27-B02-24: Lease-Leaseback for Modernizations at Stocklmeir, Garden Gate and Eisenhower

CUPERTINO UNION SCHOOL DISTRICT
REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/P) # 27-B02-24
LEASE-LEASEBACK CONSTRUCTION SERVICES
Cupertino Union School District ("District") is seeking proposals from qualified persons,
firms, partnerships, corporations, associations, or professional organizations to provide
constructability review, value engineering, master scheduling, cost estimating, budgeting,
and construction services for the development and construction for the Modernizations at
Stocklmeir, Garden Gate and Eisenhower Project ("Project"), in accordance with the
lease-leaseback structure set forth in Education Code section 17406, et seq.
The Request for Qualifications and Proposals ("RFQ/P"), which includes instructions for its
completion, is enclosed for your consideration. Respondents to this RFQ/P shall submit a
completed Statement of Qualifications ("SOQ") along with the Proposal (collectively "RFQ/P
Packet"). Respondents must mail or deliver three (3) bound copies and one (1) electronic
copy on USB flashdrive of the RFQ/P Packet conforming to the requirements of this RFQ/P
to:
Cupertino Union School District
ATTN: Minh Tang
10301 Vista Drive, Door 10
Cupertino, CA 95014
RE: RFQ/P #27-B02-24 Lease-Leaseback Construction Services
ALL RESPONSES ARE DUE BY 2:00 P.M. ON OCTOBER 29, 2026. Oral, telegraphic,
facsimile, telephone or email RFQ/P Packets will not be accepted. RFQ/P Packets received
after this date and time will not be accepted and returned unopened.
Questions regarding this RFQ/P may be directed to BRANDON POWERS
(brandon@tbkcm.com) and must be submitted in writing on or by 5:00 P.M. ON
OCTOBER 19, 2026.
This Project is subject to labor compliance monitoring and enforcement of compliance with
prevailing wage requirements by the Department of Industrial Relations pursuant to Labor
Code 1771.4, and skilled and trained workforce requirement pursuant to Public Contract
Code 2600. Contractors of all tiers must be currently registered and qualified to perform
public work pursuant to Labor Code 1725.5. All Respondents must be prequalified by the
District in accordance with Public Contract Code 20111.6. First tier electrical, mechanical
and plumbing subcontractors must be prequalified prior to the time subcontractor bids are
submitted.
CUPERTINO UNION SCHOOL DISTRICT
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RFQ/P SCHEDULE SUMMARY
DATE ACTION ITEM
10/7/2026 Release of RFQ/P.
Week of 10/5/2026 First advertisement of RFQ/P in trade
journal and local newspaper.
Week of 10/12/2026 Second advertisement of RFQ/P in
trade journal and local newspaper.
10/19/2026 at 5:00 P.M. Last day to receive written questions
from Respondents.
10/22/2026 Last day for District to issue addenda to
answer questions/clarifications.
10/29/2026 at 2:00 P.M. Deadline for submissions in response to
RFQ/P.
11/4/2026 Release of shortlist of qualified
Respondents and interview
notifications.
Week of 11/9/2026 Interviews of qualified Respondents.
Week of 11/9/2026 Notice to selected developer to
commence contract negotiation.
December 17, 2026 Governing Board approval of award.
The District reserves the right to change the dates on the schedule without prior notice.
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CUPERTINO UNION SCHOOL DISTRICT
REQUEST FOR QUALIFICATIONS AND PROPOSALS
LEASE-LEASEBACK CONSTRUCTION SERVICES
I. INTRODUCTION
Cupertino Union School District ("District") comprises 17 elementary schools, one TK-8
school, and five middle schools located throughout the city of Cupertino and portions
of Sunnyvale, San Jose, Saratoga, Los Altos, and Santa Clara. The District employs
approximately 1,480 Full Time Equivalent (FTE) staff and serves a highly diverse student
population of approximately 13,500 that encompasses over 15 nationalities and
45 languages.
