Invasive Vegetation Maintenance for UT West Branch Rocky River (DMS #92684) Mitigation Project

STATE OF NORTH CAROLINA Department of Environmental Quality Invitation for Bid #: 16-476964769 Invasive Vegetation Maintenance for UT West Branch Rocky River (DMS #92684) Mitigation Project Date of Issue: August 04, 2022 Bid Opening Date: October 5, 2022 At 2:00 PM ET Direct all inquiries concerning this IFB to: Brooke Wells NCCM Procurement Specialist II Email: Brooke.Wells@ncdenr.gov Phone: 919-707-8451 Ver: 11/2021 STATE OF NORTH CAROLINA Invitation for Bid # 16-476964769 ______________________________________________________ For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page shall be filled out and

returned with your bid. Failure to do so may subject your bid to rejection. ___________________________________________________ Vendor Name ______________________________ Vendor eVP# Note: For your bid to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login Electronic responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 1 Refer ALL Inquiries regarding this IFB to: Brooke Wells NCCM Brooke.Wells@ncdenr.gov Invitation for Bid #: 16-476964769 Bids will be publicly opened: October 05, 2022 Using Agency: Department of Environmental Quality Commodity No. and Description: 701617 Ecosystems/926-40 Ecological Services Requisition No.: N/A EXECUTION In compliance with this Invitation for Bid (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:  this bid is submitted competitively and without collusion (G.S. 143-54),  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 bid, 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 Contract awarded as a result of this IFB, 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 contracts; 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 response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed from the ATTACHMENTS page within this document. Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late bids shall not be accepted. 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: STATE OF NORTH CAROLINA Division of Mitigation Services Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 2 VALIDITY PERIOD Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB. ACCEPTANCE OF BIDS If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed. FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on The attached certification, by ____________________________________________________________________. (Authorized Representative of Environmental Quality) Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 3 Contents 1.0 PURPOSE AND BACKGROUND ............................................................................................. 5 1.1 CONTRACT TERM .................................................................................................................. 5 2.0 GENERAL INFORMATION ....................................................................................................... 5 2.1 INVITATION FOR BID DOCUMENT ........................................................................................ 5 2.2 E-PROCUREMENT FEE ......................................................................................................... 5 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ................................. 5 2.4 IFB SCHEDULE ...................................................................................................................... 6 2.5 SITE VISIT ............................................................................................................................... 6 2.6 BID QUESTIONS ..................................................................................................................... 6 2.7 BID SUBMITTAL ..................................................................................................................... 7 2.8 BID CONTENTS ...................................................................................................................... 7 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ............................................................ 8 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................... 8 3.1 METHOD OF AWARD ............................................................................................................. 8 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION......... 8 3.3 BID EVALUATION PROCESS ................................................................................................ 8 3.4 PERFORMANCE OUTSIDE THE UNITED STATES ............................................................... 9 3.5 INTERPRETATION OF TERMS AND PHRASES .................................................................... 9 4.0 REQUIREMENTS ................................................................................................................... 10 4.1 PRICING ................................................................................................................................ 10 4.2 INVOICES AND PAYMENT PROCEDURES ......................................................................... 10 4.3 FINANCIAL STABILITY ........................................................................................................ 10 4.4 HUB PARTICIPATION .......................................................................................................... 10 4.5 REFERENCES ...................................................................................................................... 11 4.6 BACKGROUND CHECKS ..................................................................................................... 11 4.7 PERSONNEL ......................................................................................................................... 11 4.8 VENDOR’S REPRESENTATIONS ........................................................................................ 11 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION ................................................. 11 5.0 PURPOSE AND BACKGROUND ........................................................................................... 11 5.1 GENERAL ............................................................................................................................. 12 5.2 DELIVERABLES TO BE SUBMITTED BY THE VENDOR .................................................... 