2-1 - RFP 26-260511 - CMAR Austin MS.pdf

Engage, Inspire, Prepare

Paulding County School District 3236 Atlanta Highway Dallas, Georgia 30132

Steve Barnette, Superintendent

Procurement Department

770-443-8000 purchasing@paulding.k12.ga.us

REQUEST FOR PROPOSAL

RFP 26-260511

FOR

Construction Manager-at-Risk Austin MS

Response Submission Deadline: June 10, 2026, 11:00 a.m. EDT

RFP 26-260511 Construction Manager-at-Risk Austin MS

RFP CMAR Revised May 2024 Page | 2

Table of Contents Advertisement and Tentative Timeline

Section 1: Introduction

Section 2: Standard Terms and Conditions

Section 3: Scope of Services and Special Terms and Conditions

Section 4: Evaluation Process

Appendix A – Locations and Addresses

Appendix B – Proposal Pricing Form

Appendix C – Required Forms

Appendix D – CMAR Cost Break-down

Appendix E – School Floor Plan

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Advertisement and Tentative Timeline Paulding County School District desires to retain the services of a professional Construction Manager-at-Risk (CMAR, CM, or Contractor) for the construction, renovations and modifications of instructional, non-instructional and extra-curricular facilities projects at Autin Middle School.

PCSD will only accept online submissions for this RFP. Proposals must be submitted online at https://pauldingk12.bonfirehub.com/portal. Proposals submitted after the deadline will not be accepted. Please note, any proposal submitted in any other format (email, paper, fax, mail, etc.)

will not be accepted for any reason.

Submissions are due no later than June 10, 2026, 11:00 a.m. EDT (as determined by the time stamp clock when submitted online).

Need Help with registering on Bonfire or submitting a response? Please contact Bonfire directly at Support@GoBonfire.com or 1.800.654.8010 x 2 for technical questions or issues related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc

Your interest and participation in the PCSD solicitation process is appreciated.

Tentative Timeline

May 11, 2026, 11:00 a.m. EDT RFP Publish Date May 29, 2026, 11:00 a.m. EDT Deadline for Submitting Questions June 5, 2026, 11:00 a.m. EDT Final Addenda Issued June 10, 2026, 11:00 a.m. EDT Response Submission Deadline June, 2026 Proposal Evaluation TBD Interviews with Finalists TBD, If needed Best and Final Offer Requested July, 2026 Award by the PCSD Board of Education

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Section 1: Introduction This solicitation is a Request for Proposals (RFP) and is a “competitive sealed proposal” process made pursuant to O.C.G.A. § 36-91-21(c). The contract will be awarded to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the Paulding County School District (PCSD), taking into account the factors set forth in this RFP. The Paulding County School District (“PCSD”) seeks to retain the services of a professional Construction Management-at-Risk (“CMAR”) for RFP 26-260511.

The services to be performed by the CM will have as their objective the efficient, economical and timely delivery of the project by managing the construction of the project within the time and cost limitations and within established quality requirements. The services will be performed during the pre-construction phase and construction phase including working with the Owner and the Architect in project planning, arrangement of bid packages, bidding and award of the trade contracts and management of construction until occupancy is achieved.

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Section 2: Standard Terms and Conditions The following Standard Terms and Conditions are common to all PCSD RFP documents.

Taking exception to these terms and conditions or submitting conflicting language may be cause for rejection of contractor’s response.

1.0 PREPARATION OF PROPOSALS

1.1 Contractors are instructed to read all terms, conditions and specifications as set forth in the RFP carefully. Responses must be on the forms furnished within this RFP and completed in their entirety. Proposals must be submitted online at https://pauldingk12.bonfirehub.com/portal.

1.2 RFPs issued by the PCSD are published on the PCSD Purchasing website, https://www.paulding.k12.ga.us/Page/507, the PCSD Bonfire portal, https://pauldingk12.bonfirehub.com/portal, and the Georgia Procurement Registry (GPR), https://ssl.doas.state.ga.us/gpr/.

1.3 Each contractor is responsible for having knowledge and understanding of any Federal laws, Georgia laws, Department of Education regulations or policies, and PCSD policies and/or regulations pertaining to PCSD procurement.

1.4 PCSD assumes no responsibility or obligation to the contractors. PCSD will make no payment for any costs associated with the preparation or submission of a response. This provision applies whether or not a dispute arises.

1.5 The terms Bidder, Vendor, Contractor, CMAR, CM and/or Offeror are synonymous in this document and refer to the person, entity or firm that submits a response to this RFP.

1.6 All responses submitted become the property of the PCSD and are subject to applicable open records policies and laws.

2.0 COMMUNICATIONS WITH PCSD STAFF

2.1 All communications concerning this RFP must be submitted in writing to the PCSD Purchasing Department. Cole Crowder, Procurement Director, will administer the solicitation process and will be the point of contact for purposes of this RFP and may be contacted at purchasing@paulding.k12.ga.us.

