2. FINAL RFP Teaberry Rd Repairs.pdf

REQUEST FOR PROPOSAL

Teaberry Road Repairs Tennessee for DR-4832-TN

Bid Number 111225B

From:

Carter County Government 801 E. Elk Ave, Elizabethton TN 37643

RFP Due Date: November 12th, 2025, at 10:30 AM

Subject: Teaberry Road Repairs

Mandatory Pre-bid meeting: November 6th, 2025, at 10:30 AM

Contact: Nate Wetzel

Contact Phone Number: 423-547-4018

Contact Email: Wetzeln@cartercountytn.gov

All questions due on: November 6th, 2025, at 10:30 AM https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx Respondents shall acknowledge their Legal Counsel has reviewed the CPO guidelines in their response.

Pricing is sought for IMMEDIATE RAPID Services for the following :

1. Repairs to Teaberry Road: 6 Sites

Compliance with Federal Law, Regulations and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund this Contract. The contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives.

The objective:

Carter County Government will receive proposals from firms having specific experience and qualifications in the areas identified in this request. For consideration, information must contain evidence of experience and abilities in the specified area and other disciplines directly related to SCOPE OF WORK Other information required by the Carter County Government may be included elsewhere in the request.

All Respondents shall provide key resumes of staff to be assigned to projects including an organizational chart with Legal Counsel reflected. References and examples of similar work, and other data that demonstrates the respondent’s experience in major road repairs.

A. (Carter County Government) Disaster Committee will review and assess all responses. The committee will only have the responses to the request to review for selection of finalists. It is, therefore, important that Respondent emphasize specific information pertinent to the work. Assessments/Scoring of the responses will be based as follows:

A. The overall quality of the plan for performing road repairs. The plan must maintain a full understanding of the requested services, integrity, and compliance with public policy. Consideration will be given to the entirety and specific requirements of the request. (Important-25 points)

B. Respondent ability to perform the road repairs as reflected by general experience, specific experience in providing the services, and the qualifications and abilities of personnel to be assigned to perform such services. (Very Important – 25 points) https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx

C. The personnel, equipment, facilities, technical, and financial resources to perform this type of service currently available or demonstrated to be made available at the time of request and possible future contracting. (Important – 15 points)

D. Record of past performance of similar work. (Critical – 15 points)

E. Price (Critical-20 points)

Respondent's Response shall contain the following Information:

1. Be authorized and in good standing in the state of the Respondent’s Business Headquarters. If contracted be able to register with the Tennessee Secretary of States (SOS) office within 7 days if not currently registered.

2. Be willing and capable of performing the Services in a timely manner, including, but not limited to, maintenance of proper documentation, proper documentation preparation and management and event closure services.

3. Be knowledgeable and have experience in the provision of the Services and in ensuring that Services are in line with standard FEMA/FHWA/State practices.

4. Be able to perform the Services in a timely manner and on short notice, recognizing that in the event of issuance of a Task Order, the Carter County Government desires maximum percentage of completion of project(s) within the expedited time frame.

Respondent additional information:

1. Name of respondent, location of respondent’s principal place of business, and the place of performance of possible contract(s).

2. Age of respondent’s business and the average number of employees over the past three (3) years.

3. Listing of three projects under which services similar in scope, services, or discipline were performed or undertaken, including at least three awarded during the past five (5) years.

4. List three (3) projects to include the names and addresses of the projects, the scope of the project, and the names and telephone numbers of the clients for reference purposes. All information in this request must be completed.

Responses containing incomplete data will be rejected.

5. A Technical Plan giving as much detail as practical explaining how the services will be performed.

6. Plan for subcontractor participation. Note, Vendors are advised to contact and utilize small, minority, women-owned, and labor surplus area firms.

Respondents can utilize the Tennessee Governor’s Office of Diversity Business Enterprises (GoDBE); or other state systems, to assist in identifying such companies. A Disadvantaged Business Enterprise (DBE) may also be considered.

Respondent shall provide a minimum one-half page article on how they will address this request.

INSURANCE AND BONDING REQUIREMENTS

Respondents must provide proof of Insurability and maximum amount.

