4465-0013 Dare Co Elevation RFB.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF PUBLIC SAFETY – EMERGENCY MANAGEMENT

Hazard Mitigation Grant Program (HMGP)

REQUEST FOR BID (RFB) FOR RESIDENTIAL ELEVATION

PROJECTS: 4465-0013 Dare County

Request for Bid (RFB) #: 4465-0013 Dare County Elevation

Date of Issue: May 6, 2024

Bid Opening Date: May 23, 2024 at 2:00 PM ET

Direct all inquiries concerning this RFB to:

Sherri Garte Contract Specialist

Email: sherri.garte@ncdps.gov

COVID NOTICE: The DPS Purchasing & Logistics Office is making every effort to minimize coronavirus contagion. While all bid openings are public events, and they will continue to be conducted in our offices as scheduled, we are strongly urging vendors to forego attendance alternative, please remember that tabulations of all bid openings are available on the Interactive Purchasing System (IPS) website by close of business on the day of opening.

Bid Number: #4465-0013 Dare County Elevation

EXECUTION

By executing this Request for Bid (RFB), the undersigned Vendor understands that False certification is a Class I felony and certifies that:

that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. §143-59.2), and it is not an ineligible Vendor as set forth in G.S. §143-59.1.

Furthermore, by executing this RFB, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. §143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any future Contract awarded as a result of this RFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

G.S. §133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this RFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Failure to execute/sign RFB prior to submittal shall render Bid invalid and it will be REJECTED.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

Offer valid for at least ninety (90) days from the date of bid opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing the Request for Bid.

ACCEPTANCE OF BID

If any or all parts of this bid are accepted by the State of North Carolina, an authorized representative of DPS shall affix his/her signature hereto and this document and all provisions of the original 19-RFPQ-410898913-GSX, this Request for Bid, the Vendor response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). This procurement complies with the State’s own procurements laws, rules, and procedures per 2 C.F.R.

§200.317.

FOR STATE USE ONLY: Offer accepted and Work Order awarded this ________ day of __________________, 2024, as indicated on the attached notification, by ____________________________________________________________________.

(Authorized Representative of Department of Public Safety)

STATE OF NORTH CAROLINA

Department of Public Safety

Refer ALL Inquiries regarding this RFB to:

The procurement lead through the Message Board in the Sourcing Tool. See section 2.3 for details:

Request for Bid #4465-0013 Dare County Elevation Bid will Be Publicly Opened May 23, 2024 at 2:00 pm ET

Using Agency: NCEM, Hazard Mitigation Requisition Number #RQ94943

Commodity No. and Description: 721110, Residential Elevation Projects Dare County

TABLE OF CONTENTS

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR BID DOCUMENT

2.2 SUBMISSION INSTRUCTIONS

2.3 QUESTIONS

2.4 REQUEST FOR BID CONTENTS

2.5 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 REQUEST FOR BID EVALUATION PROCESS

3.3 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.4 CONFIDENTIALITY DURING PROCESS

3.5 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 APPROVED PRICING AND COSTS

