THE HOUSING AUTHORITY OF THE CITY OF DURHAM

INVITATION FOR BIDS

Capital Construction Project – Hayti Heritage Center

BID #26-OO6

DURHAM HOUSING AUTHORITY

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

Table of Contents

[Table No. 1]

Section Description Page Introduction 3 BID Information at a Glance 3

1.0 The Agency’s Reservation of Rights 4

2.0 Scope of Work/Technical Specifications 5

2.1 Specific Scope of Work 5

2.2 Contractor Responsibilities (in alpha order) 5

3.0 Bid Format 8

3.1 Bid Documents to be Submitted 8

3.2 Entry of Proposed Fees 10

3.3 Bonds 11

3.4 Bid Submission Responsibilities 13

3.5 Proposer’s Responsibilities — Contact with the Agency 13

3.6 Recap of Attachments 14

4.0 Bid Evaluation 15

4.1 Public Opening 15

4.2 Responsive Evaluation 15

4.3 Responsible Evaluation 15

5.0 Contract Award 16

5.1 Contract Award Procedure 16

5.2 Contract Conditions 16

5.3 Contract Period 17

5.4 Licensing and Insurance Requirements 17

5.5 Contract Services Standards 18

5.6 Prompt Return of Contract Documents 18

INTRODUCTION

The Housing Authority of the City of Durham (DHA or Agency) is an autonomous, non-profit municipal entity created by the City of Durham in 1949 pursuant to state law and the National Housing Act of 1937. The Authority exists to provide safe, decent, and sanitary housing for low-income families in Durham in accordance with the rules and regulations prescribed by the U.S. Department of Housing and Urban Development (HUD) and other federal agencies. The mission of DHA is to be a leader for affordable housing in Durham County by serving as a housing safety net, promoting individual self-sufficiency, and leveraging core housing competencies. To support DHA’s mission, the agency manages real estate and participates in the development of mixed income housing.

In 2022, DHA, in partnership with the City of Durham, was awarded a Choice Neighborhoods Implementation Grant from the U.S. Department of Housing and Urban Development (HUD), to support the redevelopment of two DHA-owned properties in downtown Durham. Choice Neighborhoods grant funds are also intended to be utilized to support investments in the surrounding neighborhood. DHA intends to invest a combination of Choice Neighborhoods funds and additional Community Development Block Grant funds from the City of Durham to support the work outlined in this bid document.

BID INFORMATION AT A GLANCE

[Table No. 2]

AGENCY CONTACT PERSON Andy Goolsby, AIA - withArchitecture andy@witharchitecture.com

HOW TO OBTAIN THE BID DOCUMENTS

ON THE EPROCUREMENT MARKETPLACE

1. Access ha.internationaleprocurement.com (no “www”).

2. Click on the “Login” button in the upper left side.

3. Follow the listed directions.

4. If you have any problems in accessing or registering on the eProcurement Marketplace, please call customer support at (866)526-9266.

PRE-PROPOSAL SITE VISIT Monday, September 21, 2026 at 10:00 am Hayti Heritage Center 804 Old Fayetteville Street Durham, NC 27701

QUESTION SUBMITTAL DEADLINE Monday, September 28, 2026, at 5:00 pm Questions should be submitted to the agency contact person listed above.

HOW TO FULLY RESPOND TO THIS BID BY

SUBMITTING A BID SUBMITTAL

As instructed within Section 3.0 of the BID document, submit 1 copy of your “electronic” bid to procurement@dha-nc.org

BID SUBMITAL RETURN & DEADLINE Tuesday, October 13, 2026, at 3:00 pm

1.0 THE AGENCY’S RESERVATION OF RIGHTS. The Agency reserves the right to:

1.1 Right to Reject, Waive, or Terminate the BID. Reject any or all bids, to waive any informality in the BID process, or to terminate the BID process at any time, if deemed by the Agency to be in its best interests.

1.2 Right to Not Award. Not to award a contract pursuant to this BID.

1.3 Right to Terminate. Terminate a contract awarded pursuant to this BID, at any time for its convenience upon a 10-day written notice to the successful proposer(s).

1.4 Right to Determine Time and Location. Determine the days, hours, and locations that the successful proposer(s) shall provide the services called for in this BID.

1.5 Right to Retain Bids. Retain all bids submitted and not permit withdrawal for a period of

60 days subsequent to the deadline for receiving bids without the written consent of the Agency Contracting Officer (CO).

1.6 Right to Reject any Bid. Reject and not consider any bid that does not meet the requirements of this BID, including but not necessarily limited to incomplete bids and/or bids offering alternate or non-requested services.

1.7 No Obligation to Compensate. Have no obligation to compensate any proposer for any costs incurred in responding to this BID.

1.8 Right to Prohibit. At any time during the BID or contract process to prohibit any further participation by a proposer or reject any bid submitted that does not conform to any of the requirements detailed herein. By accessing the eProcurement Marketplace (hereinafter also the “Marketplace”) and by downloading this document, each prospective proposer is thereby agreeing to abide by all terms and conditions listed within this document and within the eProcurement Marketplace, and further agrees that he/she will inform the CO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the Agency that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve the Agency, but not the prospective proposer, of any responsibility pertaining to such issue(s).

