Town of Butner
Street Address: 415 Central Avenue, Suite A, Butner, NC 27509
BID Time: 12:00 pm
BID Date: 03/15/2019
BID Location Street Address: 415 Central Avenue, Suite A, Butner, NC 27509
Project Title: Materials Testing for Town of Butner, Veterans Life Center Project
Project Location Street Address: The intersection of H Street and 9th Streets in Butner, NC 27509
Scope of Work:
REQUEST FOR STATEMENT OF QUALIFICATIONS
Materials Testing for Town of Butner
Veterans: Life Center Project
I. PURPOSE/BACKGROUND
The Town of Butner is located in Southwestern Granville County. The Town has received CDBG funding to construct a one story, 40,000 sq. ft. Veterans Life Center “VLC” facility. The VLC is intended to provide long-term temporary residence and coordinated veteran services to men and women transitioning into mainstream society. It is anticipated that this facility will serve up to 150 male/female veterans, some who may have mental and physical disabilities. The VLC is being constructed under the design-build bridging provisions of the NCGS 143-128.1B. The Town has contracted with Hager Smith Design Architects to serve as its design criteria design professional to represent the Town during the procurement and construction process. DanCo builders, Inc. is the Design Builder for this project. Building and site inspections will be provided by the State Construction Office.
II. PROJECT DESCRIPTION
The project site is located at the northwest corner of the intersection of H Street and 9th Streets in Butner, NC. The 9 acre site is owned by the State of North Carolina under the control of the Department of Health and Human Services, and is leased to the VLC. The Town is seeking proposals from qualified Engineering firms for Material Testing which may include compaction test/witnessing, concrete testing, asphalt and stone testing.
III. Goals and Objectives
The selected Consultant will communicate with the Design Builder, the design criteria design professional, the Town, State Construction Office, and VLC during the construction process to coordinate the various materials testing in order to keep the project on schedule and complete the construction project in a timely manner. Engineering services include any or all of the following tasks:
1. Meeting(s) with required regulatory agencies, the design criteria design professional, the Design Build and its first-tier contractors and their sub-contractors, Town of Butner, VLC and funding agencies.
2. Close consultation and coordination with Town of Butner, design criteria design professional, design builder, funding agency, and State Construction Office.
3. Consultant shall provide a summary report to the Town of Butner and others as required.
4. All other customary aspects of similar construction projects.
IV. Scope of Services
• Subgrade Evaluation: Observe exposed soil subgrades and observe proofrolling by the contractor prior to beginning site grading in proposed fill areas and at design subgrade in pavement areas. A representative will perform these observations, and note near-surface soil conditions requiring repair, if required.
• Laboratory Testing of Proposed Structural Fill Soils and Aggregate Base Course: Samples of soils to be used as structural fill can be tested in our laboratory to determine the standard Proctor characteristics. If needed, soils can also be tested for plasticity index to evaluate their suitability for use as structural fill. Aggregate base course used beneath pavements can also be tested for modified Proctor characteristics.
• Density Testing of Fill for the Roadway and Parking Areas: Perform density testing in the roadway and/or parking areas during fill placement operations to determine the relative degree of compaction. Density testing will be performed by the Sand Cone, Drive Tube, or nuclear method. Observe fill placement techniques including moisture conditions, soil types and compaction procedures.
• Density Testing of Compacted Aggregate Base Course: After the aggregate base course has been placed and compacted for pavement areas, perform density testing by either the Sand Cone Method or Nuclear Density Method.
• Foundation Soil Bearing Evaluation: After excavation of the footings for the Veteran’s Life Center to planned depths and dimensions, probe the excavations to help identify soft or loose soil areas. Advance hand-augered borings and conduct Dynamic Cone Penetrometer (DCP) testing to evaluate the relative consistency of the soils at the tested locations. The results of the probing and DCP testing will be used to evaluate the soil's bearing pressure and will be compared to the geotechnical report findings. Once reviewed by an project manager, recommendations will be provided for any foundation subgrade repair, if needed.
