financial responsibility for the work of others on the project.
b. Provides the District with a guaranteed maximum price for the work of others on the project.
c. Furnishes or guarantees a performance or payment bond for other contractors on the project.

Under this Policy, the term “project” shall mean the erection or construction of a building or structure or the improvement, alteration or repair of a building or structure. The term “construction manager” includes consulting, advising, assisting and making recommendations on any and all aspects of preconstruction planning, design, bidding, and contract award and providing general observation, coordination and direction of the work and processing of payment requests and change orders during construction.

This Policy shall not apply should the College choose to contract with an individual or firm solely for the purpose of serving as a liaison with a general contractor.

(Adopted 8-25-2008)