2026-06-204 -WW-PDC-3_Grande Vista Bay Pump Station Revision Pre-Bid Document 9-9-25.docx

2026-06-204 – GRANDE VISTA BAY PUMP STATION – ROANE COUNTY PUBLIC UTILITY

The Roane County Purchasing Department will receive sealed bids/proposals/quotes for GRANDE VISTA BAY PUMP STATION – EQUIPMENT ONLY – ROANE COUNTY PUBLIC UTILITY as specified herein. Responses to this solicitation are to be received by 2:00 p.m. on October 14, 2025. Late submittals will neither be considered nor returned.

This bid is being funded from the American Rescue Plan Act, Coronavirus State and Local Recovery Fund grant funding. Therefore, certain restrictions and other federal requirements attach to this opportunity.

Deliver Responses To:

Solicitation Number #2026-06-204 Roane County Purchasing Department 200 East Race Street, Suite 3 Kingston, Tennessee 37763

The solicitation Envelope must show the Company Name, Solicitation Name & Number & Opening Date.

Purchasing Contact Information

GENERAL TERMS & CONDITIONS

1. Addenda No modifications to the Bid/Proposal/Quote shall be binding upon Roane County unless made in writing by an authorized representative of the Roane County Purchasing Department. Bid addenda, if issued, are sent to registered bidders. Prior to submitting your response, it is the responsibility of the vendor to ascertain that they have received all addenda issued and bid/propose/quote accordingly.

Pursuant to TCA §12-4-126, questions regarding the specifications or solicitation procedures must be received by the Purchasing Agent and/or designer no less than ninety-six (96) hours before the opening date. No addenda will be issued within less than forty-eight (48) hours of the bid opening day, excluding weekends and legal holidays designated in §15-1-101 unless the solicitation opening is extended for a reasonable time as determined by the Purchasing Agent, which shall not be less than forty-eight (48) hours excluding weekends and legal holidays designated in §15-1-101, to allow for any necessary changes to solicitation documents and to allow responders to resubmit their responses accordingly.

All questions concerning the solicitation are to be submitted in writing to the Purchasing Department. Information obtained from any other source is not to be considered binding.

2. Appropriation In the event no funds are appropriated by the Roane County Legislative Body for the goods and services specified in any fiscal year or insufficient funds exist to purchase the goods or services, then the Contract shall expire upon the expenditure of previously appropriated funds or the end of the current fiscal year, whichever comes first, with no further obligations owed to or by either party.

3. Assurance Statement:

i. The vendor hereby agrees that it will comply with:

ii. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

iii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iv. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

v. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

vi. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

vii. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000);

viii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);

ix. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

x. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

xi. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

4. Availability of Requested Items Vendors must accept responsibility for verifying availability of specified items prior to submission of their solicitation response. If specified items are discontinued, replaced or will not be available for an extended period, the vendor shall notify the Purchasing Department no less than 96 hours prior to the solicitation deadline, excluding weekends and legal holidays.

5. Award - Evaluation The right is reserved, as the interest of Roane County may require, to reject any and all bids/proposals/quotes and to waive any informality in responses received. Roane County reserves the right to make an award on all items or on any of the items and for an item quantity less than the quantity requested unless qualified by specific limitation of the vendor. The contract award, if made, shall be to the responsive, responsible vendor submitting the lowest bid. (A Responsive Bid/Proposal/Quote is defined as a vendor, business entity or individual who has submitted a response that fully conforms in all material respects to the solicitation and all its requirements, including all form and substance. Responsible Vendor is defined as a contractor, business entity or individual who has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.) In the event tie bids/proposals/quotes are totally equal, selection shall be made by publicly witnessed drawing of lots. Disputes arising from the award of this contract must be submitted in writing to the Purchasing Department and received no later than five (5) calendar days from the contract award date.

The contract will be awarded to the responder whose bid/proposal/quote is the lowest from a responsive and responsible vendir for the area of distribution. Regardless of the procurement method used, price is the final determining factor for awarding the contract. Vendors are requested to note on their bid/proposal/quote document that is submitted if they will honor the pricing submitted for one year from the award date.

6. Background Check – School Projects Any employee of the successful vendor or subcontractor must submit to a criminal history, records check prior to the employee having contact with students or entering school grounds when students are present. Reference TCA § 49-5-413 as amended in Public Chapter 1080. This check is at the vendor’s expense and is conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation.