4.2 CHANGE ORDER

4.3 WORK ORDER TERM

4.4 PRICING

4.5 INVOICES

4.6 WITHDRAWAL

4.7 LIQUIDATED DAMAGES

4.8 CONTRACT MANAGER AND CUSTOMER SERVICE

4.9 SCOPE OF SERVICES

4.10 DESCRIPTION OF SERVICES AND REQUIREMENTS

4.11 ELEVATION SCOPE OF WORK

4.12 ADDITIONAL REQUIREMENTS

5.0 WORK ORDER

5.1 WORK ORDER SPECIFICATIONS

5.2 VENDOR’S REPRESENTATION

5.3 WORK ORDER AUTHORIZATION AND COMPENSATION

6.0 ADMINISTRATION

6.1 POST AWARD PROJECT REVIEW MEETINGS

6.2 CONTINUOUS IMPROVEMENT

6.3 PERIODIC WEEKLY STATUS REPORTS

6.4 ACCEPTANCE OF WORK

6.5 FAITHFUL PERFORMANCE

6.6 DISPUTE RESOLUTION

6.7 CONTRACT CHANGES

6.8 ATTACHMENTS

ATTACHMENT A: BID WORKSHEET

ATTACHMENT B: SUPPLEMENTAL PROPERTY DETAILS

ATTACHMENT C: SUBCONTRACTOR FORM

ATTACHMENT D: VENDOR ELECTRONIC PAYMENT FORM

ATTACHMENT E: INSTRUCTIONS TO VENDOR

ATTACHMENT F: N.C. GENERAL TERMS AND CONDITIONS

ATTACHMENT G: CONSTRUCTION GENERAL CONDITIONS

ATTACHMENT H: FEMA RULES AND REGULATIONS

1.0 PURPOSE AND BACKGROUND

Vendors have been approved to perform work on Hazard Mitigation Grant Program (HMGP) projects pursuant to 19-RFPQ-410898913-GSX. The North Carolina Department of Public Safety (DPS), Division of Emergency Management (NCEM) is seeking bids from those prequalified Vendors to provide services as described in the attached Scope of Work in this Request for Bid (RFB).

Bids shall be submitted in accordance with the terms and conditions of this RFB and any addenda issued hereto.

1.1 CONTRACT TERM

The Contract shall have an initial term beginning on the date of award (the “Effective Date”) and continue for 12 months after the date of award or until the completion and acceptance of all work contained within the scope of work, whichever is sooner.

The Vendor will be held to the Project Time Frame provided by the Vendor in Attachment A and required to complete the required work in that span, subject to potential adjustments as a result of events beyond its reasonable control. The beginning and the time for completion of the of the Project Time Frame are essential conditions of the contract. Note that the Vendor’s Project Time Frame will not begin to run until the Vendor receives the Notice to Proceed. This Project Time Frame may be subject to adjustments pending evaluation and prior to award.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR BID DOCUMENT

This RFB is comprised of the base document, any attachments, and any addenda released before RFB award. All attachments and addenda released for this RFB in advance of any award are incorporated herein by reference.

Vendor shall attach its response to this RFB for submission; however, any and all additional, modified or conflicting terms and conditions submitted on or with Vendor’s bid shall be disregarded and shall not be considered part of any Work Order arising from this RFB. Any attempt to delete or avoid the force of the previous sentence shall render Vendor’s bid invalid and non-responsive, and it shall not be considered.

2.2 SUBMISSION INSTRUCTIONS

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this RFB by the specified time and date of opening. Failure to submit a bid in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s bids(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s bids for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

Tips for Using the Sourcing Tool Bid

a) Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

b) Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

https://eprocurement.nc.gov/training/vendor-training

c) Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

d) Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State.

Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

2.3 QUESTIONS

Upon review of the RFB documents, Vendors may have questions to clarify or interpret the RFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by May 13, 2024 at 2:00 pm unless modified by Addendum.

Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFB.

Vendors will enter “#4465-0013 Dare County Elevation Questions” as the subject of the message. Question submittals should include a reference to the applicable RFB section. This is the only manner in which questions will be received.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET.

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this RFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFB and an addendum to this RFB.

2.4 REQUEST FOR BID CONTENTS

Vendor shall populate all attachments of this RFB that require the Vendor to provide information and include an authorized signature where requested, as outlined below. Vendor responses shall include the following items and they should be arranged in the following order:

1) Completed and signed version of the EXECUTION PAGE and signed receipt pages of any addenda released in conjunction with the RFB.

2) Completed version of ATTACHMENT A: BID WORKSHEET (excel document attached in Sourcing Tool)

3) ATTACHMENT C: SUBCONTRACTOR FORM

4) ATTACHMENT D: VENDOR ELECTRONIC PAYMENT FORM (document attached in Sourcing Tool)

5) ATTACHMENT E: INSTRUCTIONS TO CONTRACTORS

6) ATTACHMENT F: N.C. GENERAL TERMS AND CONDITIONS

7) ATTACHMENT G: CONSTRUCTION GENERAL TERMS

8) ATTACHMENT H: FEMA RULES AND REGULATIONS

2.5 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) AUDIT: The contract(s) awarded pursuant to this RFB are subject to audits by state and federal agencies and/or their authorized independent auditors. The auditors may conduct contract performance, financial and/or forensic/fraud audits.

b) BASE FLOOD ELEVATION (BFE): The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.

c) BATCH: A grouping of similar Work Orders/Scopes of Work grouped together.

d) CONSTRUCTION MANAGER (CM): A North Carolina licensed GC with construction management experience that will provide NCEM with construction management services.