A. General Liability in the amount of a minimum of $2,000,000.

B. Workers Comp in the amount $1,000,000.

C. Auto Insurance in the amount of $1,000,000.

D. Errors and Omissions in the amount of $2,000,000.00

Response All submitted RFPs become the property of the Carter County Government and subject to all applicable public records laws including the Tennessee Public Records Act.

The release of this Request for Proposal does not form an acceptance of any offer, nor does such release in any way obligate the Carter County Government to execute a contract with any o t h e r p a r t y . Carter County Government reserves the right to accept, reject, or negotiate any or all responses on the basis of the criteria contained within this document. The final decision to execute any contract with any party will be decided by the Carter County Government.

Response Acceptance The original and five (5) copies of the response and all attachments (six copies total) along with one electronic copy of the response saved as a .pdf file and stored on a CD or jump drive shall be signed and submitted in a sealed envelope or package to: the address listed on page 1. Timely submission of the RFP is the responsibility of the respondent. Responses received after the specified time shall be rejected and returned to the respondent unopened. The envelope or package shall be marked with the RFP opening date and time and the number of the request for RFP (BID NUMBER 111225B). The time and date of receipt shall be indicated on the envelope or package by the Carter County Finance Department.

DELIVERY ADDRESS: 801 E Elk Ave STE 203 Elizabethton, TN 37643. Each page of the RFP, all attachments and the Jump Drive shall be identified with the name of the respondent and page numbers.

Proprietary Information The respondent should clearly mark any and all pages of the response considered to be proprietary information which may remain confidential in accordance with current Codes.

When the Carter County Government receives a request to release information properly designated as confidential or proprietary by a respondent, the Carter County Government shall give the owner of this information a reasonable time to obtain a court order protecting the information as confidential. If the Carter County Government receives a court order it must then notify the requestor that the information is protected by court order and cannot be furnished.

Debarment By submitting a response to the RFP, the respondent certifies that he/she is not currently debarred from participating in any Federal or State Grant Programs.

Procurement Regulations and Guidelines Respondents are required to review the Tennessee Central Procurement Office (CPO) Rules and Regulation that will be utilized for contracts https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx.

Respondent must accept these guidelines to establish a quick and clear understanding of the Carter County Government guidelines.

The following clauses are required conditions when soliciting information for personnel or services:

1. Acknowledgment of Amendments Respondent shall acknowledge receipt of any amendments by copying and signing and being a part of the request. Amendments may include Questions/Answers. An Amendment Tab is required in the response for quick reference.

2. Applicable Law Any Contract as a result of this RFP shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding is conflicts of law’s provisions, and any litigation with respect thereto shall be brought in the courts of the state. The Respondent shall comply with applicable federal, state, and local laws and regulations.

3. Availability of Funds It is expressly understood and agreed that the obligation of the Carter County Government to issue a contract is conditioned upon the appropriation of funds by the Carter County Government.

4. Representation Regarding Contingent Fees Respondent represents that it has not retained a person to solicit or secure future https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx contracts upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in Respondent response.

5. Representation Regarding Gratuities The Respondent represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 6-204 (Gratuities) of the Tennessee Personal Service Contract Procurement Regulations.

6. Compliance with Laws The Respondent understands that the Carter County Government is an equal opportunity employer and therefore maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful an d t h e R e s p o n d e n t a g r e e s d u r i n g t h e t e r m o f a g r e e m e n t s t h a t t h e R e s p o n d e n t w i l l s t r i c t l y a d h e r e t o t h i s p o l i c y i n i t s employment practices and provision of services. The Respondent shall comply with, and all activities under this agreement shall be subject to, all applicable federal, State of Tennessee, and local laws and regulations, as now existing and as may be amended or modified.

7. E-Verification Respondent represents and warrants that it will ensure its compliance with the Tennessee Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session- AN ACT TO CREATE THE TENNESSEE EMPLOYMENT

PROTECTION ACT; TO PROVIDE PROCEDURES FOR NEWLY HIRED EMPLOYEES

AND THEIR EMPLOYERS; TO ENACT DEFINITIONS; TO REQUIRE EMPLOYEE

VERIFICATION; TO PROVIDE EMPLOYER LIABILITY; TO SET UP EMPLOYER-

EMPLOYEE PROGRAMS; TO MAKE PROVISIONS FOR THIRD-PARTY EMPLOYERS;