• Concrete Testing: Perform air and concrete temperature, slump, unit weight, and air content testing during placement of fresh concrete. Also, for each scheduled placement, representative 4" x 8" or 6" x 12" cylinders will be cast for compressive strength testing. After initial curing on site, the cylinders will be transported to our facility for additional laboratory curing and compressive strength testing at 7 and 28 days. The data will then be reviewed and forwarded to you.
• Asphalt Testing: At the completion of asphalt paving, engineer to obtain core samples from the recently placed asphalt. Each core can be subjected to thickness and specific gravity testing. To obtain a percent compaction for each core, specific gravity test to be compared to the asphalts supplier’s maximum theoretical specific gravity test results for that day's paving (or moving average if applicable). If the maximum theoretical specific gravity is not provided, engineer will need to perform additional laboratory testing in accordance with the attached unit rate fee schedule.
• Reporting: Provide field reports at the project site. These reports will summarize our field personnel’s preliminary observations and testing results.
V. Submittal Requirements
The following submittal requirements are essential:
1. All materials submitted electronically must be in Adobe Acrobat 5.0 (or later) PDF format (preferably in one file) by the date indicated in the schedule below. Submittals may be color or black/white and all portions must be 8½” x 11”.
2. For those interested consultants without email capability, sealed submittals may be mailed or hand delivered so that physical delivery to the Town of Butner will be made by the deadline time and date. Five (5) copies are required.
3. Submittal (all pages and sheets) must be limited to a maximum of twenty (20) pages in total.
If applicable, clearly disclose all potential conflicts or appearances of conflicts of interest with third parties. Include (1) present or prior relationships, (2) work in same or different discipline, (3) work in local area or elsewhere, and (4) work as prime or sub-consultant, etc.
The submittal shall address each of the following:
A. PROJECT APPROACH
A brief description of the consultant's understanding of and approach to the tasks is required for a successful project. Include a proposed scope of services listing specific anticipated work tasks.
B. SIMILAR EXPERIENCE
In detail, describe past experience of your firm with similar projects. Include specific projects, names and description of the work completed, client names and individuals with telephone numbers of one (1) individual to contact for reference for each project listed. Photographs, maps, layouts or other supporting material from similar projects are encouraged.
C. PROJECT TEAM
Multi-firm “teaming” is acceptable to provide the best-qualified professionals for this contract. Provide a graphical representation of your team organizational chart, including the firm’s name, individuals involved, and the role they will perform (principal-in-charge, project manager, engineer, planner, economist, etc.). Provide a description of the qualifications and experience of the specific individuals that will be involved in this project, including the staff of other professional firms to be used (provide registration numbers and expiration dates of architects, planners, engineers, etc. for verification). Identify their experience with similar type projects.
D. COST CONTROL & SCHEDULING
Describe your firm’s method of keeping a project on schedule and within budget. Creative techniques that minimize research and work redundancy while providing a comprehensive effort should be described. The consultant shall assure that sufficient staff is available at all times and assigned to the project.
VI. SCHEDULE
Submittals deadline: 12:00 noon, Friday, March 15, 2019
All submittals received by the deadline will be evaluated. IMPORTANT: Submittals received after the deadline of 12:00 noon on March 15, 2019 will not be considered for evaluation.
Selection Committee review of submittals: March 18, 2019
Meeting to finalize Scope and request Fee Proposal: March 21, 2019
Scope and Fee Proposal submittal deadline: March 27, 2019
Submittals may be e-mailed to tmarrow@butnernc.org to the attention of __Tommy Marrow, __Town Manager [title], Town of Butner. Consultants without e-mail availability may mail or hand deliver a sealed submittal (5 copies) with “Veterans Life Center Project-Materials Testing” on the cover to the address below.
