RFP 27009_City Admin HVAC Controls RFP with Exhibits.pdf

CITY OF GAINESVILLE

REQUEST FOR PROPOSAL

RFP No. 27009 Gainesville Administration Building Replacement HVAC Controls System

Proposal Release: 10/29/2026

Proposal Questions Deadline: 11/12/2026 10:00 A.M.

Proposal Due Date: 12/1/2026 2:00 P.M.

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

City of Gainesville Request for Proposal

RFP No. 27009

Gainesville Administration Building HVAC Replacement Controls

OVERVIEW

The City seeks Proposals to provide all materials, labor, tools, equipment, permits, licenses, etc. for the purchase and installation of the Gainesville Administration Building Replacement HVAC Controls System.

The HVAC Controls Systems are expected to be available for use at the 300 Henry Ward Way, SE not later than February 26, 2027. The scope of work, as outlined in Exhibit A, involves installation of the Contemporary Controls BASControl22s Controller, as described in Exhibit B, replacement at the Gainesville Administration Building located at 300 Henry Ward Way. More specifically, the Proposer shall:

• Deliver, install, test and adjust product;

• Repair or replace inoperable items within 48 hours of notification by the city.

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

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

• Work shall be completed in accordance with General Conditions outlined in Exhibit C and Grant Conditions/Guidelines outlined in Exhibit D.

This is a federally funded project, funded with Energy Efficiency & Conservation Block Grant (EECBG) funds. The contractor and subcontractors must comply with applicable provisions under 2 CFR 200.101 and 2 CFR 200.327, as amended, and applicable grant-funding requirements as outlined in Exhibit D of this RFP.

PROPOSAL CORRESPONDENT

Upon Release of this Request for Proposal, 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 30503-2496 300 Henry Ward Way, Suite 201, Gainesville, GA 30501

KHutcheson@gainesvillega.gov

Unauthorized contact regarding the proposal with other Gainesville City employees may result in disqualification. Any oral communication will be considered unofficial and non-binding on the City of Gainesville. Vendors should rely only on written statements issued by the proposal correspondent.

mailto:KHutcheson@gainesvillega.gov

PROPOSAL QUESTIONS

All questions must be submitted in writing to the proposal correspondent named above. Questions must be received by 10:00 A.M., 11/12/2026. A list of questions and answers will be provided to all known proposers and by request. Requests may be made to the proposal correspondent named above.

PROPOSAL RESPONSE DATE AND LOCATION

The Financial Services department must receive the vendor’s proposal in a sealed envelope, in its entirety, not later than 2:00 P.M. Eastern Standard Time on 12/1/2026 in Gainesville, Georgia. Proposals arriving after the deadline will be returned unopened to their senders. All proposals and accompanying documentation will become the property of the City of Gainesville and may not be returned. One (1) original and (1) copy of this proposal must be submitted to allow for evaluation. Proposals must be clearly marked on the outside of the package:

RFP #27009 – Gainesville Administration Replacement HVAC Controls System

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

Proposal Schedule:

Proposal Release: 10/29/2026 Proposal Questions Deadline: 11/12/2026 10:00 A.M.

Proposal Due Date: 12/01/2026 2:00 P.M.

WAIVER OF TECHNICALITIES

All items must meet or exceed specifications as stated by the City of Gainesville. The City of Gainesville reserves the right to waive any technicalities and to reject or accept any Proposal 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 proposal will be the sole judgment of the City of Gainesville. Proposals shall remain valid for ninety days from the date of proposal opening.

PROPOSAL REJECTION

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

Any vendor who acts as a supplier to another vendor submitting a proposal and also submits a proposal 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 PROPOSALS

Any clerical mistake that is patently obvious on the face of the proposal may, subject to the limitations described below, be corrected upon written request and verification submitted by the proposers. A non-material omission in a proposal may be corrected if the Administrative Service 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 Proposal opening:

(1) Price Information; and

(2) Any required Insurance

WITHDRAWAL OF PROPOSALS

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

The Proposer shall give notice in writing of his claim of right to withdraw his proposal due to an error within two business days after the conclusion of the proposal opening procedure. Proposals may be withdrawn from consideration if the price is substantially lower than the other proposals due solely to a mistake therein, provided the proposal 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 proposal, 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 proposal sought to be withdrawn. The proposer’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his proposal. If a proposal is withdrawn under the authority of this provision, the lowest remaining responsive proposal shall be deemed to be the low proposal.