TO DEFER TO FEDERAL LAW IN STATE LAW; TO ENACT EXEMPTIONS; TO

DESIGNATE ENFORCEMENT DUTIES UNDER THE ACT; TO PROVIDE PENALTIES

FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES). 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 Tennessee. 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. Respondent agrees to maintain records of such compliance and, upon request of the Carter County Government, to provide a copy of each such verification to the Carter County Government. Respondent further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of these warranties, the breach of which may subject Respondent to the following:

(1.) Termination of any Agreement and ineligibility for any local/ state or public contract in Tennessee for up to three (3) years, with notice of such cancellation/termination being made public; or, (2.) The loss of any license, permit, certification or other document granted to Respondent by an agency, department or governmental entity for the right to do business in Tennessee for up to one (1) year; or, (3.) Both.

In the event of such termination/cancellation, the Respondent would also be liable for any additional costs incurred by the CARTER COUNTY GOVERNMENT due to contract cancellation of license or permits.

8. Transparency Contracts, including any accompanying exhibits, attachments, and appendices, are subject to the “Tennessee Open Records Act,” and its exceptions. See Tennessee Comptroller of the Treasury (https://www.comptroller.tn.gov/openrecords/faq.asp).

9. Redactions Information identified by Respondent as trade secrets or other proprietary information which is deemed confidential by state or federal law or outside the applicable freedom of information statutes will be redacted.

10. Approval It is understood that any contract requires approval by the Board of Commissioners for Carter County. If any contract is not approved, it is void and no payment shall be made hereunder.

11. Confidential Information “Confidential Information” shall mean: (a) those materials, documents, data, and other information which the Respondent has designated in writing as proprietary and confidential; and, (b) all data and information which Respondent acquires as a result of its contact with and efforts on behalf of the customer and any other information designated in writing as confidential by the Carter County Government.

Each party to this agreement agrees to the following:

(1.) to protect all confidential information provided by one party to the other;

(2.) to treat all such confidential information as confidential to the extent that confidential treatment is allowed under local/state and/or federal law; and, (3.) except as otherwise required by law, not to publish or disclose such information to any third party without the other party's written permission; and, (4.) to do so by using those methods and procedures normally used to protect the party's own confidential information.

Any liability resulting from the wrongful disclosure of confidential information on the part of Respondent or its subcontractors shall rest with the Responder.

12. Confidentiality Notwithstanding any provision to the contrary contained herein, it is recognized that the Carter County Government is a public entity in the State of Tennessee and is subject to the Tennessee Public Records Act.

https://www.comptroller.tn.gov/openrecords/faq.asp

Tenn. Code Ann. § 10-7-501 et seq. If a public records request is made for any information provided to the CARTER COUNTY GOVERNMENT pursuant to the agreement, the CARTER COUNTY GOVERNMENT shall promptly notify the disclosing party of such request and will respond to the request only in accordance with the procedures and limitations set forth in applicable law. The disclosing party shall promptly institute appropriate legal proceedings to protect its information. No party shall be liable to the other party for disclosures of information required by court order or required by law.

13. Attorney’s Fees and Expenses Subject to other terms and conditions of future agreements and or contracts, in the event the Respondent defaults in any obligations under the agreement, the respondent shall pay to the CARTER COUNTY GOVERNMENT all costs and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred by the CARTER COUNTY GOVERNMENT in enforcing any agreement or otherwise reasonably related thereto.

Respondent agrees that under no circumstances shall the CARTER COUNTY GOVERNMENT be obligated to pay any attorneys’ fees or costs of legal action to any Respondent.

14. Authority to Contract Respondent warrants: (a) that it is a validly organized business with valid authority to enter into an agreement; (b) that it is qualified (or is in process) to do business and in good standing in the State of its Origin; (c) that entry into and performance under any agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind, and (d) notwithstanding any other provision of agreements to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under any agreement.

15. Respondent Personnel The CARTER COUNTY GOVERNMENT shall, when contracting, have the right of reasonable rejection and approval of staff or subcontractors.

16. Failure to Deliver In the event of failure of the Respondent to deliver services in accordance with the terms and conditions of any contract, the CARTER COUNTY GOVERNMENT, after due written notice, may procure the services from other sources and hold the Respondent responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the CARTER COUNTY GOVERNMENT may have.

