4465-0014 Pender Co Aq-Demo.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF PUBLIC SAFETY – EMERGENCY MANAGEMENT

Hazard Mitigation Grant Program (HMGP)

REQUEST FOR BID (RFB)

RESIDENTIAL CONSTRUCTION SERVICES

ACQUISITION & DEMOLITIONS

PROJECTS: 4465-0014 Pender County

Request for Bid (RFB) #4465-0014 Pender County Acq/Demo

Date of Issue: April 22, 2024

Bid Opening Date: May 9, 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.

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 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 #: 4465-0014 Pender County Acq/Demo Bid will Be Publicly Opened: May 9, 2024 at 2:00 pm ET

Using Agency: NCEM, Hazard Mitigation Requisition #: RQ97054

Commodity No. and Description: 80130000, Residential Acquisition & Demolition

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 PRICING

4.4 INVOICES

4.5 WITHDRAWAL

4.6 LIQUIDATED DAMAGES

4.7 CONTRACT MANAGER AND CUSTOMER SERVICE

4.8 ACQUISITION SERVICES SCOPE OF SERVICES

4.9 DEMOLITION SERVICES SCOPE OF WORK

4.10 ACQUISITION/DEMOLITION SERVICES PRICING

4.11 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

RFB #4465-0014 Pender County Acq/Demo Vendor:________________________

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

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.

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

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.

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 the “Submit Written Questions” date and time provided below, 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 April 29, 2024 at 2:00 PM. Vendors will enter #4465-0014 Pender County Acq/Demo 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 any 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 Sourcing Tool)

3) ATTACHMENT C: SUBCONTRACTOR FORM

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

5) ATTACHMENT E: INSTRUCTIONS TO VENDOR

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

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

d) 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.

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

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

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

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

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

j) PROJECT MANAGER (PM): The person who leads the project, to whom the Prime Contractor 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.

k) 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 at Substantial Completion.

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

m) RFB: Request for Bid.

n) RFPQ: Request for Prequalification.

o) SCOPE OF WORK: The agreed upon duties and responsibilities of the Prime Contractor for each project site.

The Scope of Work may only be altered by a change order.

p) STATE: The State of North Carolina, including any of its sub-units and political subdivision recognized under

North Carolina law.

q) 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 RFB, 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.

r) SUBSTANTIAL COMPLETION: The period of time at which the Vendor completes Demolition on all properties within a project. Note that some bids may contain more than one project. Vendor will provide pictures as proof of Substantial Completion for the Demolition phase.

s) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual, or other entity submitting a response to a Request For Bid (RFB), and 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 Following the 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.

t) 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 proposals 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 responsively bid on all properties and those line items within each property and project, included those properties listed as options. All bids will be evaluated, and the award will be made based on the lowest responsive, responsible bid meeting specifications for all properties.

The property(s) listed as an option(s) in this solicitation has been funded but is awaiting final administrative approval and documentation. Once final administrative approval has taken place, the State may exercise that option(s) as long as it takes place within option(s) exercise term provided in this solicitation by the selected Vendor(s) in Attachment A below. The State asks the Vendor to provide a time frame by which they would need to have the option(s) exercised by the State in order to complete the optioned property within the total project time frame.

The Contract shall have an initial term per the vendor’s project time frame provided in Attachment A, beginning on the date of contract award (the “Effective Date”).

Except where it is determined not to be in the State’s best interest, the State will evaluate offers for award purposes by adding the total price for all options to the total price the prime bid. Evaluation of options will not obligate the State to exercise the options.

While the intent of this RFB is to award a Contract and the right to the options to a single Vendor for all projects, 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 contact 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 30 of the Instructions to Vendors entitled COMMUNICTIONS BY VENDORS.

Each Vendor submitting a proposal 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 proposal or qualifications, the content of another Vendor’s proposal, 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 proposals, 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 proposal 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 proposal 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 proposal. This applies to any language appearing in or attached to the RFB as part of the Vendor’s proposal 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 proposal 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 RFPQ #: 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

ACQUISITION COSTS: Contractors 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. For projects under $30,000, composite pricing will be set by the Vendor in conjunction with NCEM. Vendors who do not accept the composite pricing will not be awarded contracts below $30,000.

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 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.

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.

4.4 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 RFB) 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.

4.5 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 construction management costs associated with the completed tasks and overhead and profit associated with this property. The Vendor will be reimbursed for all completed tasks on the project site. In addition to reimbursement for completed tasks, a percentage of the construction management costs will be awarded based on the completed reimbursable tasks prior to withdrawal. For example, if 20 percent of reimbursable tasks have been completed prior to withdrawal, then the Vendor will be reimbursed 20 percent of the construction management costs for the particular 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.

4.6 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 for completion 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 Prime Contractor’s next draw request as liquidated damages reasonably estimated in advance to cover the losses incurred by NCEM by reason of failure of said Prime Contractor to complete the work within the time 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.