e) CONSTRUCTION MANAGEMENT COSTS: Construction Management Costs, per this agreement, are those costs directly related to constructions management services on a per home/structure basis and do not include overall project fees. Per the attached bid worksheet, Construction Management Costs will be bid out on a per home/structure basis and reimbursement shall correspond directly to work actually performed on that home/structure. If a home/structure should withdraw prior to the completion, the Vendor shall receive a percentage of the total amount provided in this bid that corresponds to a percentage of the actual work performed. If a home withdraws prior to any constructions management services taking place for that home, then no Construction Management Costs will be awarded for that home/structure.

f) CLOSEOUT: That period that runs from Substantial Completion (when the Certificates of Occupancy are obtained for each property in each project) until the remainder of contract obligations are completed by the Vendor. In this period, all remaining Request for Reimbursements (RFRs) and administrative documents must be provided.

g) DESIGN FLOOD ELEVATION (DFE): The regulatory flood elevation adopted by the local community which is equal to the base flood elevation plus freeboard.

h) ELEVATION: The process of elevating a structure to or above the DFE to reduce the risk of flood damage.

An Elevation Certificate must be obtained for each property. In North Carolina, Elevation Certificates can only be signed/stamped by a Certified Land Surveyor.

i) ENGINEER OF RECORD (EOR): The Professional Engineer responsible for designing the plans and providing engineering insight during the design and construction phases of the project. The EOR is responsible for reviewing any necessary modifications before and during construction.

j) FREEBOARD: Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. The amount of freeboard required each project shall be verified with the local jurisdictions.

k) GC: General Contractor, licensed in the State of North Carolina.

l) NOTICE TO PROCEED (NTP): Notice to Vendor to commence work to be performed under this agreement.

The NTP will be provided to the awarded Vendor at the pre-construction conference.

m) PE: Professional Engineer, licensed in the State of North Carolina.

n) PRIME CONTRACTOR: The person or firm who responds to this RFB and is responsible for daily oversight of the project. This includes providing construction management, subcontracting construction services, managing timelines and budgets, acquiring the necessary designs and permits, as well as ensuring all inspections and certificates are acquired by completion of the project. Prime Contractor is also referred to as the Vendor and used interchangeably throughout this RFB.

o) PROJECT: A grouping of a single property or properties corresponding to specific project number. Multiple projects may be included on the same bid.

p) PROJECT MANAGER (PM): The person who leads the project, to whom the Vendor reports, ensuring overall project deadlines and project funds are distributed to all essential parties. For elevation projects, the project manager is a representative of the State.

q) PROJECT TIME FRAME: Vendor shall provide the anticipated Project Time Frame. This Project Time Frame, in calendar days, shall begin with the Notice to Proceed and conclude when all work called for in this RFB is completed.

r) RA: Registered Architect, licensed in the State of North Carolina.

s) RFB: Request for Bid.

t) RFPQ: Request for Prequalification.

u) RFR: Request for Reimbursement.

v) SCOPE OF WORK: The agreed upon duties and responsibilities of the Vendor for each project site. The Scope of Work may only be altered by a change order.

w) STATE: The State of North Carolina, including any of its sub-units and political subdivision recognized under North Carolina law. The State and NCEM HM may be used interchangeable throughout this document.

x) STATE AGENCY: For purposes of this RFB, any sub-unit within the executive branch of the State, State Officials or Council of State Agencies that may have statutory, managerial or regulatory duties arising from or related to this RFPQ, State Disaster Recovery Acts of 2016, 2017 and 2018, and subsequent acts, and/or Hazard Mitigation Grant Program (HMGP) and these sub-units include but are not limited to: North Carolina Emergency Management (NCEM), Governor’s Office, Department of Public Safety (including NCEM and Division of Purchase & Logistics), Department of Administration (including State Construction Office and Purchase and Contract), State Building Commission, Department of Insurance, Department of Labor, Department of Insurance, Office of State Auditor, Office of the State Controller, Office of State Budget and Management, State Treasurer, Office of the Attorney General, and State licensing boards.

y) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual, or other entity submitting a response to a Request For Bid (RFB). Following award of a contract, the term refers to an entity receiving such an award. Vendor is also referred to as the Prime Contractor and used interchangeably throughout this RFB.

z) WORK ORDER: Specific, written authorization to perform the task(s) listed therein.

