REQUEST FOR PROPOSALS FEMA CONSULTANT SERVICES DUPLIN COUNTY, NORTH CAROLINA SUBMISSION DATE: October 19, 2018
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1 REQUEST FOR PROPOSALS FEMA CONSULTANT SERVICES DUPLIN COUNTY, NORTH CAROLINA SUBMISSION DATE: October 19, P a g e
2 DESCRIPTION OF SERVICES The County of Duplin, P.O. Box 950, Kenansville, North Carolina, is issuing a Request for Proposals ( RFP ) from qualified consulting firms and/or multi-disciplinary consultant teams ( Respondents ) to perform Long-Term Disaster Recovery Grant Management, Administration Services and Project Management support in connection with the County of Duplin s applications for reimbursement from State and Federal agencies, including FEMA, for significant losses and costs incurred as a result of Hurricane Florence FEMA-4393-DR- NC. The firm must have available significant technical expertise in the areas of insurance, demolition, construction costs and repair costs, structural issues, architectural, engineering and cost estimating services as needed, to help ensure maximum reimbursement. The firm should also have experience in pursuing and obtaining FEMA reimbursement for alternative projects and improved projects. INSTRUCTIONS When responding to this RFP, please follow all instructions carefully. Please submit proposal contents according to the outline specified and submit documents according to the instructions contained in this RFP. Failure to follow these instructions may be considered a non-responsive proposal and may result in immediate elimination from further consideration. The County reserves the right to request additional information from the proposers and to reject any and all proposals. The County reserves the right to judgmentally select the successful proposal and agreement that best meets the needs of the County. The County reserves the right to reject any or all proposals if it determines that select proposals are not responsive to the RFP. The County reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with select Proposers at any time to gather additional information. The County will receive proposals at the time and place noted in this document. At that point, the County will close the receipt of proposals and begin the evaluation process. The only information that will be released will be the names of the respondent(s). No other information will be disclosed, except as required by the evaluation process or by law, until a contract is awarded. Any interlineations, alterations or erasures must be initialed by the signer of the proposal. Negligence or error on the part of any proposer in preparing its proposal confers no right of withdrawal or modification of their response after time has been called. Sureties and principals are advised that the County cannot give consideration to any plea of error in preparation of the bid, except in accordance with N.C. Gen. Stat P a g e
3 QUALIFICATIONS & REQUESTED SERVICES A. The qualifications and services requested of the Consultant are summarized as follows: 1. Extensive knowledge and familiarity with FEMA laws, regulations, and policies related to disaster recovery reimbursement for all categories of damage, historic, environmental and insurance review processes, including but not limited to the Public Assistance Program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) found at 42 U.S.C FEMA 404 and 406 Hazard Mitigation Expertise 3. Assist in identifying, developing and evaluating opportunities for hazard mitigation projects to reduce or eliminate risk from future events. 4. Prepare hazard mitigation proposals, grant applications, benefit cost analysis, and other services related to Hazard Mitigation Grant Program, Pre-Disaster Mitigation, and other mitigation programs. 5. Financial and Grant Management Support 6. Advise on FEMA s rules, practices and procedures and how to track costs, including direct administrative costs to facilitate reimbursement for all eligible client costs, including contractor costs. 7. Provide general grant management advice. 8. Perform internal controls assessment. 9. Conduct pre-audit activities and prepare documentation for audit. 10. Meet as necessary with County/State/Federal representatives in connection with programmatic, financial, contracting and accounting services related to Federal and State regulations. 11. Prepare reports for the State and FEMA, as needed. 12. Provide oversight of contractors billing to ensure that they invoice in accordance with their contract, and that all costs eligible for the disaster grant funding are documented and claimed. 13. Categorize, record, track and file costs in support of the financial reimbursement process. Track Project Worksheet status and status of payment from the State. 3 P a g e