13 6.0 CONTRACT ADMINISTRATION............................................................................................. 14 Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 4 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 14 6.2 CONTINUOUS IMPROVEMENT ............................................................................................ 14 6.3 ACCEPTANCE OF WORK .................................................................................................... 14 6.4 DISPUTE RESOLUTION ....................................................................................................... 15 6.5 CONTRACT CHANGES ........................................................................................................ 15 6.6 ATTACHMENTS .................................................................................................................... 15 ATTACHMENT H: LOCATION MAP .................................................................................................. 16 ATTACHMENT I: CONSERVATION EASEMENT MAP ..................................................................... 17 ATTACHMENT J: TECHNICAL SPECIFICATIONS – INVASIVE TREATMENT ................................ 18 Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 5 1.0 PURPOSE AND BACKGROUND The Department of Environmental Quality (NCDEQ), Division of Mitigation Services (DMS) is seeking the services of a licensed herbicide Contractor to perform all work necessary and incidental to the invasive vegetation management on the UT West Branch Rocky River (DMS #92684) mitigation project (Site). The VENDOR shall furnish all labor, supervision, materials, equipment, and transportation to perform all work necessary and incidental to invasive vegetation management on Site. All work will be performed in accordance with the conditions, technical specifications and plans contained herein. The intent of this solicitation is to award an Agency Contract. 1.1 CONTRACT TERM The Contract shall have an initial term of five (5) years and shall begin on the date of contract execution (the “Effective Date”). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BID DOCUMENT This IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference. 2.2 E-PROCUREMENT FEE ATTENTION: The E-Procurement fee does not apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions. General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/. 2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component of this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this Q and A process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. The State may exercise its discretion to consider Vendor proposed modifications. http://eprocurement.nc.gov/ Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 6 2.4 IFB SCHEDULE The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB State August XX, 2022 Hold Site Visit State September 14, 2022 – 11:00 a.m. ET Submit Written Questions Vendor September 21, 2022 – 5:00 p.m. ET Submit Bids Vendor October 05, 2022 – 2:00 p.m. ET Contract Award State TBD 2.5 SITE VISIT Mandatory Site Visit Date: September 14, 2022 Time: 11:00 AM Eastern Time Location/Coordinates: 35.490219, -80.799498 (Site Location Map – Attachment H) Contact #: Harry Tsomides 828-545-7057 Address: 21215 Shearer Rd. Davidson, NC 28036 Directions: Follow I-77 to NC-1100/Brawley School Rd in Mooresville. Take exit 35 from I-77; Continue on NC-1100/Brawley School Rd. Take Timber Rd. & Shearer Rd. to Fisher Rd. in Mecklenburg County 17 minutes (9.2 miles) Instructions: It shall be MANDATORY that a representative from each Vendor be present for a pre-bid site visit. Attendees must arrive promptly All attendees must sign in upon arrival and clearly indicate each prospective Vendor represented on the sign in sheet. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN OR PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR BID BE CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. IT IS MANDATORY THAT ALL ATTENDEES SIGN OUT UPON COMPLETION OR THEIR BID SHALL NOT BE CONSIDERED. FAILURE TO ATTEND THE MANDATORY SITE VISIT SHALL RESULT IN VENDOR’S BID BEING DEEMED NON- RESPONSIVE AND NOT CONSIDERED FOR AWARD. The purpose of this visit is for all prospective Vendors to apprise themselves of the conditions and requirements which will affect the performance of the work called for by this IFB. Vendors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this IFB. Vendors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this IFB, must be confirmed by written addendum before it can be considered to be a part of this IFB and any resulting contract. 2.6 BID QUESTIONS Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB 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 in the IFB SCHEDULE Section above, unless modified by Addendum. Written questions shall be emailed to Brooke.Wells@ncdenr.gov by the date and time specified above. Vendors should enter “IFB #16-476964769: Questions” as the subject for the email. Question submittals should include a reference to the applicable IFB section and be submitted in the format shown below: Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 7 Reference Vendor Question IFB Section, Page Number Vendor question ...? 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 form of an addendum in the Sourcing Tool and to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this IFB. 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 IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the IFB and an addendum to this IFB. 2.7 BID SUBMITTAL 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 IFB by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s proposal(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 1. 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. 2. 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. 3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required 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. 4. 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. Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bids(s). Vendors are strongly encouraged to allow sufficient time to upload bids. Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding to this IFB periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto. 2.8 BID CONTENTS Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion. Vendor IFB responses shall include the following items and attachments, which shall be arranged in the following order: http://www.ips.state.nc.us/ https://eprocurement.nc.gov/training/vendor-training Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 8 a) Completed and signed version of all EXECUTION PAGES along with the body of this IFB b) Signed receipt pages of any addenda released in conjunction with this IFB (if required to be returned). c) Completed version of ATTACHMENT A: PRICING FORM d) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION e) Completed version of ATTACHMENT E: SUPPLEMENTAL VENDOR INFORMATION f) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILITED BY VENDOR g) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION Attachments A-G will all be downloaded from the Sourcing tool and uploaded in the above order as part of your “vendor’s response” – combined as one PDF. 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference. The following definitions, acronyms, and abbreviations are also relevant to this IFB: a) DMS: The NCDEQ Division of Mitigation Services b) NCDEQ: The NC Department of Environmental Quality 3.0 METHOD OF AWARD AND BID 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 Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All responsive bids will be reviewed, and an award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein. While the intent of this IFB is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more-line items, to not award one or more-line items, or to cancel this IFB in its entirety without awarding a Contract if it is considered to be most advantageous to the State to do so. The State reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB 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 the Paragraph of the Instructions to Vendors entitled Confidential Information. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The State will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the Bid Submittal section above. All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request 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. Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 9 At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bid from each responding Vendor will be opened publicly and the name of the Vendor and total cost offered will be announced publicly via TEAMS. Vendor representatives may request an invitation to the opening by submitting an e-mail to Brooke.Wells@ncdenr.gov on or before the opening date specified above. Vendors should enter “IFB#16-476964769: Request to Attend Virtual Opening” as the subject line for the email. Vendor attendance will be limited to two (2) representatives. An email invitation to a Microsoft TEAMS meeting will be sent to the email address(es) provided. (MS TEAMS is an online communication tool which allows a virtual meeting setting to share information. The app is approved by the NC DEQ Division of Information Technology (IT) and there is no purchase required for download and use.) Attendees are reminded to enter the MS TEAMS with camera selected to the off position, and microphone muted. It is up to the vendor to check their internet connection ahead of time as DMS will not be responsible for any connection issues vendors may experience during the conference. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Bids will generally be evaluated, based on completeness, content, cost, and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State’s business requirements and internal operational culture g) Particular risk factors such as the security of the State’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract mailto:Brooke.Wells@ncdenr.gov Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 10 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 IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. 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 IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better bid, the Vendor is urged to submit these items in the form of a question during the question- and-answer period in accordance with the Bid Questions Section above. 4.1 PRICING Bid price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s response. 4.2 INVOICES AND PAYMENT PROCEDURES 1. Payment for services will be made in accordance with the Payment Schedule per this IFB upon receipt and approval of invoice(s) from the VENDOR documenting the costs in U.S. dollars (USD) incurred in the performance of work under the contract and approval of invoice(s) by the Contract Administrator verifying satisfactory completion of services required. 2. All invoices must follow the “DMS Invoice Guidelines (03-01-2014)” found in the template section of DMS’s website: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools- projects Failure to adhere to these guidelines will result in your invoice being returned and payment delayed. 3. Invoices are to be submitted to NCDMS when contract deliverables have been approved. 4. Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. 5. Amended or corrected invoices must be received by the DEPARTMENT’S Office of the Controller within six months after the end of the contract period. 6. Invoice(s) received from the VENDOR after six months of the end of the contract period will be returned without action. 4.3 FINANCIAL STABILITY As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability. 4.4 HUB PARTICIPATION Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION. https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/templates-guidelines-tools-projects Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 11 4.5 REFERENCES The NC Department of Environmental Quality, Division of Mitigation Services reserves the right to request and verify references. Upon request for references, vendor must submit within three (3) business days. Failure to provide references will cause your proposal to be rejected. 4.6 BACKGROUND CHECKS Any personnel or agent of Vendor performing Services under any Contract arising from this IFB may be required to undergo a background check at the expense of the Vendor, if so requested by the State. 4.7 PERSONNEL Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Should the Vendor’s bid result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel. 4.8 VENDOR’S REPRESENTATIONS If Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables. 