Ga. Comp. R. & Regs. R. 160-5-4-.15 - Processing of Plans and Specifications for Public School Construction
(1)
DEFINITIONS.
(a)
Planning
and construction documents - all architectural and engineering draw
ings, project manual, technical specifications, addenda, change orders, and
other documents as requested that are employed in the design, bidding, and
construction of a public school facility.
(b)
Project manual - the bound
document containing the Invitation for Bid or Proposal, Instruction to Bidders
or Offerors, Proposal Form, General Conditions of the Contract, Supplementary
Conditions, Special Conditions, Sample Forms, and other documents as required,
as well as all technical specifications for the project.
(c)
Design/bid/build - a
construction delivery method that involves securing competitively bid lump sum
construction. Contracts are based on complete and prescriptive contract
documents prepared by design professionals, and made up of drawings,
specifications, and supporting information. The design-bid-build/lump sum (or
stipulated sum) delivery system uses competitive bidding among general
contractors, with performance/payment bonds, and various other statutory
requirements and State Board of Education rules being employed to protect the
owner's investments. While bidders may be asked to prequalify, the procurement
process must be a competitive sealed bid, with the price being the only factor,
subject to the bidder showing it is both responsible and its bid is responsive
to the solicitation.
(d)
Design Professional - an architect; civil structural engineer,
mechanical engineer, electrical engineer, plumbing engineer, or heating,
ventilating, and air conditioning (HVAC) engineer; interior designer; landscape
architect; or other professional whose services require licensing and
registration by the state.
(e)
Construction Manager/General Contractor at Risk - a construction
delivery method that allows the owner to (1) hire a construction manager at any
time during the project pre-design phase. The construction manager and the
design professional work together to develop and estimate costs for the design.
A guaranteed maximum price is provided by the construction manager at risk who
then receives proposals and awards contracts to subcontractors. Or (2) hire a
general contractor after the completion of the design phase. The procurement
process for the construction manager or general contractor must be a
competitive qualifications selection. Following a procedure similar to that
contained in O.C.G.A. §
36-91-20et
seq. is acceptable.
(f)
Design/Build - a construction delivery method wherein the builder
and the design professional are one entity hired to deliver the project. A
guaranteed maximum price is usually furnished in the beginning of the project
based upon the design criteria prepared by the client. The procurement process
must be a competitive qualifications selection. Following a procedure similar
to that contained in O.C.G.A. §
36-91-20et
seq. is acceptable.
(g)
Construction Management Services - an individual, company, or firm
that represent the governmental agency in an administrative and oversight
capacity of a construction project.
Construction Management Services are intended to cover the services of a Construction Manager Agent not at risk, Construction Manager, and Program Manager. The procurement process must be a competitive qualifications selection. Following a procedure similar to that contained in O.C.G.A. § 36-91-20et seq. is acceptable.
(2)
REQUIREMENTS.
(a) The requirements of this rule shall apply
to all public school construction projects regardless of project funding source
unless exempt by O.C.G.A. §
36-91-22.
(b) The local board of education shall submit
to the department for approval all planning and construction documents for the
design and/or modification of any facility or structure that will house public
school children or that will be utilized to provide services for public school
children. Approval will be in accordance with the current department
publications as listed in Rule
160-5-4-.16. Copies of the
publications named in Rule
160-5-4-.16 may be obtained from the
Department or printed directly from the Facilities Services website located at
www.doe.k12.ga.us/facilities/rulesandguidebooks.html.
(c) Final drawings and the project manual for
any public school construction project using the design/bid/build construction
delivery method shall be submitted to the department in accordance with
paragraph (2)(b) above and approved prior to advertisement for bids.
(d) Projects using any construction delivery
method other than described above shall submit plans and specifications as
follows:
1. Both the preliminary and the check
set reviews must be submitted and approved by the Georgia Department of
Education (GaDOE) Facilities Services Unit prior to the start of any of the
building's foundation work or the issuance of a construction permit from the
local authorities having jurisdiction, whichever comes first. The check set
approval is complete only after all comments have been addressed.
2. At a minimum of thirty days prior to the
building's eighty percent inspection by the Fire Marshall, final plans shall be
submitted for review and approval by the GaDOE Facilities Services
Unit.
(e) If final plans
are not approved in accordance with this rule, any state funds allocated to the
project may be withheld. Plans and specifications for all projects without
regard for the fund source or construction delivery method must be approved by
the department in compliance with O.C.G.A. §
20-2-260(c)(7),
20-2-260(d)(6),
and
20-2-261.
(f) The local board of education shall be
responsible for having all final drawings and the project manual approved by
the state and local Fire Marshal, Department of Human Resources, and local
government agencies and any required permits issued prior to the start of
construction.
(g) The local board
of education shall procure the services for the construction activities defined
and set forth in (1) (e), (f), and (g) through a Qualification-Based Selection
via Request for Proposal, or may use a similar statutory or industry-
recognized model that does not restrict competition. Prior to issuing the
Request For Proposal, the local board of education shall obtain a letter from
legal counsel that the proposal has been reviewed and meets all of the criteria
required in O.C.G.A. §
36-91-20
and
36-91-21.
This process must have a documented method of evaluation for selecting firms
and such information shall be made available to all participants of the
process, As a minimum, the local board shall advertise for such services for a
period of four weeks, using the criteria set forth in O.C.G.A. §
36-91-20.
Notes
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