PROPOSER’S RESPONSIBILITY

When determining whether a proposer is responsible, or when evaluating a proposal, the following factors may be considered, any one of which will suffice to determine whether a proposer is responsible, or the proposal is the most advantageous to the City:

• Eligibility and Non-Debarment: To be eligible for evaluation and contract award, the Proposer must be in good standing with all government entities. The Proposer certifies, by submitting a proposal, that neither the Proposer, its principals, nor any of its proposed subcontractors are currently debarred, suspended, proposed for debarment, or otherwise declared ineligible from bidding or for the award of contracts by any Federal, State, or local government agency, or city municipality. Any proposer currently subject to such restrictions will be deemed non-responsible and disqualified from further consideration.

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

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

• Whether the proposer 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 proposer’s failure to perform satisfactorily or complete any written contract. The City’s termination for default of a previous contract with a proposer, within the past three years, shall be deemed to be such a failure.

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

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

• Contractors and Subcontractor (S) shall not be debarred.

• The proposer 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. Proposer shall affirmatively disclose to the City all such convictions, especially of management personnel or the proposers 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 proposer will be unable, financially or otherwise, to perform the work.

• At the time of the proposal opening, the proposer is not authorized to do business in the Georgia, or otherwise lacks a necessary license, registration or permit.

• 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 in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Gainesville.

PROPRIETARY PROPOSAL MATERIAL

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

RESPONSE PROPERTY OF THE CITY OF GAINESVILLE

All material submitted in response to this request becomes the property of the City of Gainesville. Selection or rejection of a response does not affect this 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 proposal does not compel the City of Gainesville to purchase.

COST OF PREPARING PROPOSALS

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

NUMBER OF PROPOSAL COPIES REQUIRED

Vendors are to submit one (1) original signature Proposal and one (1) copy.

ADDENDA

Proposers are responsible for checking the City of Gainesville’s website for the issuance of any addenda prior to submitting a proposal. The address is http://www.gainesville.org/purchasing

PROPOSAL AWARD AND EXECUTION

The City will select the proposal that, in its sole discretion, is the most responsive and responsible proposal to the City. The City reserves the right to make any award without further discussion of the proposal submitted; there may be no best and final offer procedure. Therefore, the proposal 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 proposal and an increase or reduction of services with the manufacturer may be negotiated before proposal 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, proposals or contracts over $20,000 and less than $150,000. The local vendor may be given an opportunity to match the lowest price proposal, if the quotation or bid of the local vendor is within 3% of the lowest price proposal by a non-local vendor. In the event a local vendor matches the lowest price proposal, including all other terms, quality, services and conditions, then the local vendor shall be awarded the contract.

In the event the price proposal of more than one local vendor is within 3% of the lowest overall price proposal of a non-local vendor, the local vendor with the lowest proposal will be given the first opportunity to match the lowest overall price proposal. If this local vendor declines to match the price proposal, then the local vendor with the next lowest bid within 3% will be given the opportunity to match the lowest proposal.

This process will continue with all local vendors having proposals 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).

PROPOSAL REQUIREMENTS/EVALUATION CRITERIA

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

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

• Terms, conditions and pricing of purchase or lease agreement.

• The financial ability of the proposer.

• If the City chooses this option, the cost of the proposer’s warranties and/or maintenance agreement and scope of coverage.

• Depth of the proposer’s experience

• Type of durability of product(s).

• Types and cost of amenities available for the product(s).

Proposer Requirements

• Proposer must have five years of continuous experience.

• Proposer must provide evidence, satisfactory to the City, of the following insurance requirements:

o Owner requires the Contractor to have and maintain the following insurance coverage and indemnification provisions with the City of Gainesville named as an additional insured hereunder.

o 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 in the following minimum limits:

Insurance Type Limit

Commercial General Liability $1,000,000 Each 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 Each Occurrence

$2,000,000 Aggregate

Umbrella Liability $5,000,000 Per Occurrence

Cyber Liability $1,000,000 Each Occurrence

Payment / Performance Bonds 100% of Contract Sum o Proof of Insurance

The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Such certificates shall also 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 Owner.