2.2 Inquiries received within five (5) business dates of the due date may not be processed and may not receive a response. Note: All inquiries must be submitted in the Q/A section of the Bonfire project listing. No response other than written, distributed by the Procurement Department, will be binding upon PCSD. The Procurement Department, in its discretion, may call upon user departments for

RFP CMAR Revised May 2024 Page | 6 clarification in their area of expertise. Questions concerning this solicitation must be received by May 29, 2026, 11:00 a.m. EDT. Answers will be posted to the solicitation in the PCSD BonFire by June 1, 2026, 11:00 a.m. EDT.

2.3 From the issue date of this RFP until completion of the entire solicitation process and announcement of award notification, all contractor communication must be authorized by the Procurement Department including but not limited to communications with school system employees and/or contracted agents related to this RFP. Violation of this provision may result in rejection of the contractor’s response.

2.4 It is the contractor’s responsibility to check the PCSD BonFire Portal for any addenda, responses to contractor questions, or other communications that may be issued or released during the solicitation period. Following receipt of contractor responses to a solicitation, it is the contractor’s responsibility to be available via email, phone and/or fax during the review process in the event that clarification or additional information is required. If clarification or additional information is requested, the responsibility rests on the contractor to ensure that PCSD receives said information prior to the deadline(s) indicated. In the event clarification or additional information is provided via email or fax, a signed copy of this information should be submitted under the solicitation on the PCSD BonFire Portal no later than the next business day after the information due date. The copy submitted to the BonFire portal will serve as the legal document and must match the fax/email copy.

3.0 SUBMISSION OF PROPOSALS

3.1 Responses are to be delivered no later than the date and time (as determined by the online submission date/time stamp) set forth in this RFP. Proposals must be submitted online at https://pauldingk12.bonfirehub.com/portal.

Notes:

Logging in and/or uploading your file(s) does not mean your response is submitted. Proponents must successfully upload all the file(s) and MUST click the submit button before the closing time.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. This will confirm that you have successfully submitted your proposal.

Each submitted item of Requested Information will only be visible to Paulding County Schools after the Closing Time.

If the file is mandatory, you will not be able to complete your submission until the requirement is met.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

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Please note the type and number of files allowed. The maximum upload file size is 1000 MB. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled.

Need Help? Please contact Bonfire directly at Support@GoBonfire.com or

1.800.654.8010 x 2 for technical questions or issues related to your submission.

You can also visit their help forum at https://bonfirehub.zendesk.com/hc

3.2 Failure to provide an online submission with correct information listed may result in rejection of the proposal. If further information is required to demonstrate responsibility such as providing copies of licenses or permits (other than those previously requested) the vendor will be notified, in writing and given five (5) days from notification to supply such information.

3.3 Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

3.4 Proposals cannot be withdrawn after they have been submitted online unless offeror makes a request in writing prior to the time set for receiving proposals, or unless the PCSD fails to accept or reject the proposals within one hundred and twenty (120) days after the date fixed for receiving said proposals.

3.5 Any proposal received online after the designated time and date will be deemed late and will not be considered by the PCSD.

4.0 SPECIFICATIONS

If there is an error in the description or specifications contained in the RFP, PCSD reserves the right to notify each contractor separately from the RFP of such specification or description change and may require all proposals to be in compliance with such modification. In the case of an error in the specifications or the descriptions, PCSD further reserves the right to cancel the RFP and re-issue.

5.0 PRICES QUOTED

5.1 Pricing must be submitted on Appendix B – Proposal Pricing Form as requested without conditions unless called for in Special Terms & Conditions.

5.2 The PCSD does not pay late payment fees.

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6.0 CONTRACTOR’S EVIDENCE OF RESPONSIBILITY

6.1 The PCSD reserves the right to require a financial statement and/or Dun and Bradstreet rating from any contractor who submits a proposal. The contractor must submit a current financial statement and/or Dun and Bradstreet rating within 48 hours after notification of such requirement.

6.2 The enclosed Contractor Reference Sheet must be completed and returned as indicated in the RFP document.

7.0 DEBARRED, SUSPENDED, AND INELIGIBLE STATUS

Contractor certifies that the contractor and/or any of its subcontractors (if applicable) have not been debarred, suspended, or declared ineligible by an agency of the State of Georgia or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch. 1 Subpart

9.4. Contractor will immediately notify PCSD in writing if contractor is debarred by the State of Georgia or placed on a Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity.

C.F.R. Section 180.300 requires that when the School District enters into a covered transaction with an entity at a lower tier, the School District must verify that the entity is not suspended, debarred or otherwise excluded. “Covered transactions” include those procurement contracts for goods and services awarded under a grant or cooperative agreement that are expected to equal or exceeded $25,000. Furthermore, grantees and sub-grantees must not make any award or permit any award at any tier to any party which is debarred or suspended or is otherwise excluded. By signing this contract, you are affirming that neither you, the Contractor, nor any principal of the Contractor are at the date of your signature suspended, debarred or otherwise excluded.