PO Box 270
Butner, NC 27509
415 Central Ave Suite A
Attention:
Tommy Marrow (name), Town Manger (title)
Questions regarding this project should be directed to Tommy Marrow, Town Manager (title), Town of Butner, voice (919) 575-3032 or via e-mail to: tmarrow@butnernc.org . The preferred method is e-mail.
• Consultants are strongly encouraged to test-submit proposals in order to review format and integrity of the submittal. Submittals that cannot be opened or are otherwise corrupt will not be evaluated.
• Consultants are strongly encouraged not to wait until the deadline. Submittals that are received after the deadline due to Internet delays, firewalls, large file delivery times, post office delays, traffic congestion, etc. will not be considered. The deadline is absolute.
• Consultants will receive an e-mail confirmation upon receipt and successful opening of their submittal, including whether or not their submittal was received before the deadline. For those consultants without e-mail availability, a written confirmation will be mailed.
After a review of the submittals, one firm will be selected for the project. Interviews are not anticipated for consultant selection for this project. The selection decision will likely be made solely upon the merits of the submittal. However, if interviews are deemed necessary, they will be conducted per Section VI, Schedule.
The final selection will be determined by a committee comprised of the following:
Town Manager, Town Public Works Director and any additional Town of Butner personnel and/or consultants deemed appropriate by the Town of Butner
The firm selected for this project should anticipate beginning work immediately.
VII. SELECTION CRITERIA
The selection of the consultant shall be based on proposal information exhibited in written and graphic form, and in personal interviews (if conducted). Criteria for selection will include, but not necessarily be limited to the following:
A. Relevant experience of the same or similar projects in content and scope______________15%
B. Consultant understanding of the purpose of the project____________________________15%
C. The qualifications and experience of the consultant's key project team members who will be actively involved in the project. (Note: both firm AND team members must have relevant experience with similar projects)________________________________________________15%
D. Approach to cost control and scheduling________________________________________15%
E. Reference checks __________________________________________________________10%
F. The submittal itself as an example of the quality of the firm's work____________________10%
G. Proximity to Construction Site________________________________________________10%
H. Current workload__________________________________________________________10%
VIII. OTHER PROJECT REQUIREMENTS
A. MINORITY/WOMEN BUSINESS ENTERPRISE
It is the policy of the Town of Butner to provide minorities and women equal opportunity for participating in all aspects of the Town of Butner's contracting and procurement programs, including but not limited to employment, construction development projects, and materials/services, consistent with the laws of the State of North Carolina. The policy of the Town of Butner prohibits discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, disability, or veteran's status. It is further the policy of the Town of Butner to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination.
Consultants submitting responses must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
B. ADA COMPLIANCE
The Town of Butner will comply with the Americans with Disabilities Act (ADA) which prohibits discrimination on the basis of a disability. The Town of Butner will make reasonable accommodations in all programs to enable participation by individuals with disabilities who meet essential eligibility requirements. Town of Butner programs will be available in the most integrated setting for each individual. If any accommodations are necessary for participation in any program or services, participants are encouraged to notify Town of Butner Staff accordingly.
C. INDEMNITY AND INSURANCE REQUIREMENTS
To the extent permitted by law, the Consultant shall indemnify and save harmless the Town of Butner, its elected and appointed officials, officers, agents, employees and assigns from and against all loss, costs, damages, expenses and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products or services rendered or purchased under the contract by and between the selected consultant and the Town of Butner. The selected consultant further agrees to purchase and maintain during the life of the contract for the Project, with an insurance company acceptable to the Town of Butner, authorized to do business in the State of North Carolina the following insurance coverage:
AUTOMOBILE LIABILITY - Bodily injury and property damage liability insurance covering all owned, non-owned, and hired automobiles for limits for bodily injury of not less than $1,000,000 per person/$2,000,000 per accident, and property damage limits of not less than $1,000,000 per accident. The automobile liability insurance coverage amounts may be satisfied with a combination of primary and excess/umbrella coverage.
