GCSS RFP New Primary rev 11-03

TO ALL CONTRACTORS

NOVEMBER, 2021

Greene County School System (GCSS) invites proposals from General Contractors for Construction Management At-Risk for Request for Proposal (RFP) P100, Construction Manager At-Risk for Greene County Primary School, as described in this document.

Contractors are instructed to read carefully all terms, conditions, specifications and requirements in this Request for Proposal (RFP). Contractors are required to complete all returned forms in their entirety.

All proposals accepted must be submitted in a sealed envelope marked with your company name and and RFP P100, Construction Manager at Risk for Greene County Primary School. Please deliver your proposal to Greene County School System, 101 East Third Street, Greensboro, Georgia 30642, Attention: Dean Ware, Chief Financial Officer.

A Pre-Proposal Conference will be held on Thursday, November 11, 2021 at 2:00 PM Eastern Time at 101 East Third Street, Greensboro, Georgia 30642. Attendance at the pre-proposal conference is mandatory.

Information regarding a possible mandatory site visit will be provided during this meeting and may be scheduled on the same day of the pre-proposal conference. Only interested contractors/sub-contractors will be allowed to attend either meeting.

The proposal acceptance will close on Tuesday, December 7, 2021 at 3:00 PM Eastern Time. Please allow ample time for delivery. Proposals submitted after the due date/time will not be accepted, however, proposals can be submitted prior to the due date/time.

GCSS reserves the right to accept or reject any or all proposals and to waive any formalities.

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

Sincerely, Dean Ware Chief Financial Officer

BOARD OF EDUCATION Michael Lynch, Chairman Steve Kilgore * Joe Bashore * Clarence Hunt * Dr. Perry Lee

SUPERINTENDENT Dr. Chris Houston

GREENE COUNTY SCHOOL SYSTEM

START HERE AND GO FAR.

101 East Third Street Greensboro, GA 30642 706.453.7688 tiger.news@greene.k12.ga.us

Request for Proposal P100, CM At Risk for Greene County Primary School

GREENSBORO, GEORGIA

TABLE OF CONTENTS

Section Page #(s)

GCSS Standard Terms and Conditions 3-13

Conflict of Interest 14

Special Terms and Conditions 15-23

References 23

Non-Collusion Affidavit 24

Georgia Security and Immigration Compliance Act Documents 25-29

Acknowledgement and Agreement 30

Cost Proposal Form 31

“No Response” Reply Form 32

Checklist 33

AIA Document A201 – 2017, General Conditions of the Contract for Construction Attachment A

AIA Document A133 - 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor, Includes Exhibit A Attachment B

Project Cost Matrix Attachment C

Contractor Disqualification Affidavit Attachment D

Preliminary Site Plan Attachment E

GCSS STANDARD TERMS AND CONDITIONS

The following Standard Terms and Conditions are common to all GCSS 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 Responses must be on the forms furnished within this RFP and completed in their entirety.

Proposals must be submitted in a sealed envelope with your company name and “RFP P100, Construction Manager at Risk for Greene County Primary School” clearly marked on the outside of the envelope. Additionally, GCSS requests that all responses be submitted in electronic form via flash/thumb drive. PDF format is acceptable unless otherwise stated in the Special Terms and Conditions.

1.2 Contractors are instructed to read all terms, conditions and specifications as set forth in the

RFP carefully. Responses must be either typed or written in ink. Any correction made within the RFP submission (white out or strike through) must be initialed by an authorized representative of the company submitting the proposal or the proposal may be rejected by

GCSS.

1.3 Invitations for Bid and Requests for Proposal issued by the GCSS are on the GCSS website www.greene.k12.ga.us/domain/399. It is the vendor’s responsibility to review the GCSS website frequently for a listing of open solicitations. To view on the Internet, go to www.greene.k12.ga.us/domain/399.

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

1.5 GCSS assumes no responsibility or obligation to the contractors. GCSS 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.