1.9 Right to Reject – Obtaining Competitive Solicitation Documents. The eProcurement

Marketplace is the only official and appropriate venue to obtain the competitive solicitation documents (and any other information pertaining to the competitive solicitation such as addenda). Accordingly, by submitting a response to this competitive solicitation the respondent thereby affirms that he/she obtained all information on the eProcurement Marketplace. Any other group such as a bid depository that informs potential respondents of the availability of such competitive solicitations are hereby instructed to not distribute these documents to any such potential respondents, but to instruct the potential respondents to visit the eProcurement Marketplace to obtain the documents. The Agency will reject without consideration any response submitted from a firm that has not obtained the documents from the eProcurement Marketplace.

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

2.0 SCOPE OF WORK/TECHNICAL SPECIFICATIONS. The Agency is seeking bids from qualified, licensed, and insured entities to provide the following detailed services:

2.1 Specific Scope of Work. Since 1975, the Hayti Heritage Center, located in the heart of the historic Hayti Community, has been a place for community gathering and learning, a cultural anchor of Black scholarship, art, and entrepreneurship. The Hayti Heritage Center includes the historic St. Joseph’s A.M.E. Church (1891), subsequently renovated in 1991, 2001, and 2010, and two building additions (1952 and 1991). The proposed project scope includes exterior repairs to the historic building and exterior and interior repairs to the 1952 and 1991 additions that together comprise the Hayti Heritage Center.

St. Joseph’s A.M.E. Church is a two-story masonry building located on the northeast portion of the Hayti Heritage Center. Based on its historical significance, St. Joseph’s was placed on the National Register of Historic Places in 1976. Work to this portion of the building is primarily exterior repairs to the historic structure and includes masonry cleaning and repointing, wood trim repair and replacement, slate roof repair, gutter and downspout replacement, door replacement, parge coat repair and painting. The documents were reviewed by The North Carolina Department of Natural and Cultural Resources, State Historic Preservation Office (SHPO), and in a letter dated July 11, 2025, determined that the work will not adversely affect the historic St. Joseph’s A.M.E. Church.

In addition to repairs of the historic building, the 1952 and 1991 buildings, and overall Hayti Heritage Center will undergo multiple repairs and new construction. These include membrane and gable roof replacement, metal roofing accessory replacement, and new basement entry canopy.

Project Manual, Drawings, and Appendix Information can be found via the OneDrive Link:

https://1drv.ms/f/c/5086fc74d42627b4/IgBtA4cE5c7gRaIpxtUsmC-SAeZ-cUGB1qcWre67vu_iOQs?e=fLLThU

2.2 Contractor Responsibilities (in alpha order).

2.2.2 As-built Record Documents. Do not use Record Documents for construction purposes; protect from loss in a secure location; provide access to Record Documents for the Agency's reference.

2.2.2.1 If issued, maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark-up these drawings to show the actual installation. Mark whichever drawing is most capable of showing conditions accurately. Give particular attention to concealed elements that would be difficult to measure and record at a later date.

2.2.3 Communication. The Agency shall be the primary on-site point of contact for the Contractor pertaining to this work. The Contractor shall be free to converse and communicate with the Agency during or between visits;

however, all requests for changes or decisions shall be submitted to the

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

Agency and approved by the Executive Director after receipt and consideration of written request from the Agency. The Agency anticipates that it will typically make a decision in such matters within 3 workdays of receipt, though such response time-frame may be shorter or longer depending on the situation; accordingly, the Contractor shall be required to submit such written requests in as timely a manner as reasonably possible.

When construction commences, all communication must be directed to the designated Agency contact person only.

2.2.4 Contract End Items. Upon completion of the project the Contractor must submit the following:

2.2.4.1 A separate payment request for the retainage;

2.2.4.2 A one-year warranty letter from the Contractor;

2.2.4.3 Consent of Surety to Final Payment;

2.2.4.4 Contractor’s Affidavit of Release of Liens;

2.2.4.5 Contractor’s Certificate and Release; and

2.2.4.6 As- builts (Mark-ups delivered to Agency).

2.2.5 Contractor’s Request for Payment.

2.2.5.1 The Agency is responsible for making progress payments.

Typically, progress payments for acceptable work and materials delivered and stored on the site will be made at 30-day intervals.

2.2.5.2 Payment will be based on the percentage of work completed during a one-month period.

2.2.5.3 A 10% retainage will be held on each payment request. A separate payment request for the return of the retainage will be required at the completion of the work.

2.2.5.4 Request for Payment Forms. The Contractor shall submit a request for payment for this project on the following forms:

[Table No. 3] (1)

BID

Section

(2) Attachment

No.

(3)

Form Description

2.2.5.4.1 AIA G702 Payment Application and Certificate for

Payment, Current Addition

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

AIA G703 Continuation Sheet for Payment Application, Current Addition

2.2.5.4.2 E-7 All relevant Subcontractors Weekly Certified Payrolls must accompany the payment request utilizing form WH-347 or comparable document approved in advance by DHA

Photographs of original condition, work in progress and completed work.

