Bid No 25001_Invitation to Bid_Site Work _ In.pdf

CITY OF GAINESVILLE

INVITATION TO BID

BID No. 25001

Site Work & Infrastructure Improvements for Summit Street Cottages

Bid Release: Wednesday, 11/27/2024

Pre-Bid Meeting: Friday, 12/13/2024 at 10:00 A.M.

Bid Questions Deadline: Wednesday, 12/18/2024 at 12:00 P.M.

Bid Due Date: Wednesday, 1/8/2025 at 2:00 P.M.

Postal Return Address:

City of Gainesville Purchasing Office P.O. Box 2496

Gainesville, GA 30503

Courier Delivery Address:

City of Gainesville Purchasing Office 300 Henry Ward Way, Room 201

Gainesville, GA 30501

City of Gainesville Invitation to Bid

BID No. 25001 Site Work & Infrastructure Improvements for Summit Street Cottages

OVERVIEW

The City, on behalf of the Gainesville-Hall County Land Bank Authority, is requesting individual sealed bids for the “Site Work and Infrastructure Improvements for Summit Street Cottages” project. The Project consists of the following major elements: Furnishing all products, materials, and services and performing all labor necessary for site work and grading, construction of infrastructure improvements including road, water/sanitary sewer and stormwater improvements, and other miscellaneous items necessary to complete the work.

This is a Federally-funded project, funded with Community Development Block Grant (CDBG) funds. The contractor and subcontractors must comply with HUD procurement provisions in CFR 24 Part 85.36, Equal Employment Opportunity requirements, the Copeland “Anti‐Kickback” Act, the Davis‐Bacon Act, Contract Work Hours and Safety Standards Act, Section 3 of the Housing and Urban Development Act and other requirements as set forth in the bid documents. Minority and Women Owned Business Enterprises and Section 3 Business Concerns seeking bid opportunities under this project are encouraged to respond.

PROJECT SCOPE

Successful bidder shall be responsible for all site work and infrastructure improvements shown on the civil engineering plans titled “Construction Drawings for Summit Street Cottages” and included as Attachment A. Such work may include, but is not limited to, grading, construction and paving of streets and driveways; sidewalks; parking pads and steps where applicable, installation and maintenance of soil erosion and sedimentation controls, and installation of water/sanitary sewer connections and stormwater management infrastructure.

The successful Bidder shall be responsible for ensuring all proper construction standards are met, including providing proper compaction of soil, aggregate, and pavement. The successful Bidder shall ensure that site preparation and grading meet all applicable local, state and federal laws, including soil erosion and sedimentation control and stormwater requirements. Construction shall be completed in accordance with local zoning/land development and building codes, written specifications, design drawings, and Special Terms and Conditions.

BID CORRESPONDENT

Upon Release of this Bid, all vendor communications concerning this acquisition must be directed to the Financial Services Department correspondent listed below:

Kevin Hutcheson City of Gainesville

P. O. Box 2496, Gainesville, GA 30503 khutcheson@gainesvillega.gov

Unauthorized contact regarding the Bid with other Gainesville City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Gainesville or Gainesville-Hall County Land Bank Authority. Vendor should rely only on written statements issued by the Bid correspondent.

PRE-BID MEETING

A Pre-Bid Meeting will be held for all Bidders on Friday, December 13, 2024 at 10:00 A.M. in The Station Room located on the first floor of the City Administration Building, located at 300 Henry Ward Way, SE; Gainesville, GA. Attendance is optional but highly recommended.

BID QUESTIONS

All questions must be submitted in writing to the Bid correspondent named above. Questions must be received by 12:00 P.M., on Wednesday, December 18, 2024. A list of questions and answers will be provided to all know Bidders and by request. Requests may be made to the Bid correspondent named above.

BID RESPONSE DATE AND LOCATION

The Financial Services Department must receive the vendor’s Bid in a sealed envelope, in its entirety, not later than 2:00 P.M., Eastern Standard Time in Gainesville, Georgia on January 8, 2025. Bids arriving after the deadline will be returned unopened to their senders.

All Bids and accompanying documentation will become the property of the City of Gainesville, on behalf of the Gainesville-Hall County Land Bank Authority, and may not be returned. One (1) original and one (1) hard copy of this Bid must be submitted to allow for evaluation. Bids must be clearly marked on the outside of the package:

Bid #25001 – Site Work & Infrastructure Improvements for Summit Street Cottages

Vendors assume the risk of the method of dispatch chosen. The City of Gainesville nor the Gainesville-Hall County Land Bank Authority assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual Bid receipt. Late Bids will not be accepted nor will additional time be granted to any vendor. Bids may not be delivered by facsimile transmission or other telecommunication or solely by electronic means.

