RFP _465_24 Phase 1 Environmental.pdf

DAWSON COUNTY GOVERNMENT

REQUEST FOR PROPOSALS FOR

PHASE ONE ENVIRONMENTAL ASSESSMENT –

PUBLIC HEALTH FACILITY

(CONSTRUCTION PHASE WILL BE PARTIALLY SUPPORTED BY CDBG FUNDS)

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

JANUARY 15, 2025, AT 10:30AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

RFP #465-24

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE THE

STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE

OFFEROR.

ISSUE DATE: DECEMBER 13, 2024

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 2

DAWSON COUNTY BOARD OF COMMISSIONERS

TABLE OF CONTENTS

SOLICITATION DOCUMENTS

RFP Timetable………..………………………………..……………………………...……………3

General Overview…...………………………………………………………….…………….……4

Section 3 Clause…………….……………………………………………………………….……11

General Conditions………………………………………………………………………….……19

Scope of Work ……….……….…………..……….……………………………………..….…...20

Qualifications/Response Format Outline………………………..……………..…………….38

General Terms………………………………...…………………………………….…………….44

Vendor’s Checklist Form………..……………………………………………………………..103

Vendor’s Price Proposal Form…….………………….…………………………….……

Vendor’s Reference Form…………………………………………………………….………..107

Execution of Proposal Form…………………………………………………………………..108

Drug Free Workplace Form……………..……………………………………………………..109

Certificate and Statement of Non-Collusion Form……………………………….………..111

Georgia Security and Immigration Compliance Act Affidavit…………………….……..113

Equal Employment Opportunity Form...…………………………………..………….……..116

Legal and Character Form….………………………………………………………………….117

Section 3 Forms………………………………………………………………………………….119

Sample Contract…………………………….…………………………………………….……..148

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 3

DAWSON COUNTY, GEORGIA

Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, Georgia 30534

Phone: 706-344-3500 x.42223; Email: mhawk@dawsoncountyga.gov

This is an invitation to submit a proposal to Dawson County from qualified individuals/firms specializing in performing a phase one environmental assessment and reporting, as indicated herein.

The construction phase will be partially supported by CDBG Funds. Details are listed under Section II.

Sealed bids will be received by the office of the Purchasing Manager at 25 Justice Way, Suite #2223, Dawsonville, GA 30454. This project will be subject to the Build America, Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act.

Instructions for preparation and submission of a bid/proposal are contained in this packet. Electronic packets may be found at https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-

497e-943b-141544ec4bd4 Submissions must be typed or printed in ink. Prices submitted as a result of this invitation must include the Vendor Price Proposal Form and be returned in a sealed envelope or container marked, as Sealed Bid with the applicable Proposal Name and Proposal Number on the outside. The offer may not be considered unless so received. Proposals must be submitted no later than

10:30 a.m., January 15, 2025. The anticipated award date is January 21, 2025.

There will not be a pre-proposal meeting for this RFP. All questions/comments that may arise from this invitation must be submitted in writing and emailed to the Purchasing Manager at mhawk@dawsoncounty.org no later than December 27, 2024, at 1:00 p.m. All questions and answers will be posted to the County website and the Georgia Procurement Registry no later than January 3, 2025, at 1:00 p.m. Answers to question submitted that materially change the conditions and specifications of this invitation will be promulgated to the County website and the Georgia Procurement

Registry. Any discussions or documents will be considered non-binding unless incorporated and publicized in an addendum.

Dawson County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin and handicap or veteran status.

This policy ensures all segments of the business community have access to supplying the goods and services need by Dawson County. Dawson County does not guarantee a minimum/maximum value for this contract.

Sincerely, Melissa Hawk, Purchasing Manager https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-497e-943b-141544ec4bd4 https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-497e-943b-141544ec4bd4 mailto:mhawk@dawsoncounty.org

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 4

DAWSON COUNTY, GEORGIA

REQUEST FOR PROPOSALS FOR PHASE ONE ENVIRONMENAL

ASSESSMENT - PUBLIC HEALTH FACILITY

SECTION I – GENERAL OVERVIEW

A. INFORMATION TO PROPOSERS

1. RFP TIMETABLE

The Proposers shall package and seal its submittal so that they will not be damaged in mailing. Technical and Cost/Fee Proposals are to be packaged and sealed separately.