• Acknowledgement of Special Grant Terms (EECBG): This project is funded in whole or in part by the Energy Efficiency and Conservation Block Grant (EECBG) program. As a mandatory proposal requirement, all Proposers must review the "EECBG Special Terms and Conditions" outlined in Exhibit D and submit a fully executed copy of the Contractor Acknowledgement Form with their proposal submission. Failure to include this signed, witnessed, and sealed acknowledgement will result in the proposal being deemed non-responsive and disqualified from consideration.

Product Requirements

The following specifications are provided as a minimal requirement only. The City will consider any product that meets or exceeds the minimum requirements. Proposers shall provide information regarding the proposed product for evaluation by the City.

Number of Products to be purchased:

It is the City’s intent to purchase materials and labor for install of the Contemporary Controls BASControl22s Controller replacement at the Gainesville Administration Building located at 300 Henry Ward Way.

Proposals should include pricing details for services listed below.

Responsibilities of the Proposer

The Proposer, at its sole expense shall:

• Deliver, install, test and adjust product.

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

• Repair or replace inoperable items within 48 hours of notification by the city.

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

• If the City selects this option, inspect the fleet on a weekly/monthly/quarterly basis and make any necessary repairs.

**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.

SELECTION CRITERIA

Price 50 %

Experience 25 %

Response of References 25%

INVITATION TO BID

RFP No. (27009)

(Gainesville Administration Building Replacement HVAC Controls System)

RFP Certification

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: $____________________

Having read and responded to all attached specifications including grant funding requirements, 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)

Title: _______________________________________

REQUEST FOR PROPOSALS

RFP No. (27009)

CONTRACTOR ACKNOWLEDGEMENT OF EECBG SPECIAL TERMS AND CONDITIONS

The undersigned Proposer/Bidder (hereafter referred to as "Contractor") acknowledges that they have reviewed, understand, and will comply with all terms, conditions, and flow-down regulations contained within the Federal Provisions Appendix attached to this RFP.

More specifically, the undersigned does hereby certify that they have read and understood the grant funding requirements that apply to this project, and that neither the project nor the company are under any contractual restrictions, debarment or suspension actions, or other disabilities which would prevent the company from complying with said requirements.

By executing this document, the Contractor specifically certifies and covenants compliance with the following federal mandates as outlined in the attached Appendix:

1. Davis-Bacon Act (Contracts >$2,000): The Contractor certifies that all laborers and mechanics shall be paid wages at rates not less than those prevailing in the locality and will submit weekly certified payroll records (Form WH-347) to the City.

2. Contract Work Hours and Safety Standards Act (Contracts >$100,000): If the final contract value exceeds $100,000, the Contractor certifies that no laborer or mechanic shall be permitted to work more than 40 hours in a workweek unless they receive overtime compensation at a rate not less than one and one-half times their basic rate of pay.

3. Build America, Buy America (BABA) Act: The Contractor agrees to follow domestic sourcing guidelines for iron, steel, manufactured products, and construction materials utilized in the project, unless a specific federal programmatic small-grant waiver applies.

4. Byrd Anti-Lobbying Certification (Bids/Contracts ≥$100,000): If the Contractor’s bid submission or resulting contract equals or exceeds $100,000, the Contractor certifies via this execution that it has not used and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence government officials in connection with this award.

5. Debarment and Suspension (2 CFR 200): The Contractor certifies that neither it, its principals, nor its key subcontractors are presently debarred, suspended, proposed for debarment, or declared ineligible by any Federal department or agency, and covenants to verify subcontractor status via SAM.gov.

6. Equal Employment Opportunity: The Contractor agrees to comply fully with Executive Order 11246, prohibiting discrimination and requiring affirmative action regarding race, color, religion, sex, sexual orientation, gender identity, or national origin.

7. Access to Records and Retention: The Contractor agrees to grant access to its project-related records to the City, the DOE, and the Comptroller General for audit purposes, and will retain all records for at least three (3) years post-closeout.

8. Contractor and subcontractor(s) shall comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and will all ES&H requirements of the City of Gainesville.

9. Subcontractor Flow-Down Obligation: The Contractor certifies and covenants that it shall insert all provisions and mandatory clauses from the attached Federal Provisions Appendix into all subcontracts entered for this project. The Contractor acknowledges that it remains primarily liable to the City for the full and strict compliance of all subcontractors and agrees to verify the compliance and eligibility status of all active subcontractors via SAM.gov Exclusions prior to issuing a subcontract award.