3.0 METHOD OF AWARD AND EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Services being procured shall dictate the application and order of criteria;

however, all award decisions shall be in the State’s best interest. All qualified bids will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFB Specifications and achieving the highest and best final evaluation, based on the criteria described below.

NCEM may obtain bids from one or more potential Vendors. In order for a Vendor’s bid to be considered responsive, Vendor must bid on all properties. All bids will be evaluated, and the award will be made based on the lowest responsive, responsible bid meeting specifications. Each project grouping may be evaluated and awarded separately.

While the intent of this RFB is to award a Contract to a single Vendor for this project, the State reserves the right to make separate awards to different Vendors for one or more projects, or to not award any projects or to cancel this RFB in its entirety without awarding a contract, if it is considered to be most advantageous to the State to do so.

3.2 REQUEST FOR BID EVALUATION PROCESS

a) The State shall review the responses to this RFB to confirm that they meet the specifications and requirements. The State reserves the right to waive any minor informality or technicality.

b) For all responses that pass the initial review process, the State will review and assess Vendors’ pricing. The

State may request additional formal responses or submissions from any or all Vendors for the purpose of clarification or to amplify the materials presented in the RFB. Vendors are cautioned, however, that the State is not required to request clarification, and often does not. Therefore, all responses should be complete and reflect the most favorable terms available from Vendor. Prices cannot be altered or modified as part of a clarification.

c) The State reserves the right to contract references as well as any other known sources to verify Vendor’s past performance. This information may be considered in making an award.

d) Vendors are cautioned that this is a request for bid, not a request or an offer to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

3.3 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 27 of the Instructions to Vendors entitled COMMUNICTIONS BY VENDORS.

Each Vendor submitting a response to this RFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s bid, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s bid may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFB or inquiries directed to the purchaser named in this RFB regarding requirements of the RFB (prior to bid submission) or the status of the award (after submission) are excepted from this provision.

3.4 CONFIDENTIALITY DURING PROCESS

During the evaluation period and prior to award, all information concerning the responses and evaluation is confidential, and possession of the responses and accompanying information is limited to personnel of the issuing agency and any third parties involved in this procurement process, and to the committee responsible for participating in the evaluation. Any attempt on behalf of Vendor to gain such confidential information, or to influence the evaluation process (e.g., contact anyone involved in the evaluation, criticize another Vendor, offer any benefit or information not contained in the bid) in any way is a violation of North Carolina purchasing law and regulations and shall constitute sufficient grounds for disqualification of Vendor’s offer from further evaluation or consideration in the discretion of the State (NCAC 05B. 0103).

3.5 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS

It shall be Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFB and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFB.

If Vendors have questions, issues, or exceptions regarding any term, condition, instruction, or other component within this RFB, those shall be submitted as questions to the Agency pursuant to Section 2.3 of this RFB. If the State determines that any changes will be made as a result of the points raised, then such decisions will be communicated in the form of an addendum. Other than through this process, and subject to the provisions of Section 2.3, the State rejects and shall not be required to evaluate or consider any additional or modified terms and conditions or Instructions to Vendor submitted with Vendor’s bid. This applies to any language appearing in or attached to the RFB as part of the Vendor’s bid that purports to vary any terms and conditions or FEMA rules, requirements, standards, HMGP requirements and/or the State’s instructions herein or to render the RFB as non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer to perform HMGP contracts assigned or awarded to Vendor after competitive bidding. By execution and delivery of a response to the RFB, Vendor agrees that any additional or modified terms and conditions, including Instructions to Vendors, whether submitted purposely or inadvertently, or any purported condition to the offer shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO).

Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute grounds to reject Vendor’s Bid as nonresponsive.

3.6 INTERPRETATION OF TERMS AND PHRASES

This RFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide a (together with other specified documents) the terms of the Work Orders resulting from this procurement. As such, all terms in the original RFPQs #19-RFPQ-410898913-GSX, its addenda and the RFB shall be enforceable in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFB. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety.

4.0 REQUIREMENTS

This section lists the requirements related to this RFB. By submitting a response, the Vendor agrees to meet all the stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFB. If the Vendor is unclear or has any questions about the specifications, requirements, or terms and conditions herein, it is urged and cautioned to contact the issuing agency Contract Lead as specified in this Request.