2.2.5.4.3 N/A Retainage. The Request for Payment form must list and clearly identify the retainage in the amount of 10% as a deduction to the subtotal of charges on the Request for Payment.

2.2.5.5 Review and Approval. The Agency will review each such

Contractor request for payment and will approve the payment only if the following listed conditions are met. If the Contractor requests payment items which have not been completed in a satisfactory manner (“satisfactory,” as determined at the sole discretion of the Agency), the Agency shall hold payment for the unsatisfactory items, and pay the balance of the request (i.e., the undisputed portion). The Agency shall ensure:

2.2.5.5.1 The request for payment is consistent with the

Agency-approved schedule of amounts for contract payments; and,

2.2.5.5.2 As further detailed within the preceding Section

2.2.5.3 herein, the total of the request for payment does not include the amount to be retained by the Agency under the contract (retention or retainage); and,

2.2.5.5.3 The work covered by the request for payment

has been performed in accordance with the construction documents; and,

2.2.5.5.4 The Payment Form has been properly executed

on all applicable supporting documentation submitted; and,

2.2.5.5.5 The Contractor has submitted all required

reports such as payroll reports.

2.2.5.6 Distribution of Documents. The Contractor shall submit 1 original electronic copy. The Agency shall retain payment requests and all applicable supporting documentation for its file.

2.2.6 Davis Bacon Wage Rates. As detailed within pertinent HUD and Federal regulation, the Contractor is required to pay Davis-Bacon wage rates (for all “construction contracts in excess of $2,000”). The applicable Wage Rates pertaining to the work detailed herein is attached hereto and detailed within Attachment E-6. This work will be subject to all the requirements pertaining to Davis-Bacon work, including the applicable Federal forms and procedures (i.e., on-site interviews; certified payrolls; etc.).

2.2.6.1 The Contractor shall, during the term of the work, within 7 days of the end of any weekly payroll period, forward to the Agency a copy of the weekly payroll.

2.2.6.2 The Contractor is hereby made aware that the Agency will conduct periodic on-site wage surveys of the Contractor's staff working at the site. It is the responsibility of the Contractor to ensure that such work staff cooperate fully with the Agency interviewer.

2.2.7 Permits. The Contractor shall obtain any and all required permits pertaining to any assigned work at his/her expense.

2.2.8 Time of Completion. The Contractor shall commence work under the ensuing contract on a date to be specified within the Notice to Proceed (NTP) form issued by the Agency and shall fully complete all work thereunder within 240 calendar days of execution of the NTP. NOTE: Any proposer that may have any concerns pertaining to the noted time of completion may bring this up at the Pre-bid Conference. Normal working hours shall be Monday through Friday, 8:00 AM to 4:30 PM ET. All other working hours require pre-approval. Provide a minimum of five (5) working days for approval and planning.

2.2.9 Weekends. Unless otherwise approved by the Agency in writing, the Contractor shall not perform work on site during a holiday, nor weekend days (Saturday or Sunday).

2.2.10 Work Standards. It is the responsibility of the Contractor to ensure that each worker provided by the Contractor shall be fully trained and qualified to provide any assigned work. Accordingly, all work provided shall be guaranteed by the Contractor to be performed in a workmanlike manner and in accordance with all applicable laws, codes, and/or regulations, including those issued by, but not limited to, the County of Durham (and/or, if applicable, any city jurisdiction therein in which work will be performed), and/or the State of North Carolina, or any applicable Federal Agency.

Smoking is prohibited within the building and within the building property boundaries.

3.0 BID FORMAT

3.1 Bid Submittal. The Agency intends to retain the Contractor pursuant to a “Best Value” basis, not a “Low Bid” basis (“Best Value,” in that the Agency will, as detailed within the following Section 4.0 herein, consider factors other than just cost in making the award decision).

Therefore, so that the Agency can properly evaluate the offers received, all bids submitted in response to this IFB must be formatted in accordance with the sequence noted within the table below. None of the proposed services may conflict with any requirement the Agency has published herein or has issued by addendum.

[Table No. 4]

IFB

Section

Tab No.

Description

3.1.1 Step #1: Bid Submission

3.1.1.1 1 Form of Bid. This Form is attached hereto as Attachment A to this

IFB document. This 2-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the initial bid submittal.

3.1.1.2 2 HUD Choice Neighborhoods Subgrantee and Contractor Certifications and Assurances. This form is attached hereto as Attachment B to this IFB document. Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the bid submittal.

3.1.1.3 3 Section 3 Business Preference Documentation (Optional Item). For any bidder claiming a Section 3 Business Preference, they shall under this tab include the fully completed and executed Section 3 Business Preference Certification Form attached hereto as Attachment D and any documentation required by that form.

3.1.1.4 4 DHA Pricing Sheet. This form is attached hereto as Attachment F to this IFB document.