7. Bankruptcy or Insolvency In the event of any voluntary or involuntary proceedings by or against either party in bankruptcy or insolvency, or for the appointment of a receiver, trustee or an assignee for the benefit of creditors of the property of seller, or in the event of breach of any of the terms hereof including the warranties of the seller, ROANE COUNTY may cancel this contract or affirm the contract and hold the seller responsible for damages.

8. Bid/Proposal/Quote Acceptance Prices quoted shall be held firm and subject to acceptance by Roane County for a period of 60 calendar days from the opening date unless bidder indicates otherwise in their bid/proposal/quote. If the contract is awarded within the time frame specified, the bidder agrees to furnish all supplies/services described or specified at the prices and delivery time quoted.

9. BUSINESS LICENSES

Contractors located in Tennessee are required to have a current business license issued by the State of Tennessee at the time the bid/proposal/quotes are submitted. Vendors located outside Tennessee are required to obtain a business license issued by the State of Tennessee and in Roane County if the project cost is over $50,000.

10. Compliance with Applicable Laws Contractor is assumed to be familiar with and agrees to observe and comply with all federal, state, and local laws, statutes, ordinances, and regulations in any manner affecting the provision of goods and/or services, and all instructions and prohibitive orders issued regarding this work and shall obtain all necessary permits.

11. Conflict of Interest No employee, officer or agent of Roane County shall participate in the selection, award of, or administration of a contract if a conflict of interest, real or apparent, exists. Roane County employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.

By submission of its bid/proposal/quote, the contractor warrants that it has no public or private interest, nor shall acquire directly or indirectly any interest, which would conflict in any manner with the provision of its goods or performance of its contractual services. The contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of Roane County as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor, or consultant to contractor in connection with any goods provided or work contemplated or performed relative to the agreement.

12. Contract Modification The contract expresses the complete agreement of the parties. Any changes hereto must be in writing and signed by the Roane County Purchasing Agent. No other individual is authorized to modify the contract in any manner.

13. Contract Period If awarded, the contract period for this award shall be a one-year period. Contract pricing shall be firm for one (1) year.

14. Contract Terms Upon award, the performance of this contract shall be covered solely by the terms and conditions set forth herein. Any language contained on any invoice, shipping order, bill of lading or other document furnished by the seller at any time and the acceptance by Roane County of any goods/services to be furnished hereunder accompanied by any such document shall not be construed as an acceptance by Roane County of any terms or conditions contained in such document which are inconsistent with the terms and conditions set forth in this Invitation. Any different or additional terms contained in the seller’s acceptance are hereby objected to.

15. Debarment and Suspension USDA/FNS follows the guidance in 2 CFR part 180, OMB Guidelines to agencies on Government wide Non-procurement Debarment and Suspension, as well as related Executive Orders 12689 and 12549, which requires verification that the person with whom they intend to do business has not been excluded or disqualified when entering a transaction covered by this section. This verification will be done by completing the attached form at the end of this document.

By signing this proposal, the Contractor certifies that it and its current principals, and its current subcontractors and their principals:

The Contractor shall provide immediate written notice to the County if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals of its subcontractors are excluded or disqualified. The vendor much complete the Debarment and Suspension Certification form.

16. Declarative Statements Statements or words such as must, shall, or will are declarative statements and the vendor must comply with the condition. Failure to comply with any such condition may result in the proposal being non-responsive and disqualified.

17. Definitions

(A) Roane County, Tennessee, and includes its designated representatives.

(E) “Calendar Days” are consecutive days, as occurring on a calendar, without regard to the day of the week, month, year, or holidays.

The National Institute of Governmental Purchasing (NIGP) Online Dictionary of Procurement Terms, at www.nigp.org, will govern on questions as to any other definition in this contract.

18. Delivery Delivery will be F.O.B. Destination unless otherwise specified in this solicitation. This will apply to regular and normal stock items and special items which must be ordered direct from the manufacturer. All transportation charges shall be paid by the seller.

To ensure an adequate service level for the people, Roane County requires that all goods or services ordered be delivered when specified. Time is, therefore, the essence of this contract. If delivery is not made or service performed at the time agreed upon, Roane County reserves the right to cancel the order and purchase elsewhere and hold the seller accountable, therefore. Repeated instances of not meeting the stated delivery time will be just cause for termination of the contract.