4.1 APPROVED PRICING AND COSTS

CONSTRUCTION COSTS: Vendors will have to agree to pricing, which is different depending upon the batch awarded. For projects $30,000 and above, Vendors shall provide proposing pricing for appropriate items specified on ATTACHMENT A: BID WORKSHEET. Any changes to prices will be used for future bids and will not be retroactive for projects which already have signed Notices to Proceed.

4.2 CHANGE ORDER

The State may at any time, as the need arises, order changes within the Scope of Work without invalidating the contract. If such changes increase or decrease the amount due under the contract, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order.

At any point during the construction or design process, if the Scope of Work changes, a Change Order shall be submitted, and pricing shall be negotiated with the State prior to proceeding. These Change Orders will have to be approved by NCEM and/or by the Authority Having Jurisdiction. Vendors shall provide NCEM with documentation of these required changes with submitted Change Order.

4.3 WORK ORDER TERM

Each Work Order shall have an initial term of 12 months after Notice to Proceed for elevation projects.

At the end of the Work Order’s current term, the State shall have the option, in its sole discretion, to extend the Work Order on the same terms and conditions. The State will give Vendor written notice of its intent whether to exercise each option no later than 10 days before the end of the Work Order’s then-current term.

4.4 PRICING

This RFB requires Vendor to provide its best price per line item for each project, whether that be per square-foot or a lump-sum fixed price, including all applicable charges for including all applicable charges for labor, materials, transportation, general and administrative overhead, and profit for each project within this RFB. Complete ATTACHMENT A: BID WORKSHEET (Worksheets Attached in Email) and include in Bid. The individual pricing items provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become the price for each element on the resulting Contract.

This RFB will require the Vendor to provide the best price per square foot (or lump sum fixed price) for each project bid for elevation. Any costs not reflected in the Work Order (WO) will be paid out according to an authorized change order after showing documentation that additional costs are required by the Authority Having Jurisdiction. The Work Order (WO) is a comprehensive document that contains the awarded vendor name, price awarded pursuant to this RFB, address of the project, program and insurance requirements that shall be followed by awarded vendor.

Change Order pricing shall be negotiated between Vendor and NCEM.

Price shall constitute the total cost to the State for all deliverables required in each Work Order. Vendor shall not invoice for any amounts not specifically allowed for in this Work Order Batch per ATTACHMENT A: BID WORKSHEET (attached in email) and included with Vendor’s bid. Vendor shall submit for any and all projects in this RFB.

4.5 INVOICES

Vendor shall submit invoices to the NCEM Project Manager once every 30 days or as agreed upon during the Pre- Construction Meeting. The standard format for invoicing shall be single invoices, meaning Vendor shall provide the Project Manager with an invoice for each task or Work Order for each project site. Each task will only be permitted to be invoiced once, unless approved, in writing, by NCEM. Vendor will submit a separate invoice per bid project number. Invoices shall include detailed information, supporting documentation, proof of completion, and/or deliverables (as specified in the RFPQ) requested in a Work Order to allow NCEM or their designee to verify fees, costs, and/or expenses.

At a minimum, the following fields shall be included on all invoices: Vendor’s Contact Information, RFB Number, Bid Project Number, Work Order Date, Site Address, Item Description, Price, Quantity, and Unit of Measure.

Proof of payment for supplies and materials to accompany invoices will be accepted in the following formats: copy of cancelled check, copy of CC/Cash receipt, copy of electronic funds transfer, and/or copy of wire transfer.

Proof of completion will be accepted in the following formats: Project Manager site visit and supplemental sign-off, drawings, reports, certificates, photos and/or any other format approved by the NCEM Project Manager.

Vendor(s) wishing to participate electronic fund transfer (EFT) shall fill out and submit with bid ATTACHMENT D:

VENDOR ELECTRONIC PAYMENT FORM.

4.6 WITHDRAWAL

NCEM makes no guarantee of volume of work under any contract. Homeowner(s) may elect to withdraw from the program at any time up until the start of construction. All parties (Homeowner, Subrecipient, Vendor and State) shall be notified within 7 days of the signed withdrawal letter. At time of withdrawal, the Vendor shall submit a final invoice for all tasks completed thus far on the project site, along with the percentage of the overall management costs, and overhead and profit associated with this property. Once the final invoice for a withdrawn property has been processed, no additional invoices may be submitted in association with the property unless approved by NCEM in writing.

