13464-20240715151128 MANTACHIE CONSTRUCT.pdf

REQUEST FOR PROPOSALS

FOR

DESIGN AND

Due August 13

Parks and Recreation Itawamba Main Street/

EQUEST FOR PROPOSALS

FOR PLAYGROUND EQUIPMENT

DESIGN AND INSTALLATION

AT TOWN PARK

August 13, 2024 by 5:00 p.m.

Parks and Recreation Project Itawamba Main Street/Town of Mantachie

PO BOX 70

Mantachie, MS 38855

Issued July 11, 2024

INTRODUCTION

The Town of Mantachie/Itawamba Main Street (“Town”) is soliciting Proposals to this request for qualifications for grant compliance services regarding Mississippi Main Street Revitalization Grant Program funds from the Department of Finance and Administration from an allocation received by the State of Mississippi under the American Rescue Plan Act of 2021; from qualified playground equipment manufacturers and/or vendors (“Vendors”) to design, provide, and install playground equipment at existing Town park location, as detailed in this Request for Proposals (RFP). In general, the Town is looking for unique play equipment with engaging features and high play value that will encourage physical activity and enhance motor skill development. Equipment design must meet the requirements of the Americans with disabilities Act (ADA) and utilize International Playground Equipment Manufacturers Association (IPEMA) certified equipment that meets or exceeds all local, federal and state guidelines and conforms to the playground-related technical standards set by the American Society of Testing Materials International (ASTM) and the U.S. Consumer Products Safety Commission (CPSC).

Town of Mantachie/Itawamba Main Street is an Equal Opportunity Employer. Town of Mantachie/Itawamba Main Street encourages Minority owned Business Enterprises (MBEs) and Woman owned Business Enterprises (WBEs) to submit proposals.

PROPOSAL PARAMETERS & GUIDELINES

Submission Requirements:

All proposals must be presented in accordance with the requirements, format, and guidelines described in this Request for Proposals (RPF) documents.

All submissions must be in a sealed envelope and marked with the following language: “Proposal for Playground Equipment Design and Installation at Town Park.”

Proposals should be signed by an authorized individual to bind the firm, and must be valid for at least 90 days

Submission Deadline:

Interested entities must submit (1) hard copy or electronic copy of the information, no later than 5:00 p.m., Tuesday, August 13th, 2024. Submittals should be emailed or mailed to:

Town of Mantachie/Itawamba Main Street

PO BOX 70

Mantachie, MS 38855

Emails:

mantachietownclerk@yahoo.com director@itawambams.com

CONDITIONS FOR SUBMISSION OF PROPOSAL

All submissions in response to this request must meet the following conditions to be considered:

• Breakdown the proposal by the steps of work necessary

1. Proposals must be received by the date and time specified; late proposals will be disqualified.

• In order to be considered for selection, applicants must submit a complete proposal.

1. Incomplete proposals may not be considered.

• Proposals must include an RFP introductory letter clearly stating the name of the applicant, address and telephone number of the applicant representative.

Proposals will be evaluated on the following factors:

• Qualifications/Experience

• Responsiveness to the RFP and the criteria

• Proposed site equipment designs and concepts address design guidelines and specifications

• Originality and creativity, uniqueness of equipment

• Safety and Accessibility

• Quality of design, play value and target demographic

• Quality, durability and ease of maintenance of the proposed equipment

• Ability to meet established budget

• Ability of proposed design to meet IPEMA certification requirements and comply with current ADA, CPSC, and ASTM guidelines.

To be evaluated properly, each above factor must be addressed in detail

Town of Mantachie/Itawamba Main Street will evaluate each proposal. They may hold proposals for a period of not to exceed thirty (30) days for the purpose of reviewing the content of the proposals and investigating the qualifications of the firms and assigned individuals. An individual contract will be executed for the awarded project and the contract will be on a fixed price basis. Subject to grant award and the removal of all environmental conditions, Town of Mantachie/Itawamba Main Street will award a contract with the qualified individual or firm whose proposal has the highest number of cumulative points issued by the Board and determined to be the most advantageous to Town of Mantachie, cost and other factors considered. The contract will include scope and extent of work and other essential requirements.