17. Failure to Enforce Failure by the CARTER COUNTY GOVERNMENT at any time to enforce contractual provisions will not be construed as a waiver of any such provisions.

Such failure to enforce shall not affect the validity of any contract or any part thereof or the right of the CARTER COUNTY GOVERNMENT to enforce any provision at any time in accordance with its terms.

18. Independent Respondent Status:

Respondent shall, at all times, be regarded as an independent Respondent or Contractor under contract and shall at no time act as an agent for the CARTER COUNTY GOVERNMENT. Nothing contained herein shall be deemed or construed by the CARTER COUNTY GOVERNMENT, the Respondent, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar relationship between the CARTER COUNTY GOVERNMENT and the Respondent.

19. No Limitation of Liability Nothing in any Agreement shall be interpreted as excluding or limiting any tort liability of the Respondent for harm caused by the intentional or reckless conduct of the Respondent or for damages incurred through the negligent performance of duties by the Respondent or the delivery of products that are defective due to negligent construction.

20. Notices All notices required or permitted to be given under any agreement must be in writing and personally delivered or sent by certified United States mail, postage prepaid, return receipt requested, to the party to whom the notice should be given at the address set forth below. Notice shall be deemed given when actually received or when refused. The parties agree to promptly notify each other in writing of any change of address.

For the Respondent: Name/Title:

Respondent:

Address:

For the CARTER COUNTY GOVERNMENT:

21. Ownership of Documents and Work Papers The CARTER COUNTY GOVERNMENT shall own all documents, files, reports, work papers and working documentation, electronic or otherwise, created in connection with any contract services, except for the Respondent’s internal administrative and quality assurance files and internal project correspondence. The Respondent shall deliver such documents and work papers to the CARTER COUNTY GOVERNMENT upon termination or completion of each project. The Respondent shall be entitled to retain a set of such workpapers for its files. Respondent shall be entitled to use such work papers only after receiving written permission from the CARTER COUNTY GOVERNMENT and subject to any copyright protections.

22. Record Retention and Access to Records Provided the Respondent is given reasonable advance written notice and such inspection is made during normal business hours of the Respondent, the CARTER COUNTY GOVERNMENT or any duly authorized representatives, shall have unimpeded, prompt access to any of the Respondent’s books, documents, papers, and/or records which are maintained or produced as a result of any contract for the purpose of making audits, examinations, excerpts, and transcriptions. Record retention shall be maintained and all documentation per activation for three (3) years following any and all declaration closeouts. However, if any audit, litigation or other action arising out of or related in any way to this contract is commenced before the end of the three (3) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the three (3) year period, whichever is later.

23. Right to Inspect Facility The CARTER COUNTY GOVERNMENT may at reasonable times inspect the place of business of a Respondent or any Subcontractor which is related to the performance of any Contract awarded by the CARTER COUNTY GOVERNMENT.

24. Termination for Cause and Convenience (1.) Termination. The CARTER COUNTY GOVERNMENT may, when the interests of the CARTER COUNTY GOVERNMENT so require, terminate any contract in whole or in part, for the convenience of the CARTER COUNTY GOVERNMENT. The CARTER COUNTY GOVERNMENT shall give written notice of the termination to the Respondent specifying the part of the contract terminated and when termination becomes effective.

(2.) Respondent's Obligations. Respondent shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Respondent will stop work to the extent specified. The Respondent shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Respondent shall settle the liabilities and claims arising out of any termination of subcontracts and orders connected with the terminated work. The CARTER COUNTY GOVERNMENT may direct the Respondent to assign the Respondent's right, title, and interest under terminated orders or subcontracts to the CARTER COUNTY GOVERNMENT. The Respondent must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

25. Termination for Default (for future contracts) (1.) Default. If Respondent refuses or fails to perform any of the provisions of this agreement with such diligence as will ensure its completion within the time specified in a contract or any extension thereof, or otherwise fails to timely satisfy contract provisions, or commits any other substantial breach, the CARTER COUNTY GOVERNMENT may notify Respondent in writing of the delay or nonperformance and if not cured in ten (10) days or any longer time specified in writing by the CARTER COUNTY GOVERNMENT, such officer may terminate Respondent's right to proceed with a contract or such part of the contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part, the CARTER COUNTY GOVERNMENT may procure similar supplies or services in a manner and upon terms deemed appropriate by the CARTER COUNTY GOVERNMENT. Respondent shall continue performance of a contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

(2.) Respondent's Duties. Notwithstanding termination of any contract and subject to any directions from the CARTER COUNTY GOVERNMENT, Respondent shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Respondent in which the CARTER COUNTY GOVERNMENT has an interest.