4.7 LIQUIDATED DAMAGES

The date of beginning and the time for completion of the work within the Project Time Frame are essential conditions of the contract and the work embraced shall be commenced on the date specified in the Notice to Proceed. In addition to the Project Time Frame, other mandatory progress time frames are contained within this solicitation. The Vendor will proceed with work at such a rate of progress to insure full completion within established time frames. The time frames for completion of work and progress will reviewed and confirmed by the State and the Vendor, in writing, at the time of the pre-construction conference. It is expressly understood and agreed, by and between the Vendor and the State, that the contracted time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

The Vendor also understands that if circumstances beyond his/her control cause a delay in the Vendor’s construction schedule, the Vendor may request an amendment to the agreed time frames for completion and progress of work. The time for completion of work may then be amended, in writing, by mutual assent of the Vendor and the State. Any delay in work caused by the Vendor’s failure to submit deliverables for approval shall not be considered as adequate justification for an extension of the project performance schedule.

For each business day in excess of the above number of days, the sum of $250.00 per day shall be deducted from Vendor’s next draw request as liquidated damages reasonably estimated in advance to cover the losses incurred by NCEM by reason of failure of said Vendor to complete the work within the time frame specified, such time being in the essence of this Contract and a material consideration thereof.

The Vendor shall not be charged with liquidated damages or any excess cost when the delay in completion of work is due to the following and the Vendor has promptly given written notice of such delay to the State:

a) To any preference, priority or allocation order duly issued by the State in writing.

b) To unforeseeable causes beyond the control and without the fault or negligence of the Vendor, including by not restricted to, acts of God, or of the public enemy, acts of the State, acts of another Vendor in performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and

c) To any delays of subcontractors occasioned by any of the causes specified in paragraph (b) of this section.

4.8 CONTRACT MANAGER AND CUSTOMER SERVICE

Vendor shall designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for contract related issues and issues concerning performance, progress review, scheduling and service.

Contract Manager Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

4.9 SCOPE OF SERVICES

NCEM is seeking to procure the services of Prime Contractors (Vendors) to oversee several aspects of the implementation process for elevation projects. It is the responsibility of the selected Prime Contractor(s) to manage the overall construction before, during, and after elevating the structure, obtaining approved engineered designs, acquiring all necessary permits and inspections from local jurisdictions, and the completion of elevation certificates and certificates of occupancy. Upon completion, the site shall be returned to a state that meets and/or exceeds the pre-elevation condition as well as any modifications necessary to bring the site into compliance with local, State, and Federal requirements.

NCEM has prequalified Prime Contractors based on work/project capacity, construction experience, experience with lead, asbestos and environmental abatements, and such other considerations that may be identified in grant eligibility determinations and HMGP rules/standards and/or NCEM best practices and/or financial controls. NCEM shall award HMGP projects in a process that is in the best interest of the HMGP and/or specific areas or communities. NCEM has developed a policy/procedure to fairly award HMGP construction projects.

Additionally, the Prime Contractor shall select a construction manager for these projects that shall be licensed in the State of North Carolina as a General Contractor. Should the Prime Contractor allocate work to subcontractors, those subcontractors shall have the appropriate registrations and/or licenses to work in the State of North Carolina, verified by the Prime Contractor, and shall be provided to the State as requested. A list of subcontractors to be used should be included in the RFB submission package. As much as possible, laborers and subcontractors should be local to the community in which the work is being completed, unless locally contracted crews are substantially more expensive or unavailable to complete work within the deadlines. Each subcontractor shall be able to provide a comprehensive list of positions and laborers utilized.

A pre-construction conference shall take place after RFBs have been awarded to discuss the Scope of Work with the Prime Contractor(s) and Hazard Mitigation leadership. The Notice to Proceed will be given during this preconstruction conference. Within 14 days following this conference, the Prime Contractor(s) shall provide an initial project schedule and Scope of Work for all awarded projects. Additionally, the Prime Contractor(s) shall mobilize to the first project site within 90 days of the pre-construction conference. In order to mobilize, the Prime Contractor(s) shall collect all the necessary documentation to begin construction on its first project site (e.g., engineered designs, permits, surveys, temporary utilities, etc.), as well as obtaining the homeowner(s) approval of these documents. Construction work shall begin on the first project site by the end of this 90-day timeframe.