Bid Schedule:

Bid Release: 11/27/2024

Pre-Bid Meeting: 12/13/2024 at 10:00 A.M.

Bid Questions Deadline: 12/18/2024 at 12:00 P.M.

Bid Due Date: 1/8/2025 at 2:00 P.M.

Anticipated Award Date: 1/14/2025 mailto:khutcheson@gainesvillega.gov

WAIVER OF TECHNICALITIES

All items must meet or exceed specifications as stated by the City of Gainesville. The City of Gainesville, on behalf of the Gainesville-Hall County Land Bank Authority, reserves the right to waive any technicalities and to reject or accept any Bid in its entirety or to accept any portion thereof if it is determined that either method results in lower costs, better service, final satisfaction or is otherwise determined to be in the best interest of the City of Gainesville. Award may be made by item number or in total. Determination of best response to Bid will be the sole judgment of the City of Gainesville. Bids shall remain valid for ninety days for the date of Bid opening.

BID REJECTION

The City of Gainesville reserves the right to reject any or all Bids at any time without penalty.

Any vendor, who acts as a supplier to another vendor submitting a bid and also submits a bid of their own, will be viewed as participating in Collusive behavior. This behavior displays a pattern or practice of unethical or immoral business practices. Any vendor associated with this practice may be banned from doing business with the City of Gainesville for up to three years.

MODIFICATION OF BIDS

Any clerical mistake that is patently obvious on the face of the Bid may, subject to the limitations described below, be corrected upon written request and verification submitted by the Bidders. A nonmaterial omission in a Bid may be corrected if the Financial Services Department determines that correction to be in the City’s best interest. Omissions affecting or relating to any of the following shall be deemed material and shall not be corrected after Bid opening:

(1) Price Information;

(2) Any required Insurance and bonds, licenses and certificates; and

(3) Acknowledgement of HUD Special Terms and Conditions.

WITHDRAWAL OF BIDS

Bids may be withdrawn at any time prior to the Bid opening. After Bids have been publicly opened, withdrawal of a Bid shall be based upon the following:

The Bidders shall give notice in writing of their claim of right to withdraw their Bid due to an error within two business days after the conclusion of the Bid opening procedure. Bids may be withdrawn from consideration if the price is substantially lower than the other Bids due solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the Bid, which unintentional arithmetical error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn. The Bidder’s original work papers shall be the sole acceptable evidence of error and mistake if they elect to withdraw their Bid. If a Bid is withdrawn under the authority of this provision, the lowest remaining responsive Bid shall be deemed to be the low Bid.

BIDDER’S RESPONSIBILITY

When determining whether a Bidder is responsible, or when evaluating a Bid, the following factors may be considered, any one of which will suffice to determine whether a Bidder is responsible or the Bid is the most advantageous to the City and Land Bank Authority:

1) The ability, capacity and skill of the Bidder to perform the contract or provide the equipment and/or service required.

2) The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

3) Whether the Bidder can perform the contract within the time specified. Bid submission must include construction schedule.

4) The quality of performance of previous public and private contracts or services, including, but not limited to, the Bidder’s failure to perform satisfactorily or complete any written contract. The City’s termination for default of a previous contract with a Bidder, within the past three years, shall be deemed to be such a failure.

5) The previous and existing compliance by the Bidder with laws relating to the contract or service.

6) Evidence of collusion with any other Bidders, in which case colluding Bidders will be restricted from submitting further Bids on the subject project or future Bids, for a period not less than three years.

7) The Bidder has been convicted of a crime of moral turpitude or any felony, excepting convictions that have been pardoned, expunged or annulled, whether in this state, in any other state, by the United States, or in a foreign country, province or municipality. Bidder shall affirmatively disclose to the City all such convictions, especially of management personnel or the Bidders as an entity, prior to notice of award or execution of a contract, whichever comes first. Failure to make such affirmative disclosure shall be grounds, in the City’s sole option and discretion, for termination for default subsequent to award or execution of the contract.

8) If the Bidder will be unable, financially or otherwise, to perform the work.

9) At the time of the Bid opening, the Bidder is not authorized to do business in the Georgia, or otherwise lacks a necessary license, registration or permit.

10) Any other reason deemed proper by the City.

NON-ENDORSEMENT

As a result of the selection of a vendor to supply products and/or services to the City of Gainesville, the City of Gainesville is neither endorsing nor suggesting that the vendor’s product is the best or only solution. The vendor agrees to make no reference to the City of Gainesville or Gainesville- Hall County Land Bank Authority in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Gainesville or Gainesville-Hall County Land Bank Authority.

PROPRIETARY BID MATERIAL

Any information contained in the Bid that is proprietary will be neither accepted nor honored. All information contained in this Bid is subject to public disclosure.