19. Federal Tax and State Sales Tax Purchases by Roane County are not subject to any state sales or federal excise taxes. Exemption certificates shall be furnished upon the Contractor’s request.

20. Force Majeure Neither party shall be liable for delays, or defaults in the performance of this contract due to Force Majeure or the public enemy, riots, strikes, fires, explosions, accidents, governmental action of any kind or any other causes of similar character beyond their control and without their fault or negligence.

21. Future Purchases – Bid Renewal Unless otherwise noted, Roane County reserves the right to purchase goods or services for one year from the date of the award of the contract at the same price and terms and conditions. Further, Roane County reserves the right to renew all aspects of the bid one (1) year at a time for additional years in one (1) year increments as noted in the bid/proposal/quote specifications. There is no guarantee that this contract will be considered for renewal.

22, Governing Law This contract shall be governed by the laws of the State of Tennessee, and all obligations of the parties are performable in Roane County, Tennessee. The Courts in Roane County shall be exclusive and concurrent jurisdiction of any disputes which arise hereunder.

23. Indemnification and Insurance

(A) The contractor will maintain, at their expense adequate insurance coverage to protect them from claims arising under the Worker’s Compensation Act, from claims for damages resulting from bodily injuries and damage to their property, for Bodily Injury and Property Damage Liability in the amount of no less than $1,000,000, for Products and Completed Operations Liability of no less than $1,000,000 and from claims for damage to any Roane County property. Additional insurance requirements may be listed in any Special Terms & Conditions or in the Bid Specifications. This insurance company shall have a Best’s rating of A or better. Any deviations from the above requirements must be disclosed in the bid submission.

(B) The successful bidder shall furnish a Certificate of Insurance issued by their insurance company showing that Roane County as an additional insured. Carrier will assume full common liability of all shipments.

(C) Contractor shall indemnify, defend, save and hold harmless all departments of Roane County Government and/or Roane County Schools, its officers, agents and employees from all suits, claims, actions or damages of any nature brought because of, arising out of, or due to breach of the agreement by Contractor, its subcontractors, supplier, agents or employees or due to any negligent act or occurrence or any omission or commission of the contractor, its subcontractors, suppliers, agents or employees until the contract terminates.

(D) The successful vendor is required to provide a Certificate of Insurance to the Purchasing Department naming Roane County as additional insured. The Certificate must be submitted to the Purchasing Department prior to contracts being signed or purchase order is issued. Complete certified copies of insurance policies shall be provided upon request. The contractor must maintain the insurance coverage required while this contract is in force and shall provide documentation of such insurance in a form satisfactory to the Purchasing Department. Noncompliance may result in the contract being awarded to the next lowest responsive and responsible bidder.

24. Incurred Cost Roane County will not be liable in any way for costs incurred by any bidder in the preparation and submission of its bid, nor for the participation in any required meetings, discussions, or negotiations.

25. Independent Contractor The contractor shall acknowledge that it and its employees serve as independent contractors and that Roane County shall not be responsible for any payment, insurance, or incurred liability.

26. Inspection and Acceptance The Contractor shall be responsible for all materials or service until they are delivered and accepted. No material or service received by Roane County pursuant to this contract shall be deemed accepted until Roane County has had a reasonable opportunity to inspect said material or service. All material discovered to be defective or does not conform to any warranty of the seller herein, upon initial inspection or at any later time if the effects contained in the material were not reasonably ascertainable upon inspection, may be returned at the seller’s expense for full credit or replacement. No goods returned as defective will be replaced without the buyer’s written authorization. Such return shall in no way affect Roane County discount privileges or exclude any other legal, equitable or contractual remedies the Roane County may have therefore been involved. Performance of services shall be completed to Roane County’s satisfaction.

27. Iran Divestment Act By submission of this bid and the attached affidavit, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each contractor is not on the list created pursuant to Tennessee Code Annotated §12-12-106.

28. Invoices Invoices shall be submitted to the Roane County Accounting Department, PO Box 643, Kingston, TN 37763. Invoices may also be submitted electronically to the Accounts Payable Clerk.

Pay requests for construction services must be authorized by the contractor, the engineer, and the county’s representative on the project.

29. Late Responses It is the responsibility of the vendor to deliver their submission or submission modification on or before the bid deadline date and time. Modifications cannot be made to the bid after the bid deadline. The time of record will be the date/time stamp Purchasing Department. Late submissions will not be considered or returned. Submissions are considered late if received after 2:00:00 p.m. on the bid/proposal/quote opening date.