8.0 NON-COLLUSION

The contractor, by affixing its signature to this solicitation, certifies that that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. The contractor understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

9.0 OBLIGATION TO MAINTAIN CONFIDENTIALITY

9.1 Contractor acknowledges that some material and information which may come into its possession or knowledge in connection with the RFP, or the performance hereof, may consist of confidential and private information of PCSD, its students, or employees, the disclosure of which to or use by third parties may be damaging

RFP CMAR Revised May 2024 Page | 9 or in violation of applicable law. Contractor therefore agrees to hold such material and information in strictest confidence, not to make use thereof other than as is necessary for performance of this contract, and not to release or disclose any information to any other party except as may be required by law.

Contractor hereby expressly agrees to immediately remove any subcontractor or any of Contractor’s employees from performing any work in connection with this contract upon PCSD giving notice to Contractor that PCSD reasonably believes such person has failed to meet the confidentiality obligations or standards of this contract. Any employee or subcontractor so removed shall be replaced as provided under the staffing requirements of this contract.

9.2 Confidential information, includes but is not limited to, educational records, proprietary information, a trade secret, copyrighted material, or documents otherwise not subject to disclosure or use, as defined under O.C.G.A. § 50-18-72, O.C.G.A. § 10-1-760, 34 CFR §99.31, 20 U.S.C. §1232 (g), 45 CFR § 741.6(c)(3), 45 CFR §84.14(d) and 20 U.S.C. §§ 1400-1491. Contractor acknowledges that confidential information includes, but is not limited to, employee data, educational records, information relating to health records, physician and provider notes, medical bills, claims and other written information of a personal nature, which is to be safeguarded to ensure that it is not improperly disclosed.

9.3 Vendor acknowledges and agrees that Vendor's response hereto, the terms of any contract awarded pursuant to this solicitation, and information concerning the goods and/or services provided in connection with any contract awarded pursuant to this solicitation, are generally subject to the requirements of the Georgia Open Records Act, O.C.G.A. §51-18-70 et seq.

9.4 Should vendor contend that it has submitted any records to PCSD which constitute "trade secrets" (as such term is defined in O.C.G.A. § 10-1-761) and desire to exempt such trade secrets from the requirements of the Open Records Act pursuant to O.C.G.A. § 51-18-72(a)(34), vendor shall submit and attach to any such records it contends constitute trade secrets an affidavit affirmatively declaring that specific information in the records constitutes trade secrets. Should vendor attach such an affidavit, PCSD shall notify vendor at least ten (10) days prior to disclosing such information, should PCSD determine that such information does not rise to the level of a "trade secret" (again, as such term is defined in O.C.G.A. § 10-1-761).

Should vendor fail to move for an appropriate court order within such ten (10) day period, or should vendor fail to provide an affidavit as required by O.C.G.A. § 51- 18-72(a)(34), PCSD may disclose such information as it deems appropriate.

10.0 RECORDS

10.1 Retention - The contractor must retain all books, records and documents in accordance with generally accepted accounting principles and procedures and

RFP CMAR Revised May 2024 Page | 10 which sufficiently and properly document and calculate all charges billed to PCSD throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

10.2 Access –The contractor shall permit PCSD or any duly authorized representative from the Department of Education, USDA and/or where federal funds are involved, the Comptroller General of the United States or any other authorized representative of the United States government to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract where such records may be located during normal business hours. Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, PCSD reserves the right to charge Contractor for the cost of the audit and appropriate reimbursement.

11.0 CIVIL RIGHTS

PCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of its employment practices, education programs, services or activities.

To file a complaint of discrimination for a solicitation involving food items, write United States Department of Agriculture (USDA), Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632- 9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

To file a complaint for any other solicitations, contact the Civil Rights Center Director, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-4123, Washington, DC 20210. Phone number: Voice: (202) 693-6502 / TTY: (202) 693-6516 or Fax: (202) 693-6505. Email: CRCExternalComplaints@dol.gov.

12.0 AWARDS

12.1 The PCSD reserves the right to accept or reject any part of a submitted proposal, to accept the entire proposal from one contractor, award to multiple contractors or to reject all proposals submitted or waive any minor irregularity. The PCSD reserves the right to award the proposal under the most beneficial economic terms for the PCSD.

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12.2 This procurement is being conducted as a competitive sealed proposal in accordance with O.C.G.A. § 36-91-20 and § 36-91-21. Proposals will be received and evaluated accordingly.

12.3 In case of tie and subject to compliance with state and federal regulations and guidelines, the award will be made as follows:

12.3.1 The award will be to the in-county contractor.

12.3.2 The award will be to the in-state contractor.

12.3.3 If applicable, award will be to the contractor with goods made in Georgia.

12.3.4 The award will be to the contractor with the lesser total dollar volume.

If these preferences are insufficient for resolution, drawing lots in a public forum will resolve the tie.