(3.) Compensation. Payment for completed services delivered and accepted by the

CARTER COUNTY GOVERNMENT shall be at a contract price. The CARTER COUNTY GOVERNMENT may withhold from amounts due Respondent such sums as the CARTER COUNTY GOVERNMENT deems to be necessary to protect the CARTER COUNTY GOVERNMENT against loss because of outstanding liens or claims of former lien holders and to reimburse the CARTER COUNTY GOVERNMENT for the excess costs incurred in procuring similar goods and services.

(4.) Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Respondent shall not be in default by reason of any failure in performance of any contract in accordance with its terms (including any failure by Respondent to make progress in the prosecution of the work hereunder which endangers such performance) if Respondent has notified the CARTER COUNTY GOVERNMENT within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the CARTER COUNTY GOVERNMENT and any other governmental entity in its sovereign or contractual capacity; fires; floods;

epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Respondent shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Respondent to meet the contract requirements. Upon request of Respondent, the CARTER COUNTY GOVERNMENT shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Respondent's progress and performance would have met the terms of a contract, the delivery schedule shall be revised accordingly, subject to the rights of the CARTER COUNTY GOVERNMENT under the clause entitled (in fixed-price contracts, "Termination for Convenience," in cost-reimbursement contracts, "Termination"). (As used in this Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

(5.) Erroneous Termination for Default. If, after notice of termination of Respondent's right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the CARTER COUNTY GOVERNMENT, be the same as if the notice of termination had been issued pursuant to such clause.

(6.) Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

26. Termination upon Bankruptcy Any future Contract may be terminated in whole or in part by the CARTER COUNTY GOVERNMENT upon written notice to Respondent, if Respondent should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by the Respondent of an assignment for the benefit of its creditors.

In the event of such termination, the Respondent shall be entitled to recover just and equitable compensation for satisfactory work performed under any contract, but in no case shall said compensation exceeds the total contract price.

27. Third Party Action Notification Respondent shall give the CARTER COUNTY GOVERNMENT prompt notice in writing of any action or suit filed, and prompt notice of any claim made against respondent by any entity that may result in litigation related in any way to any agreements.

28. Unsatisfactory Work If at any time during any contract term, the service performed or work done by the Respondent is considered by the CARTER COUNTY GOVERNMENT to create a condition that threatens the health, safety, or welfare of the citizens and/or employees of the CARTER COUNTY GOVERNMENT, the Respondent shall, on being notified by the CARTER COUNTY GOVERNMENT, immediately correct such deficient service or work. In the event the Respondent fails, after notice, to correct the deficient service or work immediately, the CARTER COUNTY GOVERNMENT shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Respondent.

29. Waiver No delay or omission by either party to any agreement in exercising any right, power, or remedy hereunder or otherwise afforded by contracts, at law, or in equity shall constitute an acquiescence therein, impair any other right, power or remedy hereunder or otherwise afforded by any means, or operate as a waiver of such right, power, or remedy. No waiver by either party to any agreement shall be valid unless set forth in writing by the party making said waiver. No waiver of or modification to any term or condition of any agreement will void, waive, or change any other term or condition. No waiver by one party to any agreement of a default by the other party will imply, be construed as or require waiver of future or other defaults.

REQUIRED FEDERAL PROCUREMENT CLAUSES

1. REMEDIES

Applies to all FEMA grant and cooperative agreement programs. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, A.

2. Equal Employment Act 41 CFR 60-1.4(b).

3. Davis Bacon Act (over $2,000.00) 29 C.F.R 5.5(a).

4. Copland “Anti-Kickback” Act greater than $2,000.00.

5. Contract Work Hours and Safety Standards Act greater than $100,000.00 29C.F.R. 5.5(b).

6. Rights to Inventions made under a contract Agreement.

7. Clean Air Act and the Federal Water Pollution Control Act greater than $150,000.00 Respondent 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). Any violations of these acts must be reported to the CARTER COUNTY GOVERNMENT so they can be reported to FEMA.