Measure Z (2024) authorized the District to issue and sell general obligation bonds of up to
$347 million to provide financing for needed repairs, upgrades, and new construction
projects to the District's schools.
This Request for Qualifications and Proposals ("RFQ/P") defines the services sought from
Respondents and generally outlines the Project requirements. Respondents to this RFQ/P
shall submit a completed Statement of Qualifications ("SOQ") along with the Proposal
(collectively "RFQ/P Packet").
II. Project Description and Scope of Services
A. General
The purpose of this RFQ/P is to select a qualified person, firm, partnership, corporation,
association, or professional organization to provide constructability review, value
engineering, master scheduling, cost estimating, budgeting, and construction services for
the development and construction for the Modernizations at Stocklmeir, Garden Gate and
Eisenhower Project ("Project"), in accordance with the lease-leaseback structure set forth in
Education Code section 17406 et seq. Selected developer shall have experience with the
construction of public school facilities and complying with the requirements of the Office of
Public School Construction ("OPSC"), the Division of the State Architect ("DSA"), and Title
24 of the California Code of Regulations.
To submit a proposal, Respondents must be properly licensed by the California Contractors
State License Board and registered with the Department of Industrial Relations ("DIR") as
required by law. Only Respondents who have been prequalified by the District in accordance
with Public Contract Code section 20111.6 are eligible to respond to this RFQ/P.
The selected developer will be required to comply with the prevailing wage requirements,
the skilled and trained workforce requirements, and the District's bonding and insurance
requirements. This project is funded in whole or in part with state funds, and therefore the
selected developer shall comply with all applicable foreign sanctions laws and regulations,
such as by submitting APPENDICES C-2 and C-6 and meeting any other applicable
requirements related to foreign sanctions. The selected developer shall be required to work
cooperatively with District staff, the Governing Board, all other technical consultants, the
architect, the project inspector, and any program and/or construction manager, if any,
retained by the District for the Project, citizens' oversight committee, other District
committees, and the community at large to deliver a timely and professional completion of
the Project.
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The Project is further defined in the attached APPENDIX A, along with the District's
construction budget and schedule for the Project. Respondents' Proposal shall include
Respondent's proposed fees and costs to perform the Project if the Respondent is awarded
the contract.
The District intends to select one Respondent that best meets the District's needs to
perform the Project. The criteria on which the District makes its determination will be based
on the District's adopted best value methodology and criteria provided in this RFQ/P.
B. Scope of Work
Although the final scope of work will be negotiated in the executed Agreement (defined
below at subparagraph H), the selected developer shall be responsible for performing the
following scope of work, at a minimum:
Preconstruction Services:
1. Review design and support documentation for content, constructability,
completeness, scheduling, clarity, consistency, and coordination.
2. Undertake value-engineering analysis and prepare reports with
recommendations to District and Architect of Record to maintain established
program budget and specifications.
3. Provide detailed cost estimates.
4. Expedite design reviews, including modifications, if any, based on value
analysis.
5. Purchase long lead equipment and materials, including coordination with
designers, delivery and storage.
6. Provide a proposed Guaranteed Maximum Price ("GMP") for the construction
of the project with identified subcontractor bids and self-performed work.
Construction Services:
1. Construction of the Project.
2. Coordination of record drawings and specifications.
3. Compilation of operations and maintenance manuals, warranties/guarantees,
and certificates.
4. Obtaining occupancy permits and coordinating testing, documentation, and
governmental inspections and approvals.
5. Preparation of accounting and closeout reports and occupancy plan reports.
6. Other responsibilities as necessary for the completion of the program.
C. [RESERVED]
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D. Lease-Leaseback Structure
The Project will be funded from various sources, and any agreement reached will conform to
the statutory framework for the lease-leaseback delivery method pursuant to Education
Code section 17406 et seq. Financing for a portion of the construction of the Project will be
included in the Agreement attached to this RFQ/P as APPENDIX B. During construction, the
District shall pay tenant improvement payments. Once the Project is complete, the
developer shall lease the completed facilities back to the District for a predetermined
monthly lease payment amount. However, the District intends that the lease will include an
early termination payment option for the District.