3.1.1.5 5 Bid Bond (only if bid exceeds $100,000)

3.1.2 Step #2: Documentation/information to be submitted, within 5 days, only by the apparent low bidder(s) when directed to do so by the Agency.

3.1.2.1 1 Licensing. Submit under this Tab the license(s) detailed within the following Section 5.4 herein.

3.1.2.2 2 Profile of Firm Form. The Profile of Firm Form is attached hereto as Attachment C to this IFB document. This 2-page Form must be fully completed, executed and submitted under this tab as a part of the bid submittal.

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

3.1.2.3 3 Managerial Capacity/Financial Viability. The bidder entity must submit under this tab a concise description of its managerial and financial capacity to deliver the proposed services, including brief professional resumes for the persons identified within areas (5) and

(6) of Attachment C, Profile of Firm Form. Such information shall include the bidder’s qualifications to provide the services, including a description of the background and current organization of the firm.

3.1.2.4 4 Client Information. The bidder shall submit a listing of former or current clients, including Public Housing Agencies, for whom the bidder has performed similar or like services to those being proposed herein. The listing shall, at a minimum, include the client’s company name, contact person name, telephone number, e-mail address, and a brief description of the scope of services and the dates the services were provided.

3.1.2.5 5 Subcontractor/Joint Venture Information (Optional Item). The bidder shall identify hereunder whether or not they intend to use any subcontractors for this job, if awarded, and/or if the bid is a joint venture with another firm. Such information pertaining to subcontractors shall include for each such firm the: firm name;

name of contact person; telephone and email address; and the State of North Carolina contractor license number.

3.1.2.6 6 DHA Required Forms. Attached to this IFB Document are Attachments G-I: DHA Harassment Policy Certification, DHA Hold Harmless Agreement, & DHA Non-Collusive Affidavit.

3.1.2.7 7 Other Information (Optional Item). The bidder may include hereunder any other general information that the bidder believes is appropriate to assist the Agency in its evaluation.

3.1.2.8 Insurance Certificates. The apparent successful bidder will also direct its insurance broker or carrier to deliver directly to the Agency (by email is preferred) the insurance certificates detailed within the following Sections

5.4.1 through 5.4.3 herein. NOTE: The apparent successful bidder will NOT deliver these certificates—the insurance broker or carrier will do so.

3.1.2.7 Optional Tabs. If no information is to be placed under any of the above noted tabs (especially the “Optional” tabs), please place there under a statement such as “NO INFORMATION IS BEING PLACED UNDER THIS TAB” or “THIS TAB LEFT INTENTIONALLY BLANK.” DO NOT eliminate any of the tabs.

3.2 Entry of Proposed Fees.

3.2.1 Pricing Item(s). Unless otherwise stated, the proposed fees are all-inclusive of all related costs that the successful proposer will incur to provide the noted services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools;

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

equipment; long distance telephone calls; travel expenses; document copying not specifically otherwise agreed to by the Agency; etc.

3.2.2 Price Escalation. Pertaining to the ensuing contract, there shall be no escalation of the proposed costs allowed at any time during the awarded contract except for any legitimate change orders that may be approved by the Agency.

3.2.3 Prior Agency Approval Required. Please note that the successful proposer shall

NOT conduct any additional work without the prior written authorization of the Agency representative. Failure to abide by this directive shall release the Agency of any obligation to pay the successful proposer for any work conducted without the noted prior written authorization.

3.2.4 No Deposit/No Retainer. The Agency will NOT pay any deposit or retainer fees at any time as a result of award of the ensuing contract (though the Agency may consider, under certain circumstances, a reasonable and justified payment for mobilization).

3.2.5 Davis Bacon Federal Wage Rates. As detailed within pertinent HUD and Federal regulation, the Contractor is required to pay Davis-Bacon wage rates (for all “construction contracts in excess of $2,000”). The applicable Wage Rates pertaining to the work detailed herein is attached hereto and detailed within Attachment E-6. This work will be subject to all the requirements pertaining to Davis-Bacon work, including the applicable Federal forms and procedures (i.e., on-site interviews; certified payrolls; etc.).

3.3 Bonds. As this solicitation pertains to public works or construction, the bonds that are required include (each required for construction bids and/or contracts in excess of $100,000):

3.3.1 Bid Bond. The bid bond or guarantee shall be included in the bid package submitted by each proposer for any proposed fee that is greater than $100,000 (please see the preceding Section 3.1.3 herein). This bond ensures that if awarded the contract, the proposer will accept and perform the work under the contract. It also ensures that the proposer will not attempt to withdraw or otherwise not fulfill the contract. Finally, the bid bond ensures that the proposer will execute the contractual documents that are required within the time specified in the solicitation or forfeit all or part of the guarantee. A certified check, bank draft, U.S. Government Bonds at par value, bid bond secured by an acceptable surety company, or other negotiable instrument may be accepted as a bid guarantee. If the successful proposer refuses to sign the contract after award, the bid bond is forfeited, and then award will be made, if appropriate, to the next-lowest responsive and responsible proposer. If a bid bond or guarantee is not submitted with the bid, the Agency will reject the bid as non-responsive.