Name and Title of Person Authorized to Sign:

By:

(signature required)

(Company Officer name and title)

(Company Name)

Date:

Attest:

(SEAL)

(Print/type name and title)

Date:

EXHIBIT A

Scope of Work

The following scope of work is to Provide, Install and Program the Non-Proprietary

BAScontrol22s Contemporary Controls Equipment, Wall Sensors/Thermostats, Labor and Warranty for the replacement of the obsolete HVAC automation system in place at the Gainesville Administration Building Located at 300 Henry Ward Way. The new BAS Controls equipment is required to correspond with the existing Power

Supplies, Raceways, wiring, AHU’s, Cooling Tower/Pumps, Boiler’s/Pump’s, Damper motors, Mixing Boxes, VAV, PIU sensor, RFD’s ETC… with minimal evasion and down time for the HVAC Equipment and staff in the Gainesville

Administration Building. Each of the new BAS Controllers are to be install in the existing control panels to replace the obsolete and outdated controllers. Any and all of the existing controller that are located above the ceiling are to be relocated to existing control panel located on that floor once replaced with new. (City Manager’s

Office1 unit 3rd Floor). It is the responsibility of the Bid Winning Contractor to provide the City of Gainesville with 3D equipment Graphics for the New Controllers, 3D floorplan with equipment Locations on each floor of the Gainesville Administration

Building. Training for the City of Gainesville Maintenance Staff is required for new controls operations. The New BAS controls systems is required to be access available by (phone, PC, Tablet, Etc.) 24/7 for Maintenance Staff.

New Install Equipment Required

Contemporary Controls BAS Control22s- BACnet/Ip Sedona Unitary Controller with

Ethernet and MS/TP Client/Server Connectivity.

END OF SECTION

Exhibit C

EXHIBIT C

CITY OF GAINESVILLE

GENERAL CONDITIONS

1. SCOPE OF WORK & QUALIFICATIONS:

The scope of work shall be to provide and install the Contemporary Controls

BAScontrols22s HVAC Controllers in place of the existing controllers throughout the Gainesville Administration Building Per scope of work outlined in the Exhibit _B_ of this RFT and product specs included as Exhibit

_C_ to this RFP.

It is essential that the contractor be adequately staffed and experienced in order to be able to comply with the specifications. References of equivalent ongoing contracts will be required of any potential contractor. The Owner reserves the right to disallow bids from Contractors who cannot prove their capability to perform this work as per the specifications.

2. AREAS COVER UNDER THIS CONTRACT

Gainesville Administration Building 300 Henry Ward Way Located Floors

1,2,3 and Penthouse Mechanical rooms.

It shall be the responsibility of the bidder to conduct a thorough on-site inspection of the areas covered under this contract so as to familiarize himself/herself with the conditions and material required for the Gainesville Administration HVAC

Replacement Control System as well as the extent of the areas to be covered prior to the preparation and submission of a bid. Please contact Troy Grizzle 770-535-6882 for site tours as needed.

3. PERMITS, LICENSES AND INSURANCE:

It shall be the responsibility of the contractor to secure all permits, licenses and insurance as may be required by Federal, state or local government laws, ordinances or rules and regulations.

Insurance shall meet the City of Gainesville’s requirements as listed on the insurance Matrix.

GENERAL CONDITIONS

The successful Contractor shall present a copy of their State HVAC

Contractor’s License before contract execution.

4. SUBCONTRACT:

The Contractor shall not sublet to any subcontractor any part of the regular maintenance work. Installations or other extra cost work may be subcontracted with written authorization from the Owner. In case any part of the work is approved by the owner for the contractor to sublet, the contractor shall require his subcontractor to secure and maintain all licenses, permits, and insurance as specified in Article 3, above. Proof of such licenses, permits, and insurance shall be submitted to the owner prior to the execution of any work by any subcontractor.

The Contractor shall not sublet to any subcontractor any part of the regular maintenance work. Installations or other extra cost work may be subcontracted with written authorization from the Owner. In case any part of the work is approved by the owner for the contractor to sublet, the contractor shall require his subcontractor to secure and maintain all licenses, permits, and insurance as specified in Article 3, above. Proof of such licenses, permits, and insurance shall be submitted to the owner prior to the execution of any work by any subcontractor.

