RFP - 2025 Fleming Loop Park Turfgrass Renovation Project.pdf

2025 Fleming Loop Park Turfgrass RFP

Town of Fuquay-Varina

North Carolina

Request for Proposal (RFP)

2025 Fleming Loop Park Turfgrass Renovation Project

503 Fleming Loop Road

Fuquay-Varina, NC 27526

Date of Issue: Tuesday, June 10, 2025

Proposals Due: Friday, June 27, 2025 at 2:00 PM EST

BIDS WILL BE ACCEPTED UNTIL:

FRIDAY JUNE 27, 2025 BY 2:00 PM (EST)

Bids should be addressed to:

Town of Fuquay-Varina – Procurement Division

Attn: Jonathan Cox

Town Hall

134 N. Main Street

Fuquay-Varina, NC 27526

Hand-Deliver or Mail to: 134 N. Main Street, Fuquay-Varina, NC 27526 or

Email to: Jonathan Cox at JCox@fuquay-Varina.org

The responsibility for submitting a response to this RFP to Town of Fuquay-Varina

Procurement Division on or before the stipulated time and date will be solely and strictly the responsibility of the bidder.

Any bids received after stipulated time and date will not be accepted, nor opened, and will be returned. The time stamp located in the Procurement Division shall be the official time of receipt.

mailto:JCox@fuquay-Varina.org

KEY INFORMATION SUMMARY SHEET

Request for Proposals

2025 Fleming Loop Park Turfgrass Renovation Project

RFP Issue Date: Tuesday, June 10, 2025

Mailing address to submit proposals: Town of Fuquay-Varina

Parks, Recreation & Cultural Resources

Attn: Jonathan Cox, Parks, Recreation & Cultural Resources

Director

134 N Main Street

Fuquay-Varina, NC 27526

Proposals may be emailed to: Jonathan Cox at JCox@Fuquay-Varina.org

Site Visit: Date: Tuesday, June 19, 2025

Time: By appointment only between 8:00 AM and 3:00 PM

Deadline for Written Questions: Date: Wednesday, June 20, 2025 by 10:00 AM (EST)

Time: 2:00 PM

Proposal Due Date: Date: Friday, June 27, 2025

Time: No later than 2:00 PM (EST)

If you have received this Request for Proposal from a source other than the

Town of Fuquay-Varina, it is the responsibility of the proposer to ensure that all addenda have been received. Bidders can notify Tiffany Marchman by email at tmarchman@fuquay-varina.org to ensure that your company is added to the distribution list.

However, it is still the responsibility of the proposer to ensure that all addenda are received prior to submitting a bid/proposal.

mailto:tmarchman@fuquay-varina.org

The 2025 Project consists of the deep tine aeration and top dressing of the 16 acres of playing surface at Fleming Loop Park located at 503 Fleming Loop Road Fuquay-Varina, NC 27526.

Proposed work to be performed by contractor includes:

a) Providing equipment and materials to complete the installation in compliance with all requirements of this project.

b) Sweep the cores and relocate waste onsite.

c) Top-dress fields with a minimum ½" of double washed sand.

d) Deep-tine aerator must be PTO driven.

e) Tine depth capability of 10” or more, with a minimum of ½ diameter, no more than 6” apart.

Other project responsibilities of the contractor include:

a) Complying with Town Standards and all contract requirements

b) Providing and maintaining a project schedule for the performance of all required project work, including all material acquisition and delivery.

c) All irrigation heads and valve boxes in the project area must be flagged before deep tine aeration starts. Any irrigation damaged during this project must be repaired by the contractor. The Town will provide access to irrigation controls.

d) All bids exceeding $40,000 dollars will require the bidder to have a North Carolina General

Contractors License or NC Landscape Contractor License and provide a copy with the bid submittal.

e) All materials, hardware, tools, and power shall be furnished by the Contractor in order to complete this project with turnkey workmanship.

f) Any damages caused by the Contractor shall be the Contractor’s responsibility to fix or replace at the

Town’s discretion.

g) The Contractor shall field verify all measurements and details.

h) Time is of the essence; contractor will have 30 days to complete the project once the NTP has been issued by the Town.