One (1) original and three (3) copies of the technical proposal and one (1) original price proposal must be received by, AT 10:30AM, EASTERN STANDARD TIME.

Technical and price proposals must be submitted in a separate sealed envelope stating on the outside, the proposer's name, address, the solicitation number #465-24 PHASE ONE

ENVIRONMENTAL ASSESSMENT - PUBLIC HEALTH FACILITY. If the price is referenced in the technical proposal, the submission must be disqualified and will not be evaluated. The complete submittal (price and technical) must contain the proposer’s name, address and the solicitation number #465-24 PHASE ONE

ENVIRONMENTAL ASSESSMENT - PUBLIC HEALTH FACILITY be delivered to:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2223

Dawsonville, GA 30534

Hand Delivery

Hand delivered copies may be brought to the above address between the hours of

8:00AM and 5:00PM EST, Monday through Friday, excluding Holidays. For a complete listing of Holidays, please visit www.dawsoncounty.org. If a sealed bid is delivered after 9:55 a.m., on the day of the opening, deliver the package to the Purchasing

Manager, in the County Administration Training Room, Suite #2204. No submission will be accepted after 10:30 a.m., on the date listed within Section 1.A.1., at which time all company names of offers received will be publicly read aloud.

Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on http://www.dawsoncounty.org/

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 5 the outer wrapper or envelope used by such service. NOTE: Many express mail and delivery services do not guarantee overnight by noon to Dawson County.

The Submittal must be signed by a company officer who is legally authorized to enter into a contractual relationship in the name of the proposer.

2. Portions of this project may be funded in whole or in part by the Community

Development Block Grant Program (CDBG). Some of the federal CDBG requirements will apply to the contract. Proposers on this work will be required to comply with the President’s Executive Order No. 11246 & Order No. 11375 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin and, the provisions as stated within this document for disability accessibility and the Georgia Energy Code. The CDBG application is in the beginning stages at this time; therefore, will not be available for review prior to contract award of this RFP.

Proposers must also make positive efforts to use small and minority-owned business and to offer employment, training and contracting opportunities in accordance with

Section 3 of the Housing and Urban Development Act of 1968. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract.

All contractors claiming a Preference in contracting by meeting any of the three qualifications including: a 51% Resident Owned Business, Hiring/Employing 30% of

New Hires, and/or sub-contracting at least 25% of their total award to a Section 3

Concern, shall maintain that status throughout the life of the contract. Failure to meet this requirement will result in penalties up to and including contract termination.

To be considered for a contract award exceeding $100,000, the entire solicitation package must be satisfactorily completed and submitted prior to award. In order to claim a preference for a contract award exceeding $100,000, the Section 3 Self-

Certification and Action Plan and the Section 3 Business Concern Self

Certification portions of the solicitation package must be satisfactorily completed and submitted at the time of submission of a bid/proposal.

For Section 3 Covered Assistance of $100,000 or less, the solicitation package must be made available to bidders/offerors in accordance with DCA’s Section 3 Policy;

however, bidders/offerors are not required to submit the solicitation package unless a preference is being claimed. In this case, only the Section 3 Self-Certification and

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 6

Action Plan and the Section 3 Business Concern Self Certification must be completed at the time of submission of a bid/proposal.

Any bid/proposal claiming a preference must include the completed and signed

Section 3 Self- Certification and Action Plan and the Section 3 Business Concern

Self Certification, and be submitted by the bid/proposal deadline.

3. CONTACT PERSON

Proposers are encouraged to contact Melissa Hawk, Purchasing Manager, via email at mhawk@dawsoncountyga.gov to clarify any part of the RFP requirements. All questions that arise prior to the DEADLINE FOR QUESTIONS due date shall be directed to the contact person in writing via facsimile or email. Any unauthorized contact shall not be used as a basis for responding to this RFP and also may result in the disqualification of the proposer's submittal.