RESPONSE PROPERTY OF THE CITY OF GAINESVILLE

All material submitted in response to this request become the property of the City of Gainesville.

Selection or rejection of a response does not affect his right.

NO OBLIGATION TO BUY

The City of Gainesville reserves the right to refrain from contracting with or purchasing from any vendor. The release of this Bid does not compel the City of Gainesville to purchase.

COST OF PREPARING BIDS

The City of Gainesville is not liable for any cost incurred by vendors in the preparation and presentation of Bids and demonstrations submitted in response to this Bid.

NUMBER OF BID COPIES REQUIRED

Vendors are to submit (1) original Bid and (1) copy.

ADDENDA

Bidders are responsible to check the City of Gainesville’s website for the issuance of any addenda prior to submitting a Bid. The address is https://www.gainesville.org/Bids.aspx.

BID AWARD AND EXECUTION

The City will select the Bid that, in its sole discretion, is the most responsive and responsible Bid to the City. The City reserves the right to make any award without further discussion of the Bid submitted; there may be no best and final offer procedure. Therefore, the Bid should be initially submitted on the most favorable terms the vendor can offer. The specification may be altered by the City of Gainesville based on the vendor’s Bid and an increase or reduction of services with the manufacturer may be negotiated before Bid award and execution.

Should the owner require additional time to award the Contract, the time may be extended by the mutual agreement between the Owner and the successful Bidder. If an award of Contract has not been made within ninety days from the Bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party.

LOCAL VENDOR PREFERENCE

Local Vendor means a bidder or offeror which operates and maintains a brick-and-mortar business, i.e. a physical business address, within the city limits of the City of Gainesville, has a current business license, has paid in full all real and personal taxes owed the City, is considered a vendor in good standing with the City and can obtain an active vendor status.

A local vendor may receive an opportunity to match for purchases, bids, Bid or contracts over $20,000 and less than $150,000. The local vendor may be given an opportunity to match the lowest price Bid, if the quotation or bid of the local vendor is within 3% of the lowest price Bid by a non-local vendor. In the event a local vendor matches the lowest price Bid, including all other terms, quality, services and conditions, then the local vendor shall be awarded the contract.

In the event the price Bid of more than one local vendor is within 3% of the lowest overall price Bid of a non-local vendor, the local vendor with the lowest Bid will be given the first opportunity to match the lowest overall price Bid. If this local vendor declines to match the price Bid, then the local vendor with the next lowest bid within 3% will be given the opportunity to match the lowest Bid. This process will continue with all local vendors having Bid within 3% of the lowest overall bid by a non-local vendor.

Policy to be stated. This policy shall be so stated in all applicable solicitations.

Exemptions. This provision does not apply to public works construction projects or road projects pursuant to the laws of the State of Georgia (O.C.G.A §36-91 or §32-4).

https://www.gainesville.org/Bids.aspx

BID REQUIREMENTS/EVALUATION CRITERIA

The City will evaluate all written submittals. It is incumbent upon the Bidders to demonstrate within their Bids how each requirement will be satisfied. All Bids must meet the specification as outlined in this Bid. The City reserves the right to investigate the qualifications and experience of the Bidders, or to obtain new Bids. Bids not sufficiently detailed or in an unacceptable form may be rejected by the City. Dates and documentation included in the Bid become public information upon opening the Bids. Interested firms must follow the process outlined in the following pages in submitting their Bid.

Responsibilities of the Bidder

The Bidder, at its sole expense shall:

1) Deliver, install, test and adjust products/materials/appliances, etc.

2) If the City selects this option, provide routine maintenance and service included replacing all parts of Equipment which are faulty and/or worn out.

3) Repair or replace inoperable items or damaged components within 48 hours of notification by the City.

4) Comply with all laws, ordinances, regulations, requirements and rules with respect to the maintenance of the (product).

Bidder Requirements

The following criteria, not listed in order of importance, will be used to evaluate Bids.

1) Bidders are encouraged to attend the Pre-Bid Meeting on December 13, 2024 at 10:00 A.M.

2) Bidders shall not be barred or suspended from doing business with the City of Gainesville, the State of Georgia or the Federal Government.

3) Terms, conditions and pricing of purchase or lease agreement.

4) Cost of amenities available for the product(s).

5) Bidder must have three (3) consecutive years of continuous experience on similar construction projects involving site grading, road construction, water and sanitary sewer line extensions, and stormwater detention facility construction.

6) Bidder must have completed a minimum of three (3) projects of similar size or scope as specified herein. Please include project(s) completed utilizing HUD Community Development Block Grant (CDBG) funds or other federal funds.

7) Bidders must be able to complete all work in accordance with the approved Civil Plans (Gainesville permit GDEV23-0049) included as Attachment A within a reasonable timeframe.