30. Limitations of Liability In no event shall Roane County be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Roane County has been advised of the possibility of such damages.

31. Modification or Withdrawal of Bids Bids/proposals/quotes may be modified or withdrawn by signed written notice to Roane County Purchasing Department or in person by an authorized vendor representative provided the modification or withdrawal is received prior to the bid deadline. A vendor representative making a modification in person shall have proper identification and shall initial the change. The vendor representative shall sign a receipt for the withdrawal of a bid/proposal/quote. An electronic notice with an authorized signature would be acceptable for bid modification or withdrawal. It is the vendor’s responsibility to confirm receipt of the modification or withdrawal. Electronic communications shall not reveal the bid price but shall provide the addition, subtraction, or other modifications so that the final prices or terms will not be known by Roane County until the sealed bid is opened.

32. Non-Boycott of Israel Affidavit Pursuant to Tennessee Code Annotated (TCA 12-4-1 et seq.), bidders/proposers are to affirm that they are compliant with the Non-Boycott of Israel.

33. Non-Collusion The requirements of State and Federal Antitrust Law, as well as the terms and conditions of this solicitation, require that all decisions made as to matters concerning this bid/proposal/quote be made on an individual firm basis. The bidder/proposer certifies that no company employees, agents, or representatives colluded in any respect with any other person or firm as to the terms and conditions of the company’s submission. This verification will be done by completing the attached form at the end of this document. Any concerted activity with respect to this solicitation will be reported to the Antitrust Division of the Office of the Attorney General, State of Tennessee.

34. Notification to County If no response is to be submitted to this bid/proposal/quote, it is not necessary to return the Invitation; however, notice should be given to the County if the recipient wishes to remain on Roane County vendor list for future solicitations.

35. Notice and Service Thereof Any notice to any Contractor from Roane County relative to any part of this contract will be in writing and considered delivered and the service thereof complied with when said notice is posted with said Contractor or his authorized representative.

36. Packaging Roane County will not be liable for any charges for packaging, crating, carting, drayage, or storage more than the purchase price of this order unless stated otherwise herein.

37. Patents The seller guarantees that the articles described herein and the sale or use of them will not infringe upon any U.S. or foreign patent and seller covenants that he will, at his own expense, defend every suit which may be brought against Roane County, or those selling or using Roane County product (provided seller is promptly notified of such suit and all papers therein are delivered to the seller) for any alleged infringement of any patent by reason of the sale or use of such articles and seller agrees that he will pay all costs, damages and profits recovered in any such suit. .

38. Preparation of Bid/Proposal/Quote

(A) Vendors are expected to examine all solicitation documents. Failure to do so will be at the vendor’s risk.

(B) Each vendor shall provide all the information required by the Invitation. The bidder/proposer shall sign the Invitation; erasures or other changes shall be initialed by the person signing the offer. Bids/proposals/quotes that are submitted on forms other than the enclosed forms are subject to disqualification.

(C) Unit price shall include freight unless otherwise specified in the Invitation. In case of discrepancy between any unit price and an extended price, the unit price shall govern.

(D) Alternate bids/proposals/quotes for supplies or services other than those specified will not be considered unless authorized by the Invitation.

(E) Bidders/proposers must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the Invitation.

(F) Delivery time, when stated as the number of days, will include Saturdays, Sundays, and holidays.

(G) Bidders/proposers are cautioned to check their submission for possible error. Errors discovered after public opening cannot be corrected and the bidder/proposer will be required to honor their pricing or be subject to disqualification for award.

39. Protest Procedure If a prospective vendor does not agree with the contract award, they have the right to protest. Disputes arising from the award of this contract must be submitted in writing to the Roane County Purchasing Department no later than seven (7) days from the date of the award. The steps for dispute resolution may include:

(A) A meeting with the Purchasing Agent, the requisitioning department’s manager, and representatives from the disputing party to discuss and resolve the complaint.

(B) Information from the meeting will be forwarded to the County Attorney for review.

(C) A written decision letter stating the reasons for the decision will be prepared by the Purchasing Agent and submitted in writing to the protestor and all parties involved.

(D) Purchases will not be allowed under this procurement until a final decision is rendered.

(E) If purchases must be made before a final decision is rendered, the emergency purchase procedures will be used.

40. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract will be deemed to be inserted herein and the contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract will forthwith be physically amended to make such assertion or correction.