12.4 Award will be made to the responsive and responsible contractor(s) based on the evaluation criteria included in this solicitation. Evaluation criteria may include but is not limited to price, availability, lead time, past contractor experience, references, and compliance with the RFP specifications and requirements.

12.5 A determination of competitive range may be made during the evaluation process. Contractors not in the competitive range of being selected for award shall be eliminated from further discussion.

12.6 During the evaluation phase, discussions may be conducted with contractors who submit proposals determined to be reasonably likely to be selected for award.

These discussions are for the purpose of negotiations, clarification, and to assure full understanding of and responsiveness to the solicitation requirements.

Contractors will be accorded fair and equal treatment with respect to an opportunity for discussion and revision of proposals. Procurement may permit revisions, after submission and prior to award, for the purpose of obtaining best and final offers. In all events, PCSD reserves the right to re-solicit the item(s)/services(s) involved.

12.7 Purchases by the PCSD are not subject to Federal Excise Tax or State and Local Sales Tax. Tax Exemption Certificates will be furnished upon request.

13.0 CONTRACT

13.1 The form of agreement shall be AIA Document A133-2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor, as modified by PCSD. CM Pre-Construction Services, General Conditions, and Fee shall be included in the GMP as submitted on Appendix B - Proposal Pricing Form.

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13.2 The PCSD shall have the right to terminate the relationship with the CMAR firm at any time without cause.

13.3 Contractor must be in full compliance with all applicable federal and state security and immigration laws including without limitation the Georgia Security and Immigration Compliance Act. Contractor is required to affirm Contractor’s compliance by completing and returning the Georgia Security and Immigration Compliance Documents with the proposal.

13.4 To qualify for consideration, the submitting firm must be prepared to provide the expertise, resources and personnel experience in project planning, cost management, project control, pre-construction and construction techniques, value-engineering analysis, scheduling and quality assurance throughout the planning and construction phases of the project.

13.5 Entirety of Contract – All PCSD documents issued in conjunction with this solicitation including but not limited to the original solicitation, subsequent addenda, clarification and contractor questions/answers as well as all PCSD accepted documents submitted in response to the RFP, including any attachments and appendices are incorporated into the contract between PCSD and the Contractor and contain the entire agreement between the parties and supersedes all prior oral and written agreements and understandings between the parties with respect to the subject matter hereof. PCSD’s award letter is expressly incorporated into the contract between the contractor and PCSD. If any language of the response submitted by the Contractor conflicts with language of the RFP, the language of the RFP shall govern and control for all purposes, unless consented to and agreed to by PCSD in writing.

13.6 Time is of the essence in this Contract.

13.7 Governing Law, Forum Selection and Attorneys’ Fees - This contract, including each provision hereof, shall be construed in accordance with, and governed in all respects by, the laws of the State of Georgia, without regard to its conflicts of laws, rules or principals. Under no circumstances shall any provision of this contract be governed by the Uniform Computer Information Transactions Act (UCITA) as such law may be enacted in any state. All actions arising out of the terms of this contract, the transactions contemplated hereby or the performance hereunder shall be brought in the Superior Court of Paulding County, Georgia with respect to any state law claims and in the United States District Court for the Northern District of Georgia with respect to any federal claims, and each party to this contract hereby irrevocably and expressly consents to the exclusive jurisdiction of such courts and to the laying of venue in such courts. Supplier agrees to pay all reasonable costs and expenses incurred by PCSD in connection with any investigation, litigation or other proceeding arising out of this contract in

RFP CMAR Revised May 2024 Page | 13 the event that PCSD is a prevailing party in such action. PCSD shall be considered a prevailing party if: (i) any lawsuit filed against it results in a dismissal, judgment, jury verdict or appellate decision in its favor, or (ii) it substantially prevails on any claims brought by it against Supplier.

13.8 PCSD shall have the authority to suspend or terminate performance of the project.

13.9 This contract may be amended in writing from time to time by mutual written consent of the parties.

14.0 SURVIVAL OF REPRESENTATIONS

The provisions, representations and warranties contained in this contract shall survive the delivery of all components procured hereunder and the payment of fees therefore and any termination of this contract in accordance with their respective terms and conditions.

15.0 RELATIONSHIP OF PARTIES

This contract is not intended by the parties to constitute or create a joint venture, pooling arrangement, partnership or formal business organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth herein. The Contractor shall be deemed an independent contractor, and the employees and agents of the Contractor shall not be deemed to be the employees or agents of PCSD. PCSD is not responsible for the payment of any taxes, insurance or benefits on behalf of the firm’s employees.

16.0 SEVERABILITY

Any section, subsection, paragraph, term, condition, provision or other part of this contract which is held, found or declared to be voidable, void, invalid, illegal or otherwise not fully enforceable shall not void any other section, subsection, paragraph, term, condition, provision or part of this contract, and the remainder of this contract shall continue to be of full force and effect. Any agreement of the parties to amend, modify, eliminate or otherwise change any section, subsection, paragraph, term, condition, provision or other term of this Contract shall not affect any other section, subsection, paragraph, term, condition, provision or part of the contract, and the remainder of this contract shall continue to be of full force and effect.

