RFP _479_25 REPURPOSE RENOVATIONS _ PUBLIC HE.pdf

DAWSON COUNTY GOVERNMENT

INVITATION FOR BIDS

FOR

REPURPOSE RENOVATIONS -

PUBLIC HEALTH FACILITY - CDBG

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

JUNE 4, 2025, AT 10:30AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

RFP # 479-25

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: APRIL 25, 2025

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 2

DAWSON COUNTY BOARD OF COMMISSIONERS

TABLE OF CONTENTS

Invitation to Proposers>……………………………………………………….……………..……3

General Overview – Section 3 Clauses…………………………………………...…..…………4

General Conditions…………………………...…………………………………….….………….18

Scope of Work Outline……….…………..……….……………………………………...….…...18

Qualifications/Response Format Outline……………………………………………………..21

General Terms……………………………………………………………………………………..30

Affirmative Action…………………….………………….…………………………….……

Federal Labor Standard – GCDBG-Davis-Bacon…………………………………………...101

Copeland Anti-Kickback Act…………………………………………………………..……….106

Contract Work Hours and Safety……………………………….……………………..……….107

Clean Air/Water Act Clause………………………………………..………………..…………..108

Georgia Energy Codes for Buildings……………………………………………..…………...111

Architectural Barriers..……………………………………………………………..…………

Debarment/Suspension……………………………………………………………….…………116

Byrd Anti-Lobbying….…………………………………………………………………………...117

Vendor Forms Checklist.………………………………………………………………………..119

Vendor Price Proposal Form..………………………………………………………………….121

Federal Forms…………...………………………………………………………………………..140

GA Department of Community Affairs Wage Rate…………………………………………170

Sample Contract…………………………….……………………...…..……………..…………183

Summary of Work Created by the A & E to Be Completed within This Contract……

Project Drawings……………………………………………………..…………………………..

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 3

DAWSON COUNTY, GEORGIA

Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, Georgia 30534

Phone: 706-344-3500 x.42223; Email: mhawk@dawsoncounty.org

INVITATION TO BIDDERS

This is an invitation to submit a bid to Dawson County from qualified vendors who specialize in construction services, with previous experience in complying with Community Development Block Grant laws, rules and regulations, for a repurpose renovation project for a new public health facility. Details are listed under Section II. Firms/individuals must provide all equipment, materials and labor to complete the scope of work, indicated herein. Sealed bids will be received by the office of the Purchasing Manager at 25 Justice Way, Suite #2322, Dawsonville, GA 30454.

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., June 4, 2025, tentative award date of the contract is July 17, 2025.

There will be a mandatory pre-bid meeting to be held on May 19, 2025, at 10:30 a.m., at 751 Hwy 53 E, Dawsonville, GA 30534. 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 May 22, 2025, at 1:00 p.m. All questions and answers will be posted to the County website and the Georgia Procurement Registry no later than May 28, 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.

The Construction Services phase will be funded in part by the Community Development Block Grant Program

(CDBG). Certain Federal CDBG requirements applied to the A & E Services contract. All contractors and subcontractors are required to be registered in the Federal System for Award Management (SAM). Bidders 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. Bidders must comply with Title VI of the Civil Rights Act of 1964. The CDBG application, including the preliminary cost estimate, is available for review by contacting Melissa Hawk at 706-344-3500 ext. 42223. Bidders must also make positive efforts to use small and minority-owned businesses and to offer employment, training and contracting opportunities in accordance with Section 3 of the Housing and Urban Development Act of 1968. Section 3

Residents and Business Concerns are encouraged to apply. Bidders must comply with the Architectural Barriers

Act of 1968, as amended, EEO clause and specifications, Affirmative Action Clause, Non-Segregated Facilities, Copeland Anti-Kickback, Davis-Bacon Clause, Wage Rate from DCA, Work Hours & Safety, Clean Air/Water

Clause and the Georgia Energy Codes for Buildings O.C.G.A. Title 8, Chapter 2.

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 mailto:mhawk@dawsoncounty.org

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 4

SECTION I – GENERAL OVERVIEW

A. INFORMATION TO VENDORS

The contract opportunity that will arise from the award of this RFP is covered under the requirements of Section 3 of the HUD Act of 1968 and Section 3 Business Concerns are encouraged to apply.

This project is being funded in whole or in part by the Community Development Block

Grant Program (CDBG). All federal CDBG requirements will apply to the contract. All contractors and subcontractors are required to be registered in the Federal System for

Award Management (SAM). Bidders on this work will be required to comply with the

President’s Executive Order No. 11246, Order No. 11375 & Order No. 11063 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must comply with Title VI if the Civil Rights Act of 1964, the Davis-

Bacon Act, the Copeland Anti-Kickback Act, the Contract Work Hours and Safety

Standards Act, and 40 CFR 33.240, Rights to Inventions Made Under a Contractor

Agreement, Clean Air Act, Energy Policy and Conservation Act and the Byrd Anti-

Lobbying Amendment. The CDBG application, including the cost estimate, is available for review by contacting Melissa Hawk at mhawk@dawsoncounty.org

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.

