American Rescue Plan Act

Page 1 of 25 AMERICAN RESCUE PLAN ACT (ARPA) INVITATION FOR BIDS WATERLINE PIPE AND RELATED MATERIALS IFB NO: 23-1012 Date of Issue: December 14, 2022 Bid Opening Date: January 12, 2023 Time: 3:00 PM ET Issued for: Catawba County Utilities & Engineering Department 25 Government Drive Newton, North Carolina 28658 Issued by: Catawba County Purchasing Manager 25 Government Drive Newton, North Carolina 28658 (828) 465-8224 Page 2 of 25 SECTION I – PURPOSE AND BACKGROUND 1.1 PURPOSE Catawba County (hereinafter “County”) is requesting bids from qualified Vendor(s) to furnish and deliver waterline pipe and related materials to be used for the extension of approximately 8,000 linear feet (LF) of 12-inch waterline in order to complete a water main connection along Business NC Highway 16 and complete the loop to the existing waterline near NC Highway 150. Catawba County has been awarded Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American

Rescue Plan Act (ARPA). As such, the County allocated funds toward water infrastructure needs. Any purchase contracts awarded pursuant to this Invitation for Bids (hereinafter “IFB”) must comply with the terms of ARPA, regulations issued by the U.S. Department of the Treasury governing the expenditure of monies distributed from the Fiscal Recovery Funds (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786 (May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (Jan. 27, 2022)), the Award Terms and Conditions applicable to the Fiscal Recovery Funds, and such other guidance as Treasury has issued or may issue governing the expenditure of monies distributed from the Fiscal Recovery Funds. Pursuant to the Regulatory Requirements, the County must comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards 2 CFR Part 200, other than such provisions as Treasury has determined or may determine are inapplicable to the Fiscal Recovery Funds. In addition, the County must include within the purchase contract applicable provisions described in Appendix II to 2 C.F.R. Part 200, contained in Attachment B – Coronavirus State and Local Fiscal Recovery Addendum. SECTION 2 – GENERAL INFORMATION / INSTRUCTIONS 2.1 INVITATION FOR BID DOCUMENT Catawba County is hereby soliciting bids from qualified Vendor(s) to furnish and deliver waterline and related materials. 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 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the General Information / Instructions, 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 also are 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, instruction or other component within this IFB, those shall be submitted as questions in accordance with in the instructions in Section 2.4 BID QUESTIONS. If the County 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. Vendor’s bid shall constitute a firm offer. Offer is valid for Sixty (60) days from date of bid opening. By execution and delivery of a bid in response to this Invitation for Bids, Vendor agrees that any additional or modified terms and conditions, including Instructions to Vendors, whether submitted purposely or inadvertently, or any purported condition to the offer shall have no force or effect, and will be Page 3 of 25 disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. 2.3 IFB SCHEDULE The table beginning on the next page shows the intended schedule for this IFB. Catawba County will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue IFB County December 14, 2022 Submit Written Questions Vendor December 28, 2022 at 5:00 PM Provide Responses to Questions County December 30, 2022 at 5:00 PM Submit Sealed Bid Response Vendor January 12, 2023 at 3:00 PM Contract Award County TBA Contract Effective Date County Upon Execution Catawba County will receive sealed bids for furnishing and delivering waterline pipe and related materials, Bid Number 23-1012, in the 2nd Floor Conference Room, Government Center, 25 Government Drive, Newton, North Carolina, 28658 until 3:00 PM, local prevailing time, on January 12, 2023. Immediately thereafter bids shall be publically opened and read aloud. 2.4 BID QUESTIONS Upon review of the IFB documents, Vendor(s) may have questions to clarify or interpret the scope of work in order to submit the best bid response possible. To accommodate the Bid Questions process, Vendor shall submit any such questions by the above due date. Written questions shall be emailed to tinawright@catawbacountync.gov by the date and time specified above. Vendor should enter “IFB #: 23-1012 – Questions” as the subject for the email. Questions received prior to the submission deadline date, the County’s response, and any additional terms deemed necessary by the County will be posted in the form of an addendum to the Catawba County website, https://www.catawbacountync.gov/county-services/purchasing/bid-notices/ and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any County personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendor shall rely only on written material contained in an Addendum to this IFB. 2.5 BID SUBMITTAL Sealed bids, subject to the conditions made a part hereof, shall be received at the address indicated in the table below, no later than 3:00 PM on January 12, 2023. Mailing address for delivery of bid via US Postal Service Office Address of delivery by any other method (hand delivery, overnight, or any other carrier) IFB No: 23-1012 Catawba County Government Center Attn: Purchasing Department Post Office Box 389 Newton, North Carolina 28658 IFB No: 23-1012 Catawba County Government Center Attn: Purchasing Department 25 Government Drive Newton, North