4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation: ☐ Small Purchases ☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00 ☐ Contract value in excess of $1,000,000.00 5.0 PURPOSE AND BACKGROUND The Department of Environmental Quality (NCDEQ), Division of Mitigation Services (DMS) is seeking the services of a licensed herbicide Contractor to perform all work necessary and incidental to the invasive vegetation management on the Ut West Branch Rocky River Site (DMS #92684) (PROJECT). The contract period shall run consecutive from January 1, 2023, through December 30, 2028. Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 12 The VENDOR shall furnish all labor, supervision, materials, equipment, and transportation to perform all work necessary and incidental to the invasive vegetation management on the PROJECT. A digital copy of application licenses will be provided upon execution of the contract. Invasive treatment, and thinning of selective, nuisance species will occur within the entire area of the conservation easement (approximately 59 acres) as depicted on the conservation easement boundary map (Attachment I). All work will be performed in accordance with the conditions, technical specifications and plans contained herein. 5.1 GENERAL A. OWNER For the purposes of this contract the OWNER is the NC Department of Environmental Quality, Division of Mitigation Services. B. LUMP SUM CONTRACT This contract shall be paid on a Lump Sum Basis; quantities will not be adjusted. C. QUALIFICATIONS For all maintenance activities requiring the use of herbicide, the VENDOR shall comply with all Federal, State, and local regulations in accordance with herbicide labels, including applicable required licenses. MATERIALS, EQUIPMENT, AND EMPLOYEES A. MATERIALS The VENDOR shall procure, transport, deliver, apply, and maintain the materials as required by the contract documents. B. PRE-CONSTRUCTION INFORMATION Prior to the commencement of work, the VENDOR is encouraged to take color photographs or video of the project area, access points, and other applicable areas. The VENDOR'S attention is directed to the potential presence of existing property including fencing, gates, culverts, crossings, access roads, utilities, etc. on the project site. The VENDOR is responsible for avoiding any disturbance or damage to property, unless otherwise specified in the plans, and shall be responsible for immediately repairing any damages at a cost incidental to this contract. The VENDOR shall make his own assessment of the site conditions. Additional project information is available in various reports available in the DMS Project Documents (found at the following URL https://deq.nc.gov/about/divisions/mitigation-services/dms-projects). C. OWNER CONTACT & NOTIFICATION The VENDOR will be required to notify the OWNER contact at least 72-hours prior to any planned site activities including site visits. The OWNER will contact the landowner prior to any site work access. During contact with the project site landowner(s) or the public, the VENDOR is expected to interact in a professional and courteous manner. D. ACCESS TO THE WORK The OWNER will be responsible for ensuring and coordinating access for each site. The VENDOR will minimize the footprint of any vehicles necessary to accomplish the work. The VENDOR will take specific care to minimize stream crossings or access, and damage to existing vegetation. https://deq.nc.gov/about/divisions/mitigation-services/dms-projects Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 13 E. RESOURCE PROTECTION The VENDOR shall conduct his operations to minimize damage to all roads, road banks, trails, ditches, and other improvements in the operating area. The VENDOR shall use every precaution necessary to prevent pollution of streams by fuel, oils, or other harmful material. Any damage and/or pollution caused by the VENDOR shall be repaired at the VENDOR's expense. Operations will be scheduled and conducted to minimize erosion of soils to prevent siltation and/or excessive discharge of mud to streams, rivers, and impoundments. The VENDOR will not be permitted to blade, doze, or slice the soil surface to remove vegetation. Soil disturbance shall be minimized and prevented to the extent possible. The VENDOR shall take every precaution to prevent removal, injury, or damage to any native trees, shrubs, or other types of vegetation and shall also prevent damage to the landowner(s) property and adjacent property. F. USE OF SITE The VENDOR is to work only on Monday to Friday, 7 am to 7 pm. No work will be allowed on weekends or designated State and Federal holidays. Working other times will require written permission from the OWNER. INFORMATION PROVIDED BY DMS TO VENDOR DMS has provided the VENDOR with the PROJECT information necessary to develop an accurate fee for the scope of services. Information provided to the VENDOR includes: • Location Map (Attachment H) • Conservation Easement Map (Attachment I) • Technical Specifications- Invasive Treatment (Attachment J). • Ut West Branch Rocky River Project Site (DMS #92684) information is available in the DMS Project Documents on the DMS website at the following URL: https://deq.nc.gov/about/divisions/mitigation-services/dms-project-documents-table 5.2 DELIVERABLES TO BE SUBMITTED BY THE VENDOR INVASIVE VEGETATION MANAGEMENT The VENDOR shall submit a Maintenance Report with each applicable invoice. The Maintenance Report shall include at a minimum: 1) Description of management activities with map of treated areas for that period 2) Herbicide treatment log Invoices for any maintenance year will not be paid for a project that does not meet the performance requirements. The VENDOR shall perform maintenance activities to comply with the performance requirements. Once performance requirements are met, as determined by the OWNER, the invoice will be paid. All written plans, reports, or other documents, including invoices shall include at a minimum the following information: 1. Deliverable Title (i.e., Maintenance Report -Year/month(s), etc.) 2. Company Name 3. Site Name 4. DMS Site ID# 5. Contract Number 6. Date Submitted https://deq.nc.gov/about/divisions/mitigation-services/dms-project-documents-table Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 14 If the submittal does not contain this information, the submittal may be marked incomplete and returned to the