Greenville Aquatics _ Fitness Center Janitorial Services.pdf

COG DOC #26-27-07 1

INVITATION TO BID

BID # 26-27-07

GREENVILLE AQUATICS & FITNESS CENTER

JANITORIAL SERVICES

CITY OF GREENVILLE, NORTH CAROLINA

Mandatory Pre-Bid Meeting: October 5th, 2026 at 10:00 am Greenville Aquatics & Fitness Center 921 Staton Road, Greenville, NC

Bid Due Date: October 28th, 2026 at 2:00 pm Jaycee Park 2000 Cedar Lane, Greenville, NC

Contact Persons:

Questions regarding the bid package: Questions regarding the specifications:

Wanda House Jacob Edwards Financial Services Manager Parks Facilities Manager Telephone: 252-329-4862 Telephone: 252-329-4554 Fax: 252-329-4464 Email:whouse@greenvillenc.gov Email: jwedwards@greenvillenc.gov

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CITY OF GREENVILLE

ADVERTISEMENT FOR BIDS

“CITY OF GREENVILLE RECREATION AND PARKS DEPARTMENT GAFC

JANITORIAL SERVICES”

The City of Greenville, NC is requesting bids for the “Greenville Aquatics & Fitness Center and Greenville Aquatics Outdoor Center” as listed below. The scope of work will include litter removal, general and specialized cleaning and restocking.

Janitorial Services for:

*Contractors can clean during non-operation hours of our facility.

• Greenville Aquatics & Fitness Center, 921 Staton Road, Greenville, NC. 7 Days a Week.

Facility Hours

• Monday-Thursday 5:30 am-8:00 pm

• Friday 5:30 am-7:00 pm

• Saturday 8:00 am-3:00 pm

• Sunday 1:00 pm-6:00 pm

*GAFC does have programs during non-operational hours, but cleaning can happen during these programs

• Greenville Outdoor Aquatics Center, 400 W. Nash Street, Greenville, NC. Only

Monday and Friday nights.

Facility Hours

• Monday 8am-2pm

• Friday 8:00am-6:00pm

Sealed bids will be received by the City of Greenville until Wednesday, October 28, 2026 at 2:00 pm at the Jaycee Park, 2000 Cedar Lane, Greenville, NC 27858-7207 with the Company Name, Attention: Jacob Edwards Parks Facilities Manager, and the words City of Greenville Recreation and Parks Janitorial Services Bid written on the outside of the sealed envelope. All bids will be marked with the date and time they are received by reception staff. Bids will not be opened and read aloud at this time but will be reviewed and contracts will be awarded at a later date.

A Mandatory Pre-bid meeting will be held at Greenville Aquatics & Fitness Center, 921 Staton Road, Greenville, NC at 10:00AM. Site visits to follow the pre-bid meeting. An additional site visit for pre-bid attendees will be available by appointment at 9:00AM on Friday, Oct 16, 2026.

Please contact Jacob Edwards, Parks Facilities Manager, to schedule this appointment. The City of Greenville reserves the right to reject any or all bids, waive any informality, and award contracts that appear to be in the City’s best interest. The right is reserved to hold any or all bids for a period of ninety (90) days from the bid opening thereof.

From the date of this advertisement until the date and time the proposals are due, the specifications of the proposed work and/or a complete description of the apparatus, supplies, COG DOC #26-27-07 3 materials or equipment are, and will continue to be on file, in the office of the City of Greenville Financial Services Manager, 201 W. Fifth Street, Greenville, NC, or at the Jaycee Park, 2000 Cedar Lane, Greenville N.C., during regular business hours, and available to prospective bidders. Inquiries regarding the bidding process or documents should be directed to the Financial Services Manager at whouse@greenvillenc.gov or by telephone (252) 329-4862.

Wanda House, Financial Services Manager City of Greenville P O Box 7207 Greenville, NC 27835-7207

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INSTRUCTIONS TO CONTRACTORS

Proposal to Provide

GAFC Janitorial Service Location: Greenville N.C.

1. Contractor is to provide verification to the City that the company’s employees are covered under workers’ compensation insurance coverage prior to beginning work on this contract.

2. It is expressly understood by the contractor offering a proposal after a written notice of award by the City, a written contract or purchase order will be required to be executed, and will serve together with this proposal, these instructions, and any detailed specifications as the entire form of contract between the parties.

3. Each Contractor submitting a proposal is affirming that no official or employee of the City is directly or indirectly interested in this proposal for any reason of personal gain.

4. Sales taxes may be listed on the proposal, but as a separate item. No charge will be allowed for Federal Excise and Transportation Tax from which the City is exempt.