Carolina 28658 It is the responsibility of the Vendor to have the signed bid physically in this Office by the specified time and date of opening, regardless of the method of delivery. This is an mailto:tinawright@catawbacountync.gov https://www.catawbacountync.gov/county-services/purchasing/bid-notices/ Page 4 of 25 absolute requirement. The time and delivery will be marked on each bid when received, and any bid received after the bid submission deadline will not be accepted or evaluated. All risk of later arrival due to unanticipated delay – whether delivered by hand, U.S. Postal Service, courier or other delivery service method – is entirely on the Vendor. All Vendors are urged to take the possibility of delay into account when submitting a bid. Vendors shall deliver one (1) signed, original executed bid response to the address identified in the table in this Section. Include only bids in response to this IFB in a sealed package. Address package and insert bid number as shown in the table in this Section. Bids shall be marked on the outside of the sealed envelope with the Vendor’s name, Bid number and date and time of opening. If Vendor is submitting more than one bid, each bid shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed bids from a single Vendor may be included in the same outer package. Attempts to submit a Bid via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bid package. Critical updated information may be included in Addenda to this IFB. It is important that all Vendors proposing on this IFB periodically check the County 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. 2.6 BID CONTENTS For the sealed bid, Vendor(s) shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested, as outlined below. Vendor IFB responses shall include the following items and they should be arranged in the following order: a) Completed and signed version of ATTACHMENT A: VENDOR PRICING FORM AND OFFER CERTIFICATION. b) Completed and signed version of ATTACHMENT B: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ADDENDUM. c) ATTACHMENT C: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ADDENDUM – CERTIFICATION REGARDING LOBBYING. d) ATTACHMENT D: REFERENCE DISCLOSURE FORM. SECTION 3 – METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified bids will be evaluated and an award or awards will be based on lowest responsive and responsible bid meeting specifications. While the intent of this IFB is to award a firm fixed price contract to a single Vendor for all line items, the County 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 county to do so. Page 5 of 25 Catawba County reserves the right to reject any and all Bid responses and to waive informalities as may be permitted by law. 3.2 PROHIBITED COMMUNICATIONS DURING EVALUTION 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. 3.3 BID EVALUATION PROCESS The County shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. a) Bids are requested for the items as specified, or item(s) equivalent in design, function and performance. The County reserves the right to reject any bid on the basis of fit, form and function as well as cost. All information furnished on this bid may be used as a factor in determining the award of this contract. b) Bids will be received from each responsive Vendor in a sealed envelope or package. c) All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet of this IFB. d) At that date and time specified as the bid opening, the package containing the bids from each responding firm will be opened publicly and the name of the Vendor and the price(s) bid announced. e) The County shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. f) For all responses that pass the initial review process, the County will review and assess the Vendors’ pricing. The County may request additional formal responses or submissions from any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the County is not required to request clarification, and often does 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. g) Bids will be evaluated, based on the award criteria identified in Section 3.1 METHOD OF AWARD. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the County 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 County. Upon completion of the evaluation process, the County will make award(s) based on the evaluation and post the award(s) to the County’s website. 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 County. 3.4 INTERPRETATION OF TERMS AND PHRASES This Invitation for Bids serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the County; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the County will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the County’s needs as described in the Invitation for Bids. Except as specifically stated in the Invitation for Bids, no one requirement shall Page 6 of 25 automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the County exercising its discretion to reject a bid in its entirety. SECTION 4 – 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 County to receive a better bid, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.4. 4.1 PRICING Bid price shall constitute the total cost to County for delivery fully assembled, to the extent factory assembly is possible, including but not limited to, all applicable charges for shipping, delivery, handling, sales tax, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this IFB. Complete ATTACHMENT A: VENDOR PRICING AND OFFER CERTIFICATION FORM and include with Bid Response. 