4 14. Assist in providing interagency (Federal, State, County, City) coordination and technical support, as well as identifying funding resources that may be available to assist in the long-term recovery process. 15. Organize, manage and administer the FEMA Reimbursement Process under the Public Assistance Program. 16. Maximize eligible funding for FEMA reimbursement rates for Project Worksheets prepared by FEMA with assistance from County of Duplin consultants. 17. Attend meetings with County of Duplin, Federal agencies, and State agencies to negotiate and represent Project Worksheets (PWs) and the obligation of eligible amounts. 18. Provide grant management advice to maximize reimbursements of disaster recovery expenses. 19. Provide advice to the Duplin County personnel and consultants; attend and participate in meetings as required. 20. Facilitate, maximize, and expedite the distribution of FEMA and other disaster recovery reimbursement funds to Duplin County. 21. Provide significant technical expertise and guidance in working with state and federal historic review procedures required for FEMA reimbursement including negotiation and implementation of Memorandums of Understanding with FEMA as to any Memorandum s of Understanding concerning environmental or historic reviews related to FEMA reimbursement. 22. Work with the NC Emergency Management Agency to facilitate, maximize, and expedite the distribution of FEMA and other disaster recovery reimbursement funds to the County of Duplin. 23. Maximize FEMA reimbursement rates for alternative and/or improved projects based on eligibility criteria. 24. Provide significant technical expertise to advise the County of Duplin and successfully negotiate with FEMA concerning the expeditious and successful completion of the historic, environmental and insurance review processes based on eligibility criteria. 25. Provide significant technical expertise in the areas of demolition, construction costs and repair costs, structural issues, architectural, engineering and cost estimating services as needed, to help ensure maximum reimbursement. 4 P a g e
5 26. Provide significant technical expertise in the areas of planning and economic development to work in partnership with the community with the goal of the long term recovery planning and the comprehensive plan to help the County of Duplin from recovery to redevelopment including significant technical expertise relating to resources and funding opportunities available to assist in implementing recovery projects. 27. Ensure that the Consultant s services provided receive maximum reimbursement under FEMA regulation without duplication of efforts provided by third party consultants engaged by the County of Duplin. 28. Prepare draft correspondence to local, Federal and State officials as necessary. 29. Prepare and conduct the close-out process, ensuring maximum recovery and retention of all eligible funding, satisfactory disposition of appeals and availability of supporting documents for future audits. 30. Keep tract and monitor Consultant s own time and activities by project, or as allowable under the provisions of Federal guidance for direct administrative, indirect, and project management costs. 31. Provide weekly performance and status reports to the Duplin County Manager and other senior staff on the status of the FEMA Public Assistance program and other grant programs as requested. Each performance and status report should include, but not limited to, the following: a. Hours billed and amount invoiced by personal and project b. Tract in real time the number of hours each Consultant team member devotes to each Project Worksheet for reimbursement purposes c. Project Worksheet and grant application development and revisions/amendments d. Project Worksheet and grant application submissions and approvals e. Obligated amounts versus eligible estimates f. Issues requiring assistance g. Amount awarded to the County of Duplin per PW and grant application h. Requests for Reimbursement submitted i. Estimated and actual costs j. Reimbursements received k. Insurance deductions l. Project Worksheet and grant application closeouts 5 P a g e
6 PROPOSAL FORMAT The following information shall be tabbed to identify the required information. Failure to submit this information will render your proposal non-responsive. Proposers must respond in the format delineated below. 1. QUALIFICATIONS OF THE FIRM A. Provide a description and history of the firm focusing on previous Federal and State Public Assistance (PA) program experience and applicability of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Federal Regulations (44 CFR) and FEMA policies (9500 Policy Series). Firm qualifications must include, at a minimum, the following: a. Ten (10) years of experience working with the Public Assistance Grant Program, at the Federal, State or local level, including Project Worksheet development, Project Worksheet audit, documentation review, eligible cost reconciliation, audit checklists, appeal/appeal responses, and closeout. b. Experience with all categories of work in man-made and natural disasters, with expertise in force account labor, equipment reimbursement, supplies, donated services, mutual aid, and contracted services. c. Experience developing, reconciling, or reviewing large federal grants, including Project Worksheets or federal loans. d. Demonstrated experience developing and implementing innovative solutions to difficult PA problems, and innovative uses of these grant streams. e. Experience developing Letters of Interest (LOIs) for the FEMA 404 and 406 Hazard Mitigation Program. f. Experience working with grant programs at the Federal, State or large local government level. g. Prior experience performing internal controls reviews and improper payment reviews. h. Experience with interpreting and administering new Sandy Recovery Improvement Act rules and programs. i. Experience with programmatic disaster closeouts. j. Knowledge of requirements for infrastructure and public facilities including FEMA PA match program requirements for benefits in compliance with the Stafford Act. 6 P a g e