17.0 PUBLICITY

Contractor shall not prepare or disseminate any publicity relating to this contract, products sold or licensed, or the services performed under this contract without express

RFP CMAR Revised May 2024 Page | 14 written prior consent of PCSD. As used in this section, the term “publicity” includes but is not limited to advertisements, flyers, public announcements, pamphlets, press releases, reports, books, broadcasts, signs and similar public information.

18.0 CONTRACTOR EMPLOYEES ON PCSD PROPERTY

18.1 All Contractor employees, agents and subcontractors working on PCSD property must wear ID, preferably a photo ID, and be neat and clean in appearance, and must comply with all of the policies and procedures related to on-campus work that are in effect at the school or administrative site, as the case may be.

Contractor shall provide and institute necessary security measures to prevent unauthorized access to any and all computer networks and proprietary information, trade secrets or student information of PCSD by any of its employees or agents, and Contractor shall be liable and responsible to PCSD for any and all security breaches by its employees or agents. All Contractor employees should conduct themselves in a professional manner and should not give the appearance of fraternizing with the students and teachers.

18.2 PCSD is a Drug Free Workplace – By submission of a response to the RFP, the contractor certifies that employees, agents, and subcontractors will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or drugs on the PCSD property during the performance of the contract.

18.3 PCSD is a Smoke Free Workplace – By submission of a response to the RFP, contractor certifies that employees, agents, and subcontractors will not use tobacco products on school property at any time during the performance of the contract.

18.4 PCSD reserves the right to request the removal of any contractor employees, agents, or subcontractors from PCSD property.

19.0 AMENDMENTS IN WRITING

No amendment of any term or condition contained in this contract, including the RFP and Contractor’s Response shall be effective unless it is in writing and signed by duly authorized representatives of the parties. No representation, request, instruction, directive or order, made or given by any official, employee or agent of PCSD, whether verbal or written, shall be effective to amend this agreement or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth above. Contractor shall not be entitled to rely on any such representation, request, instruction, directive or order and shall not, under any circumstances whatsoever, be entitled to additional compensation, delay in performance or other benefit claimed for relying upon or responding to any such representation, request, RFP CMAR Revised May 2024 Page | 15 instruction, directive or order.

20.0 BACKGROUND CHECKS

20.1 PCSD requires contractor to perform background checks on any employee or subcontractor who will be working on PCSD property (delivery personnel excluded). A comprehensive criminal history background check to include both Georgia Crime Information Center (GCIC) and National Crime Information Center (NCIC) is required on each applicant assigned to PCSD. Minimum findings that warrant exclusion include:

Any felony conviction Any misdemeanor drug offense within the past seven (7) years Any crime against children Any sex-related conviction Regardless of ultimate disposition, total number of arrests exceeds four (4).

Regardless of ultimate disposition, more than two (2) arrests for crimes of similar nature (e.g., assault, shop lifting, DUI).

Pending Charges – Any applicant out on bond and awaiting disposition for any offense.

Failure to disclose any and ALL criminal history (regardless of how long ago) on application

20.2 Background checks must be provided to the PCSD Human Resources Department upon request by the PCSD. Contractor agrees to comply with any request from the PCSD to remove any contractor employee from PCSD property. Contractor agrees to cooperate with the PCSD to the fullest extent practicable in any investigation of any actual or alleged misconduct of any contractor employee in connection with any activity arising out of this Agreement. Please note: It is required that all necessary checks be completed prior to employee beginning work.

20.3 Once employed by contractor, employee has the obligation to self-report any arrest to contractor within twenty-four (24) hours. The contractor should contact the Paulding County School District, Human Resources within twenty-four (24) hours of report.

21.0 POTENTIAL SMALL BUSINESSES, MINORITY AND WOMEN’S BUSINESS ENTERPRISES

It is the intent of the PCSD to provide maximum practicable opportunities in its solicitations to small businesses, minority firms, women’s enterprises and labor surplus area firms.

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22.0 COMPLIANCE WITH FEDERAL LAWS

All contractors must comply with all applicable federal laws including without limitation:

22.1 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000.)

22.2 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000.)

22.3 Buy American Policy - The Federal “Buy American” Policy mandates that school districts participating in the National School Lunch Program purchase only food products that are produced in the United States, whenever possible. Additionally, suppliers must be able to provide documentation verifying domestic origin of products as defined in 7 C.F.R. § 210.21(d), if requested.

23.0 SPECIAL TERMS AND CONDITIONS

Should these PCSD Standard Terms and Conditions be in conflict with the attached Special Terms and Conditions, the Special Terms and Conditions will control.