4.2 PRODUCT IDENTIFICATION - SUITABILITY FOR INTENDED USE Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The County reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and considered to be in the County’s best interest. 4.3 DELIVERY The Vendor shall deliver FOB Destination to 2436 Bethany Church Road, Newton, North Carolina 28658, with all transportation costs included in the total bid price. If County would need to alter the delivery location prior to delivery, the adjusted delivery location would be at no additional cost to the County and less than 10 miles from the location referenced above. All deliveries need to be made Monday through Friday, 8:00 AM – 5:00 PM, and scheduled with the County by contacting the Catawba County Utilities and Engineering Department at (828) 465-9469, prior to any delivery being made. Currently, the County will be responsible for the unloading of materials at the site location; however, the County desires to evaluate that decision and has asked for Vendors to include an optional fee for the unloading of materials. This optional fee should not be included in the Total Contract Bid Amount and may or may not be chosen as part of the contract. 4.4 AUTHORIZED RESELLER The Vendor shall be authorized by the manufacturer to distribute and resell the products offered in this IFB and must complete the Authorized Reseller portion of Bid Form. The Vendor shall provide a signed statement from the manufacturer confirming authorization upon request from the agency. Failure to provide this statement shall constitute sufficient grounds for rejection of Vendor’s offer, at the discretion of the County. 4.5 REFERENCES Vendor shall include in bid response a completed ATTACHMENT D: REFERENCE DISCLOSURE FORM. The County may contact these users to determine quality level of Page 7 of 25 the offered; as well as, but not limited to user satisfaction with Vendor performance. Such information may be considered in the evaluation of the bid. Vendor shall use ATTACHMENT D: REFERENCE DISCLOSURE FORM to provide the required information for a minimum of three references. SECTION 5 – PRODUCT SPECIFICATIONS 5.1 GENERAL SPECIFICATIONS Items offered by the Vendor must meet or exceed the minimum specifications for the City of Hickory found in the Engineering Department Manual of Practice – Water Systems. Manual can be found by following the link: https://www.hickorync.gov/sites/default/files/hickoryncgov/Public%20Services/Engi neering/Manual%20of%20Practice/500.pdf. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal”, the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the bidder. The County reserves the right to reject bids that the County deems unacceptable. The specific quantity of items, unit of measure and item descriptions are listed in the chart below. ITEM # QTY UOM DESCRIPTION 1 320 LF 24-Inch Steel Encasement Pipe, 0.250” Thick 2 9,340 LF 12-Inch CL350 DI Waterline Pipe (Push-On Joint) 3 170 EA 12-Inch Gripper Gaskets 4 380 EA 12-Inch Standard Gaskets 5 60 LF 8-Inch DI Waterline Pipe 6 6 EA 8-Inch Gripper Gaskets Fittings (Mechanical Joints) 7 7 EA 12-Inch 90° 8 17 EA 12-Inch 45° 9 11 EA 12-Inch 22.5° 10 7 EA 12-Inch 11.25° 11 3 EA 12x12 Tee 12 2 EA 12x8 Tee 13 3 EA 12-Inch Cap 14 2 EA 8-Inch Cap 15 14 EA 12-Inch Foster Adapter w/MJ Accessory Kit 16 3 EA 8-Inch Foster Adapter w/MJ Accessory Kit Gate Valves w/Valve Boxes 17 2 EA 8-Inch 18 13 EA 12-Inch Mechanical Joint Restraints 19 75 EA 12-Inch 20 7 EA 8-Inch https://www.hickorync.gov/sites/default/files/hickoryncgov/Public%20Services/Engineering/Manual%20of%20Practice/500.pdf https://www.hickorync.gov/sites/default/files/hickoryncgov/Public%20Services/Engineering/Manual%20of%20Practice/500.pdf Page 8 of 25 21 35 EA 6-Inch 22 17 EA Fire Hydrant Assembly, Including Lower Barrel and Shoe 23 2 EA 8x6 MJ Tee 24 16 EA 12x6 MJ Tee 25 17 EA 6-Inch Foster Adapter w/MJ Accessory Kit 26 17 EA 6-Inch Gate Valve w/Valve Box 27 400 LF 6-Inch DI WL 28 10,000 LF 14-Gauge Stranded Tracer Wire, Blue Coating 29 1 Lump Sum Freight/Delivery Fee to Zip Code 28658 30 1 Lump Sum Applicable Sales Tax, calculated at 7% (County is not tax-exempt) OPTIONAL FEE (Do not include optional fee in Total Contract Bid Amount): 31 1 Lump Sum Unloading of Pipe and Related Material at Delivery Location 5.2 APPROVED MANUFACTURERS Fire Hydrants shall be one of the following three types with the 4 1⁄2” pumper nozzles being national standard pipe threads and 2 (two) 2 1⁄2” hose nozzles being national standard threads. A) Centurion, Manufactured by Mueller Company B) Super Centurion, Manufactured by Muller Company C) Mark-73 Traffic Model, Manufactured by American Cast Iron Pipe Company. Mechanical Joint Restraints: A) EBBA Iron B) Ford C) Sigma Corporation 5.3 DEVIATIONS The nature of all deviations from the Specifications listed in Section 5. Product Specifications shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the Specifications provided herein, and the successful Vendor shall be required to supply conforming goods. Deviations shall be explained in detail below or on an attached sheet. For any deviation to be accepted, it must be approved by the County and the City of Hickory. However, no implication is made or intended by the County that any deviation will be acceptable. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Page 9 of 25 SECTION 6 – 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. 