41. Public Information The vendor understands that any material supplied to Roane County Purchasing Department in submitting to this solicitation may be subject to public disclosure under the Tennessee Open Records Act, T.C.A. §§ 10-7-501 et seq.

42. Qualifications of Bidders/Proposers The Purchasing Department may make such investigations as are deemed necessary to determine the ability of the bidder/proposer to perform the work and the bidder/proposer shall furnish all such information and data for this purpose as may be requested. Roane County reserves the right to reject any bid/proposal/quote if the evidence submitted by or investigation of such bidder/proposer fails to satisfy the county that such bidder/proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

43. Quantities Roane County assumes no obligation for articles or materials shipped more than the quantity ordered hereunder. Any unauthorized quantity is subject to rejection and return at seller’s expense.

Roane County does not guarantee any purchase will be made because of this solicitation; also, Roane County does not guarantee any minimum or maximum quantity that may be ordered based on the outcome of this solicitation.

44. Records The Contractor shall maintain documentation for all charges under this Contract. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice from Roane County, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles.

45. Registration Vendors are to register to be on the Roane County vendor list by going to the County’s website at www.roanecountytn.gov. Select Purchasing Department and click on vendor registration. Vendors are responsible for keeping their information current.

46. Remedies Roane County shall have all rights and remedies afforded under the U.C.C. and in State & Local laws in contract and in tort, including but not limited to, rejection of goods, rescission, right offset-off, refund, incidental, consequential, and compensatory damages, and reasonable attorney’s fees.

47. Restrictive or Ambiguous Specifications It is the responsibility of the vendor to review the entire bid/proposal/quote document and to notify the Purchasing Agent if the solicitation is formulated in a manner that would unnecessarily restrict competition or if it is ambiguous in what is being requested.

48. Right to Inspect Roane County reserves the right to make periodic inspections of the manner and means the service is performed or the goods are supplied.

49. Subcontracts The contractor is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to and approved by Roane County.

50. Submissions of Bids & Proposals A. Submissions shall be enclosed in a sealed envelope and addressed to the:

ROANE COUNTY PURCHASING DEPARTMENT

200 EAST RACE STREET, SUITE #3

KINGSTON, TN 37763

B. The name and address of the bidding/proposing firm shall be identified on the face of the envelope along with the bid/proposal number and title. Bids/proposals for construction projects exceeding $25,000.00 must include the required Contractor licensing information on the face of the envelope per T.C.A. § 62-6-119.

C. Roane County does not accept sealed bids/proposals electronically.

D. Samples of items, when required, must be submitted within five (5) calendar days and at no expense to Roane County unless otherwise specified by the county. If not consumed by testing, samples will be returned at bidder/proposer’s request and expense unless otherwise specified in the RFP.

51. Termination of Contract If the Contractor or any of his Sub-Contractors fails to perform or comply with any provision of this contract, Roane County may consider such failure or noncompliance a breach of contract and reserves the right to terminate the contract at any time, in whole or in part, in the sole judgment and discretion of the Purchasing Agent. Roane County expressly retains all its rights and remedies provided by law in case of such breach, and no action by ROANE COUNTY shall constitute a waiver of any such rights or remedies. If the contract is so terminated, the County may purchase, upon such terms and in such manner as the Purchasing Agent may deem appropriate, supplies or services like those so terminated and the Contractor will be liable for excess cost occasioned thereby. In the event the contract is terminated by Roane County for due cause, the vendor may be barred from proposing on Roane County contracts for a period of 12 months. The contract may be cancelled without cause by either party with the giving of written notice of no less than 30 calendar days. From this notice to the termination date to the Contractor.

AMERICAN RESCUE PLAN ACT (ARPA)

CONTRACT TERMS AND CONDITIONS

1. Compliance with the requirements of Title VI of the Civil Rights Act of 1964, as amended, and the Rehabilitation Act of 1973, P.L. 93-112, as amended, and any relevant program-specific regulations, and shall not discriminate against any employee for employment because of race, national origin, creed, color, sex, religion, age, disability, or handicap condition (including AIDS and AIDS- related conditions).

2. Compliance with 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.

3. Compliance with Section 504 for 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.

4. Compliance with the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), and Treasury’s implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

5. Compliance with Title II of the Americans with Disabilities Act of 1990 (P.L. 101-136), 42 U.S.C. 12101, as amended, and regulations adopted thereunder contained in 28 CFR 26.101-36.999 inclusive, and any relevant program-specific regulations.