8. Debarment and Suspension greater than $25,000.00.

Respondent shall not subcontract with any parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.”

9. Byrd Anti-Lobbying Amendment greater than $100,000.00; and

Certification required for all contracts greater than $100,000.00 (31 U.S.C. 1352).

Respondent 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.

Respondent shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal Award. Respondent shall require all subcontractors to submit these same certifications. See Attachment C.

10. Procurement of Recovered Materials.

NFE (Non-Federal Entity) is a state or a political subdivision of a state. Work involves the use of materials, and the contract is for more than $10,000.00.

11. Prohibition on Contracting for Covered Telecommunications Equipment or Services for all declarations and awards issued on or after November 12, 2020.

12. Domestic Preferences for Procurement for all declarations and awards issued on or after November 12, 2020.

Qualifications of Respondent

Respondent may be required before the award of any contract to show to the complete satisfaction of CARTER COUNTY GOVERNMENT that it has the necessary integrity, compliance with public policy, facilities, ability, past performance, technical, and financial resources to provide the service specified therein in a satisfactory manner. Respondent will be required to give a past history and references in order to satisfy the CARTER COUNTY GOVERNMENT in regard to the Respondent’s qualifications. The CARTER COUNTY GOVERNMENT may make reasonable investigations deemed necessary and proper to determine the ability of the Respondent to perform the work, and the Respondent shall furnish to the

CARTER COUNTY GOVERNMENT all information for this purpose that may be requested.

The CARTER COUNTY GOVERNMENT reserves the right to reject any offer if the evidence submitted by, or investigation of, the Proposer fails to satisfy the CARTER COUNTY GOVERNMENT that the Proposer is properly qualified to carry out the obligations of future contracts and to complete the work described therein.

Evaluation of the Respondent’s qualifications shall include:

1. The ability, capacity, skill, financial, and other necessary resources to perform the work or provide the service required;

2. The ability of Respondent to perform the work or provide the service promptly or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience, and efficiency of the Respondent; and,

4. The quality of performance of previous contracts or services.

First Step: RFP's will be reviewed to meet compliance with the request. RFP's that do not comply with the specifications will be rejected, and no further consideration given.

Second Step: RFP's that complete the First Step will be reviewed/analyzed for determination if the response adequately meets the needs of the CARTER COUNTY GOVERNMENT. The following factors will be utilized:

1. The overall quality of the proposed plan and for performing the required services – the plan should reflect an understanding of the project and its objectives. Consideration will be given to the completeness of the response to the specific requirements of the solicitation. (Critical - 25 points)

2. Respondent’s ability to perform such services as reflected by Professional Certifications, technical training and education, general experience, specific experience in providing the required services, and the qualification and abilities Personnel proposed to be assigned to perform the services. This includes the ability of the respondent to provide a work product that is legally defensible. (Very Important - 25 points)

3. The Personnel, equipment, facilities, technical and financial resources to perform the services currently available or demonstrated to be made available at the time of contracting. (Important - 15 points)

4. A record of past performance of similar work. (Critical – 15 points)

5. Pricing (Very Important-20 points).

Third Step: The CARTER COUNTY GOVERNMENT will contact the most qualified Respondent by telephone to schedule either a telephone interview or an onsite interview.

REQUIRED CLAUSES

Employees not to Benefit I (we) hereby certify that if any future contract is awarded to our firm, partnership, corporation, that no employee of the CARTER COUNTY GOVERNMENT or members of his/her family, including spouse, parents or children has received or been promised directly or indirectly, any financial benefit by way of fee, commission, finder’s fee, political contribution or any similar form of remuneration on account of the act of awarding and/or executing this contract.

Conflicts of Interest The Respondent [ ] is [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. See Attachment B.

Representation Regarding Contingency Fees The Respondent [ ] has [ ] has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract.

Representation Regarding Gratuities The Respondent represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 7-204 (Gratuities) of the Tennessee Personal Service Contract Procurement Regulations.

Initial _________

Collusion I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same services, materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I understand collusive proposing is a violation of State and Federal laws and can result in fines, prison sentences, and civil damage awards.