8) Bidder shall not be debarred or suspended from bidding or working on State or Federal projects.

9) A Bid Bond equal to at least 5% of the bid price shall be required with Bid Response submission.

10) Bidders must have sufficient bonding capacity to provide performance and payment bonds, both in the amount of 100% of the contract amount. The successful Bidder shall be required to provide a Payment Bond and a Performance Bond, each in the amount not less than 100% of the total bid amount, at the signing of the contract.

11) Bidder must provide evidence, satisfactory to the City, of the following insurance requirements:

o The City requires the Contractor to have and maintain the following insurance coverage and indemnification provisions with the City of Gainesville and the Gainesville-Hall County Land Bank Authority named as “Additional Insured, Primary/Non-contributory” hereunder and waiver subrogation on these coverages.

o Successful Bidder shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the vendor and included in any bids. The Contractor agrees to provide and maintain insurance coverage until the contract is completed and to furnish certificates from its insurance carriers showing that it carries insurance following minimum limits o Proof of Insurance: The Contractor shall furnish the City of Gainesville and Gainesville- Hall County Land Bank Authority with certificates showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Such certificates also shall contain substantially the following statement: The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days written notice has been received by the City of Gainesville.

o Vendor shall maintain throughout contract limits not less than:

Insurance Type Limit

Commercial General Liability $1,000,000 Per Occurrence

$2,000,000 Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers’ Compensation Statutory

Employers’ Liability - $1,000,000

Professional Liability $1,000,000 Per Occurrence

$2,000,000 Aggregate

Builders’ Risk Completed Value of the Structure

Umbrella Liability $5,000,000 Per Occurrence

Excess Liability $5,000,000 Per Occurrence - For Projects Exceeding $25M

Payment / Performance / Maintenance Bond

100% of Contract Sum o DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retentions must be declared to and approved by the City.

o OTHER INSURANCE PROVISIONS: The policies are to contain, or be endorsed to contain the following provisions:

1) General Liability and Automobile Liability Coverages

a) The City, its officers, officials, employees, Boards and Commissions and volunteers are to be added as “Additional Insured” as respects liability arising out of activities performed by or on behalf of the vendor, products and completed operations of the vendor, premises owned, occupied or used by the Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. It is understood that the business auto policy under “Who is an Insured” automatically provides liability coverage in favor of the City.

b) The vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the vendor’s insurance and shall not contribute with it.

c) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, Boards and Commissions or volunteers.

d) The vendor’s insurance shall apply separately to each insured against whose claim is made or suit is brought, except to the limits of the insured’s liability.

2) Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the vendor for the City.

3) Professional Liability: “Claims made” policy is acceptable coverage which must be maintained during the course of the project and up to two (2) years after completion and acceptance of the project by the City.

4) All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the City.

o ACCEPTABILITY OF INSURERS: All insurance shall be issued by responsible insurance companies eligible to do business in the State of Georgia and having an A.M.

Best Financial rating of A- VI or better.

o VERIFICATION OF COVERAGE: Contractor shall furnish the City of Gainesville with certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Georgia Department of Insurance. Certificates of Insurance similar to the ACCORD form are acceptable. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

o HOLD HARMLESS AND INDEMNIFICATION: Contractor covenants to save, defend, keep harmless and indemnify the City, its officers, officials, employees or volunteers

(collectively the “City”) from and against any and all claims, loss, damage, injury, cost (including court costs and attorney fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected to Contractor’s actions, performance, or operations relating to contract, including any and all sub-contractors involved in the contract

Bidder’s Responsibilities

When determining whether a Bidder is responsible, or when evaluating a Bid, the following factors may be considered, any of which will suffice to determine whether a Bidder is responsible or the Bid is the most advantageous to the City.

The ability, capacity and skill of the Bidders to perform the contract or provide the equipment and/or service required.

The character, integrity, reputation, judgment, experience and efficiency of the Bidders.

Whether the Bidders can perform the contract within the time specified.

The quality of performance of previous public and private contracts or services, including, but not limited to, the Bidder’s failure to perform satisfactorily or complete any written contract. The City’s termination for default of a previous contract with a Bidder, within the past three years, shall be deemed to be such a failure.

The previous and existing compliance by the Bidders with laws relating to the contract or service.

Evidence of collusion with any other Bidders, in which case colluding Bidders will be restricted from submitting further Bids on the subject project or future Bids, for a period not less than three (3) years.

The Bidders has been convicted of a crime of moral turpitude or any felony, excepting convictions that have been pardoned, expunged or annulled, whether in this state, in any other state, by the United States, or in a foreign country, province or municipality. Bidders shall affirmatively disclose to the City all such convictions, especially of management personnel or the Bidders as an entity, prior to notice of award or execution of a contract, whichever comes first. Failure to make such affirmative disclosure shall be grounds, in the City’s sole option and discretion, for termination for default subsequent to award or execution of the contract.