6. Compliance with Equal Opportunity in accordance with 41 CFR Chapter 60. 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:

i. 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.

7. Compliance with Title 2 of the Code of Federal Regulations (CFR) and any guidance in effect from the Office of Management and Budget (OMB) related (but not limited to) audit requirements for grantees that expend $750,000 or more in Federal awards during the grantee’s fiscal year must have an annual audit prepared by an independent auditor in accordance with the terms and requirements of the appropriate circular.

8. Certifications that the Contractor/Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. This certification is made pursuant to regulations implementing Executive Order 12549, Department and Suspension, 28 C.F.R. pt. 67 §67.510, as published as pt. VII of May 26, 1988, Federal Register (pp. 19150-19211).

9. Contractors must maintain an active registration in the System for Award Management (SAM).

10. Compliance with 31 CFR Part 21 in regards to new restrictions on lobbying and assurance that no funding associated with this award will be used for lobbying. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352- Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

11. Compliance with the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended is applicable to contracts and subcontracts amounts in excess of $150,000. Contractors agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

12. Disclosure of any existing or potential conflicts of interest relative to the performance of services resulting from this award.

13. Provision has been made for compliance with Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part 20.

14. The Contractor will immediately inform the County if additional easements or right-of-way will be required. Any easements or right-of-way to be obtained for the project activities must be acquired with adherence to Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

15. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) is applicable on contracts awarded in excess of $100,000 that involve mechanics or laborers. Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

16. Audits and Inspection/Access to Records/Record Retention: The Contractor shall make records with respect to the project available to the Owner, U.S Department of Treasury, and authorized representatives for examination. The Contractor shall retain all documents, papers, and records which are directly pertinent to this Contract for a period of five (5) years following completion of the contracted work and expiration of the Contract.

17. There is domestic preference for certain procurements using federal funds. Contractor should, to the greatest extent practicable under a Federal award, purchase, acquire, 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). For purposes of this section: 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. 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.

18. When practicable, the Contractor should make effort to procure recovered or recycled materials for items that exceed $10,000 such as those included in 40 CFR Part 247.

19. Any and all applicable permits will be obtained prior to any construction activity.

20. Any publications produced with funds from this award must display the following language:

A. “This project [is being] [was] supported, in whole or in part, by federal funds awarded to Roane County Government by the U.S. Department of the Treasury.”

21. Roane County proposed uses of the funds provided as payment under ARPA will be used only to cover those costs that:

A. Are necessary investments in water or sewer infrastructure.

22. Roane County understands that any funds provided pursuant to this certification cannot be used for depositing funds into any pension fund.

23. Protections for Whistleblowers are in place in accordance with 41 U.S.C 4712.

24. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Roane County encourages contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company owned, rented, or personally owned vehicles.

25. Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6, 2009), Roane County encourages all employees, subrecipients, and contractors to adopt policies that ban text messaging while driving and discourage distracted driving.

26. Termination of Contract for Cause. If, through any cause, the contracted party shall fail to fulfill in timely and proper manner, his obligations under this Contract, or violate any of the covenants, agreements, or stipulations of this Contract, the Owner shall thereupon have the right to terminate this Contract by giving written notice to the Contracted Party of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contracted Party shall entitle the Contracted Party’s receipt of just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Contracted Party shall not be relieved of liability to the Owner for damages sustained or the Subgrantee by virtue of any breach of the Contract by the contracted party. The Owner may withhold any payments to the contracted party for the exact amount of damages due the Owner from the Contractor.

27. Termination for Contract for Convenience. The Owner may terminate this Contract any time by a notice in writing to the Contractor. If the Agreement is terminated by the Owner pursuant to the terms hereof, the contracted party will be paid an amount, which bears the same ratio to the total compensation as the services actually performed. Bear to the total services of the contracted tarty covered by this Contract, less payments of compensation previously made upon the effective date of such termination. The contracted party may be reimbursed (in addition to the above payment) for that portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the contracted party during the contract period, which are directly attributable to the incomplete portion of the services covered by this Contract.

REGULATION COMPLIANCE

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. All contracts more than $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.360-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b)60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient 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 recipient or subrecipient must comply with the requirements of 37 CFR 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 awarding agency.

Clean Air Act ( 42 U.S.C. 7401- 7671q 7401-7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C.