6.1 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 complete when the Services or Goods are approved as acceptable by the County. Acceptance of work products shall be based on the following criteria: See Section 5 Product Specifications. The County 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 County 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 County may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina. 6.2 ACKNOWLEDGEMENT OF FUNDING Catawba County has been awarded Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA). These funds will be used to fund all or a portion of this Agreement. Vendor will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives applicable from the awarding agency. 6.3 INVOICES Vendor shall invoice the Catawba County Utilities and Engineering Department. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Department with an invoice for each order. Invoices shall include detailed line item information to allow the Department to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices: Vendor’s Billing Address, Customer Account Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED. 6.4 WARRANTY The Contractor shall guarantee and warrant all materials purchased pursuant to this Invitation for Bids against defect due to faulty material, workmanship and/or negligence for a period of one (1) year from acceptance. Page 10 of 25 6.5 PRODUCT RECALL Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the County, as necessary, to promptly replace any such products, at no cost to the County. 6.6 E-VERIFY Vendor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Vendor uses a subcontractor, Vendor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. ATTACHMENTS BEGIN ON NEXT PAGE Page 11 of 25 SECTION 7 – ATTACHMENTS ATTACHMENT A VENDOR PRICING AND OFFER CERTIFICATION IFB No: 23-1012 FOR WATERLINE PIPE AND RELATED MATERIAL The Total Contract Bid Amount, included on this Vendor Pricing and Offer Certification Form, shall constitute the total cost to the County, no deviations for cost increases will be accepted. Vendor agrees to furnish and deliver the following: ITEM # QTY UOM DESCRIPTION MANUFACTURER/ BRAND OFFERED UNIT PRICE EXTENDED PRICE LEAD TIME (# OF MONTHS) 1 320 LF 24-Inch Steel Encasement, 0.250” Thick 2 9,340 LF 12-Inch CL350 DI Waterline (Push-On Joint) 3 170 EA 12-Inch Gripper Gaskets 4 380 EA 12-Inch Standard Gaskets 5 60 LF 8-Inch DI Waterline 6 6 EA 8-Inch Gripper Gaskets Fittings (Mechanical Joints) 7 7 EA 12-Inch 90° 8 17 EA 12-Inch 45° 9 11 EA 12-Inch 22.5° 10 7 EA 12-Inch 11.25° 11 3 EA 12x12 Tee 12 2 EA 12x8 Tee 13 3 EA 12-Inch Cap 14 2 EA 8-Inch Cap 15 14 EA 12-Inch Foster Adapter w/MJ Accessory Kit 16 3 EA 8-Inch Foster Adapter w/MJ Accessory Kit Gate Valves w/Valve Boxes 17 2 EA 8-Inch 18 13 EA 12-Inch Page 12 of 25 Mechanical Joint Restraints 19 75 EA 12-Inch 20 7 EA 8-Inch 21 35 EA 6-Inch 22 17 EA Fire Hydrant Assembly, Including Lower Barrel and Shoe 23 2 EA 8x6 MJ Tee 24 16 EA 12x6 MJ Tee 25 17 EA 6-Inch Foster Adapter w/MJ Accessory Kit 26 17 EA 6-Inch Gate Valve w/Valve Box 27 400 LF 6-Inch DI WL 28 10,000 LF 14-Gauge Stranded Tracer Wire, Blue Coating 29 1 Lump Sum Freight/Delivery Fee to Zip Code 28658 30 1 Lump Sum Applicable Sales Tax, calculated at 7% (County is not tax-exempt) OPTIONAL FEE (Do not include optional fee in Total Contract Bid Amount): 31 1 Lump Sum Unloading of Pipe and Related Material at Delivery Location TOTAL CONTRACT BID AMOUNT: $__________________________ ACKNOWLEGEMENT: Addendum, if issued, received and used in computing bid: Addendum No. 1____________________ Addendum No. 3______________________ Addendum No. 2____________________ Addendum No. 4______________________ Page 13 of 25 AUTHORIZED RESELLER The Vendor shall be authorized by the manufacturer to distribute and resell the products offered in this IFB. Please complete the following: Vendor is the:  Manufacturer  Dealer  Reseller  Distributor Authorized:  Yes  No OFFER CERTIFICATION 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 and contained in this Pricing Sheet. 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. • 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. By executing this bid, Vendor certifies that it has read and agreed to the instruction to bidders and the terms and conditions included in the IFB. Failure to execute/sign bid prior to submittal shall render bid invalid and bid WILL BE REJECTED. ACCEPTED AND AGREED TO: Company Name: _____________________________________________________ Signature: ___________________________________________________________ Printed Name: _______________________________________________________ Title: ____________________________ Date: ____________________________ BID ACCEPTANCE. 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”). END OF BID FORM Page 14 of 25 ATTACHMENT B CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ADDENDUM Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to Catawba County by the US Department of Treasury under the American Rescue Plan Act (“ARPA Funds”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021). In using such funds, Catawba County must comply with the terms of ARPA, regulations issued by the U.S. Department of the Treasury (“Treasury”) governing the expenditure of monies distributed from the ARPA Funds (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786 (May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (Jan. 27, 2022)), the Award Terms and Conditions applicable to the ARPA Funds, and such other guidance as Treasury has issued or may issue governing the expenditure of monies distributed from the ARPA Funds (collectively, the “Regulatory Requirements”). Additionally, pursuant to the Regulatory Requirements, the County must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200 other than such provisions as Treasury has determined or may determine are inapplicable to the ARPA Funds and pursuant to 2 C.F.R. §200.327 the County must include within any contract applicable provisions described in Appendix II to 2 C.F.R. Part 200, each of which is contained in this Addendum. The following terms and conditions apply to you, the contractor or vendor, as a contractor of Catawba County, according to the County’s Award Terms and Conditions signed on May 11, 2021; by ARPA and its implementing regulations; and as established by the US Department of Treasury. I. Equal Employment Opportunity. A. If this contract is a Federally Assisted Construction Contract (as defined in 41 C.F.R. §60-1.3) exceeding $10,000, during the performance of this contract, contractor agrees as follows: 1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish information. 