5. Questions regarding the specifications or areas for City of Greenville GAFC

Janitorial Services Contract shall be directed by email to Jacob Edwards, Parks Facilities Manager at jwedwards@greenvillenc.gov.

6. By submitting a proposal for the Contractor to provide City of Greenville GAFC

Janitorial Services, the Contractor attests that it is in compliance with all items listed in the bid/proposal instructions. Further, the Contractor attests that the City of Greenville accepts no responsibility for any injuries to the firm’s employees while on City property performing their duties.

7. Contractor must comply with all local, state, federal laws, and ordinances governing said work including the current Occupational, Safety, and Health regulations.

8. It is expected that this contract will begin November 30th. However, such starting date is subject to change based on time needed to finalize the contract, or the approval/signature process, or other reasons.

9. No work will be performed at any time without proper supervision. Supervisors name and direct contact information must be provided to Jacob Edwards, Parks Facilities Manager at jwedwards@greenvillenc.gov.

10. The Contractor shall accompany a designated representative(s) of the City on inspections of work at any time during the contract period. The City reserves the

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right to make determinations as to whether service is performed satisfactorily.

Deficiencies in work performance must be corrected immediately.

11. The City reserves the right to add or delete similar items/services specified in the proposal as requirements change during the period of the contract. Prices for items/services to be added or deleted from contract will be mutually agreed upon by the City of Greenville and the Contractor. A contract amendment will be issued for each addition or deletion.

12. The Contractor shall not have the right to subcontract any part of its obligations and service requirements without the prior written authorization of the City. This authorization may be given by the City Manager or designee. If any part of this work under this agreement is sublet, the subcontractor shall be required to meet all insurance requirements set forth in the Agreement. The parties stipulate that the Company will maintain each type of insurance set forth in the Agreement at a coverage equal to the amount set forth for each type of insurance. However, nothing contained herein shall relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor.

13. The Contractor shall maintain a copy, and provide the City a copy, of Safety Data

Sheets (SDS) for all chemicals used in this janitorial contract. An updated copy shall also be provided at all locations. All bottles with cleaning products are to be properly labeled and cleaning equipment shall be maintained properly.

14. The use of smoking materials and tobacco products is prohibited in City of

Greenville buildings.

15. The Contractor shall be responsible for any lost keys, card keys and inherent damages (ex. Re-keying of facility). This cost shall be withheld from payment(s).

16. The Contractor’s employees are not to be accompanied in their work areas on the premises by acquaintances, family members, assistants or any other person unless said person is an authorized working Contractor employee.

17. The Contractor shall furnish all labor, cleaning supplies, rags and equipment necessary to perform the services. The City will provide materials for the City’s use to include toilet paper, paper towels, trash can liners, soap for the dispensers, surface disinfectant, window cleaner, and degreaser.

18. The Contractor shall not prop any exterior doors open while inside cleaning and must maintain security at all times and set facility alarms when leaving.

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GAFC SPECIFICATIONS FOR

CITY OF GREENVILLE JANITORIAL SERVICES

1.0 SCOPE:

1.1 The scope of work shall include litter removal, general and specialized cleaning and restocking for this contract. Completed scope of work are listed as on pages 6-7.

1.2 The total bid amount per building shall be included on the Request for Bid sheet as indicated.

2.0 GENERAL:

2.1 Areas of work are to be started and completed within a week period (Monday-Sunday).

2.2 All janitorial services shall be completed in a professional manner and shall conform to these specifications. The City reserves the right to make determinations as to whether service is performed satisfactorily. Deficiencies in work performance must be corrected immediately.

2.3 Failure of the contractor to meet or perform work to these specifications as determined by the City Manager or designee shall warrant written notice to the contractor specifying areas of nonperformance or unacceptable performance and the contractor shall have ten (10) days to rectify.

Immediate cancellation of the contract or purchase order may occur if performance is not rectified in ten (10) days.

1.4 Within seven (7) days of notice to proceed, the contractor must be prepared to begin work on the awarded sites.

3.0 JANITORIAL SERVICES: AT ALL LOCATIONS

Each Service day:

3.1 Trash and recycling containers will be emptied and returned to their original locations.

Plastic liners will be installed at least once per week. All trash will be taken to the dumpsters located in the side parking lots.