Proposers may not contact any elected official or other county employee to discuss the bid process or bid opportunities except: 1) through the Purchasing Manager named herein, or 2) as provided by existing work agreement(s). This policy shall be strictly enforced and the County reserves the right to reject the submittal of any proposer violating this provision.

4. ADDITIONAL INFORMATION/ADDENDA

Dawson County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the due date posted on the county’s website under the bid information. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued will prevail. Proposers are advised to check the website for addenda before submitting their proposals.

Proposers must acknowledge any issued addenda by including the Addenda

Acknowledgement with the submittal. Proposals which fail to acknowledge the proposer’s receipt of any addendum will result in the rejection of the offer if the addendum contains information which substantively changes the Owner’s requirements

5. LATE SUBMITTAL AND LATE MODIFICATIONS

Submittals received after the due date and time will not be considered. Modifications received after the due date will not be considered. Dawson County Government assumes mailto:mhawk@dawsoncountyga.gov

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 7 no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation.

6. REJECTION OF PROPOSALS/CANCELLATION

Dawson County Government reserves the right to reject any and all submittals and reserves the right to waive any irregularities or informalities in any submittal or in the submittal procedure, when to do so would be to the advantage of Dawson County.

Dawson County reserves the right to cancel this RFP at any time.

7. MIMINUM RFP ACCEPTANCE PERIOD

Submittals shall be valid and may not be withdrawn for a period of 90 days from the date specified for receipt of submittals.

8. NON-COLLUSION AFFIDAVIT

By submitting a response to this RFP, the proposer represents and warrants that such proposal is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting and that the proposer has not in any manner sought by collusion to secure to that proposer any advantage over any other proposer.

By submitting a proposal, the proposer represents and warrants that no official or employee of Dawson County Government has, in any manner, an interest, directly or indirectly in the proposal or in the contract which may be made under it, or in any expected profits to arise there from.

9. COST INCURRED BY PROPOSERS

All expenses involved with the preparation and submission of the RFP to the Dawson

County Board of Commissioners, or any work performed in connection therewith is the responsibility of the proposer(s).

10. RFP OPENING

Only the names of the firms responding to this RFP will be read aloud publicly due to the fact that the proposals will be subject to an evaluation review for accurate qualifications.

A list of names of firms responding to the RFP may be obtained from the county’s website www.dawsoncounty.org, after the RFP due date and time stated herein. A copy of the final evaluation tabulation to the RFP will be posted to the website after the RFP has been awarded, along with the awarded Proposer name and date of award.

11. OPEN RECORDS

http://www.dawsoncounty.org/

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 8

Proposers are reminded that under Georgia law, all opened documents fall under the open records act and are subject to inspection by the public. Proposers are reminded that documents and information in the possession of Dawson County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open

Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the proposal, that states that specific portions of the proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the proposal containing any trade secrets. Accordingly, proprietary information and/or data cannot be withheld from public inspection.

12. TAXES

Dawson County Government is tax exempt. No sales tax will be charged on any products or services. Dawson County cannot exempt any other person/proposer from applicable sales taxes that may be required of them in relations to this project.

Selected proposer will be provided with Dawson County’s Sales and Use Tax

Certificate of Exemption number upon request.

13. PROPOSER INFORMATION

All submissions shall include a completed proposer information form, current copy of business license and current W-9. Failure to provide this information could result in the disqualification of the proposer from submitting a proposal.

14. INSURANCE

Selected proposer will be required to provide Dawson County with a Certificate of

Insurance for liability and workman’s compensation insurance before work can begin on this County project and be effective for the duration of the work as described in the

Contract Documents, including authorized change orders, plus any period of guarantee as required in the general warranty.