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Section 3: Scope of Services and Special Terms and Conditions The Special Terms and Conditions are customized specifically to this solicitation. Taking exception to these terms and conditions or submitting conflicting language may be cause for rejection of contractor’s response.

1.0 PROJECT

1.1 The Paulding County School District desires to retain the services of a professional Construction Manager-at-Risk (CMAR, CM or Contractor) for the construction, renovations and modifications of instructional, non-instructional and extra-curricular facilities projects described below:

1.1.1 Austin Middle School Renovations and Modifications.

The state of Georgia requires school districts to develop a five-year facility plan. The PCSD's five-year facility plan was developed and approved by the Board of Education in April 11 of 2023. Our current five-year facility plan runs July 1, 2023 through June 30, 2027. The following hyperlink has been provided for your reference in reviewing the projects listed above:

Five-Year Facility Plan

1.2 Project Overview

Austin Middle School is located at 3490 Ridge Road, Douglasville, GA 30134. The school serves students from 6th through 8th grade and consists of a single-story building of approximately 129,000 SF. Originally built in 2005, the aim of this project is to renovate aging building components and materials described later in this document.

PCSD anticipates award by July 2026. After hours and weekend work may commence after GMP approval anticipated to be January 2027. No work may be performed when building is occupied by students. CM to utilize school breaks to complete majority of work.

Certificate of occupancy, or Temporary Certificate of Occupancy if allowable by AHJ (Authority Having Jurisdiction), to be granted no later than July 16, 2027.

You are invited to learn more about our district by visiting our website at https://www.paulding.k12.ga.us.

Approximate Renovation/Modification Scope Items Include the following:

A. HVAC - replacement and/or upgrades

i. Replace wall hung units

ii. Replace RTUs

iii. Remove or replace unit heaters

iv. Replace exhaust fans

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v. Replace exposed duct with internally lined paint grip duct

vi. Add conditioning to hallways

vii. Egg crate returns in ceiling for warmth in attic in winter

B. Electrical

i. Lighting – replace all with LED; add dimming capabilities in key areas

ii. Replace generator or reconfigure existing generator, if large enough, to include critical areas

C. Flooring

i. Replace carpet

ii. Replace resinous flooring

iii. Replace VCT with LVT

iv. Re-seal existing wood floor

D. Roof

i. Repair metal as needed

ii. Replace flat roof

iii. Replace gutters and downspouts

E. Wall Coverings

i. Paint all walls, doors, frames

F. Plumbing Upgrades

i. Replace lavatory faucets

ii. Replace flush valves

iii. Replace water fountains (with bottle fill)

G. Life Safety/Low Voltage – lock all in one MDF room

i. Intercom

ii. Fire Alarm

iii. Security

iv. Fiber/Cat6 (IT)

H. Ceilings – replace all ACT throughout

i. ACT

ii. Moisture resistant ACT

iii. Stainless steel lay-in tiles

1.3 CM Scope and Style of Services to be Performed

PCSD has a selected an Architect for the project to provide A/E services. The CMAR will collaborate and work in unison with the A/E throughout both the preconstruction and construction phase of the project. It is anticipated that the A/E will start the design process so that by the time a CMAR is selected, schematic design documents (SD) will be available for use. The CMAR shall collaborate and work with the selected A/E firm and the

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Owner to complete the design process through Design Development which will result in a Guaranteed Maximum Price (GMP) Proposal for the cost of the construction to include a Guaranteed Delivery Date (GDD). In issuing the RFP, it is the intent that the successful CM will provide the required services below for a fixed fee to be mutually agreed upon by the parties. The CM will accept the following stipulations:

1. Confirm the construction of the project in accordance with the RFP documents.

2. Provide all construction management services necessary to implement the goals of the

Project.

3. Provide Performance and Material and Labor Payment Bonds in the amount of 100% of the GMP.

4. Individual Trade Contracts will be between the CM and the Trade Contractors, subject to PCSD approval.

5. The CM shall also be required to obtain at least 2 bids for each bid Package (work category). If any bid package(s) receive less than 2 qualified bids, the Owner reserves the right to require rebidding these packages.

6. The CM will coordinate Bid Opening with Owner and Architect so representatives or designees from both organizations can be present. Bid opening(s) shall be held in person at PCSD Facilities Office at date and time approved by PCSD.

7. The CM will not perform any portion of the project with its own forces except as may be mutually agreed to by the owner and the CM.

8. The CM will be “at risk” in the proposed undertaking and will be responsible for completing the project within the GMP.

9. Should the final cost of the project be less than the GMP, ALL savings shall revert to

PCSD.

10. Five percent of pay applications will be held in retention.

11. PCSD shall have the authority to suspend or terminate performance of the project.

12. The CM will share with PCSD the calculations and assumptions on which the CM’s proposed GMP is based. For the purpose of clarity in GMP calculations, the following steps shall be required, and deviations to these calculations shall not be accepted:

a. Pre-construction + GC’s + Cost of Work (Subcontracts) + Owner Allowances =

Subtotal

b. Subtotal + CM’s Contingency* + Owner’s Contingency** = Total

c. Total + Fee*** = GMP *CM’s Contingency shall be determined by CM and approved by PCSD. CM Contingency shall be used to cover any unforeseen existing conditions, buy-out discrepancies/coordination issues, and all other items which make the CM “at risk”.