4. Contractor 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 advising the said labor union or workers’ representatives of Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 15 of 25 5. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. Contractor will furnish to the Administering Agency and the Secretary of Labor all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Administering Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further Government contracts or Federally Assisted Construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. Contractor will include the portion of the sentence immediately preceding paragraph A.1. of this Section I and the provisions of paragraphs A.1. through A.7. in every Subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. Contractor will take such action with respect to any Subcontract or purchase order as the Administering Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the Administering Agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States. Catawba County further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of Catawba County which does not participate in work on or under this Contract. 9. Catawba County agrees that it will assist and cooperate actively with the Administering Agency and the Secretary of Labor in obtaining the compliance of Contractor and any Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Administering Agency and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Administering Agency in the discharge of the agency’s primary responsibility for securing compliance. 10. Catawba County further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally Assisted Construction Contracts pursuant to the Executive Order and that it will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractor and any Subcontractors by the Administering Agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Catawba County agrees that if it fails or refuses to comply with these undertakings, the Administering Agency may take any or all of the following actions: Cancel, terminate, or suspend, in whole or in part, this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Page 16 of 25 II. Copeland “Anti-Kickback” Act. Contractor and any subcontractors performing work under the contract shall comply with 18 U.S.C. §874. Catawba County shall report all suspected or reported violations to Treasury. III. Rights to Inventions Made Under a Contract or Agreement. A. The Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Government purposes,” any subject data or copyright described below. “Government purposes” means use only for the direct purposes of the Government. Without the copyright owner’s consent, the Government may not extend its federal license to any other party. 1. Any subject data developed under the Contract, whether or not a copyright has been obtained, and 2. Any rights of copyright purchased by Contractor using federal assistance funded in whole or in part by the Department of the Treasury. B. Unless Treasury determines otherwise, a Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit Treasury to make available to the public either (1) Treasury’s license in the copyright to any subject data developed in the course of the Contract or (2) a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work which is the subject of this Contract is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Government may direct. C. Unless prohibited by North Carolina law, upon request by the Government, Contractor agrees to indemnify, save, and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Contract. Contractor shall be required to indemnify the Government for any such liability arising out of the wrongful act of any employee, official, or agent of the Contractor. D. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. E. Data developed by Contractor and financed entirely without using federal assistance provided by the Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work. Contractor agrees to include these requirements in each Subcontract for experimental, developmental, or research work financed in whole or in part with federal assistance. F. For the purposes of this Section III, “subject data” means “recorded information, whether or not copyrighted, . . . that is delivered or specified to be delivered as required by the Contract.” Examples of “subject data” include, but are not limited to, “computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses or other similar information used for performance or administration of the Contract.” IV. Debarment and Suspension. A. This contract is a covered transaction for purposes of 2 CFR §180.210 and 31 CFR §19.210. Therefore, this Contract is a lower-tier covered transaction for purposes of 2 C.F.R. Part 180 and Page 17 of 25 31 C.F.R. Part 19 if (1) the amount of this Contract is greater than or equal