General liability insurance should be at least one million dollars ($1,000,000) combined single limit per occurrence and $2,000,000 aggregate. Automobile insurance should be at least five hundred thousand dollars ($500,000) combined single limit per accident for bodily injury or property damage; Workman’s Compensation insurance should be as required by the State of Georgia; and Professional Errors & Omissions insurance as well as Pollution should be at least two million dollars ($2,000,000) per claim and $2,000,000 aggregate. The Pollution insurance is to contain coverage extended to include third-party liability for death, bodily injury, RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 9 diminution of value of property and property damage.

The insurance certificate must name Dawson County Government as an additional insured for the contracted project.

15. BONDS

If required, under SECTION II – SCOPE OF WORK of this document any combination of the following bonds may be requested by Dawson County. A five percent (5%) bid bond, a one hundred percent (100%) payment bond, and a one hundred percent (100%) performance bond. All bonds would be payable to Dawson

County Board of Commissioners. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must be authorized to do business in

Georgia by the Georgia Insurance Commission, listed in the Department of Treasury’s publication of companies holding certificates of authority as acceptable surety on

Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating.

16. ANTI-DISCRIMINATION

Dawson County, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.

2000d to 2000d-4 and 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 issued pursuant to such

Act, hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit proposals in response to this Request for Proposal and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

By submitting their proposals, all proposals certify to Dawson County that they will conform to the provisions of the Federal Civil Rights Act of 1964.

In every contract of over $10,000 the provisions in Sections1 and 2 below apply:

1. During the performance of this contract, the A&E agrees as follows:

a. The A&E will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the A&E.

The A&E agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 10

b. The A & E, in all solicitations or advertisements for employees placed by or on behalf of the A & E, will state that such A&E is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The A&E will include the provisions of Section 1 above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each

Sub-contractor or proposer.

Proposers may request this Request for Proposal in another language by contacting

Purchasing Manager Melissa Hawk at p) 706-344-3501, f) 706-531-2728 or via email at mhawk@dawsoncounty.org. All bid submissions must be returned in English.

17. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Proposers submitting a Qualification package in response to this RFP must provide the following information in the package to indicate compliance with the Georgia Security and Immigration Compliance Act. The form is provided for completion.

A. A statement that indicates the A&E will conduct itself in compliance with

O.C.G.A. §13-10-91 and Rule 300-10-.02 in the execution of the contract.

B. By completing the affidavit that is provided with this solicitation, the proposer is attesting to the following:

a. The affiant has registered with and is authorized to use the federal work authorization program;

b. The user identification number and date of authorization for the affiant;

c. The affiant is using and will continue to use the federal work authorization program throughout the contract period;

d. Any employee, or Sub-contractors, of such A&E or Sub-contractor shall also be required to satisfy the requirements set forth in this paragraph; and

e. Upon contracting with a new Sub-contractor, an A&E or Sub-contractor shall notify Dawson County and shall deliver a completed Sub-contractor Affidavit to Dawson County within five

(5) working days of entering into a contract or agreement of hire with the Sub-contractor before the new Sub-contractor begins any work.

mailto:mhawk@dawsoncounty.org

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 11

C. Failure to provide the completed and notarized affidavit with the A& E’s proposal will result in immediate disqualification as required by the

Georgia Security and Immigration Compliance Act.

18. SECTION 3 CLAUSE OF THE URBAN DEVELOPMENT ACT OF 1968 –

Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD ACT of 1968; 24 CFR 75, 135)

1) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S .C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work. in connection with the project to be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

2) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban

Development set forth in 24 CFR Part 135, and all applicable rules and orders of the

Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

3) The contractor will send to each labor organization or representative of workers with which he has a collective bargain-agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

4) The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of

Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of

Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the letter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 12

5) Compliance with the provisions of Section 3, the regulations set forth in the 24 CFR

Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

6) The contractor agrees to send to each labor organization ·or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Section 3 apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor will engage in technical assistance to help Section 3 workers compete for jobs, (e.g., resume assistance, coaching, drafting resumes, preparing for interviews, finding job opportunities connecting residents to job placement services, hold one or more job fairs, services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare), assistance to apply for/or attend community college, a four-year educational institution or vocational/technical training, assist in obtaining financial literacy training and/or coaching, be engaged in an outreach effort to identify and secure bids from Section 3 business concerns, divide contracts into smaller jobs to facilitate participation by Section 3 business concerns, provide bonding assistance, guaranties or other efforts to support viable bids from

Section 3 business concerns, promote use of business registries designed to create opportunities for disadvantaged and small businesses and engagement and accept referrals from the state one-stop system of the Workforce Innovation and Opportunity

Act.

7) Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts.

8) When a contractor and/or subcontractor that elected a Preference is unable to identify a Section 3 resident or a Section 3 business for employment or contracting

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 13 opportunities, the contractor then must offer employment related training to the

Section 3 residents in the county.

Section 3 Contract Non-Compliance Cure /Termination Processes

This language is a component of contract compliance with the work to which you are responding in this solicitation. The full requirements are provided in the Section 3

Clause found elsewhere in this package and in DCA's Section 3 Policy for Covered

HUD Funded Activities. Any recipient, sub-recipient or contractor claiming

Preference must be in compliance prior to issuance of a notice to proceed by DCA, recipient, sub-recipient, or contractor based on the policies established for the applicable DCA funding program. This preference can be met by any of the three qualifications (meets criteria within the past 6 months):

1. 51% or more owned and controlled by low or very-low income persons

2. 75% or more of the labor hours are performed by Section 3 workers or YouthBuild

Participants.

3. 51% or more owned by current residents of Public Housing.

The recipient, sub-recipient or contractor must maintain compliance throughout the life of the contract. The contractor understands and agrees that a compliance management firm may be used to conduct routine and certified payroll reviews to ensure compliance. The Contractor agrees to provide the payroll data in an Excel or

Word format each time the payroll is processed throughout the contract.

Failure to meet the Section 3 requirements will result in penalties up to and including contract termination. Any contractor triggering the regulation by doing any hiring or contracting once they are awarded the contract through execution must comply with the Section 3 requirements by executing the efforts on their Certification and Action

Plan in accordance with DCA's Section 3 Policy.

DCA, the recipient, sub-recipient or contractor shall execute these remedies to achieve compliance in this order:

NON-COMPLIANCE CURE PROCESS

A. Based on the first observation or report of non-compliance with Section 3, the recipient, sub-recipient or contractor will be sent an e-mail by the compliance manager notifying them of their non-compliance issue. The recipient, sub-recipient or contractor will have until the next payroll or 10 business days, whichever is less, to bring the contract into compliance and/or justify in writing why they cannot meet compliance requirements.

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 14

B. DCA, the recipient, sub-recipient or contractor must render a response to the violating party within 10 business days of receipt of the violating party's letter of reason for noncompliance.

If DCA, the recipient, sub-recipient, or the contractor deems the reason to be unacceptable, at its option, DCA, the recipient, sub-recipient, or the contractor can extend the response period one time for up to 5 business days to allow the violating party to identify and secure other compliance options.

NON-COMPLIANCE TERMINATION PROCESS

If the violating party fails to take any corrective action to bring the contract into compliance within the allotted time, or DCA, the recipient, sub-recipient,· or the contractor rejects any of the corrective plans and justifications for non-compliance, DCA, the recipient, sub-recipient, or the contractor will either terminate the contract immediately or impose liquidated damages equal to $100 a day for every day out of compliance. At DCA's determination, any liquidated damages received must be paid to the recipient, sub-recipient or DCA, at DCA's determination, and be used to promote economic opportunities for Section 3 Residents and Business Concerns. DCA, the recipient, sub-recipient, or the contractor will hold all funds due to the violating party until such time that a financial workout is completed. Additionally, the violating party may be banned by DCA, the recipient, sub-recipient and the contractor on future HUD funded projects. ection 3 Solicitation Overview and Instructions for Contractors

The DCA Section 3 Policy requires that, when the Section 3 regulation is triggered, every effort within the contractor’s disposal must be made, to the greatest extent feasible, to offer all available employment and contracting opportunities to Section 3 residents and Section 3 businesses based on the compliance methods below.