Initial _________

Acceptance of Conditions I certify that this response indicates whether this offer takes any exceptions to the general terms and conditions of the requesting document and to insurance, bonding, and any other requirement listed. If no exceptions are indicated in the offer, I certify that NO exceptions are taken to any of the terms and conditions of this requesting document. initial _____

Proprietary Information This response [ ] does [ ] does not contain proprietary information. If there is proprietary information contained in this quote it is clearly marked as propriety and can be found at

I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of the response and certify that I am authorized to sign for our company.

Signature Date

Name (Printed) Title Date

Project 958996 Road Group 17 - SOW

Teaberry 36.168522 -82.049503:

Shoulder, 338.3333 CY of Riprap 2 ft, 87 FT long x 7 FT wide x 15 FT deep, Shoulder, 18.7963 CY of Crushed Run, 87 FT long x 7 FT wide x 10 IN deep, Mitigation to include; Bench Slope using fabric

Teaberry 36.168706 -82.048983:

Shoulder, 333.3333 CY of 2 ft Riprap 2 ft, 60 FT long x 10 FT wide x 15 FT deep, Shoulder, 7.4074 CY of Crushed run, 60 FT long x 4 FT wide x 10 IN deep, Teaberry 36.169105 -82.050530:

Shoulder, 17.7778 CY of 2 ft 2 ft rip rap, 12 FT long x 4 FT wide x 10 FT deep, Shoulder, 1.5 CY of Crushed run, 12 FT long x 4 FT wide x 10 IN deep, Bench Slope using fabric 23 LF x 10 FT x 4 FT; cover stone to be placed as cap over Rip Rap

Teaberry 36.168986 -82.050565 Repair washout with Rip Rap Rock, Geotextile Fabric 23ft x 1Oft x 4ft Cover Stone to be placed as cap over Rip Rap Roadway Restored with Pug D Base

Project 805828 Road Group 6 Teaberry 36.168477 -82.049747 Replace 16.1111 CY of Base Aggregate Replace 128.8889 CY of Rip Rap

Mitigation includes using geotextile and rock to "bench" (layer) the slope. Approx.

87 LF long x 10 FT wide x 7 FT deep. Each layer to be approx.. 4 FT deep. Rip Rap Rock, 87 FT long x 20 FT wide x 1 FT deep will be placed on top for protection.

Teaberry 36.168986 -82.050565 Repair washout with Rip Rap Rock 23FT x 1OFT x 4FT Cover stone to be placed as cap over Rip Rap Rock Roadway Restored with Pug D Base Stone

Place Geo Textile 23 ft x 1Oft 4 ft. Place Rip Rap Stone over fabric. Cap our with Pug D Base Stone over top of Rip Rap. Restore roadway with Pug D Base Stone.

Scope of Work Criteria

• Contractor will be required to notify Carter County Highway Department and all necessary Emergency Agencies within 24 hours of starting work.

• Contractor will be responsible for providing all Permitting, Signage, Rd

Closure Notices, and any necessary Traffic Detours and/or Traffic Control

• Notification to the Highway Department and all necessary Emergency Agencies is required prior to any closures or detours, including but not limited to inclement weather delays of any kind.

• Once the contract has been awarded, a completion date of 120 days will be required with an allowance of up to, but not to exceed 20 days for inclement weather: not to exceed 140 days before project completion.

ATTACHMENT A

SITE DESCRIPTION $

FEMA

Teaberry

Site 01

• Teaberry 36.168522 -82.049503:

Shoulder, 338.3333 CY of Riprap 2 ft, 87 FT long x 7 FT wide x 15 FT deep, Shoulder, 18.7963 CY of Crushed Run, 87 FT long x 7 FT wide x 10 IN deep, Teaberry

Site 02

• Teaberry 36.168706 -82.048983:

Shoulder, 333.3333 CY of 2 ft Riprap 2 ft, 60 FT long x 10 FT wide x 15 FT deep, Shoulder, 7.4074 CY of Crushed run, 60 FT long x 4 FT wide x 10 IN deep, Site 03

• Tea berry 36.169105 -82.050530:

Shoulder, 17.7778 CY of 2 ft 2 ft rip rap, 12 FT long x 4 FT wide x 10 FT deep, Shoulder, 1.5 CY of Crushed run, 12 FT long x 4 FT wide x 10 IN deep, Bench Slope using fabric 23 LF x 10 FT x 4 FT; cover stone to be placed as cap over Rip Rap

Site 04

• Teaberry 36.168986 -82.050565 Repair washout with Rip Rap Rock, Geotextile Fabric 23ft x 1 Oft x 4ft Cover Stone to be placed as cap over Rip Rap Roadway Restored with Pug D Base

Site 05

• Replace 16.1111 CY of Base Aggregate Replace 128.8889 CY of Rip Rap Mitigation includes using geotextile and rock to "bench" (layer) the slope.

