Construction Manager

Job Req for Construction Manager

San Jose, California

Period of Performance October 1, 2024 through February 1, 2025

Construction Management Services (CM)

Record Keeping and Progress Report / Project Files The CMa will set up job files,

working folders, and record keeping systems to be used on this project. The CMa will

update and complete the Inspection Plan to fit complete contract requirements in detail

as directed by the CO/COR. The CMa is responsible for documenting all the major

project actions, contract modifications, claims, submittals, etc. The project files must be

well organized. The CMa files shall include sections for:

General Correspondence (CMa-GC)

Administrative Correspondence

GSA Correspondence

Correspondence with A/E Inspection

Reports Defects and Omissions

Lists Submittals Organized by Specific Section and Submittal

Logs Wage Interviews

Commissioning Reports

Change Order Documents (Requests for Proposals),

SF2437 Finding of Facts,

Scope of work,

Independent Estimates,

GC Proposals,

Technical Analysis and Negotiation Memorandum.

Shop Drawings,

Catalog Cuts Job Meetings with Sign-In Sheets

Requests for Information (RFI) RFI with GSA or A/E

Response and RFI Logs Payments

Scheduling Oversight

The CMa shall review the construction schedules submitted by the GC’s and make

recommendations for acceptance, revision, or rejection by the GSA Contracting Officer

(CO). The CMa shall verify that each activity is reasonably priced, that the schedule is

not front-end loaded, and that the workflow is logical, efficient, and not contrived to

neither unfairly benefit the Contractor nor jeopardize the Government. The CMa shall be

overseeing the progress achieved by the GC and compare the actual progress to the

master project schedule. The CMa must be continuously aware of the status of each

actual project progress as compared to the planned progress. The oversight by CMa

should take into consideration of progress payments, receipt of submittals, phasing, or

any other sensitive activities. The CMa shall annotate the progress schedule monthly

showing actual progress achieved and any adverse delays. The CMa shall anticipate

delays and advise GSA when problems are predicted. The CMa shall highlight such

matters in the weekly construction meetings.

Submittals

The CMa is responsible for coordinating submittals from receipt through approval and

for returning them to the GC. The CMa shall review the submittal schedule, as

developed by the GC, for reasonableness. The CMa should review the submittal

package for completeness and compliance with the specification prior to forwarding on

the the A/E team for review. The CMa shall monitor the GC’s submittal progress,

reminding the GC of pending and delinquent submittals. If submittals are not being

submitted or reviewed in a timely manner by the GC, the CMa shall notify GSA.

The CMa’s submittal monitoring system should include as a minimum: The CMa is

responsible for coordinating the submittals from their receipt through to their approval

and return to the GC. The CMa will monitor the time of submission and the processing

of shop drawings, samples and other separate Contractor submittals. If submittals are

not being received in a timely manner, the CMa shall ascertain the reason therefore and

take action as deemed appropriate to eliminate lags and delays. The CMa shall notify

the CO promptly of any delays of the Contractor. The CMa will ensure that all submittals

are submitted and approved in sufficient time to preclude delaying project completion.

Progress Payments

The CMa shall assist GSA in processing payments by reviewing the GC’s payment

invoices and recommending to the GSA project manager the correct payment amount.

The CMa shall work with the GC before the invoice is prepared, so that both parties

agree on the amount of work completed and the correct amount of the invoice. Actual

approval of the payment amount shall be made by the GSA CO.

The CMa shall follow GSA’s procedure for progress payment review and processing,

including ensuring the GC’s adherence to FAR Clauses 52.232-5, Payments Under

Fixed-Price Construction Contracts (May 2014), and 52.232-27, Prompt Payment for

Construction Contracts (May 2014). The CMa shall also review the GC’s Schedule of

Values (SOV) to ensure that the information is correct and that the SOV is not front-

loaded. The CMa is responsible for reviewing the GC’s proposed SOV at the beginning

of the project and for making recommendations to GSA concerning revisions and/or

acceptance. The CMa shall also verify that there is an appropriate line item with funding

for project closeout since GSA does not typically hold retainage on invoices.

Safety

The CMa shall become familiar with the provisions of the Public Buildings Service (PBS)

Handbook No. PBS P 5900.2C, Safety and Environmental Management Program.

During the course of construction, the CMa shall monitor the GC’s conformance to the

project safety plan. The CMa shall advise the GC immediately of any safety hazards

observed. IF the remedy to a safety hazard is not apparent, the CMa may assist the GC

in developing a corrective action plan.

The CMa shall maintain a file of all accident and fire safety reports generated by the

GC.