4.7 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:

4.8 ACQUISITION SERVICES SCOPE OF SERVICES

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

a) NOTIFY THE PROPERTY OWNER: Prime Contractor meets with each homeowner(s) to provide project timeline, conduct a review, assist as necessary with a Duplication of Benefits (DOB) analysis through coordination with the subgrantee representative, homeowner, and State, and determine eligibility for Uniform Relocation Act (URA) assistance and State Acquisition Relocation Funds (SARF). Conclude settlement with the homeowner(s) on the first project site within 90 days of the pre-acquisition conference.

b) OBTAIN A SURVEY: It is necessary to have a legal mete and bounds description of the property to be acquired. An exception to this may be the acquisition of easements where the easement joins an existing property line. To obtain a mete and bounds description requires the property to be surveyed by a professional land surveyor. Professionally prepared survey plats created prior to intuition may be considered eligible at the discretion of the State Hazard Mitigation Officer.

c) CONDUCT TITLE SEARCHES: As with all real estate transactions a title search is conducted in order to assure the property to be acquired is being acquired from rightful owners. It is necessary to have an attorney render an opinion of title for each property to be acquired in order to identify any ownership issues and encumbrances that will need to be resolved prior to closing.

d) CONDUCT PROPERTY APPRAISAL: An appraisal must be completed on the property in the project. The appraisal must be a current fair market value. An appraisal must be completed for each property each project, including any vacant lots. The appraisals should recognize that the majority of properties in the acquisition project are located in a Special Flood Hazard Area. Appraisers must be licensed by the State of North Carolina. Prior to any appraisals being conducted, the Sub-applicant must advise the property owner (in writing) as to the time the appraiser will visit the property and invite the property owner to accompany the appraiser during a site visit. This notice may be included as part of the written Preliminary Acquisition Notice or be sent as a separate notice, (as noted previously, all notices MUST be sent by certified or registered mail, return receipt requested, or personally served and receipt documented). The appraisal report must reflect nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisition. The appraisal must contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.

e) PROVIDE WRITTEN OFFER TO PURCHASE: Following review of the appraisal, the Contractor must establish just compensation. Just compensation is usually the same as the appraiser's recommendation of current fair market value. However, it can never be less than the review appraiser's recommended current fair market value. The Contractor MUST prepare a written Statement of the Basis for the Determination of Just Compensation to be sent to the property owner with the Written Offer to Purchase. This statement must include:

1. A legal description of and location identification of the property;

2. Interest to be acquired (e.g., fee simple, easement, etc.);

3. An inventory identifying the building structures, fixtures, etc., which are considered to be a part of the real property;

4. In the case of tenant-owned improvements, the amount determined to be just compensation for the improvement and the basis, as set forth in the review appraisal;

5. Any Purchase Option Agreement.

Once the Contractor has submitted the Written Offer of Purchase to the property owner, the Contractor may then negotiate the purchase of the property. The owner must be provided an opportunity to discuss the offer, propose a higher value, and document the higher value. The owner can consider the offer and either accept it, obtain a new appraisal, or decide not to participate in the buyout. Condemnation of property is not allowed in any hazard mitigation grant programs. The Offer must specify the date on which negotiation for the sale of the property will begin, which may or may not be the same date as the written offer.

f) CLOSING: Following successful negotiations, a Deed of Transfer or Contract of Sale must be prepared and executed, including the transfer of documents, prior to or at the time of closing. The Contractor must reimburse the owner to the extent it deems "fair and reasonable" for incidental costs associated with transfer of title including, but not limited to recording fees, transfer taxes, penalty cost or other charges for prepayment of any preexisting recorded mortgages. At the conclusion of settlement, the Sub-applicant must provide the owner with a Statement of Settlement Costs which identifies all settlement costs regardless of whether they are paid at, before, or after closing, and must clearly separate charges paid by the owner. This information is presented on the HUD1 form. The Statement of Settlement Costs must be dated and certified as true and correct by the closing attorney or other person handling the transaction. A receipt for purchase price must be secured by the Contractor.

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.

4.9 DEMOLITION SERVICES SCOPE OF WORK

Each demolition shall consist of several marked steps to be approved by the local authority having jurisdiction to initiate, execute, and closeout each project. These steps may require multiple site visits by various professionals along with meetings between the Prime Contractor, State, subgrantee representative and/or homeowner.

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. All demolition work should conclude on each project site within 60 days of settlement and shall not exceed 90 days. The Prime Contractor(s) and/or licensed professional shall schedule or provide services that include, but are not limited to, the following:

a) PRE-DEMOLITION 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. Within 14 days following this conference, the Prime Contractor(s) shall provide an initial project schedule and Scope of Work for all awarded projects.

b) PRE-DEMOLITION EVALUATION: The Prime Contractor and construction manager shall perform an initial assessment of the structure to determine the required course of action during the demolition process. Should lead-based paint and asbestos be discovered during the acquisition process, additional precautions shall be taken to ensure these items are disposed of or recycled at an approved facility, following environmental regulations. The Prime Contractor shall provide NCEM with an affidavit stating that any lead-based paint or asbestos containing materials have been disposed of at an approved facility.