E. District Project Management Description
District's Governing Board will be responsible for making final decisions, but the
Superintendent will be responsible for day-to-day decisions and may designate a project
manager who will be the primary point of contact between the selected developer and the
District.
F. Prequalification of Designated Subcontractors
If used, contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43,
and/or C-46 licenses (collectively, "MEP subcontractors") shall be prequalified by the District
to perform electrical, mechanical and/or plumbing construction work as a first-tier
subcontractor on the Project pursuant to Public Contract Code section 20111.6.
G. Registration of Respondent and All Tiers of Subcontractors
The selected developer(s) shall not allow any employee or subcontractor to commence work
on any contract or any subcontract until the proof of registration with the Department of
Industrial Relations required of the developer or subcontractor has been provided to and
accepted by the District.
H. Form of Agreement
Selected developer must be able to execute the District's standard form of Site Lease and
Facilities Lease ("Agreement"), attached to this RFQ/P as APPENDIX B. After the plans and
specifications have been approved by DSA, the Facilities Lease will be amended to include
the agreed upon Guaranteed Maximum Price.
I. Indemnity
Respondents to this RFQ/P must acknowledge that they have reviewed the District's
indemnity provision set forth in the Facilities Lease (APPENDIX B) and must agree to the
indemnity provision and confirm in writing that, if given the opportunity to contract with the
District, the Respondent has no substantive objections to the use of the District's standard
indemnity provision.
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J. Insurance
The District requires at least the following insurance coverage from the selected developer:
COMMERCIAL GENERAL Product Liability and $5,000,000 per
LIABILITY Completed Operations, occurrence;
Fire Damage Liability - $10,000,000 in
Split Limit aggregate
AUTOMOBILE LIABILITY - Combined Single Limit $1,000,000
ANY AUTO
WORKERS' Statutory limits
COMPENSATION pursuant to State law
EMPLOYER'S LIABILITY $1,000,000
BUILDER'S RISK Issued for the value
(COURSE OF and scope of Work.
CONSTRUCTION)
POLLUTION LIABILITY $1,000,000 per claim;
$2,000,000 aggregate
The limits of insurance for those subcontractors whose scope of work does not exceed
One million dollars ($1,000,000) shall not be less than the following amounts:
COMMERCIAL GENERAL Product Liability and $2,000,000 per
LIABILITY Completed Operations, occurrence; $4,000,000
Fire Damage Liability - in aggregate
Split Limit
AUTOMOBILE LIABILITY - Combined Single Limit $1,000,000
ANY AUTO
WORKERS' COMPENSATION Statutory limits
pursuant to State law
EMPLOYER'S LIABILITY $1,000,000
Selected developer shall provide to the District certificate(s) of insurance and endorsements
satisfactory to the District. Insurance policy(ies) shall not be amended or modified and
coverage amounts shall not be reduced without thirty (30) days' written notice to District
prior to modification and/or cancellation. For Commercial General Liability and Automobile
Liability, District shall be named as an additional insured on all policies. Selected developer's
policy(ies) shall be primary; any insurance carried by the District shall only be secondary
and supplemental. Selected developer shall not allow any employee or subcontractor to
commence work on any contract or any subcontract until the proof of insurance required of
the developer or subcontractor has been provided to and accepted by the District.
K. [RESERVED]
III. Full Opportunity
CUPERTINO UNION SCHOOL DISTRICT
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No respondent will be discriminated against on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, reproductive health
decisionmaking, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or veteran or military status of any
person in any consideration leading to the award of the contract. The District also
affirmatively ensures that Disadvantaged Business Enterprises ("DBE"), Small Local
Business Enterprises ("SLBE"), Small Emerging Local Business Enterprises ("SELBE"), and
Disabled Veterans Business Enterprises ("DVBE") shall be afforded full opportunity to
respond to this RFQ/P.