**Owner’s Contingency shall be calculated as Subtotal multiplied by % Contingency Requested by PCSD. All Owner’s Contingency funds shall be allocated only with prior written approval by PCSD Project Manager and are used solely at the discretion of

PCSD.

***Fee shall be calculated as Total multiplied by % Fee submitted on Appendix B.

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13. Milestone definitions for liquid damages per Section 6: Liquidated Damages, below, and final release of payment shall be as follows:

a. Certificate of Occupancy or Temporary CO: July 16, 2027

b. Substantial Completion: September 24, 2027

1. Substantial Completion shall be defined as completion of all major scope items, such as HVAC, roofing, electrical systems, etc. and shall include all testing of such scope items as required by Contract Documents.

c. Final Completion: November 30, 2027

1. Final Completion shall be defined as completion of all original scope items per

Contract Documents; all approved changes to scope; all architect, engineer, and owner punch lists; approval and execution of final change order; and receipt of all close-out documents, including all test reports and warranties as required by Contract Documents

a. Exception to Final Completion Date shall be allowed only when delay of completion is included by CM and approved by PCSD at the time a change of scope is approved.

2. Retention shall not be released until Final Completion is approved.

a. Partial release of retention shall only be considered by PCSD in the event approved changes to the scope result in delay as indicated in 13.c.1.a above. Partial release of retention is granted solely at the discretion of the PCSD on a case-by-case basis.

In addition, the CM is expected to complete the representative services as outlined below:

Project Planning:

1. Review ideas and suggestions offered by the Owner with regard to cost, feasibility or constructability and timetable.

2. Evaluate designs with respect to constructability and cost issues.

3. Present value-engineering opportunities.

Bidding and Awarding Phase:

1. Create bid packages.

2. Develop requirements to assure time, cost, and quality control during construction.

3. Provide a provisional construction schedule for issuance with the bid package.

4. Identify bidders and generate bidder interest.

5. Schedule and conduct pre-bid conferences, as necessary, in conjunction with the

Architect and Owner’s representative(s).

6. Advertise and distribute bidding documents.

7. Monitor bidder activity.

8. Review and analyze bids and recommend awards.

9. Update schedule.

Construction Phase:

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1. Maintain on-site staff for each project listed in the RFP for construction management.

2. Establish and maintain coordinating procedures.

3. Develop and maintain a detailed schedule including delivery, approvals, inspection, testing, construction, and occupancy.

4. Provide monthly project updates.

5. Conduct and record job meetings.

6. Prepare and submit change order documentation for approval of the Architect and

PCSD.

7. Maintain a system for review and approval of shop drawings.

8. Maintain records and submit routine reports to Architect and PCSD.

9. Maintain quality control and ensure conformity to contract documents.

10. Provide cost control through progress payment review and verification according to the approved schedule and contract amounts.

11. Coordination of post completion activities, including the assembly of guarantees, manuals, project closeout documents as required by PCSD, and the owner’s final acceptance.

2.0 REQUIRED BONDS AND INSURANCE

Prior to the award of the GMP contract, the CM shall provide the school system with payment and performance bonds for the faithful performance of its contractual duties in an amount equal to one hundred percent (100%) of the GMP. The cost for bonding must be included in General Conditions, Appendix B – Proposal Pricing Form. Major subcontractors (i.e. subcontracts of $150,000.00 or greater) may be required to provide performance and payment bonds as well.

PCSD shall require copy of bond and invoice for bond amount for all subcontractor bonds included in GMP. PCSD does not accept blanket subcontractor insurance/bonds which are applied to total cost of work unless required by CM’s surety. If CM’s surety requires such policies, evidence of requirement by CM’s surety shall be required at time of RFP submission along with anticipated rate of such policy.

To adequately protect the interests of the School System, the successful firm shall procure, and maintain in effect during the life of the agreement, the following insurance coverages:

1. Workers Compensation:

a. State: Statutory

b. Employers Liability:

$1,000,000.00 Each Accident

$1,000,000.00 Disease Policy Limit

$1,000,000.00 Disease Each Employee

2. Comprehensive General Liability (including Premises-Operations; Independent Contractors

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Protective; Products and Completed Operations; Broad Form Property Damage; X-C/U Explosion, Collapse and Underground Coverage):

a. General Aggregate: $2,000,000.00

b. Products/Completed & Operations Aggregate: $2,000,000.00

c. Each Occurrence: $1,000,000.00

d. Personal & Advertising Injury: $1,000,000.00

e. Fire Damage - Any One Fire: $100,000.00

3. Comprehensive Automobile Liability:

a. Combined Single Limits: $2,000,000.00

4. Environmental Impairment (Pollution) Liability:

a. Projects not involving Hazardous Materials:

i. General Aggregate: $5,000,000

ii. Each Occurrence: $2,000,000 including cleanup costs

b. Projects involving Hazardous Materials:

i. Liability as stated in 4.a. above and Hazardous Materials transporter service must also have

1. MCS-90 endorsement

2. Sudden & Accidental Pollution Endorsement with limits of liability as stated above in 4.a.

*A higher limit on the MCS-90 endorsement required by law must be matched by the Sudden & Accidental Pollution Insurance.

