Instructions to Offerors

INSTRUCTIONS TO PRE-QUALIFIED

CONSTRUCTION MANAGERSOFFERORS

NORTHFORSYTH HIGH SCHOOL

The BOARD OF EDUCATION, FORSYTH COUNTY, GEORGIA, (the “Board”), pursuant to the provisions of the Georgia Local Government Public Works Construction Law, has issued a Request for Proposals seeking competitive sealed Proposals from only pre-qualified Construction Managers for the construction of North Forsyth High School to be located at 3635 Coal Mountain Drive, Cumming, GA 30028. The contract will be awarded based upon evaluation factors. Said Request for Proposals (the “Request”), as authorized by resolution issued on the 21st day of August2014, is incorporated herein by reference. Construction Managers interested in submitting a Proposal must obtain copies of the Contract Documents, as defined in the Request, from the office of Foreman, Seeley, Fountain Architecture (the “Architect”), 3091 Governors Lake Drive, Suite 150, Norcross, Georgia 30071 (770-729-8433). The Contract Documents may be obtained electronically from the Architect by E-mail request to Kathy Pallansch, . Construction Managers will be given access to the Architect’s ftp site where the Contract Documents may be downloaded at no charge. Plans may also be accessed by Subcontractors or Material Suppliers. Any Construction Managers submitting a Proposal must procure a set of the Contract Documents from the Architect. The Contract Documents are available for inspection by the public at the office of the Architect identified above. All inquiries should be addressed in writing to Kathy Pallansch at the aforesaid offices of the Architect

Any Offeror submitting a Proposal (a “Contractor”) in response to the Request shall comply with the following specific instructions:

(1)The submission of a Proposal constitutes an acknowledgment and representation by the Contractor that it has visited the Project site and has familiarized itself with the local conditions under which the required Work is to be performed;

(2)The submission of a Proposal constitutes a representation by the Contractor that is has examined, analyzed, and studied any geotechnical reports or soils investigation reports furnished by the Board, if any;

(3)The submission of a Proposal constitutes a representation by the Contractor that it has studied and examined the Contract Documents and such other information as may have been furnished by the Board or the Architect. Furthermore, the submission of a Proposal constitutes a representation by the Contractor that it has no knowledge of any ambiguities, errors, omissions or other inaccuracies in any of the Contract Documents or material furnished by the Board or Architect in connection with the Project. The submission of a Proposal does not indicate that the Contractor is solely responsible for latent errors of omission in any of the Contract Documents ormaterial furnished by the Board or Architect in connection with the Project;

(4)The submission of a Proposal constitutes a representation by the Contractor that it will sign the Staged Project Form of Contract for Construction Management Services including Construction for a Guaranteed Maximum Price(the “Contract”),the form of Bid Bond, and the form of Payment Bond and Performance Bond. After award, the Contractor will be required to sign the Contract. The Contractor will also be required to provide to the Board a schedule of values for the Project, as well as applications for payment for the Project throughout the duration of the Project according to accounting requirements by the Georgia State Department of Education.

(5)The Contractor is precluded to “self perform” any direct work scope of work (Divisions 2-33) on the Project, in whole or in part, that would otherwise be performed by a subcontractor.

(6)Any proposal must be fully completed on the Proposal Form in its entirety with no additional attachments, except as permitted or required by the Proposal Form. Failure to comply with this requirement may be basis for rejection of the Proposal;

(7)Any Proposal must include a fully executed Bid Bond in the amount of five percent (5%) of the proposed Initial Guaranteed Maximum Price.

(8)Any Offeror that intends to submit a Proposal is required to attend a mandatory Pre-Proposal Meeting, which will be held on February 17, 2015 at 1:00 PM at the office of the Board atProfessional and Development Center, 1120 Dahlonega Highway, Cumming, GA 30040.

(9)The Architect will give consideration, prior to submission of Proposals, to requests for approval of products similar to those specified by proprietary names provided only that such requests for approval of products comply with the following provisions:

(a)All requests for substitution must be written and delivered to the office of the Architect at least seven (7) calendar days prior to the date required for the submission of Proposals;

(b)Any requests for substitution must identify the product for which substitution is requested by brand name, or catalog number, or both if applicable, together with Section and Article number where specified in the Contract Documents, and must identify in similar manner the proposed substitution;

(c)Any requests for substitution must explain fully the difference, if any, between the proposed substitution and products specified including, but not limited to, physical color, function, and guarantee considerations;

(d)Any requests for substitution must be accompanied by technical data, including laboratory tests, if applicable, on the proposed substitution;

(e)Any requests for substitution must give complete information on changes, if any, to drawings or specifications which will be necessary or advisable if the substitution is approved;

(f)Any requests for substitution must identify three (3) projects wherein the proposed substitution has been utilized and such identification must include the name, address, and telephone number of such project’s owners, architects, and Construction Managers.