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

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

2.0 COMMUNICATIONS WITH GCSS STAFF

2.1 All communications concerning this RFP must be submitted in writing to the GCSS, Ralph

Boswell, GCSS Construction Manager or to James Wilson, CEO Education Planners. Email is the preferred method of communication to ralph.boswell@greene.k12.ga.us or James about:blank about:blank

Wilson jwilson@edplanners.org . Only written questions submitted via email will be accepted. No response other than written, distributed by the GCSS, will be binding upon GCSS. Questions concerning this solicitation must be received by 3:00 PM on November 11, 2021. Answers will be posted to the GCSS Current Solicitations website by November 23, 2021.

2.2 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 Ralph Boswell, GCSS Construction Manager ralph.boswell@greene.k12.ga.us or James Wilson, CEO Education Planners jwilson@edplanners.org 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.

2.3 It is the contractor’s responsibility to check the GCSS Current Solicitations website 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 GCSS receives said information prior to the deadline(s) indicated.

3.0 SUBMISSION OF PROPOSALS

3.1 Responses are to be delivered no later than the date and time (determined by the date/time stamp of the GCSS ) set forth in this RFP. Contractors are advised to consider that hand delivery assures timely receipt. Proposals and supporting documentation must be submitted to:

Greene County School System RFP P100 Construction Manager at Risk for Greene County Primary School Attn: Dean Ware. CFO 101 East Third Street Greensboro, Georgia 30642

The Cost Proposal Form (Page 31) must be submitted separately from the rest of your response. One original of the cost section of the proposal must be submitted in a sealed envelope labeled:

RFP P100 Construction Manager at Risk for Greene County Primary School Contractor Name Cost Proposal

One original along with three (3) copies of the of the non-cost sections of your proposal response (including supporting documentation) must be submitted in sealed packaging and labeled:

mailto:jwilson@edplanners.org mailto:jwilson@edplanners.org

RFP P100, Construction Manager at Risk for Greene County Primary School Contractor Name

Non-Cost Proposal

Both the cost and non-cost responses must be submitted by the due date stated in this solicitation.

3.2 In addition to the paper submission, GCSS requests that all responses be submitted in electronic format via flash/thumb drive. PDF format is acceptable unless otherwise stated in the Special Terms and Conditions.

3.2.1 Non cost Proposal, saved as: Proposal, Company Name

3.2.2 Cost, saved as: Cost, Company Name

3.2.3 Required documents, saved as: Required documents, Company Name

Any proposal received after the designated time will be deemed late and will not be considered by the GCSS. If proposals or emailed, an original hard copy of your response must be received by Dean Ware, CFO no later than the next business day after the proposal due date. The hard copy will serve as the legal document; it must match the email copy.

Use of emailed responses is at the sole risk of the vendor, and GCSS is not responsible for the failure of any computer hardware, software, telephone, facsimile or other communications systems or devices.

4.0 SPECIFICATIONS

4.1 If there is an error in the description or specifications contained in the RFP, GCSS 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, GCSS further reserves the right to cancel the RFP and re-issue.

5.0 PRICES QUOTED

5.1 Pricing must be submitted on the Cost Proposal Form(s) as requested without conditions unless called for in Special Terms & Conditions.

5.2 The GCSS does not pay late payment fees.

6.0 CONTRACTOR’S EVIDENCE OF RESPONSIBILITY

6.1 The GCSS 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 GCSS 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 GCSS, its students, or employees, the disclosure of which to or use by third parties may be damaging 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 GCSS giving notice to Contractor that GCSS 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 is educational records, proprietary information, a trade secret, copyrighted material, or documents otherwise not subject to disclosure 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 GCSS 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, GCSS shall notify vendor at least ten

(10) days prior to disclosing such information, should GCSS 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. § 5118-72(a)(34), GCSS 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 which sufficiently and properly document and calculate all charges billed to GCSS 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 GCSS or any duly authorized representative from the Department of Education, USDA and/or where federal funds are involved, the Comptroller General of the United Sates 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, GCSS reserves the right to charge Contractor for the cost of the audit and appropriate reimbursement.

11.0 CIVIL RIGHTS

11.1 GCSS 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.

11.2 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.

11.3 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) 6936516 or Fax: (202) 693-6505. Email:

CRCExternalComplaints@dol.gov.

12.0 AWARDS

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

12.2 This procurement is being conducted as a competitive sealed proposal in accordance with

State of Georgia Code Sections 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 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 and 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. Dean Ware, GCSS CFO may permit revisions, after submission and prior to award, for the purpose of obtaining best and final offers. In all events, GCSS reserves the right to re-solicit the item(s)/services(s) involved.

