When the District determines that it may need to engage the services of a construction manager, the Board of Education shall select a construction manager and negotiate with that construction manager to obtain a contract that is fair and reasonable. To select a construction manager, the District shall advertise and solicit proposals from qualified construction managers in the following manner:
Solicitations shall require the bidders to submit the following information:
If the Board of Education 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 District and that construction manager.
If the Board of Education cannot reach an agreement upon the terms of a construction management services contract through negotiations with the selected construction manager, then the Board of Education will attempt to select another construction manager and negotiate a contract with that construction manager. The Board of Education will continue to follow the procedures outlined in this policy until a contract has been executed between the District and a construction manager.
Furthermore, the Board of Education shall not award a contract for construction management services on a negotiated basis to any construction manager (or a firm that controls, is controlled by or shares common ownership or control with the construction manager), unless such construction manager:
A construction management services contract to such a construction manager may only be awarded though a competitive bid process.
Under this regulation, 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, but is not limited to, 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