If the Bidders will be unable, financially or otherwise, to perform the work.

At the time of the Bid opening, the Bidder is not authorized to do business in the State of Georgia, or otherwise lacks a necessary license, registration or permit; or the Bidder is disbarred or suspended from federal government.

Any other reason deemed proper by the City.

HUD Special Terms and Conditions:

1) Successful bidder/contractor and subcontractors must comply with federal laws and provisions included in Attachment B, including but not limited to Labor Standards, Equal

Employment Opportunity requirements, the Copeland “Anti‐Kickback” Act, the Davis‐Bacon

Act, Contract Work Hours and Safety Standards Act, Section 3 of the Housing and Urban Development Act and other requirements as set forth in the bid documents. Minority and Women Owned Business Enterprises and Section 3 Business Concerns seeking bid opportunities under this project are encouraged to respond.

2) Prevailing Wage: This project will be funded in whole or in part with federal housing and community development funds through the U.S. Department of Housing and Urban Development (HUD). Successful bidder shall comply with the Davis-Bacon Act Wage Determination “General Decision Number: GA20240040 09/20/2024” (Residential Construction), Modification Number 1, last published/modified on September 20, 2024, and attached hereto as Attachment C. Submit corresponding certified payroll reports with Payment Requests.

3) Build America, Buy America (BABA): Successful bidder/contractor and subcontract(s) shall comply with the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices as amended. BABA preference only applies to the iron and steel, manufactured products and construction materials incorporated into an infrastructure project. BABA preference only applies to articles, materials, and supplies that area consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, equipment and furnishings not an integral part of the structure or permanently affixed to the infrastructure improvement.

a) This bid is for work related to a project that is subject to the Build America, Buy America act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act, Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation guidance on application of Buy America preference in federal financial assistance programs for infrastructure, April 18, 2022.

b) Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L.

177-58. If the Instructions include a Federal requirements section, include the following: BABAA requirements apply to this project.

c) Definitions: Build America, Buy America Act (BABAA) – Requirements instituted by the Bipartisan Infrastructure Law of 2021 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States. Construction Materials – Those articles, materials, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that are or consist primarily of: non-ferrous metals, plastic and polymer-based products, glass, lumber or drywall. Manufactured Product – Items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the project. Manufacturer’s Certification – Documentation provided by a Manufacturer, certifying that the items provided by Manufacturer meet the domestic preference requirements of BABAA.

d) All products must meet BABAA requirements. Contractor shall include Manufacturer’s Certification for BABAA requirements with all applicable submittals. If a specific manufacture is used in the bidding, a statement that Manufacturer will comply with BABAA must be included with the bid submission. Contractor shall comply with BABAA requirements, including coordination with manufacturers, distributors, and suppliers to correct deficiencies in any BABAA documentation. Engineer/Architect approval of shop drawings or samples shall include review of BABAA documentation. Contractor shall certify upon completion that all work and materials have complied with BABAA requirements. For any change orders, Contractor shall provide BABAA documentation for any new products or materials required by the change. Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work. Contractor should ensure that Engineer/Architect has an approved Manufacturer’s Certification or waiver prior to items being delivered to the project site.

By submitting an application for payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials, to contractor’s knowledge, are compliant with BABAA requirements.

e) Domestic Preference: Iron and steel products, Manufactured Products, and Construction Materials used in this project comply with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

4) HUD Section 3: This project is being funded in whole or in part with federal Community Development Block Grant (CDBG) funds, and as such, the work to be performed under this bid/contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”).

a) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with preference for both targeted workers living in the service area of neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 (“Section 3 Regulations”).

b) The parties agree to comply with HUD's regulations in Section 3 Regulations, which implement Section 3. As evidenced by their submittal of a bid response, the Bidder certifies that they are under no contractual or other impediments that would prevent them from complying with Section 3 Regulations.

c) The successful bidder/contractor agrees to send to each labor organization or representative of workers with which the successful bidder/contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the successful bidder’s/contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) the qualifications for each; (iv) name and location of the person(s) taking applications for each of the positions; and (v) the anticipated date the work shall begin.

d) The successful bidder/contractor agrees to include this Section 3 clause in every subcontract subject to compliance with Section 3 Regulations, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor violates the regulations in

Section 3 Regulations. The successful bidder/contractor will not subcontract with any subcontractor where the City or successful bidder/contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in Section 3 Regulations.