12.7 Purchases by the GCSS are not subject to Federal Excise Tax or State and Local Sales Tax. Tax

Exemption Certificates will be furnished upon request.

12.8 Awards will be posted on the GCSS website. Go to www.greene.k12.ga.us/domain/399.

13.0 CONTRACT

13.1 The Acknowledgement and Agreement form must be completed and returned with the proposal.

13.2 AIA A201-2007, General Conditions of the Contract for Construction, as modified and included as Attachment A, shall serve as the general conditions for the performance of the work.

13.3 The contractor selected for award must execute the AIA A133 – 2009, Standard Form of

Agreement Between Owner and Construction Manager as Contractor as modified and included as Attachment B.

13.4 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.

13.5 Entirety of Contract – All GCSS 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 GCSS accepted documents submitted in response to the RFP, including any attachments and appendices are incorporated into the contract between GCSS 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. GCSS’s award letter is expressly incorporated into the contract between the contractor and GCSS. 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 GCSS 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 Greene 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. Contractor agrees to pay all reasonable costs and expenses incurred by GCSS in connection with any investigation, litigation or other proceeding arising out of this contract in the event that GCSS is a prevailing party in such action. GCSS 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 Contractor.

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 GCSS. GCSS 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 written prior consent of GCSS. 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 GCSS PROPERTY

18.1 All Contractor employees, agents and subcontractors working on GCSS 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 GCSS by any of its employees or agents, and Contractor shall be liable and responsible to GCSS 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 GCSS 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 GCSS property during the performance of the contract.

18.3 GCSS 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 GCSS reserves the right to request the removal of any contractor employees, agents, or subcontractors from GCSS 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 GCSS, 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, instruction, directive or order.

20.0 BACKGROUND CHECKS

20.1 GCSS requires vendor, at vendor’s cost, to perform background checks on any employee or subcontractor who will be working on GCSS 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 GCSS. Minimum findings that warrant exclusion include:

20.1.1 Any felony conviction

20.1.2 Any misdemeanor drug offense within the past seven (7) years

20.1.3 Any crime against children

20.1.4 Any sex-related conviction

20.1.5 Regardless of ultimate disposition, total number of arrests exceeds four (4).

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

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

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

20.2 Once employed by vendor, employee has the obligation to self-report any arrest to vendor within twenty-four (24) hours. The vendor should contact Greene County School System, Dean Ware, CFO within twenty-four (24) hours of report.

20.3 Background checks must be provided to the GCSS Human Resources Department upon request by the GCSS. Please note: it is required that all necessary checks be completed prior to employee beginning work.

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

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

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, contractors 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 GCSS Standard Terms and Conditions be in conflict with the attached Special Terms and Conditions, the Special Terms and Conditions will control.

CONFLICT OF INTEREST

ALL PROSPECTIVE CONTRACTORS PLEASE READ CAREFULLY

Please refer to Board Policy Manual located on the Greene County School System website at simbli.eboardsolutions.com/Policy/PolicyListing.aspx?S=4078 under Administration, Board of Education, Policies Listing.

Any conflict with Board policy and/or administrative rules must be disclosed at the time of proposal submission.

BOARD MEMBERS

Michael Lynch, Chairman

Steve Kilgore

Joe Bashore

Clarence Hunt

Dr. Perry Lee

EXECUTIVE CABINET

Dr. Chris Houston, Superintendent

Dean Ware, Chief Financial Officer

Dr. Rotonya Rhodes, Assistant Superintendent

Dr. Russell Brock, Executive Director Human Resources

Keith Ellenberg, Director of Technology

Dr. Tom McClendon, School Improvement

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 Development for the construction of a new 2-level, 47 instructional unit primary school.

1.2 The Preconstruction Services Phase Fee will be contracted at a lump sum amount.

Preconstruction Services will be negotiated. Preconstruction services will be provided to help GCSS meet established program, budget, and quality levels. The preconstruction work will include cost estimating, scheduling, construction document review and other services typically required for preconstruction services. At this time, it is anticipated that preconstruction services will begin March 9, 2022 and go through August 11, 2022.