COMMERCIAL GENERAL LIABILITY - Bodily injury and property damage liability shall protect the contractor, and any subcontractor performing work under the contract, from claims of bodily injury or property damage which arise from operation of this Agreement, whether such operations are performed by contractor, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $2,000,000 bodily injury each occurrence/$4,000,000 aggregate and $2,000,000 property damage each occurrence/$4,000,000 aggregate. This insurance shall include coverage for products, completed operations, personal and advertising injury liability, and contractual liability in an amount not less than $2,000,000 each occurrence/$4,000,000 aggregate. The liability insurance coverage amounts may be satisfied with a combination of primary and excess/umbrella coverage.
WORKERS' COMPENSATION - Meeting the statutory requirements of the State of North Carolina, even if not required by law to maintain such insurance. Workers’ Compensation insurance shall have at least the following limits: Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit.
PROFESSIONAL LIABILITY – Insuring against professional negligence, errors, and omissions on an occurrence or claims-made basis with policy limits of $2,000,000 per claim/$4,000,000 annual aggregate. If insurance is provided on a claims-made basis, “tail” coverage will be required at the completion of this Agreement for duration of thirty-six months, or the maximum time period reasonably available in the marketplace. Contractor shall furnish certification of “tail” coverage as described or continuous “claims made” liability coverage for thirty-six months following completion of its services under this Agreement. Continuous “claims made” coverage will be acceptable in lieu of “tail” coverage provided its retroactive date is on or before the effective date of this Agreement. If Continuous “claims made” coverage is used, Contractor shall be required to keep the coverage in effect for duration of not less than thirty-six months from the end of this Agreement. This will be a condition of the final acceptance of work or services.
Certificates of such insurance must be furnished and shall contain the provision that the Town of Butner will be given thirty (30) days written notice of any intent to amend or terminate by either the consultant or the insuring company. In addition, the Town of Butner shall be named an additional insured under such automobile and commercial general liability policies.
D. OTHER CONTRACT REQUIREMENTS. The final contract between the parties will be drafted by the Town of Butner’s attorney and may contain standard terms and conditions applicable to contracts which are or may be funded by federal funding sources. Key contract provisions are available upon request.
SPECIAL COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PROVISIONS
NOTE: EXCEPT FOR MINOR FORMATTING CHANGES, THE PROVISIONS OF THIS ARTICLE ARE TAKEN VERBATIM FROM INFORMATION SUPPLIED BY THE CDBG PROGRAM. DEFINED TERMS AND FORMATTING MAY NOT MATCH THAT FOUND IN OTHER SECTIONS OF THIS RFQ. REFERENCES TO CONTRACTOR OR SERVICE PROVIDER INCLUDE THE SELECTED CONSULTANT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE PARTIES AGREE TO COMPLY WITH ALL APPLICABLE COMMUNITY DEVELOPMENT BLOCK GRANT LAWS, RULES, REGULATIONS AND REQUIREMENTS. ALL CONTRACTS AND SUBCONTRACTS RELATED TO THIS PROJECT MUST CONTAIN THESE TERMS.
9.1 Interest of Members, Officers, or Employees of the Local Governing Body, or other Public Officials. No member, officer, or employee of the Town, or its agents, and no other public official of the Town who exercises any functions or responsibilities with respect to the program, during his tenure, or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Service Provider shall incorporate, or cause to be incorporated, in all subcontracts, a provision prohibiting such interest pursuant to this section, and shall take appropriate steps to assure compliance.
9.2 Interest of Service Provider and Employees. The Service Provider covenants that neither it nor its employees, owners, principals, or agents presently has any interest and shall not acquire interest, direct or indirect, in the Project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Service Provider further covenants no person having any such interests shall be employed that in the performance of this Contract.