Accident and Fire Reporting: In the event of an accident or fire, the GC, the CMa, or

others familiar with the circumstances will be required to prepared and submit to GSA:

GSA Form 3090, Accident Investigation Report GSA Form 53, Fire Accident Report

Inspection

The CMa shall be responsible for the inspection of all worked performed by the GC and

for promptly notifying the GC, and the GSA CO of any discrepancies. The CMa shall

plan and coordinate inspections with the GC in a manner that minimized impacts on

construction operations and shall confirm that critical inspections occur as required.

Inspections of critical activities may require that the GC notify the CMa and GSA in

advance of certain operations. The CMa shall document and record each inspection

either in a stand-alone inspection report, or within the CMa daily report.

Testing

The CMa must be aware of all construction elements or activities that require tests, as

reflected in the construction contract. The CMa’s testing responsibilities include, but are

not limited to:

Verifying that tests are being conducted as scheduled

Witnessing all tests to confirm that proper testing procedures are followed

Monitoring test results for acceptability

Retaining records of tests and results

Documenting testing activities

Notifying GSA of test failures and of planned correction and retesting

Overseeing corrective measures arising from test failures

The CMa will be held responsible for costs for retests that are not necessitated by the

CMa’s failure to witness required tests.

Requests for Information

The CMa is responsible for coordinating RFI’s between GSA and the GC

The CMa shall develop and coordinate a procedure for tracking RFIs so that all parties

understand and agree to their roles and responsibilities.

The CMa reviews RFIs and determines whether a response can be drafted based on a

review of the contract documents. The CMa may refer the RFI to the A/Es for technical

clarifications or to GSA for clarifications of general conditions. The CMa shall also assist

in providing responses to RFIs related to general conditions. All RFIs relating to fire

protection shall be routed to the A/E and the GSA fire protection engineers for review

and response.

The CMa shall develop procedures to notify all parties (the GC and GSA) of RFI

responses, fully document all RFI responses, and confirm that all parties agree with the

contract interpretation.

The CMa shall review all RFI responses to determine whether the response will result in

a change order to the GC contract. If the RFI will result in a change order to the GC

contract, the CMa shall notify the GSA CO and COR to coordinate the proper response.

Contract Modifications

The CMa shall assist the CO in administration of changes to construction contracts. The

CMa must not take any action that commits the Government to funds and should avoid

any instruction to the contractor that could be interpreted as authorizing modifications to

the contract. All modifications to the contract must be processed as formal contract

modifications by the GSA CO. The GSA CO has the sole authority for authorizing

contract modifications.

a. Change Order Requests: The CMa shall evaluate all potential modifications to

determine whether they are justified and within the scope of the GC contract,

consulting as necessary with the Design-Bid-Build team on technical issues or

with the GSA general conditions. The CMa may also assist in developing

customer driven changes to the SOW.

b. Requests for Proposals: If the CMa find a change order request justifiable, the

CMa shall prepare a request for a change order proposal from the GC for

signature by both the CO and COR. The CMa will be required to prepare a

written description of the scope of the change.

c. Design Deficiencies: If the reason for a change appears to be a design

deficiency, the CMa should make an initial assessment of the Design-Bid-Builds’

Team liability, including documentation of the deficiency. The CMa’s assessment

of the Design-Bid-Build’s Team liability will be based on a review of the contract

documents and other circumstances leading to the change. The GC shall be

given an opportunity to rebut any determinations of apparent design deficiencies.

The GC’s position on the deficiency shall be provided to the GSA CO and the

COR with the proposed contract modification. GSA shall make the final decision

on liability and also on whether to pursue recovery from the GC.

d. Estimates: The CMa shall prepare an independent estimate of the change and

the GC’s subcontractors’ overhead and profit. The contract has all rates, prepare

estimate based on these rates. The estimate shall include a detailed breakdown

of labor, material, and equipment costs for the various work elements. Markups

for overhead and profit, as allowed by the GC contract, will be shown separately.

The estimate must be signed and dated by the preparer. The absolute sum of all

cost components in a modification (additions and deductions) will determine the

GSA internal approval process required for the cost estimate before acceptance

by the GSA CO. The Government estimate is to be prepared before receipt of,

and independent of, the GC’s proposal.

e. Price-to-be-Determined-Later (PDL) Modifications: Some modifications must be

expedited in order to avoid delaying construction or increasing costs excessively.