3.2 Sweep and/or dust mop all floor surfaces

3.3 Vacuum all carpeted areas

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3.4 Dust telephones, desks, chairs, tables, counters, filing cabinets and other office furniture

3.5 Dust all ledges and other flat surfaces nine (9) feet in height and lower

3.6 Remove fingerprints from woodwork, walls, entrance doors and partitions

3.7 Clean restrooms, shower fixtures and disinfect all sinks, toilets, urinals, fixtures, mirrors, baby changing stations and privacy partitions within each restroom

3.8 Disinfect bathroom floors by mopping

3.9 Clean and refill all restroom dispensers from stock

3.10 Wash restroom walls, shower curtains and scrub floors around urinals to remove stains from the tile and grout

3.11 Wash and disinfect all drinking fountains

3.12 Sweep and/or dust stairs, landings, handrails and baseboards

3.13 Clean exterior entrances, lobbies and entrance mats

3.14 Wash exterior and interior of entrance glass doors

3.15 Keep janitor closets clean and orderly

3.16 Leave only designated night lights on

3.17 Check windows and doors upon completion of work. Make sure buildings are secure before leaving the premises. *Do not prop exterior doors open at any time for any reason(s).* SET ALARM SYSTEM BEFORE LEAVING.

3.18 Spot clean carpet as necessary

3.19 Clean and disinfect all kitchen and break room sinks and fixtures

3.20 Clean all mirrors

One Service day per week:

3.21 Clean and sanitize all indoor furniture

3.22 Wash all door frames

3.23 All horizontal handrails must be wiped down, disinfected and polished

3.24 Clean and polish all bright metal

3.25 Clean interior glass windows in all offices and inside of exterior glass

3.26 Mop/Sanitize all non-carpeted floors

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One Service day per month:

3.27 Clean and sanitize all wastebasket containers

3.28 Dust or vacuum air grills

3.29 Clean inside of exterior glass that is within nine (9) feet and lower

3.30 Deep clean all Shower stalls to remove hard water stains and mold

3.31 Clean all baseboards throughout each building

Note: The Contractor shall be required to submit a maintenance plan in writing via email to Jacob Edwards at jwedwards@greenvillenc.gov by the 20th of each month for the upcoming month. The City will respond with any questions, comments or concerns prior to the end of the month the maintenance plan is submitted. The maintenance plan must have the following components at a minimum:

• Daily, Weekly, and Monthly tasks, as well as the previous month’s completed tasks

4.0 PAYMENT AND BID:

4.1 The attached bid sheet details the bid entries required. Each contract bid sheet line item shall be filled in as directed.

4.2 The contract period will be from approximately November 30, 2026, to

November 30, 2027. The City reserves the right to extend the contract annually for up to a total of two (2) additional years if the City and Contractor agree in writing. Upon successful completion of year one (1) of this contract, per specifications and directives, and at the written request by the Contractor at least 30 days prior to the renewal date of this contract, the Contractor may be eligible for a 3% annual increase for year two (2) and year three (3). Each request MUST be in writing and submitted at least 30 days prior to the contract renewal date for each year of the request in order to receive the 3% increase. This request for increase will be reviewed and approved by the City Manager (or their Designee) and the Contractor will be notified in writing of these changes.

4.3 Payment will be made by the City to the contractor on a monthly basis for the work completed within the previous month. The invoice is expected prior to the 10th of each month. The City will render payment within thirty days of receipt of an approved invoice.

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4.4 Bidders will comply with all local, state, and federal laws, and any ordinances governing said work, including the current Occupational Safety and Health regulations.

4.5 By submitting a proposal, the firm is attesting that they are an Equal

Opportunity Employer.

4.6 The City of Greenville has adopted an Affirmative Action Program. Firms submitting a proposal are attesting that they also have taken affirmative action to ensure equality of opportunity in all aspects of employment.

4.8 Equal Employment Opportunity Clause

The City of Greenville, NC is an equal opportunity employer and strictly prohibits discrimination against any employee or applicant for employment because of the individual’s race, color, religion, age, gender, disability, national origin, genetic information, sexual orientation, gender identity/reassignment or expression, military or veteran status, marital status, or any characteristic protected by applicable law. By submitting qualifications and/or proposals, the firm is attesting that they are an Equal Opportunity Employer.

Federal law (Rehabilitation Act and ADA) prohibits discrimination against handicapped individuals by all governmental units. By submitting a proposal, the vendor is attesting to its policy of nondiscrimination regarding the handicapped.

TITLE VI NONDISCRIMINATION NOTIFICATION:

The City of Greenville, NC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby 1178814- v4 7 notifies all respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. See Attachment A for more information.

4.9 The City of Greenville reserves the right to award the Firm who will best serve the interests of the City. The City also reserves the right to waive minor variations in the specifications and in the bidding process, as well as to accept in whole or in part such proposal(s) where it deems it advisable in protection of the best interests of the City. The City further reserves the right to accept or reject any or all bids/proposals, and to award or not award a contract based on this proposal.