Work shall be completed and reach the relevant time frames within the contracted time for each project, subject to environmental remediation.

The Prime Contractor shall be responsible for coordinating with and providing funding to the homeowner(s) or tenant(s) for temporary lodging during the elevation process. The Prime Contractor shall obtain receipts as the required proof of payment needed to submit with the invoices to the State for reimbursement. Only charges for temporary lodging will be reimbursable; no additional fees (e.g., room damages, room service, food or beverage purchases, etc.) incurred by the homeowner(s) or tenants(s) will be reimbursed to the Prime Contractor by the State.

During the life span of each project, the Prime Contractor shall be responsible for monitoring for any Environmental and Historic Preservations (EHP) issues that may arise onsite (i.e., ground disturbances, human remains, etc.). NCEM shall be notified immediately of such occurrence and the appropriate design adjustments shall be taken into consideration.

Prime Contractor(s) will be bound to specific terms and conditions which are subject to change prior to the execution of any contract that may result from this Solicitations. It is the intent and goal of NCEM and the State of North Carolina to ensure every project is successful, so Prime Contractor(s) are encouraged to work proactively to identify and resolve all issues and problems immediately to minimize delays in completing projects.

4.10 DESCRIPTION OF SERVICES AND REQUIREMENTS

Prime Contractors must be familiar with North Carolina, local and/or regional Housing Guidelines, if applicable. Each local/regional program will be nuanced depending on local construction requirements, community recovery needs, program goals, and other applicable locally approved program requirements.

NCEM’s focus is on customer service for the citizens participating in the program as well as compliance with all applicable guidelines and regulations.

a) Hazard Mitigation Assistance (HMA) Guidance and subsequent Addendum FEMA’s guidance applies to HMGP disasters declared on or after February 27, 2015, unless indicated otherwise. This guidance is also applicable to the BRIC and FMA programs. The addendum supplements the information provided in the HMA Guidance.

b) Americans with Disabilities Act (ADA) of 1990 requirements ADA has established standards of compliance that must be followed by every GC on every project where it is mandatory. In addition, GCs will have to adhere to all local, state and federal rules and regulations.

c) Customer Service All participants shall be treated with dignity and respect. The State expects responsiveness to the State and the homeowner, first-class customer service, and interactions and communications that are easily understood prompt, and courteous.

4.11 ELEVATION SCOPE OF WORK

Each elevation shall consist of several marked steps to be approved by the local authority having jurisdiction in order to initiate, execute, and closeout each project. These steps may require multiple site visits by various professionals along with meetings between the Prime Contractor, NCEM, subgrantee representative, and/or homeowner(s). The Prime Contractor(s) and/or licensed professional shall schedule or provide services that include, but are not limited to, the following:

a) PRE-CONSTRUCTION CONFERENCE: A meeting between NCEM and the Prime Contractor to discuss the initial project schedule and Scope of Work after the award of the Contract. After schedule is approved, the city, town, or county shall be notified in order to relay anticipated schedule to each homeowner. Prime Contractor will be responsible for contacting each homeowner a minimum of 14 days prior to the start of construction at their property. Additionally, Land and Right of Entry documentation shall be verified for each project site to allow NCEM, Prime Contractor and all subcontractors access to the properties in order to perform duties.

b) INITIAL EVALUATION: Prime Contractor conducts initial site visit to determine the feasibility of elevating the structure. If elevation is determined to be feasible, PE and/or RA to create pre-developed design concepts. A completed feasibility analysis shall be provided to NCEM along with an outline of the general methods and operational procedures from the Prime Contractor for completing the elevation.

c) ARCHITECTURAL CONSULTATION PROCESS: Homeowner will review pre-developed design concepts of the PE and/or RA and elect to continue with the elevation process, change mitigation type, or withdraw from the program. Homeowner does not dictate the design of the structure. Plans should accommodate any minimum HOA requirements and meet code standards and program requirements. After approval by the homeowner, the PE and/or RA can proceed with completing the construction documents for the Prime Contractor.

d) SITE SURVEY AND PRE-ELEVATION CERTIFICATE: As part of the Hazard Mitigation program, an elevation certificate must be completed and provided to NCEM, community official, insurance company, and the homeowner before elevating the structure. This certificate must be completed, signed, and sealed by a licensed land surveyor, engineer, or architect registered in North Carolina and authorized by law to certify elevation information. The site survey shall include property lines, existing setback measurements, the footprint of the existing structure, elevation heights, and grade heights.

e) GEOTECHNICAL: Geotechnical soil borings shall be required for soil type classification on elevation projects.