1.3 The Construction Phase Fee will be a percentage of Construction Cost as described in Articles 5 and 6 of the A133-2009 (Attachment B). General Conditions will be negotiated and included as a part of the Guaranteed Maximum Price (s) (GMP) to the Construction Contract.

Construction services will include all elements related to site and building for Greene County Primary School, Meadow Crest Road, Greensboro, Georgia. The facility will be approximately 110,000 square feet in new gross floor area. Work will include, but is not limited to, sitework, concrete flatwork and foundations, structural steel, exterior and interior masonry, roofing, doors, windows, hardware, finishes, specialties, cooler/freezer, plumbing, HVAC, fire protection and electrical systems.

1.4 Work will include, but is not limited to the following:

1.4.1 Site

1.4.1.1 Site development of 9-10 acres including parking for 200+ cars, separate drop-off and pick-up areas for cars and buses, playgrounds, a multi-use playfield (approx. 200’ x 300’), and storm water management.

1.4.2 New Construction:

1.4.2.1 Construction of a new 110,000 SF +/- steel frame and masonry and metal stud primary school on two (2) levels; designed in accordance with GCSS design guidelines. Facility to initially include 47 instructional units that can be expanded to 61 instructional units in the future, learning commons, exploratory labs, cafeteria and full-service kitchen.

1.5 The awarded CM will prepare bid package(s) for the entire work as described in the attached A133-2009. Competitive bids will be received at a public opening by the Construction Manager, for each construction package at a location chosen by the GCSS. The GCSS total construction budget for the project is $22,000,000.

2.0 PROJECT TIMELINE

2.1 RFP – The Calendar of Events is tentative and subject to change

Event Date

RFP Issued November 3, 2021

Mandatory Pre-Proposal Conference November 11, 2021

Deadline for Contractors to Submit Questions to GCSS November 18, 2021

Final Addenda Issued November 30, 2021

Proposal Due to GCSS (original & 3 copies) December 7, 2021

Proposed Evaluations December 2021

Award February 15, 2022

CM to Begin Preconstruction Services March 9, 2022

2.2 Building Package

Event Date

90% Building Construction Documents to CMR July 11, 2022

CMR Submits Building Package GMP August 11, 2022

Board Approval of CM Building Package GMP August 19, 2022

CMR Starts Building Construction August 22, 2022

Substantial Completion July 21, 2023

3.0 CONTRACT DOCUMENTS

3.1 The architectural firm retained by the Greene County school system for this project is Gardner, Spencer, Smith, Tench & Jarbeau. The architectural and engineering contract documents for the Project are underway and in design development phase.

4.0 LIQUIDATED DAMAGES

4.1 Failure to Perform Work - Contractor shall be liable to GCSS for all costs or damages, which GCSS 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 GCSS 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 GCSS’s rights under the contract documents.

4.2 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 GCSS, 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:

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 GCSS 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 GCSS, 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 GCSS 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 convenience use by GCSS and its students for the purposes intended. For the avoidance of doubt, GCSS’s exercise of its rights to partially occupy or use the work prior to substantial completion shall not relieve contractor of its obligations.

4.3 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.

5.0 REQUIREMENTS FOR PROPOSALS

Reference the appropriate section number on all documents submitted in response to requirements in this section.

5.1 Minimum Requirements (pass/fail)

5.1.1 Contractors must provide proof of previous job experience within 30% of the cost of this project.

5.1.2 Attendance at the pre-proposal conference is required in order to submit a proposal.

5.1.3 Vendor must have a current General Contractor’s license issued by the state of

Georgia.

5.2 Firm Overview

5.2.1 Provide complete contact information for a Point of Contact during evaluation period. This person must be available to answer any questions pertaining to your response that may arise prior to award.

5.2.2 Location of Firm – Provide the firm name, address of firm headquarters and branch office handling these projects as well as telephone numbers and contact email addresses. Preference will be given to companies with headquarters or a branch office handling this project within 150 miles of Greensboro, Georgia.

5.2.3 Firm Profile – Include how many years in business under the name stated above.

Describe firm ownership, structure, and history. Include type of legal entity (corporation, LLC, etc.), where formed or incorporated, year of formation or incorporation. Provide a copy of the Business License of the firm.