c) PERMITS: The Prime Contractor shall obtain all required permits with the local authority having jurisdiction prior to beginning demolition. A copy of any permits shall be provided to NCEM as well as clearly displayed on site.

d) MOBILIZATION: Prime Contractor to complete preparatory work and operations necessary to facilitate the movement of personnel, equipment, supplies and incidentals to the project site. Mobilization shall occur 90 days after the Pre-Construction Meeting with HM.

e) PREPARATORY SITEWORK: All preparatory sitework necessary to ready the site for demolition (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.

f) DEACTIVIATION AND DISCONNECTING UTILITIES: All exterior utilities shall be deactivated and disconnected prior to the demolition process.

g) DEMOLITION: The systematic dismantling, razing, destroying, and/or wrecking of the structure.

h) REMOVAL OF UNDERGROUND IMPROVEMENTS AND SECONDARY STRUCTURES: All underground storage tanks, septic tanks, wells, etc., shall be removed or filled/capped per local, State and Federal regulations.

Additionally, any secondary structures (e.g., sheds, garages, etc.) shall be removed.

i) REMOVAL OF UTILITIES: All underground utilities shall be capped, and excess remains shall be removed from the site and disposed of or recycled at an approved facility, following environmental regulations.

j) DEBRIS REMOVAL: All debris generated by the demolition process shall be removed from the site and disposed of or recycled at an approved facility, following environmental regulations.

k) LAND RESTORATION: All grading, sitework, and seeding done to return the site to open “green” space. Any additional provisions for conversion of the property shall be included in subsequent RFB’s Scope of Work.

l) POST-DEMOLITION EVALUATION: The Prime Contractor and representative(s) from the State shall complete a post-demolition evaluation at each site prior to demobilization. The primary focus of this inspection is to assess the post-demolition condition of the site and compliance with the Scope of Work, all construction service documents, FEMA standards, and local and State codes. If it is found that the site does not meet expected conditions or comply with FEMA standards, or local and State codes, the Prime Contractor is responsible for making the additional changes or completing the necessary work to bring the site into compliance. It is at the discretion of the State to determine what work is reimbursable should the construction services fall outside the Scope of Work at any point.

m) DEMOBILIZATION: Prime Contractor to complete post-work and operations necessary to facilitate the removal of personnel, equipment, supplies, and incidentals from the project site.

The Prime Contractor shall also maintain photo evidence, interior and exterior, of the structure’s condition until the demolition occurs.

Final site condition photos shall be provided to the State prior to demobilization. At any point during the demolition process, if the Scope of Work changes, a Change Order shall be submitted and reviewed by the State prior to continuing work. If applicable, the Engineer of Record (EOR) shall be notified immediately if any unforeseen site conditions are encountered once demolition has begun.

Additionally, any modified design requests due to site conditions shall be submitted to the EOR for review and approval prior to deviating from any sealed demolition documents. All letters and revisions shall be provided to the State within 7 days of issuance and copies shall be available on site for the jurisdictional officials.

4.10 ACQUISITION/DEMOLITION SERVICES PRICING

Contractor shall prepare bid on the provided bid prep sheets with this solicitation. The Contractor shall provide pricing for each home covering the services laid out in the preceding SOW for both the acquisition and demolition process. The current EXPECTED CLOSING VALUE of each home is already provided on the bid worksheets and does not have to be figured into the Contractor’s cost. NCEM Hazard Mitigation (HM) will provide all closing costs, per the negotiated offer to purchase. Contractors will be provided the instructions for how to provide the negotiated offer to purchase to NCEM HM (minimum of 45 days to closing) during the pre-acquisition conference after successfully being awarded the project based on the bidding process. Once the Contractor has provided their price for each service per home in the bid packet, the top sheet will automatically summarize the contractor’s total bid for the project and the Contractor will follow all further direction as outlined in remaining portions of this

RFB.

4.11 ADDITIONAL REQUIREMENTS

a) Acquisition - In addition to the requirements stated elsewhere, the Prime Contractor shall submit the following items, as required to NCEM during the course of each Acquisition:

1. HUD 1

2. Deed

3. Uniform Relocation Act (URA)

4. Survey • Appraisal(s)

5. AW-501 Transmittal

6. AW-501

7. Photos: Before, during and after settlement

8. Withdrawal Letter

9. Invoices

10. Proof of Payment

b) Demolition - In addition to the requirements stated elsewhere, the Prime Contractor shall submit the following items, as required to NCEM during the course of each Demolition:

1. Permitted Demolition Drawings

2. Inspection Reports

3. Photos: Before, during and after demolition

4. Debris Removal Affidavit

5. Invoices Proof of Payment

c) Provide professional labor, equipment, and materials adequate to perform the work in accordance with the Scope of Work issued for each eligible applicant’s residential structure while ensuring that all applicable housing standards and codes are met;

d) Comply with all applicable local, State and Federal laws, regulations, and guidelines;

e) Meet NCEM’s time frames for work completion requirements from the Notice of Proceed, homeowner consent/contract execution and/or permitting, whichever is later,…