Separate requests shall be made for each proposed substitution except where multiple substitutions are related to a complete assembly, such substitutions may be addressed in a single request. The Architect will review requests for substitution submitted in accordance with the above requirements and if in the sole discretion of the Architect substitution is in the Board’s interest, the Architect will, by addendum, add the substitution to the applicable specification.

(10)Any changes, additions, interpretations, or corrections, to or concerning the Contract Documents prior to the date for submission of Proposals will be issued as an Addendum by the Architect, no less than 72 hours (excluding Saturdays, Sundays, and legal holidays) prior to the Proposal submission deadline. Only such written changes, additions, interpretations, or corrections by Addendum shall be binding. Any changes, additions, interpretations, or corrections given by any other method shall not be valid and the Contractor shall not rely upon in any manner whatsoever any verbal statements, instructions, interpretations, corrections, or other information provided by the Board or the Architect or their representatives. Any Addendum will be provided to all Contractors and other entities that are registered in the office of the Architect as having received Contract Documents for the Project. Such Addendum will be delivered to the addresses as furnished by such Contractors or entities;

(11)All Proposals must be signed by a duly authorized officer, member, or general partner (as appropriate), notarized and dated. All blanks on the Proposal Form shall be filled in and numbers shall be written in English words and Arabic numerals where so requested. Addenda must be acknowledged where so designated. All Proposals shall be submitted and received by the office of the Facilities Department of the Board, located at Professional and Development Center, 1120 Dahlonega Highway, Cumming, GA 30040 no later than 2:00p.m.on March 4, 2015.

(12) At the discretion of the Board’s Director of Facilities, and in conformity with the applicable provisions of Georgia law, Contractors found to be reasonably susceptible of being selected for award may be afforded an opportunity for subsequent discussion and revision of Proposals for personnel, subcontractors and offeror’s evaluation for the purposes of pursuing and obtaining best and final offers. The Board reserves the right to reject any or all Proposals and to waive any technicalities or informalities. Incomplete or irregular Proposals, and Proposals submitted without the required Bid Bond, may be rejected by the Director of Facilities;

(13)All Proposals must be submitted on the Proposal Form and shall be executed under oath by an duly authorized officer, member, or general partner (as appropriate) of the Contractor;

(14)Upon submission, all Proposals shall become and remain the property of the Board;

(15)All Proposals submitted shall remain open for acceptance by the Board, and same shall be honored by the Contractor, for a period of sixty (60) days from the date set forth hereinabove for the receipt of Proposals. The Board will endeavor to determine the Contractors reasonably susceptible of being selected for award within sixty days of the date on which Proposals are due, and the Board will promptly thereafter notify any Contractor deemed not to be reasonably susceptible of being selected for award so as to release the Contractor from bonding commitments for the Project.

(16)The Board reserves the right to revise and amend the Request for Proposals, these Instructions, and the Proposal Form, or clarify same, by Addendum, within the time provided by Georgia law. If such revisions or amendments are of such magnitude as to warrant, in the sole discretion of the Board, the postponement for the date of the submission and receipt of Proposals, written notification shall be issued to any Contractor who has obtained a Proposal Packet.

(17)All anticipated federal, state and local permits required for the project have not been obtained. Required permits are anticipated on or before May 29, 2015.

(18)The Contractor shall accomplish Substantial Completion of the Campus Prep on or before August 1, 2015 and Final Completion on or before August 15, 2015.

(19)The Contractor shall accomplish Substantial Completion of the Building Package Phase I on or before July 15, 2016 and Final Completion on or before August 1, 2016

(20)The Contractor shall accomplish Substantial Completion of the Building Package Phase II on or before December 1, 2016 and Final Completion on or before January 4, 2017.

(21)All rights of way and easements anticipated for the Project have not been obtained, but it is anticipated that all rights of way and easements will be obtained prior to Site Development Permitting and should not affect delivery of the Project.