7 k. Proven track record proactively and successfully solving disagreements during project formulation rather than through appeals and arbitration. l. A multi-disciplinary, college educated, and proven management team that has produced notable client results together. m. Demonstrated, nationally recognized programmatic expertise at the programmatic level. 2. QUALIFICATIONS OF STAFF Provide an organizational chart, resumes, and summary of staff qualifications for the firm. Key project staff should include but are not limited to: project executive (15+ years of experience, plus minimum college degree), project manager (10+ years of experience, plus college degree), public adjuster (5+ years of experience plus relevant college degree), and senior closeout specialist (5+ years of experience plus college degree). Proposer may include other labor categories, such as subject matter expert (15+ years of experience), closeout specialist (3+ years of experience plus college degree), and include a description describing the minimal level of qualifications. 3. PAST PERFORMANCE REFERENCES Provide a minimum of three references for which the firm has performed services in the past that are similar to the requirements in the Scope of Services. Provide a description of the project, the reference contact name, title, address, telephone number, date of the contract/period of performance, and any prior assessments they ve completed of your work. In addition, provide any additional evidence of consistently successful experience on past projects. 4. TECHNICAL APPROACH Provide a description of your firm s approach to the project, to include start-up procedures, process to prepare Project Worksheets and accompanying documentation, project management and quality control procedures. 5. COMPLIANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS Each Proposer must be in compliance with all Local, State, and Federal Requirements and be prepared to implement programs that comply with these requirements. Must comply with Uniform Guidance. 6. INSURANCE Successful Proposer shall provide Duplin County with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect 7 P a g e
8 prior to commencement of any work pursuant to the contract. Duplin County shall be listed as Certificate Holder. a. COMMERCIAL GENERAL LIABILITY insurance must cover bodily injury, property damage and personal injury with limits of no less than $1,000,000 per occurrence. b. AUTOMOBILE LIABILITY insurance with a combined single limit of not less than $1,000,000. c. ERRORS AND OMISSIONS LIABILITY coverage of not less than $1,000,000. d. WORKERS COMPENSATION coverage must be provided, as statutorily required for persons performing work under the resulting contract. Successful Proposer must provide Duplin County with proof of Employer s Liability coverage with limits of at least $500,000 in North Carolina. Successful Proposer shall require all subcontractors to carry the same level of Workers Compensation and Employer s Liability coverage. e. CERTIFICATE OF INSURANCE: As evidence of the insurance coverages required by the resulting contract, the successful Proposer and their subcontractors, shall furnish a certificate of insurance to: Duplin County Legal Department Attn: Wendy L. Sivori, County Attorney 114 E. Hill Street P.O. Box 966 Kenansville, North Carolina CONTINUATION OF COVERAGE: The successful Proposer shall not cancel, materially change or fail to renew insurance coverage. The successful Proposer shall notify Duplin County of any material reduction or exhaustion of aggregate limits. Coverage shall either be occurrence based on maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. 7. GOVERNING LAW Proposer is advised that these requirements shall be fully governed by the laws of the State of North Carolina and that the County may request and rely on advice, decisions, and opinions of the Attorney General of the State of North Carolina and the County s attorney concerning any portion of these requirements and Federal law. 8. PROPOSAL PREPARATION COST Cost for developing proposals is entirely the responsibility of Proposers and shall not be 8 P a g e