All Contracts and All Contractors must meet

Section 3 compliance by:

A. Giving notice of any and all opportunities for employment and contracting to residents of the local Public Housing Authority (PHA), and other low and very low-income area residents and businesses, by posting the opportunity in community sources generally available to low income residents and the general public. Exercising a minimum of three (3) of the following listed sources must be completed prior to offering employment to anyone not covered by Section 3 requirements:

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 15

1. The local community newspaper

2. The most widely distributed newspaper

3. Company or agency website

4. The management office of the local housing authority/homeless service agency/local low-income housing community

5. Local Workforce Board (i.e., Department of Labor)

6. Local office of the Georgia Division of Family and Children Services

7. Dodge Room http://www.construction.com/dodge/dodge.asp

8. Other locations as approved by DCA

B. The recipient, sub-recipient or contractor must check the HUD Section 3

Business Registry to determine if there are any Section 3 businesses in the County where the work will be performed. If there are Section 3 businesses in the County that may be able to perform the work, the recipient, sub-recipient or contractor must provide a copy of the contracting opportunity(ies) (e.g., bid notices) to the Section 3 businesses. See the HUD Section 3 Business Registry at:

https://portalapps.hud.gov/Sec3BusReg/BRegistry/What.

C. Clearly stating in notices that the position is a “Section 3 covered position under the HUD Act of 1968 and that Section 3 Residents and Business

Concerns are encouraged to apply.”

D. Placing the Section 3 Clause provided in Appendix A in ALL solicitations.

E. When possible, other activities may be done to demonstrate effort to comply with the Safe Harbor Limits. These other efforts are listed in the appendix to part 135 of the Code of Federal Regulations—24 CFR Part

135 and include:

1. Distributing or posting flyers advertising positions to be filled;

2. Contacting the local government or housing authority for a list of residents who have expressed interest in Section 3 employment;

3. Holding job informational meetings for residents, contractors, etc…;

4. Contacting agencies administering HUD YouthBuild programs and requesting their assistance in recruiting HUD YouthBuild program participants for training and employment positions.

http://www.construction.com/dodge/dodge.asp https://portalapps.hud.gov/Sec3BusReg/BRegistry/What

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 16

F. Linking residents or businesses to local resources that may be available to help prepare them for applying for and achieving the opportunity.

G. Working with DCA, the recipient, sub-recipient or contractor as applicable in developing a communication and follow up process to track and report all Section 3 applications and hiring activities to ensure the reporting of compliance efforts, and that contracting and sub- contracting are accurate. Provide preference in hiring and contracting to Section 3 applicants and contractors when employment or contracting opportunities are offered and all requirements are met and remain equal.

Contractors must:

1. Provide this package to all sub-contractors when soliciting bids for all contracts or sub- contracts;

2. Meet all the same processes in A-E; and

3. Provide Preference to all sub-contractors meeting the definitions as stated in Section VI of DCA’s Section 3 Policy for Covered HUD

Funded Activities.

H. In order for Preference as a Section 3 Contractor to be factored into the award decision, all elements of the solicitation criteria must be equal between contracts. This means price and all other factors must be equal.

Then the contractors that elect Preference on the Certification and Action

Plan form that meet that Preference criterion will be provided Preference in the award of the contract as provided in Part VI., Preferences and

Eligibility of DCA’s Section 3 Policy for Covered HUD Funded

Activities.

EXAMPLE:

Bill’s electrical and Sue’s Electrical bid a job where the housing authority has a budget of $500,000. Bill bids $480,000 and elects a

Preference as a Section 3 business concern because he qualifies as a 51%

Resident Owned Business. Sue bids $450,000 but does not elect any

Preference. Both companies met all the other requirements. Sue will be awarded the contract because Bill’s bid was higher.