9.3 Legal Remedies/Termination of Contract. If, through any cause, the Service Provider shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Service Provider shall violate any of the covenants, agreements or stipulations of this Contract, the Town shall thereupon have the right to terminate this contract by giving written notice to the Service Provider of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, the Service Provider shall be entitled to receive just and equitable compensation for all satisfactorily completed work. Notwithstanding the above, the Service Provider shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of the Contract by the Service Provider, and the Town may withhold any payments to the Service Provider for the purpose of set-off until such time as the amount of damages due the Town from the Service Provider is determined.
9.4 Executive Order 11246 (For Contracts of $10,000 and over). During the performance of this Contract, the Service Provider agrees:
a. The Service Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or nation origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; and selection for training, including apprenticeship: The Service Provider agrees to post in conspicuous places; available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b. The Service Provider will, in all solicitation, or advertisements for employees placed by or on behalf of the Service Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
c. The Service Provider will send to each labor union, or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers or representative of the Service Providers of the commitments under section 202 of representative Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The Service Provider will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
e. The Service Provider will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Service Provider’s noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders this contract may be canceled, terminated, or suspended in whole or in part and the Service Provider may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
g. The Service Provider will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to will be binding upon each subcontractor or vendor. The Service Provider will take such action with respect to any subcontract or purchase order as the contracting agency may direct as means of enforcing such provisions including sanctions for non-compliance: provided, however, that in the event the Service Provider becomes involved in, or threatened with, litigation with a sub-contractor or vendor as a result of such direction by the contracting agency, the Service Provider may request the United States to enter into such litigation to protect the interests of the United States.
9.5 Section 3 Clause - Section 3 Compliance in the Provision of Training, Employment and Business Opportunities
a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
c. The Service Provider agrees to send to each labor organization or representative or workers with which the Service Provider has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Service Provider’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
d. The Service Provider agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Service Provider will not subcontract with any subcontractor where the Service Provider has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
e. The Service Provider will certify that any vacant employment positions, including training positions, that are filled (1) after the Service Provider is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Service Provider’s obligations under 24 CFR part 135.
f. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
9.6 Copeland “Anti-Kickback” Act Provision. The Service Provider shall comply with the Copeland “Anti-Kickback” Act (18 USC 874) as supplemented in Department of Labor requirements (29 CFR, Part 3). This Act provides that each Service Provider and his subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Town will report all suspected or reported violation to the North Carolina Department of Commerce.
9.7 Labor Standards. The Service Provider shall follow all applicable laws, rules and regulations concerning the payment of wages, contract work hours, safety, health standards, and equal opportunity for CDBG programs, including but not limited to the rules set forth in 4 NCAC 19L.1006, 24 CFR 570.603 and the following (as may be applicable to CDBG projects):
a. Davis-Bacon Act (40 USCA 276a). Among other provisions, this act requires that prevailing local wage levels be paid to laborers and mechanics employed on certain construction work assisted with CDBG funds (Construction, demolition over $2,000, and rehabilitation on 8 or more units with common owner).
b. Contract Work Hours and Safety Standards Act (40 USCA 327 through 333). Under this Act, among other provisions, laborers and mechanics employed by Service Providers and subcontractors on construction work assisted with CDBG funds must receive overtime compensation at a rate not less than one and one-half the basic rate of pay for all hours worked in excess of forty hours in any workweek. Violators shall be liable for the unpaid wages and in addition for liquidated damages computed in respect to each laborer or mechanic employed in violation of the Act funds (Construction, demolition over $2,000, and rehabilitation on 8 or more units with common owner).
c. Fair Labor Standards Act (29 USC 201 et seq.), requiring among other things that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work week.
d. Copeland Act - Federal anti-kickback laws (18 USC 874 and 40 USC 276), which, among other things, outlaws and prescribes criminal penalties for “kickbacks” of wages in federally financed or assisted construction activities. Weekly statements of compliance and weekly payrolls must be provided by all contractors and subcontractors.
The Service Provider agrees to maintain records regarding compliance with the laws and regulations cited in 4 NCAC 19L. 1006 (including the citations listed above) in accordance with 4 NCAC 19L.0911.