The funding award for these services and project shall be made at the sole discretion of the Mayor and Board of Alderman. As this service is not expected to exceed the regulatory threshold pursuant to 2 C.F.R. §200.1, the following information shall be deemed sufficient to allow Itawamba Main Street/Town of Mantachie to make its selection. The Town of Mantachie/Itawamba Main Street is under no obligation to select any presented proposals.

The Town of Mantachie/Itawamba Main Street reserves the right to request additional information from all applicants. In the selection of the top respondent, the Town of Mantachie/Itawamba Main Street reserves the right to engage in an interview process to obtain additional information that will be used during the selection process. Town of Mantachie has the authority to terminate the selection at any time. Town of Mantachie/Itawamba Main Street reserves the right to reject any and/or all proposals.

BACKGROUND – Mantachie Park Improvements

In 2022, the Town of Mantachie kicked-off a Town Park master improvement plan. The Board of Alderman and Mayor, utilized meetings to hear from different clubs, organizations, the public and business owners, what improvements they would like to see in the Town’s park. Representatives showed strong support for park improvements, including ball fields, trails improvements along with trail extension, additional parking, play structures, and resurfacing of the tennis courts. Proposed improvements were identified as short-term, long-term and vision, to help in the implementation of the plan. The improvements proposed for this project include those listed under the short- and long-term items in the Parks Master Plan. Improvements include the new playground equipment, field improvements, walking trail improvements, along with extension, additional parking, resurfacing tennis court and pavilion improvements. Items not implemented under this project will remain under consideration for future implementation as needs and financing allow.

Park improvements and upgrades will provide various recreational programming opportunities for all ages within the community and surrounding area. The Town park upgrades must be designed to meet the existing needs of a Town of 1,200 while providing the flexibility to accommodate the future needs of a rapidly growing community and ever-changing environment. One of the services that Mantachie provides is recreation. The Town of Mantachie Park lies between Mantachie Attendance Center and the town business district. The park provides recreational opportunities such as exercise, fitness, baseball, softball, soccer, and other social interaction for all ages. The park is open to the public seven days per week.

Many members of our community rely on the Town of Mantachie Park for their personal recreation. Community members also use the park for benefits, birthday parties, and town events. For the past 35 years, the park has hosted an annual festival. New outdoor recreational and social opportunities have been added in recent years such as movie night in the park, Firework shows and the annual egg hunt. The park hosts both Mantachie Schools and Mooreville Schools from adjacent Lee County year to year. It also hosts employee picnics from industries such as Systems Automotive Interiors a supplier of Toyota.

SCOPE OF WORK

Selected Vendor(s) will be responsible for the design, provision and installation of play equipment within the Town Park, within the designated budget. Budgets and desired equipment is summarized below.

Play system design shall safely fit in the playground areas as shown on the site plans. Vendors should base their playground equipment designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, play value, cost, and appropriateness must be taken into consideration in the design of the play system.

In the proposal, provide a list of the components to include structure and component model numbers, materials, color choices and recommendations, protective area requirements, target age ranges and developmental levels, target play type or activity, estimated lifetime of equipment including manufacturer’s warranty and any other relevant descriptive information.

All Vendors and their contractor(s) must be prepared to comply with all state, federal and local requirements for play structure equipment. Vendors are responsible for verifying site conditions. No allowances will be made if a Vendor fails to adequately examine a location before submitting a Proposal. All equipment shall be installed by a factory trained and certified installer. The Town shall be exempt for any liability for costs incurred by unsuccessful Vendors in preparation of the proposals.

Location: Mantachie Park

Budget: $50,000.00

Desired Equipment Elements:

• Play structure and amenities designed for children ages 2 -12

• Wheelchair accessibility, play for all abilities

• Shared play areas, flexible play, climbing and free-play, divided by youngest and older play categories •Play structures and amenities must be age appropriate with proper signage.

• All products shall bear the certificate seal of IPEMA and shall meet or exceed

• All equipment must comply with Americans with Disabilities Act (ADA) for Play Areas.

• Lead – Free Polyethylene coating for optimal durability

• All equipment must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.

Documentation of compliance must be provided to the Town with the Vendor’s proposal.

• All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.

