The Board may, at its discretion and in accordance with law, contract for construction management services when planning, designing, constructing, improving, altering or repairing a building or structure.

Construction management services are those as defined in state law. A “construction manager” is defined as any person providing construction management services.

Selection

The Board will advertise and solicit proposals in the following manner:

1. Construction management services for projects expected to cost no more than $500,000 will be selected in the same manner in which architects are selected, except the Board will consider all submitted proposals even if the submission was not solicited.

2. If the total anticipated cost of the project exceeds $500,000, the Board will request and solicit proposals by advertising for ten (10) days in one (1) newspaper of general circulation in the county where the work is located.

3. If the anticipated project cost exceeds $1,500,000, proposals will be solicited by advertising for ten (10) days in two (2) daily newspapers in the state that have a daily circulation of not less than 50,000, in addition to the advertisement in the newspaper in the county where the work will be done.

4. The Board will not prequalify construction managers nor limit the number of proposals accepted but will accept all proposals that are in accordance with the advertised terms.

Selection of a construction manager will be based on:

1. Fees for overhead and profit.

2. Reimbursable costs.

3. Qualifications.

4. Demonstration of ability to perform comparable projects.

5. Demonstration of good-faith efforts to comply with federal, state and local affirmative action requirements.

6. References from prior clients.

7. Financial strength.

8. Qualifications of the in-house personnel who will manage the project.

9. Demonstration of successful management systems used for estimating, scheduling and cost controls.

The Board may negotiate a contract for services with any construction manager selected. If the Board is unable to negotiate a contract at a fair and reasonable price, as determined by the Board, the Board may revise the proposal and advertise again.

The Board will not award the contract for construction management services if the construction manager or a firm that controls, is controlled by, or shares common ownership or control with the construction manager:

1. Guarantees, warrants or otherwise assumes financial responsibility for the work of others on the project.

2. Provides the public owner with a maximum price for the work of others on the project.

3. Furnishes or guarantees a performance or payment bond for other contractors on the project.

Upon being awarded a construction management contract, the construction manager will:

1. Furnish his or her skill and judgment in cooperation with and reliance on the project architect or engineer.

2. Furnish business administration, management of the construction process and other specified services in an expeditious and economical manner consistent with the best interests of the school district.

3. Perform basic services for reimbursement as provided in the construction services management contract.

Bids

Actual construction work on the project will be awarded by competitive bids submitted to the school district in accordance with law. Successful bidders must satisfy the same legal requirements as a contractor, including the obligation to provide payment and performance bonds to the district and meet the obligations pertaining to prevailing wage. In addition, all nonresident employers must meet the bonding and registration requirements of law.

The construction manager will not bid on or perform any of the actual construction on a project where he or she is serving as the construction manager nor will any company that controls, is controlled by or shares common ownership with the construction manager.

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§ 177.086, RSMo §§ 8.675-.687, RSMo