e) The successful bidder/contractor will certify that any vacant employment positions, including training positions, that are filled (i) after a successful bidder/contractor is selected but before the contract is executed, and (ii) with persons other than those to whom the regulations of Section 3 Regulations require employment opportunities to be directed, were not filled to circumvent the successful bidder’s/contractor's obligations under Section 3 Regulations.

f) Noncompliance with HUD's regulations in Section 3 Regulations may result in sanctions, termination of contract for default, and debarment or suspension from future HUD-assisted contracts.

g) Successful bidder/contractor will be required to submit to the City Section 3 certifications (Business Concern, Employer and/or Employee Self-Certifications) included as Exhibit D and monthly Performance and Summary Reports.

h) Section 3 Benchmarks for this project shall include labor hours worked by:

i. Section 3 Worker(s) defined as any worker who currently fits or when hired within the past five years fit at least one of the following categories: a low or very low-income worker, OR employed by a Section 3 business concern (as defined by HUD and with official documentation), OR YouthBuild participant.

ii. Target Section 3 Worker(s) defined as any worker employed by a Section 3 business concern (as defined by HUD and with official documentation) OR currently fits or when hired fit at least one of the following categories as documented within the past five years: living within the service area (an area within one mile of the Section 3 project) or the neighborhood of the project as defined in 24 CFR 75.5, OR is YouthBuild participant.

i) Section 3 benchmarks for this project are as follows:

i. Section 3 Worker Labor Hours = 25% of total labor hours worked on this CDBG-funded project.

ii. Targeted Section 3 Worker Labor Hours = 5% of total labor hours worked on this CDBG-funded project.

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CONTRACTOR ACKNOWLEDGEMENT OF SPECIAL TERMS AND CONDITIONS

Recipient acknowledges that they have reviewed and will comply with the “HUD Special Terms and Conditions” as stated above, if selected as the successful Bidder.

More specifically, the undersigned does hereby certify that they have read and understood the Section 3 clause and requirements that apply to this project, said requirements being known as the Section 3 Clause found in 24 CFR 75, as amended in the Section 3 Final Rule on 9/29/2020 (the Final Rule), and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements.

Name and Title of Person Authorized to Sign:

By: (signature required)

(Company Officer name and title)

Date:

Attest:

(SEAL)

(Print/type name and title)

**The City of Gainesville is an equal opportunity owner/employer and will not discriminate against any vendor because of race, creed, color, religion, sex, national origin, or ADA disability status.

*** The City of Gainesville will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d—42 USC 2000d—4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement.

City of Gainesville

INVITATION TO BID

Bid No. 25001

This form must be completed and signed for bid to be considered.

With my signature, I certify that I am authorized to commit my firm to the Bid and that the information herein is valid for 90 days from this date. I further certify that all information presented herein is accurate and complete and that the scope of work can be performed as presented in this Bid upon the City’s request.

Postal Return Address: Courier Delivery Address:

City of Gainesville City of Gainesville Purchasing Office Purchasing Office P. O. Box 2496 300 Henry Ward Way, Room 201 Gainesville, GA 30503 Gainesville, GA 30501

Bid Response:

Price: $

Timeline: Start Date: ___________________________ Completion Date: ________________________

Having read and responded to all attached specifications, the undersigned offers the above quoted prices, terms and conditions.

Signed, sealed, and delivered

In the presence of: (Name of Company)

By:

Unofficial Witness (Person authorized to sign binding contract)

Title:

Notary Public Attest:

Commission Expires: (Officer of Company if Corporation)

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION 00 40 00.16

COMPANY’S BUSINESS LICENSE OR ARTICLES OF INCORPORATION

PLEASE STAPLE TO THIS PAGE THE ABOVE TITLED APPLICABLE DOCUMENTS.

SECTION 00 41 53 - 1

BID-UNIT PRICE

SITE WORK & INFRASTRUCTURE IMPROVEMENTS FOR SUMMIT STREET COTTAGES

CITY OF GAINESVILLE, GAINESVILLE, GEORGIA

Date: _________________________

TO: City of Gainesville

Financial Services Department 300 Henry Ward Way, SE, Suite 201

Gainesville, Georgia 30501

Having carefully examined the Bidding Documents entitled “Site Work & Infrastructure Improvements for Summit Street Cottages” and all its addenda as listed below, as well as the premises and conditions affecting the Work, the Undersigned hereby proposes to furnish all services, labor and materials, tools and equipment necessary to perform the Work in strict conformance with the terms, conditions, provisions, Schedules, Specifications and Drawings as set forth in the Bidding Documents.

The Project consists of the following major elements: Furnishing all products and performing all labor necessary for demolition and grading of the site, the construction of an alleyway/street, construction of water and sanitary sewer service lines and connections, stormwater infrastructure and pond, and other miscellaneous items necessary to complete the site work and infrastructure improvements.

