City of Wilson

REQUEST FOR PROPOSALS (RFP) 2627-02

RFP Name: City of Wilson Signage - Design/Fabrication/Installation

Services

Issuing Department: Purchasing Division

Issue Date: 07/17/2026

Submittal Due Date: 08/06/2026 @ 3:00 pm

Direct all questions for this RFP to:

Ricky Wilson

Purchasing Manager

Email: rvwilson@wilsonnc.or

INTRODUCTION:

The City of Wilson (City) invites vendors/firms to submit proposals for signage including but not limited to; custom plaques, signage, exhibits, and landmarks for professional design, fabrication, and installation services at the City of Wilson, Wilson, NC 27893. This request for proposal is to establish a contractual agreement to have custom signage services for various locations and is to be used across all City managed and funded departments as needed to maintain consistency, quality control, and standardization. Services desired include various materials such as: artwork, booklets, drawings, models, mock-ups, materials and specifications that enable the designs to be implemented throughout the City. The objective is to ensure locations are easily identifiable across the City for its citizens, employees, and guests. The sign locations will be requested on an as needed basis. The signage will be used for current, new, future planned facilities and sites.

BACKGROUND AND OVERVIEW:

Typical Landmark Park Signage

Landmark Signage Example:

A typical design of a custom sign for a park located under parks and recreation division is below for an example/reference. Signs will be custom in nature and will vary in many aspects.

REQUIRED SERVICES:

The desired professional services of this contract include consultation, research, design, quality control, implementation, fabrication, installation and coordination of art, exhibits, and other City signage for this Contract up to the execution of the final product and installation services. *This

RFP is not authorized to be used for construction related items related to trades (general, electrical, plumbing, HVAC).

TERM: The contract is anticipated for three (3) years with an additional (2), (1) year options to mutually renew for up to a total of five (5) years. This contract may be used for federal funding if grant funds are involved. Applicable Uniform Guidance provisions will be required if this type of funding is applicable.

DESCRIPTION OF CONTRACTED SERVICES:

This contract is expected to include the following aspects as applicable:

• Research

• Development

• Master planning

• Design

• Exhibit Writing

• Fabrication

• Installation

Recommended Phasing of Signs:

Basic Sign Phases:

➢ Design

➢ Development

➢ Fabrication

➢ Installation

PROPOSAL RESPONSE CONTENTS:

The following information will need to be included in all sealed responses to this Request for

Proposals (RFP) for evaluation: (Submit in a sealed envelope: 1 hardcopy, non-bound, of the

RFP document completed and proposal response). Submittal maximum for this response is the RFP plus up to 25 pages.

1) Cover Letter with a brief history of the firm

2) Response of the staff/team assigned by the firm to provide the requested services with

3) Project Service Team: Individuals or firms should also provide the following information:

a) Name of firm and mailing address;

b) Name and telephone number of the principal contact;

c) Resumes of key employees assigned to the project services with hourly rates,

d) Current company brochure, if available.

4) Project Services Management & Staffing: Describe the management plan to be used and staffing configurations and project schedule illustrating start and completion dates for all major tasks.

6) The Response should specifically relate the firm’s experience to each and every required service.

7) Federal Uniform Guidance (UG) Contract Provisions: Acknowledged and signed

**REQUIREMENT**

8) HUB/Minority Business Participation Sheet

9) References sheet completed and incorporated in response

10) Execution of proposal completed and signed

DEADLINE FOR SUBMISSION OF PROPOSAL RESPONSES:

A response with the firm’s submittal sealed, i.e., the firm’s proposals for the services required, must be received by 3 PM on at the following address.

By mail:

City of Wilson (Attn:) Purchasing

P.O. Box 10

Wilson, NC. 27894-0010

Hand Delivery or Delivery via UPS, or FedEx:

City of Wilson (Attn:) Purchasing

1800 Herring Ave E.

Wilson, NC. 27893 **Proposers may hand deliver RFPs to the Purchasing Office, or if preferred, UPS and FedEx make daily deliveries to our office. If using any other delivery method allow ample time for delivery.