• Mounds, boulders, mulched paths, natural materials, natural elements-Surfacing materials

GROUND PREPARATION

The Town of Mantachie shall ensure the area is free of debris and foreign material before installation of the safety surface. The area where a safety surface is installed must be graded for proper drainage with a substrate that is compacted to provide a firm even base. Installation of commercial-grade playground surfacing material is required.

The seam overlap should be a minimum of three inches and all seams should be properly secured to prevent dirt or other substrate material from mixing with the safety surface. The playground surfacing material should be properly secured at the perimeter and around all installed equipment posts and poles.

WARRANTY

Minimum 15-Year Limited Warranty for all plastic and steel components against structural failure due to corrosion/natural deterioration or manufacturing defects. Minimum 100-Year Warranty for all aluminum posts, stainless steel fasteners, clamps, beams, and caps against structural failure due to corrosion/natural deterioration or manufacturing defects.

ASSEMBLY/INSTALLATION AND INSPECTION

The proposals should include the costs of delivered play systems as designed, inclusive of the equipment structures, components, hardware, site grading and prep, installation of playground surfacing, detailed technical installation instructions and maintenance & operations manuals from manufacturer.

The play system(s) assembly and installation will be provided and managed by the Vendor. The Vendor must supply direct supervision from manufacturer or supply qualified and certified representative with playground installation.

A representative of the Vendor is required to conduct a post installation inspection of equipment upon completion to insure the proper installation of the equipment. If not properly installed, modifications must be submitted in writing to the Town and remedied immediately. Co-inspection with the Vendor’s representative of assembly and installation work will be conducted by the Mayor following installation. The Vendor shall submit to the Town the manufacturer’s certification of compliance and warranty following punch list completion. Warranty: Upon completion of installation, the Supplier must provide documentation attesting the equipment has been installed meeting all specifications thereby warranted by the manufacturer. Additionally, it is the Vendor’s responsibility to provide to the Town the manufacturer’s warranty of installed equipment.

GENERAL CONTRACTUAL CONDITIONS

The selected proposer shall certify that it has no knowledge of any circumstances which will cause a conflict of interest in providing professional services; and that no contingent fees have been paid for soliciting or securing the Contract.

The selected proposer shall at its own cost and expense maintain General Liability and Worker's Compensation Insurance as required by the State of Mississippi covering each of the persons employed by it in the operation of the Contract and keep the insurance in force during the term of the Contract.

The Proposer(s) shall defend, indemnify, and hold harmless the Town of Mantachie/Itawamba Main Street, its officers, employees, agents, and representatives from any and all liability or loss of any nature whatsoever arising out of or relating to the Proposer(s) operations under the Scope of Services and any Contract entered into including, without limiting the generality of the foregoing coverage, any act or omission of the Proposer(s), its agents, servants, employees, or invitees in the execution of performance of said Contract.

The Proposer(s) shall maintain Commercial General Liability and Insurance against any and all claims and losses arising out of the operation of the Contract and the operations covered therein. This insurance shall be obtained from a company authorized to do business in the state of Mississippi and shall include the Town of Mantachie, its officers, employees, agents, and representatives as additional insured.

All policies are to be kept in force during the term of the Contract and the certificates. All insurance policies shall be in a form and content satisfactory to the Town, with copies of certificates and endorsements being submitted to the office of the Public Information Officer for review.

The successful Proposer(s) shall furnish the Town of Mantachie/Itawamba Main Street, upon agreement, with a copy of a certificate of insurance evidencing policies, upon request.

PROPOSAL PROCESS

The proposal process will consist of a written/electronic proposal, which shall include the following items:

1. An introduction containing the following information:

a. A complete description of capability and history of the Vendor.

b. Details of similar projects completed within the last three years, including cost and client contact.

c. List specific experience in dealing with local government agencies

d. A list of sub-contractors, if any to be used on the project

2. A list of three (3) references including product or service provided, name of agency, contact person, phone number and/or e-mail.

3. Identify any cooperative purchasing programs that Vendor participates in to provide favorable pricing on equipment. Such pricing is to be incorporated in the cost proposal(s).