The Agency anticipates that it will not return any bid bonds until the contract has been awarded and the required performance and payments bonds have been furnished; until all bids have been rejected; or the time specified for

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

acceptance of bids has expired. In fairness to the other proposers, the Agency may also choose to return the bid bonds if the Agency has a firm and reasonable assurance that the responsive and responsible proposer who submitted the lowest cost will execute the contract.

3.3.2 Performance Bond. The performance bond is meant to ensure that the contract is successfully completed. The performance bond guarantees that if the Contractor is unable to complete the contract, the surety company will step in to finish the work. In the case of a letter of credit or cash escrow, the Agency may use these funds to complete the contract work.

3.3.3 Payment Bond. The payment bond is a method of ensuring that the Contractor pays the subcontractors and suppliers. By requiring payment bonds, the Agency avoids becoming entangled in disputes concerning payment of subcontractors and suppliers by the general contractor. The surety underwriting the payment bond ensures the contractors and suppliers will be paid. Often, performance and payment bonds are combined into a single document. Failure to pay subcontractors for work performed in commercial contracts may often lead to the subcontractor filing a mechanic’s lien against the property owners to obtain payment for services rendered. The Agency contract requires the payment bond to prevent this problem and ensure that no liens will be filed against any Agency building or lot of ground. As a reminder, Clause 24 of form HUD-5370, General Conditions of the Contract for Construction (Attachment E-1 attached hereto) clearly for bid the placement of liens, and is binding on any contractor, subcontractor, and material supplier.

3.3.4 Bonding Companies. An acceptable surety (bonding) company is one that is authorized to do business in North Carolina and is acceptable to HUD and the Agency. The surety must be listed on the most recently published U.S. Treasury Circular 570 (often referred to as the T-List). Individual sureties are not permitted. Circular 570 is available from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, Room #262C, 401 14th Street, S.W., Washington, D.C. 20227. The T-List may also be accessed on the Internet at: http://www.fms.treas.gov/c570/index.html.

3.3.5 Bonding Requirements. In order to encourage participation by a broad range of competitors, including small and minority firms, HUD has provided for alternate bid and contract guaranties. These apply to all construction projects greater than $100,000 (though, at the Agencies discretion, may apply to smaller projects), whether development or modernization, funded pursuant to the U.S.

Housing Act of 1937, as amended. As a result, the contractors for all construction projects shall be required to submit the following bid and contract guarantees. Please note that only the bid bond is required at time of bid;

however, one of the purposes of the bid bond is to provide the Agency with assurance that the successful proposer will indeed obtain the necessary performance and payment bonds. Required bonds include a bid guarantee from each proposer, equivalent to 5% of the bid price and, from the successful proposer, one of the following:

3.3.5.1 A performance and payment bond for 100% of the contract price; or,

3.3.5.2 Separate payment and performance bonds each for 50% or more of the contract price; or,

3.3.5.3 A 20% cash escrow; or,

3.3.5.4 A 25% irrevocable letter of credit.

3.3.6 Inadequate Surety. If the low proposer fails to provide an acceptable assurance of completion (payment and performance bonds) after award of the contract, the Agency may consider the bid guarantee forfeited and notify the surety company. The contract is then terminated for default. The amount to be recovered from the bid bond or guarantee will typically equal at least the difference between the defaulted bid and the next higher acceptable bid or the amount by which the bid accepted by re-soliciting exceeds the defaulted contract.

3.4 Bid Submission Responsibilities. All “electronic” bids must be submitted and received in the designated Agency email no later than the submittal deadline stated herein (or within any ensuing addendum). A total of 1 original document of the bid submittal, shall be emailed and addressed to:

procurement@dha-nc.org

3.4.2 Submission Conditions. Proposers are not allowed to change any requirements or forms contained herein, either by making or entering onto these documents or the documents submitted any revisions or additions;

and if any such additional marks, notations or requirements are entered on any of the documents that are submitted to the Agency by the proposer, such may invalidate that bid. If, after accepting such a bid, the Agency decides that any such entry has not changed the intent of the bid that the Agency intended to receive, the Agency may accept the bid and the bid shall be considered by the Agency as if those additional marks, notations, or requirements were not entered on such. By accessing the eProcurement Marketplace, registering, and downloading these documents, each prospective proposer that does so is thereby agreeing to confirm all notices that the Agency delivers to him/her as instructed, and by submitting a bid, the proposer is thereby agreeing to abide by all terms and conditions published herein and by addendum pertaining to this BID.

3.4.3 Submission Responsibilities. It shall be the responsibility of each proposer to be aware of and to abide by all dates, times, conditions, requirements, and specifications set forth within all applicable documents issued by the Agency, including the BID document, the documents listed within the following Section 3.6 herein, and any addenda and required attachments submitted by the proposer. By virtue of completing, signing, and submitting

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

the completed documents, the proposer is stating his/her agreement to comply with all conditions and requirements set forth within those documents. Written notice from the proposer not authorized in writing by the CO to exclude any of the Agency requirements contained within the documents may cause that proposer to not be considered for award.