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4.10 Contractor must complete a new Vendor self-service profile, or update existing Vendor profile, and any other associated documents as required upon acceptance of this janitorial contract at the following web address:

https://cityofgreenvillenc.munisselfservice.com/vss.

5.0 WORKERS’ COMPENSATION AND INSURANCE:

5.1 The Contractor shall maintain during the life of this contract, Worker’s Compensation Insurance for all employees working at the project site under this contract, or as otherwise required by North Carolina General Statutes.

5.2 The Contractor shall have in place for the life of this contract public liability and property damage insurance and shall protect the City of Greenville from claims for damage or personal injury, which may arise from operations under this contract. The amounts of such insurance shall not be less than $1,000,000 for injuries subject to the same limit per person and $1,000,000 for property damage or otherwise needed to protect the interests of the owner. The Contractor awarded this contract is to provide prior to beginning work, a Certificate of Insurance showing the City of Greenville named as an additional insured on all coverage. Certificate of Insurance must be emailed to Jacob Edwards, Parks Facilities Manager at jwedwards@greenvillenc.gov and be maintained on file during the contract period. All insurance must be maintained during the duration of the contract.

5.3 The Contractor shall furnish such additional insurance as may be required by the General Statues of North Carolina, including motor vehicle insurance in amounts not less than statutory limits.

5.4 Each certificate of insurance shall bear the provision that the policy cannot be altered or canceled in less than ten (10) days after mailing written notice to the assured of such alteration or cancellation, sent by registered mail.

5.5 The Contractor shall furnish the Owner with satisfactory proof of insurance required before beginning work on this contract. Executed contract documents, insurance certifications, invoices and other information requested are to be sent to:

Jacob Ewards Parks Facilities Manager

City of Greenville Parks Maintenance Center 101 Hooker Road Greenville, N.C. 27834 Email: jwedwards@greenvillenc.gov

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6.0 DAMAGE TO CONTRACTORS’ PROPERTY:

6.1 Should fire, theft, vandalism or other casualty, damage or destroy the equipment or property belonging to the Contractor while on City property, the City shall be under no obligation to replace or in any way compensate the contractor for said property.

6.2 The successful bidder agrees to indemnify or hold harmless the City from and against any liability, loss, cost, damage suit, claim, or expense arising occurrence on the part of the successful bidder to include its officers, servants, agents or employees arising from its activities, operations, and performance of services while on City property and further agrees to release and discharge City and its Agents from all claims or liabilities arising from or caused by the successful bidder in fulfilling its obligations under this Agreement.

6.3 It is understood and agreed by the parties that City will assume no liability for damages, injury, or other loss to the successful bidder, its employees or property, tools or equipment, or to other persons or properties located on City facilities resulting from the successful bidder’s activities and operations while performing those services enumerated herein.

7.0 AMENDMENTS, ADDENDA, OR QUESTIONS:

7.1 Addendum: Any changes to the specifications will be issued as a written addendum. No oral statements, explanations, or commitments by whosoever shall be of any effect. Any issued addenda will be posted on the City’s bid advertisement site Bid Postings • Greenville, NC • CivicEngage. The prospective contractor must acknowledge reading each addendum on the bid sheet.

7.2 Amendment: The contract may be amended from time to time through written agreement by both parties.

7.3 Any questions regarding these bid specifications must be sent by email to jwedwards@greenvillenc.gov.

7.4 Schedule for questions and addenda:

Last date to submit a question: Monday, October 19th, 2026 by 3:00 p.m.

Questions will be answered via addenda posted on the City’s website by:

Wednesday, October 21, 2026 by 5 p.m.

8.0 LOCAL PREFERENCE AND SERVICE POLICIES:

8.1 The City of Greenville has adopted a Local Preference Policy, Resolution No. 056- 13, and a Professional and other Services Policy, Resolution No. 057-13 that will pertain to this project. For more information, please see on the City of Greenville’s webpage Purchasing | Greenville, NC.

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9.0 E-VERIFY COMPLIANCE:

9.1 The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a Subcontractor, the Contractor shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The Contractor represents that the Contractor and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

9.2 BIDDER acknowledges that compliance with the requirements of Article 2 of

Chapter 64 of the North Carolina General Statutes is required by the Contractor and its Subcontractors by North Carolina law and the provisions of the Contract Documents. The BIDDER represents that the BIDDER and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Article 2 of Chapter 64 of the North Carolina General Statutes requires employers, that transact business in the State of North Carolina and employ 25 or more employees in the State of North Carolina, to electronically verify the legal employment status of an employee through the federal E-Verify program after hiring the employee to work in the State of North Carolina.