5.2.4 Size and Resources of Firm – List the number of permanent employees by professional discipline and provide an organization chart of the firm.

5.3 Financial Information

5.3.1 Current Workload

5.3.1.1 Provide current value of work under contract, current bonding capacity, current value of bonded work, and percentage of work during the past five (5) years for each of the following delivery methods: 1) CM at Risk, 2) RFP, 3) Hard Bid, 4) Other.

5.3.1.2 Provide a confirmation letter from your bonding company indicating the bonding company’s A.M. Best financial rating and that the bonding company will provide Payment and Performance Bonds in the amount of 100% of the GMP on the exact forms prescribed by the GCSS in the modified A201-2007 attached.

5.3.2 Financial Statements – Provide firm’s audited or reviewed financial statements for the past three (3) fiscal years which shall be prepared and signed by an independent Certified Public Accountant not interested, directly or indirectly, in the business of the firm.

5.4 Project Approach

5.4.1 Proposed team, personnel list, and staffing plan

5.4.1.1 Identify each employee that you intend to assign to the project including a paragraph outlining their role and responsibility, past relevant experience with similar projects, and their percentage availability for this project. Provide an organization chart of the project team and resumes of key employees who you intend to assign to this project. Any experience listed for a proposed team member that is not for the current firm must be noted as such.

5.4.1.2 Identify and provide a resume for the individual who will be the leader of your construction team and be the principal point of contact between your firm and GCSS, Architect, and other consultants from start to finish. This individual’s competence, leadership, and ability to achieve customer satisfaction will be considered.

5.4.2 Pre-Construction Services

5.4.2.1 Describe your firm’s approach to Preconstruction Services and how your firm will interface with the Architect and GCSS concerning cost estimating, phasing planning, constructability reviews, and value engineering. Address how your firm would propose to resolve differences in cost estimates prepared by both your firm and the Architect or GCSS’s third party cost estimator.

5.4.2.2 Describe your firm’s definition of value engineering and your approach to providing value engineering during both the design and the construction phases of the project. Provide past examples of successful value engineering on your projects.

5.4.3 Construction Services - Describe your firm’s approach to Construction Phase Services and how you propose to manage the construction process taking into consideration the information provided in this RFP, construction phasing, non-interference with ongoing school activities, safety, and schedule.

5.4.4 Technical Expertise – This includes safety, scheduling, project management, quality assurance, quality control – Describe your experience, technical expertise, project controls, and tools your firm will employ with regard to safety, schedule, cost, project management, quality assurance, and quality control. Describe your experience with internet-based project management software.

5.4.5 Subcontractor Default Management – Describe your firm’s experience and plan of action should a Subcontractor or Contractor default during the course of the project.

Describe how your firm will protect the interests of the GCSS and the project from being adversely affected.

5.5 Project Experience

5.5.1 Past Projects - Provide a project listing of all current educational (K12 and/or higher education) projects. Also provide all educational (K12 and/or higher education) projects completed during the past five (5) years by your firm. At least three (3) of the projects should be of a similar scope and nature as this GCSS project, delivered via a CM at Risk delivery method. A total GMP of $22,000,000 (project budget) dollars or higher is preferred for these projects. Projects with a GMP below $15,400,000 (30% of project budget) will not be considered as viable references.

GCSS will request references on these three (3) keys projects from the GCSS contact identified. Information provided for all projects should include but not be limited to:

5.5.1.1 Project Name

5.5.1.2 Project Type

5.5.1.3 Square footage of new and/or renovated construction, FTE, and IU count

5.5.1.4 Total GMP award amounts and final cost

5.5.1.5 Construction start and substantial and final completion dates

5.5.1.6 Owner’s name and telephone number

5.5.1.7 Architect’s name and telephone number

5.5.1.8 Firm’s Project Manager, Superintendent, Cost Estimator, and Safety Officer

5.5.2 References (page 24) - Provide a minimum of three (3) references for projects listed above. It is important that you strongly encourage their response to the reference requests. Failure of GCSS to obtain references will negatively affect evaluation scoring.