5. Umbrella Excess Liability:

a. General Aggregate: $5,000,000.00

b. Products/Completed & Operations Aggregate: $1,000,000.00

c. Each Occurrence: $1,000,000.00

d. Personal & Advertising Injury: $1,000,000.00

e. Completed Value/Builders Risk including interests of the Owner, Contractor, Subcontractors and Sub-subcontractors and covering the entire project including materials stored off site and materials in transit.

Evidence of required bonds and insurance shall be presented prior to the execution of the GMP contract. Insurance policies to be carried under the agreement shall not be changed, canceled, or allowed to expire without thirty (30) working days prior written notification to the School System.

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3.0 TAXES, FEES, CODE COMPLIANCE AND LICENSING

The CM shall be responsible for the payment of any required taxes or fees associated with the GMP contract. The CM shall also be responsible for compliance with all applicable codes and statutes. All installation and construction work shall be done by sub-contractors licensed in the State of Georgia.

4.0 PAYMENT

CM shall submit monthly payment applications to Architectural Firm, who will advance the process. Forms AIA G702 and AIA G703 Continuation Sheets will be used in addition to Georgia State Department of Education DE Form 0263, Revised June 2010.

5.0 REFERENCES AND PROPRIETARY INFORMATION

Submission of a response authorizes the School System to make inquiries concerning the offeror and its officers to any persons or forms deemed appropriate by the School System.

6.0 LIQUIDATED DAMAGES

6.1 Failure to Perform Work - Contractor shall be liable to PCSD for all costs or damages, which PCSD incurs as a result of contractor’s failure to perform the work, or any part thereof in accordance with the contract documents. Contractor’s failure to perform shall include, but not be limited to, the failure of its subcontractors and/or suppliers of any tier to perform. Contractor’s liability to PCSD shall include, but not be limited to,

(1) the increased costs of performance, including that of the architect and other consultants resulting from contractor’s failure to comply with the contract documents;

(2) costs of corrective or warranty work; (3) liability to third parties; (4) re-procurement costs; (5) liquidated damages as set forth below for failure to achieve substantial completion within the contract time; and (6) attorney’s fees and related costs, including those incurred in enforcing PCSD’s rights under the contract documents.

6.2 Time limits stated in the contract documents are of the essence of the contract, and any delay in the performance of the work may inconvenience the PCSD, its employees, students and parents, the public and other stakeholders, and interfere with and disrupt school operations. For this reason, it is important that the work be pressed vigorously to completion. Should the contractor fail to achieve substantial completion of the work within the time stipulated in the contract documents or within such extra time that may be allowed, liquidated damages shall be assessed against any money due or that may become due to the contractor in accordance with the following schedule:

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Schedule of Liquidated Damages for Each Day of Overrun in Contract Time Original Contract Amount Liquidated Damages Per

Diem From More Than To and Including

$0 $100,000 $100 $100,000 $500,000 $250 $500,000 $1,000,000 $500

$1,000,000 $5,000,000 $1,000 $5,000,000 $10,000,000 $2,000

$10,000,000 - $3,000

These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the PCSD and the contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages which are incurred by the PCSD, its employees, students and parents, the public and other stakeholders, as a result of contractor’s failure to achieve substantial completion of the work on time. The PCSD may, but shall not be obligated to, waive such portions of the liquidated damages as may accrue after the work is in a condition for safe and convenient use by PCSD and its students for the purposes intended. For the avoidance of doubt, PCSD’s exercise of its rights to partially occupy or use the work prior to substantial completion shall not relieve contractor of its obligations.

6.3 Should the work involve separate and distinct phases as set forth in the specifications and/or supplementary conditions and establish completion dates for such phases, contractor additionally acknowledges and agrees that the time limits stated therein are of the essence of the contract and that liquidated damages may apply in the event contractor fails to complete the phases of the work, all as set forth more particularly in the specifications and/or supplementary conditions. Liquidated damages for failure to complete one (1) or more phases of the work by the agreed-upon date are in addition to, and are not in lieu of, any liquidated or other damages which may be due under this section due to Contractor’s separate failure to achieve substantial completion of the entirety of the work within the contract time.

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Section 4: Evaluation Process PCSD desires to select the contractor whose proposal is determined to be the most advantageous considering the technical and price evaluation criteria listed below.