The Bidder proposes and agrees, if this bid is accepted, to contract with the City of Gainesville in the form of contract agreement specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation, material and labor necessary to satisfactorily complete the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents, and to the full and entire satisfaction of the City of Gainesville with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents, for the following prices:

BID-UNIT PRICE

Item No. Description UNIT QUANTITY UNIT PRICE TOTAL

General & Grading

1 Traffic Control LSUM 1

2 Clearing and Grubbing (1.47 acres) AC 1.47

3 Earthwork (Grading) 3,637 CY Cut, 3,362 CY Fill. = 275 CY waste LSUM 1

4 Detention Pond Grading EA 1

5 Demolition of Pavement (Asphalt) SF 70

6 Demolition of Curb & Gutter LF 95

7 Demolition of Buildings SF 0 N/A N/A

8 Demolition of Walls SF 0 N/A N/A

9 Demolition of Bleachers SF 0 N/A N/A

10 Demolition of Fencing LF 0 N/A N/A

11 Mail Kiosk EA 0 N/A N/A

Sanitary Sewer

12 4' Concrete Manhole (sanitary sewer only) EA 1

13 4' Manhole Riser (sanitary sewer only) VF 5

14 Connect to Existing EA 1

15 Clean Up and Testing, Gravity Sewer LF 142

16 Vacuum Testing of Manhole EA 2

17 8" D.I.P. Gravity Sewer, SDR 26 (0'-12') LF 142

18 6" D.I.P. Service Lateral EA 272

19 Sanitary Sewer Cleanout EA 8

Storm

20 Weir Inlet EA 0 N/A N/A

21 Curb Inlet EA 0 N/A N/A

22 Grate Inlet EA 3

23 Flared End Section EA 0 N/A N/A

24 Junction Box EA 0 N/A N/A

25 4' Concrete Manhole Riser VF 20

26 5' Concrete Manhole Riser VF 0 N/A N/A

27 6' Concrete Manhole Riser VF 0 N/A N/A

28 7' Concrete Manhole Riser VF 0 N/A N/A

29 Outlet Control Structure (4' Diameter) EA 1

30 Concrete Headwall, 18" EA 1

31 Concrete Headwall, 24" EA 1

32 Reinforced Concrete Pipe, 24" LF 35

33 Aluminized Type II Steel Coated Pipe, 18" LF 185

34 Aluminized Type II Steel Coated Pipe, 24" LF 0 N/A N/A

35 Anti-Seep Collars EA 1

Asphalt and Concrete

36 1.5" Asphaltic Concrete, "F" Mix SY 1,280

37 Tack (placed between Asphalt Binder and "F" Mix) SY 1,280

38 2.5" Asphaltic Concrete, "E" Mix SY 1,280

39 Prime (placed between GAB and Asphalt Binder) SY 1,280

40 6" Graded Aggregate Base* SY 1,280

BID NO. 25001

SITE WORK & INFRASTRUCTURE IMPROVEMENTS FOR SUMMIT STREET COTTAGES

Site Area 1.7 AC / Disturbed Area 1.47 AC

Printed: 11/18/2024 10:56 AM 1 of 3

BID-UNIT PRICEBID NO. 25001

SITE WORK & INFRASTRUCTURE IMPROVEMENTS FOR SUMMIT STREET COTTAGES

Site Area 1.7 AC / Disturbed Area 1.47 AC

Item No. Description UNIT QUANTITY UNIT PRICE TOTAL

Water

41 6" D.I.P. Pressure Pipe (Water Mains) LF 304

42 6" Gate Valve EA 1

43 45° Bend (6") EA 2

44 6" Plug for future connection. Pour deadman & rod to valve EA 1

45 Fire Hydrant Assembly EA 1

46 Proposed Connection to Existing Water Main (6" tapping sleeve & valve) EA 1

47 3/4" Service Connection EA 4

Erosion Control

48 Hay Bale Check Dams EA 2

49 Stone Check Dams EA 0 N/A N/A

50 Strom Drain Outlet Protection EA 2

51 Pond Spillway EA 2

52 Filter Ring EA 2

53 Pond Skimmer EA 1

54 Diversion Ditches (Di) LF 65

55 Silt Fence, Type S LF 824

56 Inlet Sediment Trap (Sd2-F + conversion to Sd2-P if necessary) EA 3

57 Slope Mat (Mb/Ss) SY 2,900

58 Temporary Grassing AC 1.2

59 Permanent Grassing AC 1.2

60 Temporary Sediment Basin (Sd4-C) EA 1

61 Construction Exit (Co) EA 1

62 Tree Protection Fence LF 858

63 Chain-Link Fence - 5-ft High, Black Vinyl-Coated (detention ponds) LF 466

Chain-Link Fence Gate - 12-ft Wide, Bi-Swing with Truss Rods & Gate

Latch that can be Padlocked (detention ponds)