In such cases, the modifications may be processed as a PDL. The GSA CO will

decide if circumstances warrant expedited PDL procedures.

f. CO Directed Change Orders: FAR Clause 52.243-4, Changes, authorizes a CO

to issue a written order to the contract unilaterally directing changes in the work,

within the general scope of the GC contract; including changes in the

specifications or drawings, in the method of performance, in Government

furnished facilities or equipment, in materials, in services, in site, or in directing

acceleration of the performance of the work.

g. Negotiations: The CMa shall determine if a change will potentially extend or

shorten the specified construction completion date; include an estimate of

appropriate time extension for all change orders; the CMa shall review all

proposals received from the GC and develop a technical analysis. The technical

analysis is an in-depth evaluation of the GC’s proposal, especially as it compares

to the Government Estimate. It identifies questionable costs; excessive unit

costs; differences in scope, quantities, or markups; and suggests negotiation

strategies; the CMa shall assist the GSA CO/COR in establishing negotiation

strategies, including negotiation cost targets or range and in negotiating contract

modifications with the GC. The initial analysis should provide recommendation

for acceptance or recommendations for negotiations, identifying specific

negotiation objectives and cost targets or range. The CMa will support the

CO/COR in the negotiations, being most familiar with the field conditions

generating the change and having prepared or reviewed the IGE and having

prepared a technical analysis that compares the IGE to the GC’s change order

proposal. GSA will provide necessary on site representation to avoid impact on

change order procedures with reasonable notice and/or scheduling.

h. Documentation: After negotiating a firm-fixed prices, the CMa shall assist GSA by

preparing a revised Technical Analysis based on the final negotiated amount.

Progress Photographs

The CMa shall photograph any work that will become hidden or covered up during the

course of construction. Photos shall be labeled to indicate the project, the date taken,

and what is being shown. Prior to the commencement of construction, the CMa shall

photograph all existing areas surrounding the construction area that may become

damaged during construction in order to provide a record of the conditions at the start of

the work.

Project Closeout – Final Inspection, Substantial Completion, and Final

Completion

The CMa shall schedule and coordinate the Final Inspection and punch list with GSA,

the architect of record, and the FBI. The CMa shall have a running list of Defects and

Omissions (D&Os) that can be combined with the D&Os identified in the Final

Inspection. The CMa transmits the preliminary D&O list (also referred to as the Punch

List) to the GC and GSA.

The CMa shall closely monitor the corrective work and update the list of D&O, signing

off each deficiency as it is corrected. The CMa shall prepare a project specific checklist

of the items contractually required before the contract can be considered ready for

settlement.

The CMa shall assist the GSA CO to determine when all contractual obligations are

met, and the project is ready for final completion and acceptance.

Meetings and Coordination

The CMa shall chair design meetings, progress meeting, coordination meetings, and

required project meetings as soon as the CMa is on board through final closeout of all

construction activity.

The CMa shall produce and distribute meeting minutes within three (3) business days of

the meeting.

The CMa Shall schedule and chair coordination meetings as required to ensure

construction activities. The CMa shall provide both informal and formal coordination

meetings with the parties on site.

As Built Drawings

Verify the accuracy and completeness of all as-built drawings and ensure the contractor

maintains and updates the drawings on a regular basis and include all actual locations

and routings of services, all changes from the original documents, filed changes, final

details, actual dimensions and other similar items on the drawings. The CMa and the

construction contractor will work collaboratively to ensure that as-built and other

“Controlled Unclassified Information” (CUI), such as drawing plans are kept under strict

control, with dissemination only for authorized personnel, on a need to know basis.

Claims

Claims avoidance: The CMa’s most important role in claims management is in claims

avoidance or prevention. The CMa is to assist GSA in not allowing adversarial situations

to escalate into disputes. Since “time is money” to construction contractors, the CMa

should be sensitive to the need for timely responses in all contract administration

matters and be aware that most contractor claims are based on “time” and “delay”

issues. If dispute arise with the construction contractor, the CMa is to quickly advise

GSA on how to resolve them. Every effort should be made to avoid claims by clear

communications, prompt resolution of conflicts, prompt responses to contractor

submittals, and good management and administrative practices.

Claims Analysis: The CMa shall review claims from the Construction contractor(s) and

render all assistance required by the Government, including furnished of reports with

supporting information necessary to resolve the dispute or defend against the claim.

The CMa shall assist in preparing and assembling the appeal file; participate in

meetings or negotiations with the claimant; appear before the Board of Contract

Appeals or court of law; and provide other appropriate assistance.

The above claims services provided after expiration of the CMa’s period of performance

for each phase, or claims related to work other than described above and leading

directly to the presentation of claims before the GSBCA or Claims Court, such as

preparing exhibits and briefs, interrogatories, depositions, analyzing testimony before

the court, providing direct or written testimony to the court if outside the period of time

described above, and other work of similar nature is not part of this contract award, and

will be added as a change order, if needed.