4. Design proposal, provide the following:

a. A scaled site plan showing the proposed equipment

b. Drawings, photos and manufacturer’s printed literature and specifications for each item or component of the equipment being proposed.

c. A detailed breakdown of cost including cost of all equipment and shipping, but not limited to:

Design Equipment (inclusive of all structures, components, signage, hardware, equipment manuals and operations manuals) Installation Any other equipment-related improvements necessary to complete the project.

d. Playground manufacturer warranties.

e. Proof of Manufacturer's Product Liability Insurance

f. Proof of Installer factory certification

5. Anticipated lead time for equipment construction and delivery.

PROPOSAL SUBMITTAL

By submitting a Proposal pursuant to this RFP, Vendor is indicating willingness to enter into an Agreement with the General Contractor to be selected during the bidding process and is agreeing to furnish the insurance certificates, endorsements, and Bonds as required by the Agreement and this RFP. Bidder understands that failure to sign the Agreement and/or provide the insurance certificates (upon request), endorsements and bonds will cause the Town of Mantachie/Itawamba Main Street to terminate the bid award.

EVALUATION OF PROPOSALS

Town of Mantachie Board of Alderman and Mayor will review the written proposals and will determine the top Vendor(s). The proposed equipment will be evaluated and final proposal rankings. Evaluation of the proposals will be conducted, based on the following:

• Qualifications/Experience

• Responsiveness to the RFP and the criteria

• Responsiveness to the RFP and the criteria

• Proposed site equipment designs and concepts address design guidelines and specifications

• Originality and creativity, uniqueness of equipment

• Safety and Accessibility

• Quality of design, play value and target demographic

• Quality, durability and ease of maintenance of the proposed equipment

• Ability to meet established budget

• Ability of proposed design to meet IPEMA certification requirements and comply with current ADA, CPSC, and ASTM guidelines.

Based on the proposal evaluations, the Town of Mantachie Board of Alderman will make the final determination and select the Vendor(s) for this project. Upon acceptance, the Town of Mantachie/Itawamba Main Street reserves the right to make minor changes to the selected design within the project scope and budget.

CONFLICTS OF INTEREST PROHIBITED

1. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of Town of Mantachie/Itawamba Main Street may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, Itawamba Main Street may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value.

MISCELLANEOUS

1. Required Contract Terms. All contracts awarded pursuant to these procedures shall contain the applicable required contract terms described in Code Federal Regulations, Title 2, Part 200, Appendix II.

(Attachment “A” hereto.)

2. Compliance with Applicable Requirements. All contracts awarded pursuant to these procedures shall comply with the other applicable requirements contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

OTHER CONSIDERATIONS

This RFP does not commit the Town of Mantachie/Itawamba Main Street to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The Town is not bound to select any of the Vendors submitting proposals, and may, at its discretion, waive any irregularities in Proposals and their submittal. The Town reserves the right to reject any or all proposals, and to reissue the RFP in part or in its entirety.

The Town of Mantachie/Itawamba Main Street reserves the right to cancel or modify, for any or no reason, in part or in its entirety, this RFP including, but not limited to, selection schedule, submittal date, and submittal requirements, without prior notice. Notification of revisions to the RFP will be made by addendum notifications posted at Town Hall.

The Town of Mantachie/Itawamba Main Street reserves the right to verify the information received in the Proposal. If a Vendor knowingly and willfully submits false information or data, the Town reserves the right to reject that Proposal. If it is determined that a contract was awarded as a result of false statements or other data submitted in response to this RFP, the Town reserves the right to terminate the contract. The Town reserves the right to request additional information at any time from any and all Vendors which the Town deems necessary to properly evaluate Proposals.

TENTATIVE SCHEDULE

• Request for Proposals Issued July 11, 2024

• Proposals Due August 13, 2024 at 5:00pm

• Review of Responses & Selection August 13, 2024 at 6:00pm

• Board Approval September 10, 2024

Vendor agrees to hold equipment and upon notification from General Contractor or Town Representative, coordinate delivery and installation of play equipment at location undergoing site improvements. The date(s) for the installation of the playground equipment will be determined by the Town of Mantachie/Itawamba Main Street.