to $25,000 (2 C.F.R. § 180.220(b)(1); 31 C.F.R. § 19.220(b)(1)); (2) the Contract requires the consent of an official of the Department of the Treasury (2 C.F.R. § 180.220(b)(2); 31 C.F.R. § 19.220(b)(2)); or (3) this Contract is for federally required audit services (2 C.F.R. § 180.220(b)(3); 31 C.F.R. § 19.220(b)(3)). B. As such, the contractor is required to verify that contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) of both contractor and contractor’s principals are not excluded (defined at 2 CFR § 180.935) and are not disqualified (defined at 2 CFR § 180.935). If any of the foregoing persons are excluded or disqualified and the Secretary of the Treasury has not granted an exception pursuant to 31 C.F.R. §19.120(a) (a) this contract shall be void; (b) Catawba County shall not make any payments of federal financial assistance to contractor; and (c) Catawba County shall have no obligations to contractor under this contract. C. The contractor must comply with 2 CFR pt. 180, subpart C and 31 CFR pt. 19, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County and all liability arising from an erroneous representation shall be borne solely by the contractor. D. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 31 CFR pt. 19, in addition to remedies available to Catawba County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. V. Byrd Anti-Lobbying Amendment. A. Contractor certifies that it will not and has not used Federal 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. §1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency. This certification is a material representation of fact upon which County has relied when entering into this contract, and all liability arising from an erroneous representation shall be borne solely by contractor. B. *Purchases over $100,000 - Contractors must sign the certification included as Attachment C and shall cause any subcontractors with a subcontract (at any tier) exceeding $100,000 to file with the tier above it the same certification. VI. Procurement of Recovered Materials. A. Section VI.B. shall apply if (1) this Contract involves the purchase of an item designated by the Environmental Protection Agency (“EPA”) in 40 C.F.R. Part 247 that exceeds $10,000 or (2) the total value of such designated items acquired during Unit’s preceding fiscal year exceeded $10,000. B. In the performance of the Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot (1) be acquired competitively within a timeframe providing for compliance with the Contract performance schedule, (2) meet Contract performance requirements, or (3) be acquired at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available on EPA’s website. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. VII. Prohibition on Contracting for Covered Telecommunications Equipment or Services. Page 18 of 25 A. Definitions. Unless otherwise defined in this Contract, capitalized terms used in this Section VII shall have the meanings ascribed thereto in this Section VII.A. 1. “Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 2. “Covered Foreign Country” means the People’s Republic of China. 3. “Covered Telecommunications Equipment or Services” means (a) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (b) for the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (c) telecommunications or video surveillance services provided by such entities or using such equipment; or (d) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a Covered Foreign Country. 4. “Critical Technology” means (1) defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations and controlled (a) pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology, or (b) for reasons relating to regional stability or surreptitious listening; (3) specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) select agents and toxins covered by part 331 of title 7, Code of Federal Regulations; part 121 of title 9 of such Code; or part 73 of title 42 of such Code; or (6) emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. § 4817). 5. “Interconnection Arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. 6. “Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. 7. “Substantial or Essential Component” means any component necessary for the proper function or performance of a piece of equipment, system, or service. 8. “Telecommunications Equipment or Services” means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video surveillance, and cloud services. Page 19 of 25 B. Prohibitions. 1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obtaining or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2. Unless an exception in Section VII.C. applies, Contractor and any Subcontractors may not use any grant, cooperative agreement, loan, or loan guarantee funds (including, without limitation, Fiscal Recovery Funds) received from a federal government to: a. Procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology of any system; c. Enter into, extend, or renew contracts with entities that use Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology as part of any system; or d. Provide, as part of its performance of this Contract, any Subcontract; any other contractual instrument; or any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology as part of any system. C. Exceptions. 