If a contractor has not complied on any HUD funded contract effective on or after

January 1, 2014, they should be considered non-responsive.

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 30% 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. If certifying as a 25% employer, the Resident Self-Certification and Skills Data Form must be returned for all employees who meet the low- or very low-income requirement as well as the appropriate Section 3 Business Certification.

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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 5 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

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.

1. BID SUBMISSION

One (1) original and one (1) soft copy (disc, flash drive, thumb drive, etc.) of the complete signed submittal must be received, ON JUNE 4, 2025, AT 10:30 A.M., EASTERN STANDARD TIME. Proposals, including soft copy, must be submitted in a sealed envelope stating on the outside, the vendor's name, address, the RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH

FACILITY - CDBG to:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2322

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 https://www.dawsoncountyga.gov/DocumentCenter/View/242/2025-Holiday-

Schedule-PDF If a sealed bid is delivered after 10:25 a.m., on the day of the opening, deliver the package to the Purchasing Manager, in the Administration

Training Room. 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.

Vendors are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on 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 vendor.

https://www.dawsoncountyga.gov/DocumentCenter/View/242/2025-Holiday-Schedule-PDF https://www.dawsoncountyga.gov/DocumentCenter/View/242/2025-Holiday-Schedule-PDF

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 6

2. CONTACT PERSON

Vendors are encouraged to contact Melissa Hawk, Purchasing Manager at (706)

344-3501or email 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 vendor's submittal.

Vendors 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 vendor violating this provision.

3. 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. Vendors 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.

Vendors are advised to check the website for addenda before submitting their bids.

Vendors must acknowledge any issued addenda by including the Addenda

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

Owner’s requirements

4. 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 no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation.

5. 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.

6. 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.

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 7

7. NON-COLLUSION AFFIDAVIT

By submitting a response to this RFP, the vendor 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 vendor has not directly or indirectly induced or solicited any other vendor to put in a sham proposal, or any other person, firm or corporation to refrain from submitting and that the vendor has not in any manner sought by collusion to secure to that vendor any advantage over any other vendor.

By submitting a proposal, the vendor 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.

8. COST INCURRED BY VENDORS

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 vendor(s).

9. RFP OPENING

Bids will be opened and read immediately following bid deadline at the physical address stated in this document. A list of proposers may be obtained from the county’s website at www.dawsoncountyga.gov, after the RFP due date and time stated herein. An updated bid tabulation to the RFP may be obtained from the

County’s website after the RFP has been awarded.

10. OPEN RECORDS

All materials submitted in connection with this RFP will be public documents and subject to the O.C.G.A. § 50-18-71, Open Records Act and all other laws of the

State of Georgia; and the open records policies of Dawson County Board of

Commissioners. All such materials shall remain the property of Dawson County and will not be returned to the respondent. Should you believe that your bid contains any trade secrets you must submit an affidavit, along with the bid/proposal, that states that specific portions of the bid/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 bid/proposal containing any trade secrets.

11. 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/vendor from applicable sales taxes that may be required of them in relations to this project. Selected vendor will be provided with Dawson

County’s Sales and Use Tax Certificate of Exemption number upon request.

http://www.dawsoncountyga.gov/

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 8

12. VENDOR INFORMATION

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

13. INSURANCE

Selected vendor 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. 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 Liability insurance should be at least one million dollars ($1,000,000).

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

14. 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.

15. 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 bidders 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 bids in response to this Invitation for Bid and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 9

By submitting their bids, all bidders 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 1 and 2 below apply:

1. During the performance of this contract, the contractor agrees as follows:

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

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor 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 contractor will include the provisions of 1 above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

Vendors may request this Invitation for Bid in another language by contacting

Purchasing Manager Melissa Hawk at 706-344-3501or via email at mhawk@dawsoncountyga.gov . All bid submissions must be returned in English.

16. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Vendors 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 contractor 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 vendor 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;

mailto:mhawk@dawsoncountyga.gov

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 10

d. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements set forth in this paragraph; and

e. Upon contracting with a new subcontractor, a contractor or subcontractor shall notify Dawson County and shall deliver a completed Subcontractor Affidavit to Dawson County within five (5) working days of entering into a contract or agreement of hire with the subcontractor before the new subcontractor begins any work.