The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFP that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Proposals (RFP).

Any incomplete proposal may be eliminated from the competition at the discretion of the City.

Proposals not received by the deadline stated will not be considered.

RFP TIMELINE:

Provided below is a list of the anticipated schedule of events related to this solicitation. The City reserves the right to modify and/or adjust the schedule to meet the needs of any project(s) service requests. All times are shown in Eastern Time (ET):

RFP Process Date and Time

RFP Advertisement Date 07-17-2026

Deadline for Written Questions 07-29-2026

City Response to Questions

(anticipated)

07-31-2026

Proposals Due 08-06-2026

RFP Award TBD

CRITERIA FOR EVALUATION/AWARD:

Proposals will be reviewed and evaluated by a review team consisting of representatives of City of Wilson Parks and Recreation Staff and the City of Wilson Finance Department. This award is subject to negotiation of a fair and reasonable agreed upon price per task/project service request.

Awarded vendor/firm will be notified of City’s selection. The following factors will be used in evaluating proposals and awarding of a contract based on demonstrated competence and response for the type of services described herein and any attachments to this RFP.

1) Project Services Work Plan-Technical Approach/Understanding of Project – Detail of proposal submittal, specific work products identified, understanding of project service request processes, project service forecasted timelines.

2) Experience and Reputation of Firm on Similar Projects, References – Past involvement of firm with similar signage contracts and funding programs. References of past involvement and resumes of key staff.

3) Staff Assigned to Project Services/Work Management Plan/Experience of Proposed

Personnel – Identification of staff assignments, roles, and responsibilities. Identification of staff experience and their hourly rates.

4) Understanding of Project Services – Responsiveness of firm to elements in RFP, familiarity with operations, infrastructure, and geographic area related to municipalities and other similar type of governmental units.

Evaluation Criteria and Scoring Scale

Responses will be evaluated and scored on a scale of 1-5 (b) with the below weight % (a).

Firms with the highest score total (a) x (b) will be considered first and ranked in that order for initial selection.

Criteria (a)Weight (b)Score

(1-5)

(a) x (b)

Weighted

Score

Project/Work Plan-Technical

Approach/Understanding of Services

20%

Experience and Reputation of Firm on Similar Services, Examples, References

20%

Staff Assigned to Projects/Work

Management Plan/Experience of

Proposed Personnel, Hourly Rates

30%

Understanding of Area-Services 30%

Final Score

If for any reason the highest scored vendor is not able to fulfill requests in their entirety, the City reserves the option to select the next highest qualified firm to ensure that job requests are completed within the project deadline parameters given.

QUESTIONS:

Written questions shall be e-mailed to Ricky Wilson, Purchasing Manager at rvwilson@wilsonnc.org by the date and time specified above. Firms will enter RFP Title –

Questions” as the subject for the email. Questions received prior to the deadline for written questions date if any, the Purchasing Representative and any additional terms deemed necessary by the City of Wilson will be posted in the form of an addendum to the City of Wilson website:

https://www.bidnetdirect.com/north-carolina/cityofwilson and/or the North Carolina

Historically Underutilized Business (NCHUB) Website and shall become an Addendum to this RFP.

No information, instruction or advice provided orally, informally, by any City personnel, or to anyone other than the point of contact in this RFP whether made in response to a question or otherwise concerning this RFP, shall be considered authoritative or binding. Vendors/Firms shall rely only on written material contained in an Addendum to this RFP. Inquiries submitted no later than the date and time noted in the project schedule. Questions answered verbally will be followed up by written addenda as deemed necessary; oral interpretations shall have no effect.

mailto:rvwilson@wilsonnc.org https://www.bidnetdirect.com/north-carolina/cityofwilson

GENERAL CONTRACT TERMS & CONDITIONS

1. DEFAULT: In case of default by the vendor, the City of Wilson may procure the articles or services from other sources and hold the vendor responsible for any excess cost occasioned thereby.

2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alternation of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the vendor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation, which required such alternations. The City of Wilson reserves the right to accept any such alternations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the vendor are dependent upon and subject to the availability of funds to the City for the purpose set forth in this agreement.