10.0 IRAN DIVESTMENT ACT:

10.1 Vendor certifies that it is not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. The vendor will not utilize on the contract any subcontractor that is listed on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58.

11.0 NON-DISCRIMINATION:

11.1 The City of Greenville does not discriminate on the basis of race, color, sex, national origin, religion, age or disability. Any contractors or vendors who provide services, programs or goods to the City are expected to fully comply with the City’s non-discrimination policy.

12.0 NON-COLLUSION:

12.1 Respondents, by submitting a signed proposal, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under North Carolina or United States law.

13.0 FEDERAL LAW:

13.1 Federal law (Rehabilitation Act and ADA) prohibits handicapped discrimination by all governmental units. By submitting a proposal, the vendor is attesting to its policy of nondiscrimination regarding the handicapped.

14.0 WITHDRAWAL OF PROPOSALS:

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14.1 No bid/proposal may be changed or withdrawn after the stated time and date for submittal. Bids/proposals submitted shall be binding for ninety (90) days after the date of submittal.

15.0 REFERENCE INFORMATION:

15.1 All bidders must provide a list of three (3) client references of similar facilities cleaned or other related janitorial projects. The reference information must include the company’s name, a contact person’s name with his or her title and their telephone number. Please provide the information on the “Contractor Reference Information” sheet and attach with the bid sheet.

16.0 CONTRACTOR INFORMATION:

16.1 Please provide the information on the “Contractor Data Form” and attach with the bid sheet. All information should be accurate and detailed in description.

*Note: All VCT floors will receive only a damp mop and water when mopping floors. No chemicals are to be used on any VCT floor at any location.

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Contractor Reference Information

1. Company name: ________________________________________________

Contact person: ________________________________________________

Title: _______________________ Phone No. _________________________

2. Company name:_________________________________________________

Contact person: _________________________________________________

3. Company name: ________________________________________________

Contact person: ________________________________________________

**Include with bid package**

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Contractor Data Form

Company Name: _______________________________________________________________

Address: _____________________________________________________________________

Phone Number: _________________ Mobile Phone Number: ______________________

Company Owner: ________________ Company Owner Phone Number: ________________

Authorized Company Representative submitting bid: ________________________________

Title: _________________________

Phone Number of Authorized Representative: ______________________

Email: __________________________

Description of equipment and performance plan you plan to utilize to perform this contract. Also include the number of employees you plan to utilize to complete this contract. Attach additional sheet or continue on back if needed.

**Include with bid package*

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REQUEST FOR BIDS

In compliance with the request for bids by the City of Greenville and subject to all conditions and specifications thereof, the undersigned offers and agrees to furnish all equipment and labor as provided in the above-mentioned specifications.

Description Bid

A. Greenville Aquatics and Fitness Center bid per Month ______________________

B. Greenville Outdoor Aquatic Center ______________________

Addendum Acknowledgement:

Please record each Addendum Number Received: ______________________

*Note: Calculation for Total Bid per Month (A+B) ______________________

Please provide a breakout price for:

1. All non-carpeted floors are to be machine scrubbed and appropriate wax or floor treatment reapplied _____________________

Company Name: ___________________________________________

Signed: ___________________________________________________

Print Name: ________________________________________________

Title: _____________________________________________________

Date: _____________________________________________________

**Include with bid package**

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STATE OF NORTH CAROLINA

AFFIDAVIT

I, ____________________________ (the individual attesting below), being duly authorized by and on behalf of

________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States

Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with

NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No)

a. YES _____, or

b. NO _____

4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project

Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 20__.

Signature of Affiant Print or Type Name: _________________________

State of North Carolina City of Greenville

Signed and sworn to (or affirmed) before me, this the_____

Day of ________________, 20__.

My Commission Expires:

Notary Public

(A ffix O fficial/N otarial Seal)

**Include with bid package*

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Title VI of the Civil Rights Act of 1964 Nondiscrimination Provisions, Appendices A & E.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, sex, age, creed (religion), low-income, limited English proficiency, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the USDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the USDOT, as appropriate, and will set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:

(a) withholding payments to the contractor under the contract until the contractor complies;

and/or

(b) cancelling, terminating, or suspending a contract, in whole or in part.

(6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

I. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

ATTACHMENT A

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Pertinent Nondiscrimination Authorities

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq);

• Federal transit laws, specifically 49 U.S.C. § 5332 (prohibiting discrimination based on race, color, religion, national origin, sex (including gender identity), disability, age, employment, or business opportunity).