All contracts between the Service Provider and subcontractors shall contain labor standards provisions as required in 4 NCAC 19L.1006.
A Poster is required to be posted on all contracts to which the Act applies. The notice to be posted depends on the type of federal procurement contract involved – either for Davis-Bacon contracts or, for contracts to which the Service Contract Act (SCA) applies, the “Employee Rights on Government Contracts must be posted. The appropriate poster(s) must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no size requirement for these posters but they must be easily readable.
9.8 Access to Records and Record Retainage. All accounts and records shall be maintained, including personal property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary to assure proper accounting for all Project funds, both federal and non-federal shares. These records shall be retained for five years after Project close-out unless permission to destroy them is granted by the funding agency.
9.9 Clean Water, Clear Air, EO 11738, EPA Regulations. The Service Provider shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and sub grants of amounts in excess of $100,000)
9.10 Age Discrimination Act of 1975, as amended - Nondiscrimination on the Basis of Age. No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal Financial assistance.
9.11 Section 504 of the Rehabilitation Act of 1973, as amended - Nondiscrimination on the Basis of Handicap. No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal Financial assistance.
9.12 Lead-Based Paint Clause. The Service Provider is hereby specifically made aware of the North Carolina Department of Commerce lead-based paint regulations, 4 NCAC 19L, Rule .1011, which is applicable to the construction or rehabilitation of residential structures. To the extent that the subject matter of this contract involves residential structures, the Service Provider will comply with the lead-based regulations.
9.13 Anti-Lobbying Clauses: Required by Section 1352, title 31, U.S. Code
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete an submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
This is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100.00 for each such failure.
9.14 Nondiscrimination Clause - Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in the whole or in part with funds made available under this title.
9.15 Open Burning. Any open burning associated with the rehabilitation activities must be in compliance with 15 NCAC 2D. 0520.
9.16 Certification of Eligibility. By entering into this contract, the Service Provider certifies that neither it (nor he or she) nor any person or firm who has an interest in the Service Provider’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5.12(a)(1) or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis-Bacon Act.
No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 29 CFR 5.12(a)(1) or to participate in HUD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(a) of the Davis-Bacon Act.
The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 and 18 U.S.C. 1010.
9.17 Key Personnel. The Service Provider shall not substitute key personnel assigned to the performance of this contract without prior approval by the Town and the grantor agency, the North Carolina Department of Commerce, Division of Community Assistance. Individuals designated as key personnel for purposes of this contract are those specified in the Statement of Qualifications submitted by the Service Provider.
9.18 Subcontracting. Work proposed to be performed under this contract by the Service Provider or its employees shall not be subcontracted without prior written approval by the Town and the grantor agency, the North Carolina Department of Commerce, Division of Community Assistance. Acceptance of an offeror’s Statement of Qualifications shall include any subcontractor(s) specified therein.
9.19 Debarment, Suspension and other Responsibility Matters.
a. The Service Provider certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a Federal department or agency;
2. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default.
b. Where the Service Provider is unable to certify to any of the state in this certification, such prospective participant shall attach an explanation to this contract.
This project is funded in part by the US Department of Housing and Urban Development via the North Carolina Department of Commerce Rural Economic Development Division.
Qualified Section 3, local, small, minority-owned, female-owned and veteran-owned businesses are encouraged to submit proposals.
Esta información está disponible en español o en cualquier otro idioma bajo petición. Póngase en contacto con Megan Bond, Solex Architecture, (434) 688-0767 o en el 641 Main Street, Danville, VA 24541de alojamiento para esta solicitud.
END OF REQUEST FOR QUALIFICATIONS -
HUB certified vendors/contractors are encouraged to submit a bid for this project.
Project Information URL:
Project Contact Name: Tommy Marrow, Town Manager
Project Contact Email: tmarrow@butnernc.org
Project Contact Phone Number: (919) 575-3032
Pre-Bid Meeting: No