4. TAXES: Any applicable taxes shall be invoiced as a separate item. The City is not exempt from local or North Carolina sales tax.

5. GOVERNING LAW AND FORUM FOR DISPUTES: This Agreement shall be governed by the laws of the State of North Carolina without regard to North Carolina’s choice of law provisions. Any lawsuit or other legal proceeding concerning this Agreement and/or the Services must be filed in the Superior

Court of Wilson County, North Carolina.

6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance of goods, whichever is later. Invoices are preferred by the City to be sent by e-mail to cowaccts@wilsonnc.org

7. NON-DISCRIMINATION: The Vendor will take necessary action to comply with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law.

8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the City, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or patent-pending invention, article, device or appliance delivered in connection with The Contract.

10. TERMINATION: Notwithstanding any other provision of this Agreement (including the Contract

Specifications), this Agreement may be terminated at any time by mutual written agreement of City and

Contractor, or it may be terminated unilaterally by either party (i) upon thirty (30) days’ prior written notice to the other, or (ii) in the case of any breach of this Agreement, immediately by written notice to the other party. In case of default of the contractor, the City may procure the articles or services from other sources and charge the Contractor damages for any excess costs or other damages caused by the default.

mailto:cowaccts@wilsonnc.org

11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the City as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the City is willing to act as a reference by providing factual information directly to other prospective customers.

12. ACCESS TO PERSONS AND RECORDS: An independent auditor shall have access to persons and records as a result of all contracts or grants entered into by the City of Wilson in accordance with

General Statute 147-64.7.

13. ASSIGNMENT: No assignment of the Vendor’s obligations nor the Vendor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the City may:

a) Forward the Vendors payment check directly to any person or entity designated by the Vendor, and

b) Include any person or entity designated by Vendor as a joint payee on the Vendor’s payment check. In no event shall such approval and action obligate the City to anyone other than the vendor and the vendor shall remain responsible for fulfillment of all Contract obligations.

14. INSURANCE: Throughout the term of this Agreement, Contractor shall maintain at its sole expense the insurance specified below:

Each Occurrence Limit

Bodily Injury/Property Damage Liability $1,000,000

Personal Injury Liability $1,000,000

Automobile - Combined Single Limit $1,000,000 per accident

General Aggregate Limit $2,000,000

Workers’ Compensation Insurance Statutory Benefits

City is to be named as additional insureds in the Contractor's commercial general liability policy.

Verification of additional insured status shall be furnished to City by providing a copy of the endorsement or Certificate of Insurance.

This insurance will apply as primary insurance with respect to any other insurance or self-insurance that City may have or elect to carry.

15. GENERAL INDEMNITY: The Vendor shall hold and save the City, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of

The Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days from the date that the City has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the City’s agents who are involved in the delivery or processing of Vendor deliverables or

Services to the City. The representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract.

16. CONFIDENTIALITY: Any City information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The Contract and not divulged or made available to any individual or organization without the prior written approval of the City.

17. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority.

18. ENTIRE AGREEMENT: This document and any others incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This document, any addenda hereto, and the Vendor’s proposal are incorporated herein by reference as though set forth verbatim.

All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

19. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the

City and the Vendor.

20. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as such delay is due to causes beyond the control of or without the fault or negligence of

Contractor or City, including force majeure. In such event, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of City’s contractors or agents, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.

21. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other state or federal constitutional provision or principle that otherwise would be available to the City under applicable law.

22. E-VERIFY: As a condition of payment for Services rendered under this Agreement, Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statues when required by law. Further, if Contractor provides the Services to the City utilizing a subconsultant(s), Contractor shall require the subconsultant(s) to comply with the requirements of Article 2 of Chapter

64 of the North Carolina General Statues as well. Contractor shall verify, by affidavit, compliance of the terms of this section by submitting the affidavit to the City upon execution of this Agreement.