1. This clause does not prohibit Contractor or Subcontractors from providing: a. A service that connects to the facilities of a third party, such as Backhaul, Roaming, or Interconnection Agreements, or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment that: i. Is not used as a Substantial or Essential Component of any system and ii. Is not used as Critical Technology of any system. b. Other telecommunications equipment or services that are not considered Covered Telecommunications Equipment or Services. D. Reporting Requirement 1. In the event Contractor identifies, during contract performance, covered Telecommunications Equipment or Services used as a Substantial or Essential Component of any system or as Critical Technology as part of any system, or if Contractor is notified of such by a Subcontractor at any Tier or by any other source, Contractor shall report the information in paragraph D.2 of this Section VII to Unit, unless procedures for reporting the information are established elsewhere in this Contract. Page 20 of 25 2. Contractor shall report the following information to Unit pursuant to paragraph D.1 of this Section VII: a. Within one business day from the date of such identification or notification: contract number; order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b. Within ten business days of submitting the information in paragraph D.2.a. of this Section: any further available information about mitigation actions undertaken or recommended. In addition, Contractor shall describe (i) the efforts it undertook to prevent use or submission of Covered Telecommunications Equipment or Services and (ii) any additional efforts that will be incorporated to prevent future use or submission of Covered Telecommunications Equipment or Services. E. Subcontractor. Contractor shall cause to be inserted into all Subcontracts and other contractual instruments relating to the performance of this Contract the substance of this Section VII, including this paragraph E. VIII. Domestic Preferences for Procurements. A. For purposes of this Section VIII, the terms below are defined as follows: 1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coating, occurred in the United States. 2. “Manufactured Products” means items and construction materials composed, in whole or in part, of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. B. As applicable, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials Produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other Manufactured Products. Contractor shall cause any Subcontractors to include the requirements of this Section VIII in any Subcontracts. IX. Solicitation of Minority and Women-Owned Business Enterprises. A. If Contractor intends to let any Subcontracts, Contractor shall (1) place qualified small and minority businesses and women’s business enterprises on its solicitation lists; (2) assure that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; (3) divide 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) establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises; (5) use the services and assistance, as appropriate, of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, and the North Carolina Office for Historically Underutilized Businesses. B. For the purposes of Section IX.A., an entity shall qualify (1) as a “minority business” or “women’s business enterprise” if it is currently certified as a North Carolina “historically underutilized Page 21 of 25 business” under Chapter 143, Section 128.4(a) of the N.C. General Statutes (hereinafter G.S.), and (2) as a “small business” if it is independently owned and operated and is qualified under the Small Business Administration criteria and size standards at 13 C.F.R. Part 21. X. Access to Records. A. Contractor agrees to provide Unit, the Department of the Treasury, the Treasury Office of Inspector General, the Government Accountability Office, and the Comptroller General of the United States, or any authorized representatives of these entities, access to any records (electronic and otherwise) of Contractor which are directly pertinent to this Contract to conduct audits or any other investigations. Contractor agrees to permit any of the foregoing parties to reproduce such records by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. B. Contractor agrees to retain all records covered by this Section X through December 31, 2031, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit, or other inquiry involving the Contract. XI. Conflicts of Interest; Gifts and Favors A. Contractor understands that (1) Unit will use Fiscal Recovery Funds to pay for the cost of this Contract and (2) the expenditure of Fiscal Recovery Funds is governed by the Conflict of Interest Policy of the Unit, the Regulatory Requirements (including, without limitation, 2 C.F.R. § 200.318(c)(1)), and North Carolina law (including, without limitation, G.S. 14-234(a)(1) and - 234.3(a)). B. Contractor certifies to Unit that as of the date hereof, to the best of its knowledge after reasonable inquiry, no employee, officer, or agent of Unit involved in the selection, award, or administration of this Contract (each a “Covered Individual”); no member of a Covered Individual’s immediate family; no partner of a Covered Individual; and no organization (including Contractor) which employs or is about to employ a Covered Individual has a financial or other interest in, or has received a tangible personal benefit from, Contractor. Should Contractor obtain knowledge of any such interest or any tangible personal benefit described in the preceding sentence after the date hereof, Contractor shall promptly disclose the same to Unit in writing. C. Contractor certifies to Unit that it has not provided, nor offered to provide, any gratuities, favors, or anything of value to an officer, employee, or agent of Unit. Should Contractor obtain knowledge of the provision, or offer of any provision, of