Important items to remember about receiving preferences in contract award:

All contractors and/or subcontractors that elect a Preference and are awarded a contract must be in compliance prior to the issuance of a Notice to Proceed by DCA, the recipient, sub- recipient, or the contractor based on the policies established for

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 17 the applicable DCA funding program. The contractor and/or subcontractor must maintain the elected Preference standard during the entire contract or risk having the contract terminated for failure to comply. See Section 3 Contract Non-compliance Cure/Termination Processes section above for further details. When a contractor and/or subcontractor that elected a Preference is unable to identify a

Section 3 resident or a Section 3 business for employment or contracting opportunities, the contractor then must offer employment related training to the

Section 3 residents in the county. The training must be provided according to Part

VII – Other Economic Opportunities in DCA’s Section 3 Policy.

19. Retention and Inspection of Records

Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by the Design

Professional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after the Owner or Design Professional and other subgrantees make final payments and all other pending matters are closed.

1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of the

General Conditions to the Contract for Construction (form HUD-5370) requires that contractors pay all royalties and license fees. All drawings and specifications prepared by the Design Professional pursuant to this contract will identify any applicable patents to enable the general contractor to fulfil the requirements of the construction contract.

20. Conflicts of Interest

Based in part on federal regulations (24 CFR 85.36(b)) and Contract agreement between the Owner and HUD, no employee, officer, or agent of the Owner (HUD grantee) shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

Such a conflict would arise when:

(i) The employee, officer or agent,

(ii) Any member of his or her immediate family,

(iii) His or her partner, or

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 18

(iv) An organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee’s or subgrantee’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements.

Grantees and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permit-ted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee’s and subgrantee’s officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

Neither the Owner nor any of its contractors or their subcontractors shall enter into any

Contract, subcontract, or agreement, in connection with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the Owner, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Owner, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest, and if such interest is immediately disclosed to the Owner and such disclosure is entered upon the minutes of the Owner, the Owner, with the prior approval of the Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Owner shall not participate in any action by the Owner relating to such contract, subcontract, or arrangement.

No member, officer, or employee of the Owner, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

21. This project will be subject to the Build America, Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act. The domestic content procurement

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 19 preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

As a basic service, obtaining and maintaining all BABA documentation (particularly manufacturers’ certifications) during construction, which shall be transferred to the recipient. The architect or engineer will need to certify to this action at the project’s end.

a. Signed certification letter from the manufacturer for the project is the most direct and effective form of compliance documentation for ensuring products used on site are

BABA-compliant prior to their installation Basic elements of sufficient documentation:

b. Project name, project location, contract number, or project number

c. Description of product(s) (simple explanation sufficient to identify the product(s)), or an attached purchase order, invoice, or bill of lading.

d. Attestation statement referencing Infrastructure Investment and Jobs Act (“IIJA”) or the Bipartisan Infrastructure Law (BIL) and American Iron and Steel (AIS) requirements

e. Manufacturing location (s)

f. Signature of representative certifying knowledge of manufacturing processes.

SECTION II – GENERAL CONDITIONS

A. PURPOSE

Dawson County Purchasing Department is soliciting sealed proposals from qualified individuals/firms who specialize in performing a phase one environmental assessment and reporting, for a reconstructed, repurposed building as a Public Health Facility, located at

751 Highway 53, East, Dawsonville, GA 30534. Individuals/firms must provide all equipment, materials and labor to complete the scope of work. Details are listed under this section and include, but not limited to, the scope of work, information regarding the current building and the legal description of the property. The County does not guarantee a minimum value for this contract.

B. CONTRACT PERIOD

The term of a contract awarded as a result of this RFP shall be from award until final acceptance of project by the County. The timeframe for the work and reporting shall be twenty-one (21) calendar days. This timeframe is mandatory, with no adjustment.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 20 obligations of the County under this contract. The County does not guarantee a minimum value for this contract.

If, at any time, the County determines it is in its best interest to discontinue use of these services the County reserves the right to cancel this Agreement by giving thirty (30) days advance written notice.