Approx. 87 LF long x 10 FT wide x 7 FT deep. Each layer to be approx .. 4 FT deep. Rip Rap Rock, 87 FT long x 20 FT wide x 1 FT deep will be placed on top for protection.

Site 06

• Teaberry 36.168986 -82.050565 Repair washout with Rip Rap Rock 23FT x 1 OFT x 4FT Cover stone to be placed as cap over Rip Rap Rock Roadway Restored with Pug D Base Stone Place Geo Textile 23 ft x 10 ft 4 ft. Place Rip Rap Stone over fabric. Cap our with Pug D Base Stone over top of Rip Rap.

Restore roadway with Pug D Base Stone.

Total Combined Cost for 10 Sites:____________________

Anticipated Start Date:__________________

Anticipated Completion Date:________________

ATTACHMENT B: CONFLICTS OF INTEREST

1. List the names of Members of the Board of Directors or other Governing Body:

2. Are any Members of the Governing Body or Project Staff also CARTER

COUNTY GOVERNMENT

employees?

Check one, only: YES NO

3. If Yes, please list the name of the CARTER COUNTY GOVERNMENT employee(s) and the position held within the CARTER COUNTY GOVERNMENT.

4. Are any Members of the Governing Body or Project Staff also Spouses, Parents, or Children of Carter CARTER COUNTY GOVERNMENT Employees?

Check one, only: YES NO

5. If Yes, List the Name and Relationship to the CARTER COUNTY GOVERNMENT employee:

6. List all other current contracts with CARTER COUNTY GOVERNMENT (include $ amount/start/end dates):

7. Contractor’s Signature:

Signature Date

ATTACHMENT C

APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING/BYRD

ANTI-LOBBYING CLAUSE 31U.S.C 1352

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)

The undersigned [Contractor] certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file. the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and ~~~~~~~~-accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official

Name and Title of Contractor's Authorized Official Date

CARTER COUNTY GOVERNMENT

VENDOR INFORMATION and ANTI-COLLUSION STATEMENT

By signing this form, the bidder agrees that he has not divulged to, discussed, or compared his bid with other bidders and has not colluded with any other bidder or parties to a bid whatsoever. Note: no premiums, rebates or gratuities to any employee or agent are permitted with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from the bid list and could constitute a felony and result in a fine, imprisonment, as well as civil damages.

In compliance with this Invitation for Bid, and subject to all the conditions thereof, the undersigned offers, if this bid is accepted, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The undersigned certifies that he/she has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of the firm named below. This form must be signed personally by the bidder or the bidder’s authorized agent. All signatures must be original and not photocopies.

Please print or type clearly. Complete each section entirely and verify for accuracy.

COMPANY NAME:

CONTACT PERSON:

CONTACT PERSON TITLE:

SIGNATURE OF

AUTHORIZED

REPRESENTATIVE:

FEDERAL TAX ID #

(or Social Security #, if applicable)

STREET ADDRESS:

STREET ADDRESS:

CITY, STATE, ZIP:

TELEPHONE NUMBER:

FAX NUMBER:

EMAIL:

DATE:

**By signing this form, the bidder signifies understanding and agreement with Carter County Government Terms and Conditions

STATE OF TENNESSEE

NON-BOYCOTT OF ISRAEL CERTIFICATION

The Bidder certifies that it is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel as defined by Tenn. Code Ann. § 12-4-119. This provision shall not apply to contracts with a total value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees.

According to the law, a boycott of Israel means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken:

1) In compliance with, or adherence to, calls for a boycott of Israel, or

2) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason. Tenn. Code Ann. § 12-4-119.

Signature of Authorized Representative Date

Printed Name Phone Number / Email Address