C. Failure to provide the completed and notarized affidavit with the contractor’s proposal will result in immediate disqualification as required by the Georgia Security and Immigration Compliance Act.

17. GRATUITIES

Dawson County acknowledges that it may be customary to provide gifts to employees or departments. However, it shall be unethical for any County employee involved in making procurement decisions to have personal investments in any business entity that creates a conflict between their private interests and their public duties.

It shall be unethical for any person to offer, give, or agree to give, any Dawson

County employee, or for any Dawson County employee to solicit, demand, accept, or agree to accept, from any vendor or business, a gift or gratuity in any amount in exchange for any decision, approval, disapproval or recommendation concerning a solicitation.

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 135)

a) 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 low and very low 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.

b) 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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 11 contractual or other disability which would prevent them from complying with these requirements.

c) 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. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; the anticipated date the work shall begin.

d) 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.

e) 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.

f) 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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 12 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.

g) 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.

h) 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.

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:

1. Resident Owned Businesses (ROBs) owned and operated at 51% by Section 3

Residents.

2. Businesses that employ Section 3 residents at no less than 30% of the contractors aggregate full time staff.

3. Contractors that at the time of bid show evidence (meaning the specific name and preference met) of their intent to award no less than 25% of their total award to Section 3 business concerns.

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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 13

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.

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 five hundred dollars ($500.00) 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.

Section 3 Solicitation Overview and Instructions for Contractors

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 14

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:

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.

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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 15

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.

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

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 16 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 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 Contractor 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 Contractor 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

Contractor 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.

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 17

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

(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.

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 18

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 preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States. An agreement as a result of this RFP will be for services related to a project that is subject to the Build America, Buy America Act

(BABAA) requirements under Title IX of the Infrastructure Investment and

Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22- FY 2024 CDBG Recipients’ Manual Page

77 11, Initial Implementation Guidance on Application of Buy America

Preference in Federal Financial Assistance Programs for Infrastructure, April

18,2022."

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:

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

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

iii. Attestation statement referencing Infrastructure Investment and

Jobs Act (“IIJA”) or the Bipartisan Infrastructure Law (BIL) and

American Iron and Steel (AIS) requirements

iv. Manufacturing location (s)

v. Signature of representative certifying knowledge of manufacturing processes.

SECTION II – GENERAL CONDITIONS

A. WORK SUMMARY

The current Health Department building is located at 54 Hwy 53, Dawsonville, GA

30534. The new Health Department building is located at 751 Hwy 53 E, Dawsonville, GA 30534. 10,000 square feet of this 16,625 square foot building will be used to house the Dawson County Public Health Department. The remainder of the building will be used to house the Dawson County Environmental

Health Department and the Dawson County Treatment Court. Renovations to the remaining 6,625 square feet of the building will be funded and released for bid

RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 19 independently of this project. The proposed Health Department building was selected due to its central location in Dawson County within the limits of the City of

Dawsonville. The proposed location facilitates easy access for Dawson County citizens, reducing travel barriers and improving public health outcomes. This contract will include the portions of the mechanical, plumbing, electrical and structural renovations that will directly be utilized by the Dawson County

Public Health Department. A narrative can be found on page 214 of this RFP.

A color-coded Department Zone Plan can be found on page 215 of this RFP.

The General Contractor must provide all equipment, materials and labor to complete the repurpose renovations of the building. The General Contractor will ensure that all Georgia Laws, Rules, Regulations and Codes, to include but not limited to, the General Contractor Official Code of Georgia Sections 43-41-1 through 43-41-17, Public Works Official Code of Georgia Title 36, Dawson

County Planning and Development, Codes and Regulations, Building and

Development Codes and the Georgia Department of Community Affairs, Georgia’s Construction Codes are strictly adhered to where appropriate to the scope of work within this RFP document. The Scope of Work Drawings for this RFP document begin on page 217 of this RFP document.

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 construction timeframe is to be 150 calendar days.

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 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 has opted to complete this project using the sealed Request for

Proposals method of procurement for the construction phase. This method best suites the County to allow for an evaluation of the technical proposals received, depicting how the proposer will perform the detailed specifications within the published timelines; to ensure open competition; to secure a weighted cost in which to renovate the building held by the County for this purpose; while meeting the needs of the public that will utilize the facility.

The Dawson County Health Department has faithfully served residents of Dawson

County in its current location since 1950. The Health Department’s current building has adequately met the needs of the local community for many years. However, RFP #479-25 REPURPOSE RENOVATIONS – PUBLIC HEALTH FACILITY – CDBG Page 20 technology, the size of the population, and the needs of residents in Dawson County have drastically changed in the past 74 years. Even with several small expansions and renovations over the years, the current Health Department building is unable to meet the needs of Dawson County’s growing population.

In 1950, Dawson County…