IV. Limitations
This RFQ/P is neither a formal request for bids, nor an offer by the District to contract with
any party responding to this RFQ/P. The District reserves the right to add additional
prequalified Respondents for consideration after distribution of this RFQ/P if it is found to be
in the best interest of the District. All decisions concerning selection of the developer will be
made in the best interests of the District. The awarding of the contract pursuant to this
RFQ/P, if at all, is at the sole discretion of the District.
The District makes no representation that participation in the RFQ/P process will lead to an
award of contract or any consideration whatsoever. The District shall in no event be
responsible for the cost of preparing any RFQ/P Packet in response to this RFQ/P.
RFQ/P Packets and any other supporting materials submitted to the District in response to
this RFQ/P will not be returned and will become the property of the District unless portions
of the materials are designated as proprietary at the time of submittal, and are specifically
requested to be returned. Vague designations and/or blanket statements regarding entire
pages or documents are insufficient and will not bind the District to protect the designated
matter from disclosure. Pursuant to Michaelis, Montanari, & Johnson v. Superior Court
(2006) 38 Cal.4th 1065, RFQ/P Packets shall be held confidential by the District and shall
not be subject to disclosure under the California Public Records Act until after either: (1) the
District and the successful Respondent have completed negotiations and entered into an
Agreement, or (2) the District has rejected all Proposals. Furthermore, the District will have
no liability to the Respondent or other party as a result of any public disclosure of any RFQ/P
Packet. In the event the District is required to defend an action on a Public Records Act
request for any of the contents of a Proposal marked "Confidential," "Proprietary," or "Trade
Secret," the Respondent agrees, by submission of its RFQ/P Packet, to defend and indemnify
the District from all costs and expenses, including attorneys' fees, in any action or liability
arising under the Public Records Act.
V. Restrictions on Lobbying and Contacts
From the period beginning on the date of the issuance of this RFQ/P and ending on the date
of the award of the contract, no person, or entity submitting in response to this RFQ/P, nor
any officer, employee, representative, agent, or consultant representing such a person or
entity shall contact through any means or engage in any discussion regarding this RFQ/P,
the evaluation or selection process/or the award of the contract with any member of the
District, Governing Board, selection members, or any member of the Citizens' Oversight
Committee. Any such contact may be grounds for the disqualification of the Respondent
submitting an RFQ/P Packet.
VI. [RESERVED]
VII. Submittal Format
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A. Format
Material must be in 812 x 11-inch format with font no less than 11-point font size. The
RFQ/P Packets shall include divider tabs labeled with boldface headers below (e.g. the first
tab would be entitled "Executive Summary," the second tab would be entitled "Table of
Contents," etc.) Each submittal shall not contain more than thirty (30) single-sided pages,
and excluding front and back covers, tabs and Appendices. Submittals containing more than
the authorized number of pages will not be considered.
B. General Overview
Each RFQ/P Packet shall include a description of the type, technical experience,
backgrounds, qualifications and expertise of the Respondent. The description shall show that
the firm possesses the demonstrated skills and professional experience to perform the
general functions of the Project and fulfill the goals and vision of the District as its developer
for the Project. Submittals shall describe in detail the Respondent's methods and plan for
carrying out the Project. Included in this information must be a description of construction
scheduling, staging, and logistics based on timelines and information provided by the
District in this RFQ/P and the mandatory informational meeting. Describe the Respondent's
approach to the Project, including any creative methodology and/or technology that the
Respondent uses or unique resources that the Respondent can offer to the District and
Project.
C. Contents
Respondents shall comply with the following requirements for its RFQ/P Packet:
1. TAB 1 - Executive Summary (max. 1 page)
This should be an overview of the entire RFQ/P Packet with a description of the general
approach and/or methodology the Respondent will use to meet the goals and fulfill the
general functions as set forth in this RFQ/P.
2. TAB 2 - Table of Contents
This should be a complete and clear listing of the headings and pages to allow easy
reference to key information.