3.5 Proposer’s Responsibilities — Contact with the Agency. It is the responsibility of the proposer to address all communication and correspondence pertaining to this BID process to the Agency Contact Person listed in Table 2 of this IFB only. Proposers must not make inquiry or communicate with any other Agency staff member or official (including members of the Board of Commissioners) pertaining to this BID. Failure to abide by this requirement may be cause for the Agency to not consider a bid submittal received from any proposer who may not have abided by this directive.

3.5.1 Addenda. All questions and requests for information must be addressed in writing to the Agency Contact Person listed in Table 2 of this IFB. The Agency Contact will respond to all such inquiries in writing by addendum to all prospective proposers (i.e. firms or individuals that have obtained the BID Documents). During the BID solicitation process, the Agency Contact Person will NOT conduct any ex parte (a substantive conversation—”substantive” meaning, when decisions pertaining to the BID are made—between the Agency and a prospective proposer when other prospective proposers are not present) conversations that may give one prospective proposer an advantage over other prospective proposers. This does not mean that prospective proposers may not call the Agency Contact Person—it simply means that, other than making replies to direct the prospective proposer where his/her answer has already been issued within the solicitation documents, the Agency Contact Person may not respond immediately to the prospective proposer’s inquiries but will direct him/her to submit such inquiry in writing so that the Agency Contact Person may more fairly respond to all prospective proposers in writing by issuance of an addendum.

3.6 Recap of Attachments. It is the responsibility of each proposer to verify that he/she has downloaded the following attachments pertaining to this BID, which are hereby by reference included as a part of this BID:

[Table No. 6]

IFB

Section

Attachment Attachment Description

3.6.1 This IFB Document

3.6.2 A Form of Bid

B Subgrantee and Contractor Certifications and Assurances

3.6.3 C Profile of Firm Form

3.6.4 D Section 3 Form Submittal Form

3.6.5 E Sample Contract Form

3.6.5.1 E-1 *Sample Contract Appendix No. 1: form HUD-5370

(1/2014), General Conditions for Construction Contracts-

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

Public Housing Programs

3.6.5.2 E-2 *Sample Contract Appendix No. 2 Supplemental

Conditions to form HUD-5370 (1/2014), General Conditions for Construction Contracts-Public Housing Programs

3.6.5.4 E-3 Sample Contract Appendix No. 3: form HUD-2554, Supplementary Conditions of the Contract for Construction

3.6.5.4 E-4 Sample Contract Appendix No. 4: form HUD 50071

(01/14), Certification of Payments to Influence Federal Transactions (NOTE: This form will only be completed and included as a part of the ensuing contract if the Agency anticipates that total awards pursuant to the ensuing contract may or will exceed $100,000.)

3.6.5.5 E-5 Sample Contract Appendix No. 5: Standard Form LLL (Rev.

01/14), Disclosure of Lobbying Activities (NOTE: This form will only be completed and included as a part of the ensuing contract if the Contractor designates an affirmative answer to Item No. (2) within the immediate identified form 50071.)

3.6.5.6 E-6 Sample Contract Appendix No. 6: Davis Bacon Wage

Decision # NC20260003

3.6.5.7 E-7 Sample Contract Appendix No. 7: Form WH-347

3.6.6 F Pricing Sheet

3.6.7 G DHA Harassment Policy Certification

3.6.8 H DHA Hold Harmless Agreement

3.6.9 I DHA Non-Collusive Affidavit

4.0 BID EVALUATION.

4.1 At the set date and time, all bids received will be opened and publicly read aloud by an authorized DHA representative, including the company name of the bidder and the total calculated costs proposed. At the bid opening the Agency will only disclose the following information: (a) The company name of each bidder; and (b) the calculated total amount bid. A copy of the bid tabulation or recap recorded will be made available to each member of the public attending such opening and to anyone who requests such afterwards. The bids will not be made available for inspection by anyone at this time; the Agency will, at a later time, review all bids in detail and will, in a timely manner (typically within 5 days), notify all bidders of any bidder that is, as a result of the more detailed inspection of bids submitted, ruled to be non-responsive or not-responsible. Bids will be available for inspection by the public after the award has been completed.

4.1.1 Ties. In the case of bids, the award shall be decided as detailed within Section 6.12.C of HUD Procurement Handbook 7460.8 REV 2, by “drawing lots or other random means of selection.

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

4.2 Responsive Evaluation. After the public opening the bid submittals received will be evaluated in private for responsiveness (i.e. meets the minimum of the requirements). Firms not meeting the minimum that are deemed to be non-responsive will be notified of such in writing by the Agency in a timely manner (in any case, in no less than 5 days after such determination is made).

4.3 Responsible Evaluation. The Agency will evaluate each bid submitted as to responsibility (e.g. a firm that is qualified, responsible and able to provide to the Agency the required services). If the Agency ascertains that such firm has the required ability, capability, experience, knowledge, licensing, insurance and resources to provide the required services, the Agency may proceed with award as detailed herein. If the Agency determines that such firm is deemed to be not responsible, such firm will be notified of such in writing by the Agency in a timely manner (in any case, in no less than 5 days after such determination is made); in such case the Agency may proceed with the noted Responsive and Responsible Evaluations with the next lowest bidder.