any gratuity, favor, or anything of value to an officer, employee, or agent described in the preceding sentence after the date hereof, Contractor shall promptly disclose the same to Unit in writing. XII. Assurances of Compliance with Title VI of the Civil Rights Act of 1964. A. Contractor and any Subcontractor, or the successor, transferee, or assignee of Contractor or any Subcontractor, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §§ 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this Contract. Title VI also provides protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. §§ 2000d et seq., as Page 22 of 25 implemented by Treasury’s Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this Contract. XIII. Other Non-Discrimination Statutes. A. Contractor acknowledges that Unit is bound by and agrees, to the extent applicable to Contractor, to abide by the provisions contained in the federal statutes enumerated below and any other federal statutes and regulations that may be applicable to the expenditure of Fiscal Recovery Funds: 1. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; 2. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; 3. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and 4. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability in programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. XIV. Miscellaneous. A. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 Fed. Reg. 19,216 (Apr. 18, 1997), Catawba County encourages Contractor to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles. B. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 Fed. Reg. 51,225 (Oct. 6, 2009), Unit encourages Contractor to adopt and enforce policies that ban text messaging while driving. C. Davis-Bacon Act. Contractor shall be in compliance with all applicable provisions of the Davis-Bacon Act (29 C.F.R. §5.5(a)(1)-(10)) and Copeland "Anti-Kickback" Act (18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3) which are incorporated by reference into this Contract. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Clean Air Act. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). E. Procurement of Recovered Materials. Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired; competitively within a timeframe providing for compliance with the contract Page 23 of 25 performance schedule; meeting contract performance requirements; or at a reasonable price. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. F. False Claims Act. The contractor acknowledges that the Administrative Remedies for False Claims and Statements (31 U.S.C. Chap. 38) applies to the contractor’s actions pertaining to this contract. XV. Conflicts and Interpretation. A. To the extent that any portion of this Addendum conflicts with any term or condition of this Contract expressed outside of this Addendum, the terms of this Addendum shall govern. CONTRACTOR: By: _________________________________________ Name: _______________________________________ Title: _______________________________________ CATAWBA COUNTY: By: _________________________________________ Name: _______________________________________ Title: _______________________________________ Page 24 of 25 ATTACHMENT C CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ADDENDUM CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of the undersigned’s 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, or 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. 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 Section 1352, Title 31 of the 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 $100,000 for each such failure. The Contractor, ______________________, certifies and 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. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. __________________________________________ Signature of Contractor’s Authorized Official __________________________________________ Name and Title of Contractor’s Authorized Official __________________________________________ Date https://images.federalregister.gov/EC21OC91.002/large.png Page 25 of 25 ATTACHMENT D REFERENCE DISCLOSURE FORM Firm shall provide information regarding experience in work similar to this scope of work by listing THREE (3) RECENT CLIENTS, ONLY ONE OF WHICH MAY BE A CATAWBA COUNTY GOVERNMENT LISTING. References should be clients of a similar scale as the services requested in this IFB. 1. COMPANY NAME: ______________________________________________________ PERSON TO CONTACT: _________________________________________________ TELEPHONE NUMBER: _________________________________________________ TYPE OF SERVICE PROVIDED: __________________________________________ SIZE: ____________________________________________________________________ JOB DATES: BEGINNING END_____________________________ 2. COMPANY NAME: ______________________________________________________ PERSON TO CONTACT: _________________________________________________ TELEPHONE NUMBER: _________________________________________________ TYPE OF SERVICE PROVIDED: __________________________________________ SIZE: ____________________________________________________________________ JOB DATES: BEGINNING END_____________________________ 3. COMPANY NAME: ______________________________________________________ PERSON TO CONTACT: _________________________________________________ TELEPHONE NUMBER: _________________________________________________ TYPE OF SERVICE PROVIDED: __________________________________________ SIZE: ____________________________________________________________________ JOB DATES: BEGINNING END_____________________________