23. IRAN DIVESTMENT ACT CERTIFICATION: Contractor certifies that, as of the date listed (2025) it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. Chapter

147 Article 6E. In compliance with the requirements of the Iran Divestment Act and N.C.G.S.

Chapter 147 Article 6E, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

24. EVALUATION OF BID: All qualified proposals/bids will be evaluated and award made to the firm(s) whose proposal/bid is deemed to be in the best interest of the City of Wilson, all factors considered.

The City of Wilson reserves the right to reject any and all offers if determined in its best interest.

25. BID/PROPOSAL PUBLIC RECORD: All proposals/bids received become the property of the City of

Wilson and information included therein or attached thereto shall become public record upon their delivery to the city or after award based on which purchasing category this falls under: formal or informal bidding. Submission of a bid/proposal in response to a request constitutes acceptance of all terms and conditions and requirements contained in the request.

26. RECOMMENDATION OF AWARD: If applicable, the recommendation of award by city council represents a preliminary determination and not a legally binding acceptance of the bid or proposal until the city has executed a written agreement in a form agreeable by an authorized city official.

27. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; the City will not reimburse any Vendor for any costs incurred or associated with the preparation of proposals.

28. SEVERENCE CLAUSE: If any part of this Agreement is deemed unenforceable by a court of competent jurisdiction, then that part shall be enforced to the greatest extent legally possible, and the rest of this Agreement will remain in full force and effect.

29. INDEMNITY: Contractor agrees to indemnify, hold, and save harmless the City from and against any and all losses, claims, damages, costs, lawsuits, judgments, settlements and expenses, including attorneys’ fees and paraprofessionals’ fees (collectively “Liability”) arising out of any of the following, provided that the fault of Contractor or any party for which Contractor is responsible is a proximate cause of such Liability.

a. Breach of contract, negligence, alleged breach of contract or negligence by Contractor;

b. Bodily injury to any persons, including death, or damage to any property, whether owned, leased, or used by the City, Contractor, or others, including, without limitation, loss of use or services, occurring in or arising out of or in connection with the Services. Provided, however, this provision shall not be construed so as to have the effect of indemnifying and holding harmless the City from and against such losses, damages, costs, claims, lawsuits, judgments, settlements, and expenses which shall arise out of the negligent acts or omissions of the City in connection with Services herein contemplated;

c. Property damage caused by the Contractor or occurring on account of or arising out of

Contractor’s Services and/or activities; or

d. Contractor’s violation of any federal, state or local laws, rules, regulations, requirements or common law.

30. INSPECTION AT VENDOR’S SITE: The City reserves the right to inspect, at a reasonable time, the equipment, item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the City’s determination that such equipment, item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

31. PRICE ADJUSTMENTS: A requested price increase may only become effective after approval of the

Purchasing Manager in writing. Price increases will need to have sufficient justification as to the reason why the increase is being requested. The City will need 30 days written notice before price increases can become effective, failure to notify the City of a price increase will result in payment of invoice at prior written contracted/agreed upon pricing until the conditions are met. A price decrease will only need to be communicated to the Purchasing Manager for documentation purposes.

32. BRAND NAME REFERENCES: Brand names identified herein are a reference point for bidders to have knowledge or an idea of what is being requested. Alternative/Equivalent options will be considered once drawings and specifications are submitted. Alternatives are required to be approved by City of

Wilson/Wilson Energy Engineering Staff.

33. VENDOR REGISTRATION: All vendors (new, current or potential) must register with our Vendor

Registration system through Bidnet at the following link.

Remainder of page intentionally left blank.

FEDERAL U.G. CONTRACT PROVISIONS (as applicable, signature needed below)

1. REMEDIES. The City shall have the right to declare default of the contract for breach by the Contractor of any material term or condition of the contract as determined by the City. Material breach by the Contractor shall include, but specifically shall not be limited to failure to begin work under the contract within the time specified; failure to provide workmen, equipment, or materials adequate to perform the work in conformity with the contract by the completion date; unsatisfactory performance of the work; refusal or failure to replace defective work; failure to maintain satisfactory work progress; failure to comply with equal employment opportunity contract requirements;

insolvency or bankruptcy, or any act of insolvency or bankruptcy; failure to satisfy any final judgment within 10 calendar days after entry thereof; and making an assignment for benefit of creditors.