4.3.1 Depending on the amount of the award, it is possible that the Agency may take such contract award to the Agency Board of Commissioners (BOC) for approval of the award prior to executing a contract with the apparent successful bidder.

4.3.2 Restrictions. Any and all persons having ownership interest in a bidder entity or familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a bidder entity will be excluded from participation in the evaluation of the bid.

5.0 CONTRACT AWARD.

5.1 Contract Award Procedure. If a contract is awarded pursuant to this BID, the following detailed procedures will be followed:

5.1.1 By completing, executing and submitting a bid, the “proposer is thereby agreeing to abide by all terms and conditions pertaining to this BID as issued by the Agency, in hard copy,” including the contract clauses already attached as Attachments E and E-1 through E-7, each attached hereto.

Accordingly, the Agency has no responsibility to conduct after the submittal deadline any negotiations pertaining to the contract clauses already published.

5.2 Contract Conditions. The following provisions are considered mandatory conditions of any contract award made by the Agency pursuant to this BID:

5.2.1 Contract Form. The Agency will not execute a contract on the Contractor’s form—contracts will only be executed on the Agency form (please see Sample Contract, Attachments E and E-1 through E-7 each attached hereto), and by submitting a bid the Contractor agrees to do so (please note that the Agency reserves the right to amend this form as the Agency deems necessary). However, the Agency will during the BID process (prior to the posted question deadline) consider any contract clauses that the proposer wishes to include therein and submits in writing a request for the Agency to do so; but the failure of the Agency to include such clauses does not give the

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

Contractor the right to refuse to execute the Agency’s contract form. It is the responsibility of each prospective proposer to notify the Agency, in writing, prior to submitting a bid, of any contract clause that he/she is not willing to include in the final executed contract and abide by. The Agency will consider and respond to such written correspondence, and if the prospective proposer is not willing to abide by the Agency’s response (decision), then that prospective proposer shall be deemed ineligible to submit a bid.

5.2.1.1 Mandatory HUD Forms. Please note that the Agency has no legal right or ability to (and will not) at any time negotiate any clauses contained within ANY of the HUD forms included as a part of this BID.

5.2.2 Assignment of Personnel. The Agency shall retain the right to demand and receive a change in personnel assigned to the work if the Agency believes that such change is in the best interest of the Agency and the completion of the contracted work.

5.2.3 Unauthorized Sub-contracting Prohibited. The Contractor shall not assign any right, nor delegate any duty for the work proposed pursuant to this BID (including, but not limited to, selling or transferring the contract) without the prior written consent of the CO. Any purported assignment of interest or delegation of duty, without the prior written consent of the CO shall be void and may result in the cancellation of the contract with the Agency, or may result in the full or partial forfeiture of funds paid to the Contractor as a result of the proposed contract; either as determined by the CO.

5.3 Contract Period. The Agency anticipates that it will initially award a contract for the period of time that the Agency and the contractor agree that it will take to complete the work, which shall be listed on the Notice to Proceed issued by the Agency.

5.4 Licensing and Insurance Requirements. Prior to award (but not as a part of the bid submission) the Contractor will be required to provide:

5.4.1 Workers Compensation Insurance. An original certificate evidencing the proposer’s current industrial (worker’s compensation) insurance carrier and coverage amount (NOTE: Workers Compensation Insurance will be required of any Contractor that has employees other than just the owner working on-site to provide the services);

5.4.2 General Liability Insurance. An original certificate evidencing General

Liability coverage, naming the Agency as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the Agency as an additional insured under said policy (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $1,000,000, together with damage to premises and fire damage of $50,000

IFB NO. 26-006, CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

and medical expenses any one person of $5,000), with a maximum deductible amount of $5,000;

5.4.3 Automobile Insurance. An original certificate showing the proposer’s automobile insurance coverage in a combined single limit of $1,000,000.

For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $100,000/$300,000 and medical pay of $5,000.

5.4.4 City/County/State Business License. If applicable, a copy of the proposer’s business license allowing that entity to provide such services within the City of Durham and/or the State of North Carolina.

5.4.5 Certificates/Profile of Firm Form. Pertaining to the aforementioned (within

Sections 5.4.1 through 5.4.4) insurance certificates and licenses, each proposer is required to enter related information where provided for on the Profile of Firm Form (do not attach or submit copies of the insurance certificates or licenses within the bid submittal—we will garner the necessary documents from the successful proposer prior to contract execution).

5.5 Contract Service Standards. All work performed pursuant to this BID must conform and comply with all applicable local, state, and federal codes, statutes, laws, and regulations.

5.6 Prompt Return of Contract Documents. Any and all documents required to complete the contract, including contract signature by the successful proposers, shall be provided in return to the Agency within 5 workdays of notification by the Agency.