5. RIGHT OF THE OWNER TO TERMINATE CONTRACT:

In the event that any of the provisions of this contract are violated by the contractor, or by any of his subcontractors, the owner may serve written notice upon the contractor of the owner’s intention to terminate the contract. Such notice is to contain the reasons for such intention to terminate the contract, and unless within five (5) working days after serving of such notice upon the contractor, such violation or delay shall cease and satisfactory arrangement or correction be made, the contract shall, upon the expiration of said five (5) working days, cease and terminate.

6. CONTRACT’S LENGTH OF TIME:

The Contract for the service shall start on or around December 1st 2026 ending no later than January 31th 2027. Dates May Vary

7. BID FORM:

All bids shall be submitted using the attached Bid Forms. Bids submitted in forms other than the attached official bid form shall be disqualified and rejected.

8. CONTRACT PRICE AND PAYMENT

a. The bid forms, completely filled out, shall be accepted by the City shall include the cost for all labor, materials, equipment, tools, incidental expenses, overhead and profit for the performance of the contract. The basis for contractor selection shall be determined by the total annual basic services price, experience and references.

b. Payment for the contract shall be made on a 50,30,20 Basis. 50% once material is purchased and on site of 300 Henry Ward Way. 30% Once Install has started and new system is actively operational. Final 20% when all

Provided 3D Equipment Graphics, floorplans, Prints, Phones, PC, Tablets downloads are complete and operational for remote access.

9. COMPLIANCE WITH GEORGIA LABOR RULE

The successful contractor will be required to sign the City’s affidavit verifying compliance with O.C.G.A. 13-10-91 and Georgia Dept. of Labor Rule 300-10-

1.02 and that the contractor has been issued a Federal Basic Pilot Program

User ID Number.

END OF SECTION

EXHIBIT D

CITY OF GAINESVILLE

EECBG Grant Requirements

FEDERAL PROVISIONS APPENDIX

Mandatory Contract Flow-Down Clauses for Energy Efficiency and Conservation Block Grant (EECBG) Funded Projects

SECTION I: GENERAL APPLICATION

This Appendix is incorporated into and made a part of the contract agreement. The activities under this contract are funded in whole or in part by the U.S. Department of Energy (DOE) under the Energy Efficiency and Conservation Block Grant (EECBG) Program (Assistance Listing #81.128). The Contractor shall comply, and ensure all subcontractors comply, with all applicable federal laws, regulations, executive orders, and the specific provisions detailed below. Failure to comply may result in termination of the contract, withholding of payments, or federal debarment.

1. DAVIS-BACON ACT AND COGNIZANT LABOR STANDARDS

For all construction, alteration, or repair contracts exceeding $2,000 funded by federal funds, the contractor and all subcontractors must strictly adhere to federal labor compliance standards.

Mandatory Clause: All laborers and mechanics employed by contractors and subcontractors on this project shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and as incorporated via the applicable Department of Labor Wage Determination. Contractors shall pay all laborers and mechanics unconditionally and not less often than once a week.

The Contractor and subcontractors shall maintain weekly certified payroll records using Form WH-347 or an approved electronic payroll logging platform, and submit them weekly to the City. Failure to submit required records or working unauthorized hours shall constitute a material breach of contract.

2. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Applicable to all contracts exceeding $100,000 that involve the employment of mechanics or laborers.

Mandatory Clause: Pursuant to 40 U.S.C. 3701-3708, no contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

3. BUILD AMERICA, BUY AMERICA (BABA) ACT COMPLIANCE

As a federally assisted infrastructure project, the procurement of materials for HVAC controls and related systems must follow strict domestic sourcing guidelines under Pub. L. 117-58.

EXHIBIT D

Mandatory Clause: The Contractor and all subcontractors agree that none of the funds appropriated or otherwise made available of this project may be used for a project for infrastructure unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. The EECBG Federal Provisions Appendix — HVAC Controls Retrofit Page 1 of 2

Contractor must provide standard BABA Compliance Certifications or clear domestic origin verifications for all manufactured components and digital controllers prior to component submittal approvals and final invoicing.

4. BYRD ANTI-LOBBYING AMENDMENT

Applicable to all bids and contracts crossing the $100,000 administrative threshold.

Mandatory Clause: Contractors who apply or bid for an award of $100,000 or more shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not have used and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

5. DEBARMENT AND SUSPENSION (2 CFR 200, APPENDIX II)

Mandatory Clause: This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part

200. The Contractor certifies, by executing this agreement, that neither it, its principals, nor its key subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. The Contractor is required to verify the compliance status of all active subcontractors via SAM.gov Exclusions prior to award.