2. TERMINATION FOR CAUSE AND CONVENIENCE. The City may terminate this Contract at any time at its complete discretion upon thirty (30) calendar days’ notice in writing from the City to Contractor prior to the date of termination. In addition, all finished or unfinished documents and other materials produced by Contractor pursuant to this Contract shall, at the request of the City be turned over to it and become its property. If the Contract is terminated by the City in accordance with this section, the City will pay Contractor at the rate and agreed upon for all services performed as of the date of termination.

3. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

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

e. The contractor will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the

Secretary of Labor.

f. The contractor will furnish all information and reports required by Executive

Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the

Secretary of Labor, or as otherwise provided by law.

h. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order

11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=26&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of

September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT. Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in compliance with the

Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40

U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the

Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT. Compliance with the Copeland “Anti -Kick back” Act

a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §

3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

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

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=22edf9acbb0b836eba994727b86adedf&term_occur=16&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Compliance with the Contract Work Hours and Safety Standards Act.

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the

United States (in the case of work done under contract for the District of

Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of

$26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

c. Withholding for unpaid wages and liquidated damages. The City of Wilson shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract

Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.

a. Applicability. This requirement applies to “funding agreements,” but it does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire

Management Assistance Grant Program, Crisis Counseling Assistance and

Training Grant Program, Disaster Case Management Grant Program, and

Federal Assistance to Individuals and Households – Other Needs Assistance

Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

b. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines

“funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.

Clean Air Act

a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §

7401 et seq.

b. The contractor agrees to report each violation to the City of Wilson and understands and agrees that the City of Wilson will, in turn, report each violation as required to assure notification to the Federal Emergency

Management Agency, and the appropriate Environmental Protection Agency

Regional Office.

c. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

d. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

e. The contractor agrees to report each violation to the City of Wilson and understands and agrees that the City of Wilson will, in turn, report each violation as required to assure notification to the Federal Emergency

Management Agency, and the appropriate Environmental Protection Agency

Regional Office.

f. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION.

a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2

C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

b. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.

3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by the City of

Wilson. If it is later determined that the contractor did not comply with 2 C.F.R.

pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City of Wilson, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.

180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above 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. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING

LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

a. 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.

b. 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.

c. 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 fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies 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. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

11. PROCUREMENT OF RECOVERED MATERIALS.

a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

• Competitively within a timeframe providing for compliance with the contract performance schedule;

• Meeting contract performance requirements; or

• At a reasonable price.

b. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive - procurement-guideline-cpg program.

c. The Contractor also agrees to comply with all other applicable requirements of

Section 6002 of the Solid Waste Disposal Act.

12. DOMESTIC PREFERENCES FOR PROCUREMENT

The contractor shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.

13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

The products and services supplied and or provided meet the conditions of 2 CFR part 200.216, which prohibits use of certain telecommunications and video surveillances services or equipment.

The below acknowledges and agrees to conform to Federal U.G. contract provisions as applicable:

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Identification of HUB Certified/ Minority Business Participation

I, (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services.

Firm Name, Address and Phone # Work Type *Minority **HUB

Category Certified (Y/N)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

Attach to bid

REFERENCES

COMPANY NAME________________________________________________

Provide three references for our records (preferably other governmental units):

Firm: ___________________________________________________________

Contact Name: ___________________________________________________

Phone Number: __________________________________________________

EXECUTION OF PROPOSAL

By submitting this proposal, the potential vendor/firm certifies the following:

• This proposal is signed by an authorized representative of the company.

• The vendor/firm has read and understands the terms and conditions set forth in this RFP for services to include any addenda and all attached exhibits and agrees to them with no exceptions.

Signature: _________________________________________________________________

Printed Name: ______________________________________________________________

Date: _________________________________

E-mail Address: ______________________________________________________________

---------------------------------City of Wilson – countersignature for execution of contract -------------------------

Name: _______________________________________________________

Signature: ____________________________________________________

Date: ________________________________________________________