REQUEST FOR BID (IFB) NO. 26-006

CAPITAL CONSTRUCTION PROJECT – HAYTI HERITAGE CENTER

Attachment A: Form of Bid

INVITATION FOR BIDS (IFB) #26-006,

FORM OF BID

(This Form must be fully completed in the specified location in the electronic bid submittal.)

HOUSING AUTHORITY OF THE CITY OF DURHAM

(1) Instructions. Unless otherwise specifically required, the items listed below must be completed and included in the bid submittal. Please complete this form by marking an “X,” where provided, to verify that the referenced completed form or information has been included within the “hard copy” bid submittal submitted by the bidder. Also, complete the following Statement’s herein:

“X” = Item

Included

Tab No.

Bid Submittal Item (one original signature copy of each document)

1 Form of Bid (Attachment A) 2 HUD Choice Neighborhoods Subgrantee and Contractor

Certifications and Insurances (Attachment B) 3 Section 3 Business Preference Documentation

(Attachment D, Optional) 4 Pricing Sheet (Attachment F) 5 Bid Bond (only if bid exceeds $100,000)

(2) Section 3 Statement. Are you claiming a Section 3 business preference? Yes No If “YES,” pursuant to the Section 3 portion within the Conditions and Specifications, and pursuant to the documentation justifying such submitted under Tab No. 3, which priority are you claiming? ____________.

(3) Debarred Statement. Has this firm, or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, the State of North Carolina, or any local government agency within or without the State of North Carolina? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status.

(4) Disclosure Statement. Does this firm or any principals thereof have any current, past personal or professional relationship with any Commissioner or Officer of the Agency?

Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status.

(5) Felony Disclosure. Has any principal(s) or any person(s) proposed to perform the work ever been convicted of a felony? Yes No If "Yes," please attach a full detailed explanation, including dates, circumstances, and current status. PLEASE NOTE: The Agency reserves the right to not make award to any bidder that has staff who has been convicted of a felony if the Agency feels that doing such is in its best interests.

INVITATION FOR BIDS (IFB) #26-006,

FORM OF BID

(This Form must be fully completed in the specified location in the electronic bid submittal.)

HOUSING AUTHORITY OF THE CITY OF DURHAM

(6) Non-Collusive Affidavit. The undersigned party submitting this bid hereby certifies that such bid is genuine and not collusive and that said bidder entity has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, to fix overhead, profit or cost element of said bid price, or that of any other bidder or to secure any advantage against the Agency or any person interested in the proposed contract; and that all statements in said bid are true.

(7) Bidder’s Statement. The undersigned bidder hereby states that by completing and submitting this Form and all other documents within this bid submittal, he/she is verifying that all information provided herein is, to the best of his/her knowledge, true and accurate, and that if the Agency discovers that any information entered herein to be false, such shall entitle the Agency to not consider or make award or to cancel any award with the undersigned party. Further, by completing and submitting the bid submittal, and by entering and submitting the costs where provided within the eProcurement Marketplace, the undersigned bidder is thereby agreeing to abide by all terms and conditions pertaining to this IFB as issued by the Agency, either in hard copy or on the eProcurement Marketplace, including an agreement to execute the attached Sample Contract form.

Pursuant to all IFB Documents, this Form of Bid, and all attachments, and pursuant to all completed Documents submitted, including these forms and all attachments, the undersigned proposes to supply the Agency with the services described herein for the fee(s) entered within the areas provided within the eProcurement Marketplace pertaining to this

IFB.

Signature Date Printed Name Company

Attachment B: Subgrantee and Contractor Certifications and Assurances

ATTACHMENT B

Subgrantee and Contractor Certifications and Assurances

The Department of Housing and Urban Development (HUD) requires that all Subgrantees and Contractors on Choice Neighborhoods projects sign this “Certifications and Assurances” form certifying that they will comply with the applicable federal requirements described below. Any applicable federal law, regulation, or other federal requirement continues to apply to the Grantee, Subgrantee and/or Contractor notwithstanding its omission from this Certification and Assurances form. The parties who must sign a “Certifications and Assurances” form are defined below:

Subgrantees: These are organizations to which the Grantee has awarded a grant from the

Choice Neighborhoods grant that the Grantee received from HUD. The subgrantee is accountable to the Grantee for the use of the funds provided, but the Grantee is ultimately accountable to HUD.

Contractors: This includes any for-profit contractor, consultant, service provider, or supplier that the Grantee contracts with for goods or services on any Choice Neighborhoods project.

Certification and Assurance: The subgrantee or contractor executing this certification hereby assures and certifies that it will comply with all of the applicable requirements of the following, as the same may be amended from time to time, including adding appropriate provisions to all contracts between Grantee and Subgrantees or Contractors:

(1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate.

(Contracts more than the simplified acquisition threshold)

(2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

(3) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair)

(4) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5).

(5) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

(6) Notice of awarding agency requirements and regulations pertaining to reporting.

(7) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

(8) Awarding agency requirements and regulations pertaining to copyrights and rights in data.

Exhibit A

(9) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

(10) Retention of all required records for three…