6. EQUAL EMPLOYMENT OPPORTUNITY

Mandatory Clause: During the performance of this contract, the Contractor agrees to comply fully with Executive Order 11246, 'Equal Employment Opportunity,' as amended by Executive Order 11375, and as supplemented by regulations at 41 CFR Part 60. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

7. ACCESS TO RECORDS AND RETENTION PERIODS

Mandatory Clause: The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed under this contract.

Pursuant to 2 CFR 200.337, the Contractor shall grant access to the City, the U.S. Department of Energy, the Comptroller General of the United States, or any of their authorized representatives, to inspect and audit any books, documents, and records directly pertinent to this specific contract. All project records must be retained for a minimum of three (3) years from the date the City submits its final rebate voucher closeout expenditure to the DOE.

EECBG Federal Provisions Appendix — HVAC Controls Retrofit Page 2 of 2

End of Section

Page 1 of 7 Contractor ______ City ______

CCiittyy ooff GGaaiinneessvviillllee,, GGeeoorrggiiaa

CONTRACT

This Contract is made this____________ in the year of 2026

BETWEEN: The City of Gainesville, Georgia (Hereinafter City)

300 Henry Ward Way

Gainesville, Georgia 30501

AND THE CONTRACTOR: TBD

PROJECT/SERVICE NAME: Gainesville Administration Building Replacement HVAC Controls System

The City and the Contractor agree as set forth below:

Article 1. THE CONTRACT DOCUMENTS: The Contract consists of the following documents as indicated below and attached to this contract and herby made a part hereof, together with any other document, agreements, plans or specifications which are incorporated herein by reference, all of which together are the “Contract”.

(a) The City’s Request for Proposal/Bid (Exhibit ___);

(b) The Contractor’s Proposal/Bid with Fee Schedule (Exhibit ___);

(c) Scope of Work or Scope of Services (Exhibit ___);

(d) Conditions of the Contract (Exhibit ___);

(e) Minimum Standards of Service (Exhibit ___);

(f) Federal Provisions Appendix (Exhibit ___);

(g) Specifications (Exhibit ___);

(h) Fee Schedule (Exhibit ____);

(i) Purchase Order (Exhibit ____);

(j) Insurance Certificates (Exhibit ___);

(k) Business Registration (Exhibit ___);

(l) Addenda issued prior to execution of this Contract and modifications issued subsequent thereto as described below (Exhibit ___);

_____________________________________________________________________; and

(m) Requirements: DOE-EECBG Grant Requirements (Exhibit ___):

Page 2 of 7 Contractor ______

Article 2. CITY VENDOR STATUS: A City of Gainesville Vendor Application Packet shall be completed and accepted by the City prior to the effective date of this contract. The Vendor Application Packet information shall be revised and updated in a timely fashion by the Vendor if any information changes during the term of this Contract. Any material changes to the eligibility of the Vendor to contract with the

City or which substantially impairs the ability of the Vendor to perform, may provide the City with grounds to revoke acceptance of the vendor as an approved Vendor and to terminate this Contract.

Article 3. THE WORK: The Contractor shall perform all the work required by this Contract for

Gainesville Administration Building Replacement HVAC Controls System as described in the

Contract Documents.

Article 4. CONTRACT LENGTH OF TIME: 60 Days

Article 5. CONTRACT PRICE: The contract price for this Contract is $__________________________.

Article 6. PAYMENT: The City shall pay the Contractor for the faithful performance of the work as specified herein. Payment for the work/services under this Contract shall be made in accordance with the provisions of this Contract.

Article 7. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor is hired by the City to perform the work under this Contract as an independent contractor.

Article 8. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses including claims, consultants, and attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

Article 9. TERMINATION: In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the City may serve written notice upon the Contractor of the City's intention to terminate the Contract. Such notice to contain the reasons for such intention to terminate the Contract, and unless within five (5) working days from receipt of such notice by the Contractor, such violation or delay shall cease and satisfactory arrangement or correction be made, the City shall, upon the expiration of said five (5) working days, have the right to suspend the contract and may temporarily use its own work force or use another Contractor, to provide the services under this contract until a new contractor can be selected.

Article 10. PUBLIC INFORMATION: Any contractor or subcontractor of the City of Gainesville is subject to the Sunshine and Open Records Laws as pertains to any contract with the City.

Article 11. INSURANCE: Vendor 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.