ADDITIONAL INFORMATION

All requests for clarification or additional information must be submitted in writing via e- mail to the Mayor, Matt Fennell, at mantachietownclerk@yahoo.com. Requests for clarification must be received no later than August 9, 2024 at 5 p.m.

The Town of Mantachie/Itawamba Main Street is not bound by any clarifications, interpretations, corrections or changes to the RFP that are made verbally or in any manner other than by written addendum. Interpretation or correction of the RFP will be made by addendum posted on the Town bid webpage and via email to registered bidders. Any addendum will be considered a part of the RFP and will be incorporated therein.

Attachments Attachment A– Coronavirus State and Local Fiscal Recovery Funds Supplement Terms

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ADDENDUM

This CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS

ADDENDUM is entered into by and between ______________________ (“Contractor”), and Itawamba Main Street/Town of Mantachie, and forms an integral part of the Contract.

RECITALS

WHEREAS, Itawamba Main Street/Town of Mantachie has received, either as a Recipient or Subrecipient a payment from the Coronavirus State Fiscal Recovery Fund (“State Fiscal Recovery Fund”) or Coronavirus Local Fiscal Recovery Fund (“Local Fiscal Recovery Fund” and, together with the State Fiscal Recovery Fund, the “Fiscal Recovery Funds”) established pursuant to Sections 602 and 603, respectively, of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (“ARPA”); and

WHEREAS, Itawamba Main Street/Town of Mantachie intends to pay, in part or in whole, for the cost of the Contract using monies received from the Fiscal Recovery Funds; and

WHEREAS, in using such funds, Itawamba Main Street/Town of Mantachie 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 (collectively, the “Regulatory Requirements”); and

WHEREAS, pursuant to the Regulatory Requirements, Itawamba Main Street/Town of Mantachie 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 Fiscal Recovery Funds; and

WHEREAS, pursuant to 2 C.F.R. § 200.327, Itawamba Main Street/Town of Mantachie must include within the Contract applicable provisions described in Appendix II to 2 C.F.R. Part 200, each of which is contained in this Addendum; and

WHEREAS, Itawamba Main Street/Town of Mantachie shall not enter into the Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor’s agreement and adherence to each term and condition contained herein.

Attachment A

NOW THEREFORE, Contractor and Itawamba Main Street/Town of Mantachie do mutually agree as follows:

SUPPLEMENTAL TERMS

(A) EQUAL OPPORTUNITY CLAUSE.

(1) During the performance of this contract, the contractor agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The 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. The 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.

(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the 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.

(c) The 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 the contractor's legal duty to furnish information.

(d) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(e) The 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.

(f) The contractor will furnish 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 his 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.

(g) In the event of the 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 the 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, and 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.

(h) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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. The 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 a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant 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 if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and 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.

The applicant 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 will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant 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.

(2) Contractor agrees to include the equal opportunity clause above in each of its nonexempt subcontracts.

(B) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.The contractor 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 Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract or agreement.

(C) OTHER NON-DISCRIMINATION STATUTES. Contractor acknowledges that the Itawamba County Main Street/Town of Mantachie 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: 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; 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; 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 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.

(D) COPELAND ANTI–KICKBACK ACT.

(A) Contractor. Contractor agrees it shall comply with the Copeland “Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The obligations thereunder include, but are not limited to, the requirement that contractor shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 C.F.R. Part 3 and 29 C.F.R. Part 5 during the preceding weekly payroll period. This statement shall include a “Statement of Compliance” executed by the contractor or by an authorized officer or employee of the contractor who supervises the payment of wages, and shall be on the back of Form WH 347, “Payroll (For Contractors Optional Use)” or on any form with identical wording. Copies of WH 347 may be obtained from the Government contracting or sponsoring agency or from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certificationor its successor site. The contractor shall comply with all other applicable "Anti-Kickback" regulations in 29 CFR Part 3and shall insert appropriate provisions in all subcontracts covering work under this Contract to ensure compliance by the Subcontractors with such regulations, and shall be responsible for the submission of affidavits required of Subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

(B) Subcontracts. The contractor shall insert in any subcontracts the clause above and such other clauses as the Department of Treasury may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(C) Breach. 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) CONTRACT WORK HOURSAND SAFETY STANDARDS ACT.As used in this paragraph, the terms “laborers” and

“mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such work week. The contractor shall comply with all other applicable Contract Work Hours and Safety Standards Act regulations in 29 CFR Part 5 and shall insert appropriate provisions in all subcontracts covering work under this contract to ensure compliance by the Subcontractors with such regulations, and shall be responsible for the submission of affidavits required of Subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph (F), the contractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor shall be liable for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph (F), in the sum of $29 for each calendar day (or higher as provided by any subsequent federal regulations) on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub-paragraph (1) of this paragraph (F).