EA 1

Traffic Control

65 Thermoplastic Solid Traffic Stripe, 6", White (Parking) LF 72

66 Thermoplastic Solid Directional Traffic Arrow, White EA 7

67 Thermoplastic Solid Traffic Stripe, 24", White EA 1

68 Do Not Enter Sign (M.U.T.C.D. R5-1) EA 2

69 No Right Turn Sign (M.U.T.C.D. R3-1) EA 1

70 Stop Sign (M.U.T.C.D. R1-1) EA 2

Landscaping

71 Bloodgood Japanese Maple (B&B, 3" CAL.) EA 5

72 Bracken's Brown Beauty Southern Magnolia (B&B, 3" CAL.) EA 2

73 Crimson Fire Fringe Flower (Container, 7 GAL.) EA 59

74 Dwarf Yaupon Holly (Container, 7 GAL.) EA 41

75 Red Switch Grass (Container, 3 GAL.) EA 16

76 Lilyturf (Container, 1 GAL.) EA 77

77 Tripple Hammered Brown Mulch @ 3" Depth CY 22

78 Tiftuf Bermuda Grass Sod / Cynodon Dactylon x Transvaalensis 'DT-1' SF 25,573

79 Common Bermuda Grass - Seed Mix (4-lbs per 1,000-SF) SF 18,799

Trees

Shrubs

Ground Cover

Mulch/Sod

Printed: 11/18/2024 10:56 AM 2 of 3

BID-UNIT PRICEBID NO. 25001

SITE WORK & INFRASTRUCTURE IMPROVEMENTS FOR SUMMIT STREET COTTAGES

Site Area 1.7 AC / Disturbed Area 1.47 AC

BID TOTAL IN THE AMOUNT OF:

DOLLARS ($ ________________________________________)

Printed: 11/18/2024 10:56 AM 3 of 3

SECTION 00 41 53 - 5

The Bidder declares that he understands that the quantities shown for unit price items are subject to either increase or decrease, and that should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract Amount by direct increase or decrease.

In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply and the totals shall be corrected by the "Owner" to agree with the unit prices. In case of discrepancies between written amounts and figures, written amount shall take precedence over figures and the sum of all Bid extensions (of unit prices) plus lump sum items shall take precedence over BID TOTAL.

The Undersigned agrees, if awarded the contract, to commence the work within ten (10) calendar days of receipt of Notice to Proceed and complete the work within six months of receipt of said Notice to Proceed, as per the General Conditions.

Attached hereto is Bid Security in the form of a (__) Bid Bond, (__) Certified Check, or (__) Bank Cashier’s Check, in accordance with the Instruction to Bidders in the amount of not less than five percent (5%) of the Base Bid. The Undersigned agrees that, in case of failure on his part to execute the Contract and provide the required Contract Bonds within ten (10) days after being given the same by the Owner for execution, the Bid Bond accompanying this bid is callable;

otherwise said Bid Bond shall be returned to the Undersigned upon completion of such obligations.

SECTION 00 41 53 - 6

The Bidder operates as:

Individual

Partnership

Corporation in the State of

Receipt of Addenda:

Bidder Acknowledges receipt of Addendum No. 1 dated ______________.

Bidder Acknowledges receipt of Addendum No. 2 dated ______________.

Bidder Acknowledges receipt of Addendum No. 3 dated ______________.

Respectfully Submitted, BY: (SEAL)

(Signature, by Officer of Corporation)

Name of Bidder (Typed or Print)

Phone:

Company:

Fax:

Address:

Witness:

(Officer of Corporation)

END OF SECTION

SECTION 00 43 13 - 1

BID BOND

STATE OF GEORGIA COUNTY OF HALL

KNOW ALL MEN BY THESE PRESENTS, that we, ____________________________ as Principal, and as _________________________________________________ Surety, are held and firmly bound unto the City of Gainesville, Georgia in the sum of ________________________________________________________________ Dollars ($_______________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the Owner a Bid for the project known as:

NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall, within ten (10) days after receipt of conformed Contract Documents, execute a Contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Contract Documents and execute sufficient and satisfactory separate Performance and Payment Bonds, as applicable, payable to the Owner, each in an amount of one hundred (100) percent of the total Contract Price, in form satisfactory to the Owner, then this obligation shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-10-1 et. seq. and all the provisions of the law referring to this character of bond as set forth in said Sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full.

IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this _________ day of _____________________, 20______.

SECTION 00 43 13 - 2

BID BOND

CONTRACTOR - PRINCIPAL:

BY:

Name:

(Please Print)

ATTEST:

Name:

(Please Print)

Note: Attest for a corporation must be by the…