C. BACKGROUND

The County entered into a Lease/Purchase Agreement on November 7, 2024 to secure the property.

The County’s intent is to apply for a Community Development Block Grant (CDBG) in

April, 2025 for additional funds to aide in the reconstruction and repurpose costs for the

Dawson County Public Health Department. The CDBG is funded by the U.S. Housing and Urban Development (HUD) and through the Georgia Department of Community

Affairs (DCA).

The requirements of HUD and DCA state that the Request for Proposal or Request for

Qualifications procurement method is to be used by local government to procure engineering services regardless of the source of payment and regardless of the cost for those services. This is even if local funds pay all or part of the cost of professional services related to a CDBG.

There may be language in this Request for Proposal that does not directly apply to the scope of work within this RFP for prospective proposers; however, must be stated within all solicitations related to the project.

The County’s current Public Health building is 4,600 square feet, with very limited parking. There is no room on the current property for expansion to accommodate for the

County’s growth.

The County does not have an Environmental Review or Limited Subsurface Investigation for the site; however, the store planning drawings from September 26, 2000 are attached.

The County has contracted with Hill Foley Rossi & Associates (HFRA) to design the reconstruction, repurpose of the building to house a 10,000 sq ft Public Health Facility, as well as two other county departments in the remaining 6,625 square footage. It is the

County’s intent that HFRA will be responsible for designing and creating the build plans to be later used in the construction bidding and building phases.

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 21

D. SCOPE OF WORK

The Phase I ESA will include the tasks outlined as follows:

• TASK 1-Acquisition and Review of Data on the Historical Use of the Property;

• TASK 2-Environmental Agency List Review;

• TASK 3-Site Reconnaissance;

• TASK 4-Interviews;

• TASK 5-Contacts with Local Officials;

• TASK 6-Reporting of Results

The Phase I ESA will address the potential for asbestos, lead paint, radon, methane, wetlands, threatened or endangered species, and other items not listed in the ASTM Standards.

A Phase I ESA report will be prepared upon receipt of database searches and completion of our site inspection. The report will outline the database and file searches, field investigation findings, and environmental professional certification. The report will contain text supported by photos, tables, and figures.

The below will not contain all necessary facets to complete the task. The information contained herein is to be used to develop a complete Phase One Environmental Assessment with all the necessary components to the work meets all the requirements as mandated in the

CDBG laws, regulations and rules. The environmental review of multi-family housing with five or more dwelling units (including leasing) or the development of non-residential property (buildings such as Head Start Centers, Senior Centers, etc.) must include, as part of the environmental assessment, an evaluation of previous uses of the site or other evidence of contamination on or near the site to ensure that the occupants of proposed sites are not adversely affected by hazardous materials, contamination, toxic chemicals and gases, and radioactive substances. The Phase One Environmental Assessment shall be conducted in accordance with American Society for Testing and Materials (ASTM) E1527-05 Standard.

The completion of a Phase I ESA is required to fulfill the requirements of EPA’s “All

Appropriate Inquiry Rule” (AAI), which establishes standards and practices for the performance of “all appropriate inquiries” in order to qualify for the innocent landowner, bona fide prospective purchaser, or contiguous property owner defenses under the Federal

Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).

The purpose of the Phase I ESA is to evaluate the property for the presence of potential

“recognized environmental conditions”. A “recognized environmental condition” is defined by ASTM as:

“The presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous

RFP #465-24 PHASE 1 ENVIRONMENTAL ASSESSMENT – PUBLIC HEALTH FACILITY Page 22 substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.”

The applicable laws, regulations and Executive Orders (classified in general by compliance area) may include, but may not be limited to the following. The Consultant shall have staff performing work for this contract that will be able to determine all the necessary requirements to provide a Phase One Environmental Assessment as acceptable to the HUD and the GA DCA.

Environmental:

The National Environmental Policy Act (NEPA) of 1969, as amended by Executive Order

11991 of…