VENDOR for completion, which will result in a payment delay. Electronic deliverables shall be emailed to: Harry Tsomides (harry.tsomides@ncdenr.gov). PAYMENT AND MILESTONES SCHEDULE Action Payment Submittal 2023 Invasive maintenance January – June 15% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2023 Invasive maintenance July - December 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2024 Invasive maintenance January - June 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2024 Invasive maintenance July - December 5% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2025 Invasive maintenance January - June 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2025 Invasive maintenance July - December 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2026 Invasive maintenance January - June 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2026 Invasive maintenance July - December 5% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2027 Invasive maintenance January – June 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2027 Invasive maintenance July - December 5% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 2028 Invasive maintenance January – June 10% of Contract Total Invoice, maintenance report w/ treatment map and herbicide logs 6.0 CONTRACT ADMINISTRATION All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes. Kristie Corson is designated the Contract Administrator for the Department for the purposes of this IFB. Harry Tsomides is designated the Project Manager. 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall be required to designate and make available to the State a project manager. The project manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service. 6.2 CONTINUOUS IMPROVEMENT The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses. 6.3 ACCEPTANCE OF WORK Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 15 complete when the Services or Goods are approved as acceptable by the Contract Administrator. Acceptance of Vendor’s work product shall be based on the following criteria: The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. 6.4 DISPUTE RESOLUTION During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.5 CONTRACT CHANGES Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 6.6 ATTACHMENTS Attachments A-G to this RFP are incorporated herein and shall be submitted by responding in the Sourcing Tool. Please see the Sourcing Tool to download and complete these attachments. These attachments can be found at the following Vendor Forms link for reference purposes only: https://ncadmin.nc.gov/documents/vendor-forms Attachments H-J can be found below for reference. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK https://ncadmin.nc.gov/documents/vendor-forms Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 16 ATTACHMENT H: LOCATION MAP Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 17 ATTACHMENT I: CONSERVATION EASEMENT MAP Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 18 ATTACHMENT J: TECHNICAL SPECIFICATIONS – INVASIVE TREATMENT The work covered by this section consists of the removal and herbicide treatment of invasive vegetation and/or nuisance vegetation within the entire conservation easement area (approximately 59 acres) in accordance with these Technical Specifications. The majority of the area was treated in 2020-2021 but some species persist and/or beginning to resprout. Work includes mechanical and hand clearing of vegetation, an initial herbicide application at the time of invasive vegetation removal, and follow‐up herbicide treatments during the specified contract period to eradicate the targeted invasive exotic vegetation from the project site. Treated species do not need to be hauled off site. The list of invasive/nuisance species targeted is provided below. Nuisance/Invasive/Non-Native Species Common Name Scientific Name Habitat Tree of Heaven Ailanthus altissima tree Mimosa Albizia julibrissin tree Princess Tree Paulownia tomentosa tree China Berry Melia azedarach tree Callery Pear Pyrus calleryana tree White Mulberry Morus alba tree Japanese Privet Ligustrum japonicum shrub Glossy Privet Ligustrum lucidum shrub Chinese Privet Ligustrum sinensis shrub Olive Eleagnus spp. shrub Trifoliate Orange Citrus trifoliata, Poncirus trifoliata shrub/tree Japanese Knotweed Reynoutria japonica shrub Multiflora rose Multiflora rosa Shrub Cat tails Typha latifolia grass/forb Phragmites Phragmites australis grass/forb Dog fennel Eupatorium capillifolium grass/forb Chinese Silvergrass Miscanthus sinensis grass/forb Bamboo Phyllostachys spp. grass/forb Sericea lespedeza Sericea lespedeza grass/forb Lespedeza cuneata Lespedeza cuneata Grass/forb Johnson Grass Sorghum halepense grass/forb Fescue Festuca spp. grass/forb Morning glories Ipomoea spp. vine Kudzu Pueraria montana vine Porcelain Berry Ampelopsis brevipedunculata vine Japanese Hops Humulus japonicus vine Wisteria Wisteria spp. vine Oriental Bittersweet Celastrus orbiculatus vine Winter Creeper Euonymus fortunei vine Japanese honeysuckle Lonicera japonica vine English Ivy Hedera helix vine Bid Number: 16-476964769 Vendor: __________________________________________ Ver: 11/2021 19 MATERIALS AND METHODS The VENDOR shall comply with all Federal, State, and local regulations and in accordance with herbicide labels which includes following labelled rates and application sites as well as proper licensure. Where only manual or mechanical methods are employed, the VENDOR shall ensure that the entire plant, including roots, is removed from the soil. GUARANTEE The VENDOR shall guarantee ninety-nine percent (99%) eradication of invasive vegetation within the conservation easement at the end of the contract period. The VENDOR shall control nuisance vegetation so that it is not functioning as competition for planted stems, and limit spreading or growth within the conservation easement at the end of the contract period. Invasive and nuisance vegetation will be managed in accordance with independent monitoring data provided by the OWNER to the VENDOR. The OWNER will evaluate and approve treated vegetation for successful treatments. MEASUREMENT AND PAYMENT The invasive vegetation treatment will be paid per the Payments and Milestones Schedule listed in Section 5.2 of this RFQ. VENDOR must follow the PAYMENT & INVOICING PROCEDURES listed in Section 4.2 and 5.2 to avoid delays in payments.