Two soil borings are required per property and test results shall be submitted to NCEM and the PE/RA office for review. The PE/RA may deem a soil boring is not required if testing results for adjacent properties are provided to them. This will be the decision of the PE/RA whom will provide the decision, in writing, to the Prime Contractor and NCEM.

f) TERMITE, LEAD-BASED PAINT AND ASBESTOS: Inspections shall be conducted on the structure for signs of termites, lead-based paint, and asbestos. Should any of these be discovered in the work area, the necessary abatement(s) shall be performed prior to proceeding with project. Vendor does not have to provide a cost for the abatement on the Attached Bid form, only for the inspections of termite, lead-based paint, and asbestos. For any abatement costs not specified on the RFB pricing form, a Change Order shall be submitted, and pricing shall be negotiated with the State prior to proceeding with the abatement(s). An inspection report or letter from a qualified person providing documentation for the necessary abatement(s) shall be submitted with the Change Order.

g) ENGINEERING AND DESIGN: On behalf of the Prime Contractor, PE/RA shall prepare construction documents that include, but are not limited to: foundation design, structural enhancement for stabilization, wind/seismic considerations, hydrodynamic/hydrostatic considerations and any additional details required to obtain the permitted plan set. During the elevation, if additional structural issues are discovered and the Prime Contractor desires to deviate from the permitted plan set, a Change Order shall be submitted and pricing shall be negotiated with the State prior to proceeding with any additional work.

h) CONSTRUCTION DOCUMENT PRESENTATION: Once the construction documents are completed by the PE/RA, they shall be presented to the homeowner and NCEM for final review and approval, in writing, before construction begins. As part of this presentation to the homeowner, the Prime Contractor must indicate the foundation type in bid (CMU block, piles, or piers). The Prime Contractor must indicate in the Property Bid Worksheet under Elevation Construction Details section, the foundation type it intends to use for each structure. At this time, the homeowner has the option to accept the prepared design or withdraw from the program. No construction may begin on the home without the homeowner’s final review and approval in writing. These documents must be provided to NCEM prior to the beginning of construction. Note that these Construction Documents are not a substitute for the Prime Contractor’s individual with the homeowner. It is the responsibility of the Prime Contractor to obtain contracts with the home/property owners for the work they are performing.

i) PERMITS: The Prime Contractor shall obtain all required permits with the local authority having jurisdiction prior to beginning construction. A copy of all permits and the permitted plan set shall be provided to NCEM as well as clearly displayed on site. Failure to properly display these permits and the permitted plan set on site shall result in a $50.00 fine for each day for each site where a violation is discovered and until the issue is remedied.

j) MOBILIZATION: Prime Contractor to complete preparatory work and operations necessary to facilitate the movement of personnel, equipment, supplies and incidentals to the project site.

k) PREPARATORY SITEWORK: All preparatory sitework necessary to ready the site for lifting (e.g. access, grading, excavating, etc.). The Prime Contractor shall protect all trees and shrubs designated to remain in the vicinity of the operations. Additionally, the Prime Contractor is responsible for the entire site and shall provide all the necessary protections as required by laws or ordinances governing such conditions.

l) DEACTIVIATION AND DISCONNECTING UTILITIES: All exterior utilities shall be deactivated and disconnected prior to the elevation process. Damages caused by the Prime Contractor during disconnect is a cost that will fall to the Vendor.

m) LIFTING: Method of lifting may vary per foundation type. In the Bid Worksheet below, the Prime Contractor must indicate the foundation type in bid (CMU block, piles, or piers). New steel beams shall be installed under the existing foundation per lifting plan. The existing structure shall be disconnected from its foundation and raised above the design flood elevation with hydraulic lifts (or alternative approved method) and stabilized on temporary cribbing to allow for construction to begin on the foundation.

n) DEMOLITION/DEBRIS REMOVAL: As required by the permitted plans, the existing foundation may need to be demolished based on site conditions and/or new design. All debris generated by the construction process shall be removed from the site and disposed of or recycled at an approved facility, following environmental regulations.