3. TAB 3 - Cover Letter Identifying Respondent (max. 1 page)
This should be a letter of introduction signed by an authorized officer of the Respondent. If
the Respondent is a joint venture, duplicate the signature block and have a principal or
officer sign on behalf of each party to the joint venture. The letter shall also include:
a. Respondent's name.
b. Address, include any branch office address and point of contact.
c. Telephone number.
d. E-Mail address.
e. Clearly identify the individual(s) who are authorized to speak for
the Respondent during the evaluation process.
f. And, the following statement:
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"[RESPONDENT'S NAME] received a copy of the District's Site
Lease and Facilities Lease ("Agreement") attached as Appendix B
to the RFQ/P. [RESPONDENT'S NAME] has reviewed the
indemnity provisions and insurance requirements contained in
the Agreement. If given the opportunity to contract with the
District, [RESPONDENT'S NAME] has no objections to the use of
the Agreement. [RESPONDENT'S NAME] commits to execute the
Agreement without material legal exceptions and to comply with
the skilled and trained workforce requirements of Public Contract
Code section 2600 et seq."
g. Respondent shall certify that no official or employee of the
District, nor any business entity in which an official of the
District has an interest, has been employed or retained to solicit
or assist in the procuring of the resulting contract(s), nor that
any such person will be employed in the performance of any/all
contract(s) without immediate divulgence of this fact to the
District.
4. TAB 4 - Respondent Information
a. A brief history of the Respondent. Please include any former
names of the Respondent and the number of years the
Respondent has participated in construction as a general
contractor under each name. List any reasons for change or
name or corporate structure.
b. Organizational chart for Respondent. This shall include the
names of all key personnel, joint venture partners, and
sub-consultants with their titles and specific task assignments
for the Project. Resumes of personnel to be involved with the
Project should be included, including their school construction
experience. The District's evaluation will consider the entire
team. Therefore, no changes in the Respondent's composition
will be allowed without prior written approval by the District.
Identify up to three (3) persons who will be primarily responsible
for working with the District and their respective roles and
responsibilities, including the Project Manager and
Superintendent, and state each person's years of California
TK-12 public school construction experience. If Respondent is
selected for an interview, the identified individuals must attend
the interview and any required in-person presentations.
c. Description of Respondent's technical competence, including a
description of in-house resources (e.g. computer capabilities,
software applications, modeling programs, etc.), and
Respondent's ability to draw upon multi-disciplinary staff to
address the services required under the RFQ/P.
d. Provide the volume of construction in dollars for each of the past
three (3) years.
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e. Provide a statement regarding the Respondent's availability and
resources.
f. Provide a statement on financial resources, bonding capacity and
insurance coverage.
g. Provide a claims statement for all resolved or ongoing claims:
Submit a statement indicating any and all suits or claims in
which the Respondent or its personnel instigated a claim and/or
litigation regarding construction projects within the past five (5)
years and indicating any and all claims in which claims and/or
litigation have been pursued against the Respondent or its
personnel. For each listed claim and/or litigation: state the
issues in the claim and/or litigation, the status of the
claim/litigation, the names of the parties involved, and the
outcome, if any.
Respondent's claims statement must include resolved and
ongoing claims. Respondent's claims statement must include
claims history for Respondent and its personnel, as well as
Associated Firms.
"Associated Firms" are businesses, corporations, companies,
partnerships, or other entities associated with Respondent
and/or its personnel (e.g., firm name changes, association as
prior owner, general partner, limited partner, or other officer).
h. Contractor license number and whether license has been
revoked or suspended in the last five (5) years. Respondent
must hold a General Building Contractor License (B License),
which is current, valid and in good standing with the Contractor's
State License Board. Provide the following for each license:
i. Exact name of license holder on file.
ii. License Classification.
iii. License Number.
iv. Date Issued.
v. Expiration Date.
vi. Whether license has been suspended or revoked in the
past five (5) years. If so, explain.
i. Provide signatory status.
j. Location of nearest local office and main office, if different.
k. Certificate(s) of Insurance identifying the firm's current
insurance coverages.
l. Safety Record. Provide Respondent's Experience Modification
Rate (EMR) for each of the last three (3) years, verified by
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