Before commencing the work under this Contract, and as a condition of any payment for the work, the Contractor shall have and maintain the following insurance coverage and indemnification provisions with the City of Gainesville named as “Additional Insured, Primary / Non-contributory” hereunder and waiver of subrogation on these coverages, and the name of the project “Gainesville Administration Building Replacement HVAC Controls System” shall be included under the “Description of Operations” section on the COI.

Page 3 of 7 Contractor ______

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

Umbrella Liability $1,000,000 Per Occurrence

Cyber Liability $1,000,000 Per Occurrence

Payment/Performance Bond 100% of Contract Sum

(a) Commercial General Liability: Contractor shall procure and maintain during the life of this

Contract, General Liability Insurance to protect the Contractor, any subcontractor performing work covered by this Contract, and the City as additional insured, from claims for damages for bodily injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations are by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of insurance shall not be less than the following:

Each Occurrence $1,000,000 Aggregate $2,000,000

(b) Automobile Liability, including bodily injury & property damage: Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance including bodily injury and property damage. The insurance shall include coverage for owned, non-owned, hired and non-hired vehicles. Amounts shall not be less than the following:

Combined Single Limit per Accident Any Auto (owned, hired & non-owned) $1,000,000

(c) Worker’s Compensation and Employer’s Liability: Contractor shall procure and maintain during the life of this Contract, Worker’s Compensation and Employer’s Liability Insurance for all of Contractor’s employees to be engaged in work on the Project/Service under this Contract. If any such work is sublet, the Contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the subcontractor’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Worker’s Compensation Insurance.

Worker’s Compensation – Each Employee Statutory Limits Employer’s Liability – Each Employee $1,000,000

If self-insured, proof of filing with the State of Georgia and secured, set aside funds shall be required.

(d) Professional Liability: Contractor shall procure and maintain during the life of this Contract, Professional Liability Insurance to protect the Contractor from failure to perform on the part of the Contractor or financial loss caused by an error or omission in the service provided by the Contractor.

Aggregate $2,000,000

Page 4 of 7 Contractor ______

(e) Umbrella Liability: Contractor shall procure and maintain during the life of this Contract Umbrella Liability Insurance over General Liability, Auto Liability and Employers Liability.

Umbrella liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf”, with defense cost payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against another. The amounts of coverage shall not be less than the following:

(f) Cyber Liability: Contractors with access to City networks or personal data must carry cyber liability coverage for damages arising from a failure of computer security, or wrongful release of private information including expenses for notification as required by local, state or federal guidelines Contractor shall procure and maintain during the life of this Contract Cyber Liability Insurance for which the amounts of coverage shall not be less than the following:

(g) Payment and Performance Bonds Other insurance requirements as described below:

Performance Bond and Payment Bond, each in the amount not less than 100% of the total proposal price in the amount of $___________________________ at the signing of the contract:

Payment Bond $_____________________ Performance Bond $_____________________

Deductibles And Self-Insured Retentions: Any deductible or self-insured retentions must be declared to and approved by the City.

The Contractor shall furnish the City with certificates with signed declaration pages 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. Notice shall be sent via certified mail, return receipt requested to the City of Gainesville; Attn: Bryan Lackey, City Manager to the following address:

Public Lands & Buildings

P. O. Box 2496 Gainesville, Georgia 30503-2496

Contractor shall deliver written notice of any such cancellation, modification or termination within twenty-four (24) hours of receiving any notice thereof.

Failure by the Contractor to deliver proof of insurance as provided in this Paragraph, or notice as required in this paragraph, shall constitute a material substantial breach of this Contract. All such documents shall be delivered directly to the City representative. Each of the documents that show the required insurance coverage shall be attached to each set of original Contract Documents when the documents are transmitted to the City for final execution and approval. If desired, the insurance carrier may redact the premium amount from the declaration page.

Insurance is to be placed with a duly licensed or approved non-admitted insurer in the state of Georgia with an “A.M. Best” rating of no less than A-VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Page 5 of 7 Contractor ______

The Contractor shall not allow any subcontractor to commence work on subcontractor’s contract until all similar insurance required of the subcontractor has been so obtained and approved by the City and Contractor.

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 in the minimum limits outlined above.

Additional Insured: The insurance policies required by this Agreement must be endorsed by forms CG 2010 and CG 2037 or their current equivalents and include “City of Gainesville, Georgia, its…