Request for Proposal P100, CM At Risk for Greene County Primary School

5.5.3 Unusual Project Constraints – For the projects listed in section 5.5.1, identify any unusual schedule, budget constraints, phased construction, school operational constraints and how your firm overcame these conditions.

5.5.4 Litigation – Describe any claims, mediation, arbitration, litigation, or other form of dispute resolution filed by or against your company in the past five (5) years. Disclose any failure or failures to complete a contract, or contracts, and any instances of having defaulted or having been declared to be in default on any contract, or contracts.

5.5.5 OSHA Experience Modification Rate (EMR) – Provide documentation of your firm’s EMR for the past three (3) years.

5.6 Fee Proposal

GCSS has included a Project Cost Matrix (Attachment C) in the RFP. The Project Cost Matrix takes all of the categories of the project costs and allocates them to either Construction Fee, General Conditions, Cost of the Work, or By Others. The purpose of this matrix is to ensure that all costs in the CM proposals are applied consistently to the categories specified by GCSS since proposal responses are being evaluated based, in part, on Construction Fee. It is GCSS’s goal to avoid misunderstandings as we move forward, beyond award, into the GMP phases of the projects as General Conditions costs are negotiated.

5.6.1 Preconstruction Services Phase Fee - The proposed preconstruction services phase lump sum fee for all preconstruction activities as contained in and required by the Owner’s Agreement. (Cost Proposal Form, page 31).

5.6.2 CM Construction Phase Fee - Indicate your proposed CM construction phase fee as a percentage (%) of the Cost of the Work as specified in Article 5 of AIA A133-209.

(Cost Proposal Form, page 31).

6.0 In addition to the paper submission, GCSS requests that all responses be submitted in electronic format via flash/thumb drive. PDF format is acceptable unless otherwise stated in the Special Terms and Conditions.

7.0 PROPOSAL EVALUATION

7.1 Organization and Completeness of Proposal - Contractor’s proposal must provide straightforward, concise proof of the capabilities to satisfy RFP requirements. For ease of review, responses must be organized in the exact same order as the RFP or as stipulated in the RFP. Each section should be clearly labeled with the corresponding RFP section name and number. Any additional documents provided by the contractor must also be clearly labeled with the corresponding RFP section name and number. All requested information must be included and all forms completed in entirety. (All spaces must be completed on all

Request for Proposal P100, CM At Risk for Greene County Primary School requested documentation.) Failure to organize responses in required format will affect evaluation scores. Any proposals that do not include all required information may be considered non-responsive and disqualified.

7.2 Evaluation Procedures – Evaluation Criteria – The selection of a contractor for a

Construction Manager at Risk for Greene County Primary School will be based on the review of several key elements in the proposals submitted. They include, but are not limited to the following criteria:

# Description Points Possible

1. Firm Overview (ST&C Section 5.2) 25

2. Financial Information (ST&C Section 5.3) 50

3. Project Approach (ST&C Section 5.4) 150

4. Project Experience (ST&C Section 5.5) 150 Non-Cost Subtotal 375

5. Cost 125

TOTAL 500

The non-cost component of proposals (total of factors items 1 – 4) can receive a maximum of 375 points out of 500 points possible. Cost will be scored for only those proposals that receive 70% or more of total non-cost points (262.5 or more points).

In the second stage, the proposals which received 70% or more of the total non-cost points will have their cost evaluated. The Cost Evaluation Formula: (Lowest Price/R-where “R” represents the cost of proposal currently being ranked) x Points = Score. The scores on the non-cost and cost criteria will then be combined to determine vendors within the competitive range.

During the third and final phase, a short list of offerors may be selected. Negotiations, interviews, and/or presentations may be conducted with one or more of the responsible contractors on the short list. The evaluation committee may evaluate the information obtained during this phase and provide a score for this category.

# Description Points Possible

Non-Cost Score 375 BAFO Cost Score 125 Contractor Interviews/Presentations 100

TOTAL 600

After tabulation of the final scores, a selection will be made.

8.0 REFERENCES (Provide your company references): ____ ___________________, _________ Insert Your Company Name Date Submitted

All responding contractors have provided references with their prequalification statement. However, GCSS has the right to contact additional references. Please provide those references on the form below. It is the contractor’s responsibility to provide complete and accurate reference information on the form below, completing ALL fields.