(3) Withholding for unpaid wages and liquidated damages. The Department of Treasury or the Itawamba County Main Street/Town of Mantachie shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Appeal of withholding for unpaid wages and liquidated damages. Any contractor aggrieved by the withholding of liquidated damages shall have the right to appeal to the Secretary of the Treasury or her designee. Any appeal shall be pursuant to the requirements and/or procedures contained in 29 CFR Part 3 or any other applicable regulations.

(5) Subcontracts. The contractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (5) of this paragraph (D) and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (5) of this paragraph.

(E) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.

(1) Standard. If the federal award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the Itawamba County Main Street/Town of Mantachie wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Department of Treasury. See 2 C.F.R. Part 200, Appendix II(F).

(2) Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as federal awards under these programs do not meet the definition of “funding agreement.”

(3) Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

(F) ENVIRONMENTAL COMPLIANCE.

(1) Standard. Contractor agrees that it will 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). Contractor agrees that it will report all violations to the U.S. Department of the Treasury and the Regional Office of the Environmental Protection Agency (EPA).

(2) Applicability. This requirement applies to contracts awarded by Itawamba County Main Street/Town of Mantachie of amounts in excess of $150,000 under a federal grant.

(I) DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689).

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by Itawamba County Main Street/Town of Mantachie. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Itawamba County Main Street/Town of Mantachie, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

(J) PROCUREMENT OF RECOVEREDMATERIALS. Contractor agrees that it will comply with section 6002 of the

Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the requirements of which include:

(1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

(2) procuring solid waste management services in a manner that maximizes energy and resource recovery;

and

(3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(K) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

Contractor agrees and acknowledges that it is prohibited from obligating or expending loan or grant funds to:

(1) procure or obtain;

(2) extend or renew a contract to procure or obtain; or

(3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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. As described in Public Law 115–232, section 889, “covered telecommunications equipment” is telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

The prohibition in this section includes (a) telecommunications or video surveillance services provided by such entities listed above or using such equipment; and (b) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the 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.

(L) DOMESTIC PREFERENCES FOR PROCUREMENTS. Contractor agrees, to the greatest extent practicable under this contract, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).Contractor further agrees that the requirements of this subsection must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this subsection: (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 coatings, occurred in the United States; and (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.

(M) MISSISSIPPI EMPLOYMENT PROTECTION ACT. Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session, codified as Miss. Code Ann. § 71-11-1, et seq.) and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-verify Program, or any other successor electronic verification system replacing the E-verify Program. Contractor agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Subrecipient and contractor further represent and warrant that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Contractor understands and agrees that any breach of these warranties may subject contractor to the following: (a) termination of this contract and ineligibility for any state or public contract in Mississippi for up to 3 years, with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to contractor by an agency, department or government entity for the right to do business in Mississippi for up to 1 year, or (c) both. In the event of such cancellation/termination, contractor would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit.

(N) BIDS FOR PUBLIC WORKS PROJECTS UTILIZING FUNDS RESULTING FROM A FEDERALLY DECLARED DISASTER.

Pursuant to Mississippi Code Annotated§ 31-5-37, all contractors submitting bids for public works projects that involve an expenditure of Five Thousand Dollars ($5,000.00) or more and that are financed, in whole or in part, through the use of funds received by state or local governmental entities resulting from a federally declared disaster shall submit with their bid a certification that they will comply with the provisions of this section if they are awarded a contract. Contractor therefore agrees that it shall submit to the Itawamba County Main Street/Town of Mantachie and the Mississippi Department of Employment Security an employment plan within seven (7) days after the award of this Contract which shall include the following:

a. The types of jobs involved in the public works project;

b. The skill level of the jobs…