9 charged to the County. 9. ADDITIONAL REQUIREMENTS: The County reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the County s judgment as to the appropriateness of an award to the best evaluated Proposer. The County reserves the right to conduct written and/or oral discussions/interviews after the proposal opening. The purpose of such discussions/interviews is to provide clarification and/or additional information to make an award is in the best interest of the County. The County reserves the right to reject any and all proposals or to divide up the proposals to meet its needs. 10. DELIVERY OF PROPOSALS All proposals are to be delivered by November 1, 2018 at 10:00 a.m. to: Davis H. Brinson Duplin County Manager P.O. Box 950 Kenansville, North Carolina dbrinson@duplincountync.com The County will not accept any proposals received after the stated time and date, and shall return such proposals unopened to the Proposer. The County will not accept any responsibility for proposals being delivered by third party carriers. Please denote FEMA CONSULTANT SERVICES PROPOSAL. 11. REQUIRED FORMS All forms and Proposals must be signed by a person authorized to sign on behalf of company or corporation and bind said company and corporation. The following forms will need to be included in each Proposal to be considered responsive: (a) PROPOSER S BID CERTIFICATION FORM (b) NON-COLLUSION AFFIDAVIT (c) CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (d) CERTIFICATION REGARDING LOBBYING (e) COST PROPOSAL FORM 9 P a g e
10 COST PROPOSAL FORM The hourly labor rates shall include all applicable overhead and profit. All non-labor related other than direct costs will be billed to the County at cost without mark-up. POSITIONS HOURLY RATES Project Executive $ Subject Matter Expert $ Project Manager $ Public Adjuster $ Senior Closeout Specialist $ Closeout Specialist $ Other: $ Other: $ Other: $ Other: $ OTHER REQUIRED POSITIONS Proposer may include other positions, with hourly rates and attach a job description and required years of experience for each position. 10 P a g e
11 NON-COLLUSION AFFIDAVIT STATE OF NORTH CAROLINA COUNTY OF DUPLIN, being first duly sworn, deposes and says that: 1. He/She is the of, the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against Jones County or any person interested in the proposed contract; and 5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Seal) Title SUBSCRIBED AND SWORN TO BEFORE ME, This day of, 201 Notary Public My Commission Expires: 11 P a g e
12 To Whom It May Concern: PROPOSER S BID CERTIFICATION FORM I have carefully examined the Request for Proposal and any other documents accompanying or make a part of this Request for Proposal. I hereby propose to perform the following prices as specified in this Request for Proposal at the rates described in my proposal/response. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of Duplin County or any other proposer is interested in said proposal; and that the undersigned executed this Proposer s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. It is distinctly understood that the Board reserve the right to reject any or all proposals. NAME OF FIRM Federal Tax ID: Phone: AUTHORIZED SIGNATURE Fax: NAME & TITLE, TYPED OR PRINTED Subscribed and sworn to before me this the day of, MAILING ADDRESS CITY, STATE, ZIP Notary Public: My Comm. Expires: 12 P a g e
13 CERTIFICATION REGARDING LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C (as amended) This certification requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, New Restrictions on Lobbying. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C Each tier shall also disclose the name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant or award covered by 31 U.S.C Such disclosures are forwarded from tier to tier up to the County. The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief that: 1. 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 an agency, a Member of Congress, an officer or employee 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to 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 and submit Standard Form- LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification 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 into this transaction imposed by 31 U.S.C (as amended by the Lobbying Disclosure Act of 1995). 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 $100,000 for each such failure. 13 P a g e
14 The Contractor,, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C et seq., apply to this certification and disclosure, if any. Signature of Contractor s Authorized Official Contractor s Authorized Official Printed Name and Title of Date: 14 P a g e
15 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs (OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A complete list of federally disbarred contractors can be found at It is the sole responsibility of the Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list. The undersigned applicant certifies to the best of his or her knowledge and belief, that he applicant and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a valid 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; (c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package. The applicant agrees by submitting the proposal that it will include, without modification, the clause titled Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion Lower Tier Covered Transactions in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions. Signature Title: Date: NOTARIZED, SUBSCRIBED AND SWORN TO BEFORE ME, This day of, 2018 NOTARY PUBLIC My Commission Expires: 15 P a g e
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