Other project responsibilities of the contractor include:

a) Complying with Town Standards and all contract requirements

b) Providing and maintaining project schedule for performance of all required project work, including all material acquisition and delivery and permitting and inspection requirements

c) Contacting North Carolina 811 (NC811) One Call Center not less than 48 hours in advance of any planned excavation and complying with all utility locating and protection requirements. Locations of existing underground utilities have not been investigated and are not shown in plans or exhibits provided by Town.

d) Site visits will be available June 19, 2025 between 8:00 AM – 3:00 PM. Bidders must schedule in advance by contacting Chris Newsome at 919-356-8352. Prospective bidders are urged and cautioned to visit the site of the project and apprise themselves of all conditions which will affect the performance of the work called for or reasonably implied by the RFP. Site visits for this proposal will take place at 503

Fleming Loop Road, Fuquay-Varina, NC.

Submission of a bid shall constitute sufficient evidence of this compliance, and no allowance will be made for unreported conditions, which a prudent bidder would recognize as affecting the performance of the work called for in this invitation for proposals. Visited job site: (yes/no) Date:_____________.

BID FORM

I, (We), the undersigned, after reading and fully understanding the terms, conditions and Scope of Work for the Request for Proposal.

2025 Fleming Loop Park Turfgrass Renovation Project to be completed as specified on Pages 3 and 4.

Materials (Include FOB shipping if applicable) $ ______________

Labor $ ______________

TOTAL COST $ _____________

NOTICE TO BIDDERS: Do not include taxes in your bid pricing. Any and all tax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price. Failure to comply with these conditions will be considered grounds for rejection.

I hereby propose to furnish the goods and/or services specified in the RFP. I agree that my proposal will remain firm a period of up to 90 days in order to allow the Town adequate time to evaluate the bids. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service;

no officer, employee or agent for Town of Fuquay-Varina or any other person(s) interested in said proposal; and that the undersigned executed this Bid with full knowledge and understanding of the matters therein contained and was duly authorized to do so. It is distinctly understood that the Town Board of

Commissioners reserves the right to reject any or all proposals.

COMPANY NAME

FULL ADDRESS

NORTH CAROLINA CONTRACTOR’S LICENSE NUMBER

PHONE: CELL: FAX:

PRINT NAME & TITLE OF PERSON SIGNING: AUTHORIZED SIGNATURE:

EMAIL:

AWARD OF BID

1. Standard for Acceptance of Informal Bid for Award Contract: The Town reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the Town of Fuquay-Varina. The award shall be made to the lowest responsible bidder or bidders taking into consideration, quality, performance and the time specified in the proposal for the performance of the contract.

2. Delivery: All items are to be delivered FOB destination, freight prepaid and allowed to the location provided when ordered. All items are to be delivered safely, or shipped in a protective carton, fully assembled, and serviced ready for operation.

3. Payment Terms: Payment terms of Net 30 days from the date of receipt of invoice will apply to all invoices. Payment term discounts will be allowed for prompt payments but will not be a consideration for award.

4. How to Submit Informal Bids: Informal Bids/Quotes shall be emailed or faxed to the bid agent indicated below.

5. Contact: Any and all questions, concerns, or request for additional information shall be directed to the Town of Fuquay-Varina, to the attention of the contact as indicated below:

Name: Chris Newsom

Title: Assistant Director- Parks, Grounds & Public Buildings

Email: cnewsom@fuquay-varina.org

6. Terms and Conditions: Acceptance of the Town’s Purchase Order includes acceptance of all applicable Terms and Conditions. The Town’s Purchase Order Terms & Conditions are provided below for your information.

PROPOSER’S CERTIFICATION FORM

To Whom It May Concern:

I have carefully examined the Request for Proposal and any other documents accompanying or made a part of this Request for Proposal.

I have reviewed and acknowledge the Addenda, if any, are as follows:

Addendum No. ____ Dated: __________

I certify that all information contained in this proposal is truthful to the best of my knowledge and belief.

I further certify that I am duly authorized to submit this proposal on behalf of the company and that the company is ready, willing and able to perform the services if awarded the contract.

I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same service; no officer employee or agent of the Town of Fuquay-Varina or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

It is distinctly understood that the Town reserves the right to reject any or all proposals.

Name of Firm Federal Tax Identification Number

Authorized Signature Phone

Printed or Typed Name and Title Email

Mailing Address Date

City/State/Zip Code NC Contractor’s License Number

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

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

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package.

The applicant agrees by submitting the proposal that it will include, without modification, the clause titled

“Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier

Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions.

(Seal if Corporation) Signature

Title

Date: _________________________

NOTARIZE

SUBSCRIBED AND SWORN TO BEFORE ME,

This ______ day of ________________________, 20____

NOTARY PUBLIC ____________________________

My Commission Expires: ________________________

CUSTOMER REFERENCES

Please provide, at a minimum, three (3) references in which your company has provided document imaging/scanning and record destruction projects within North Carolina. Please use references of comparable projects and government entities.

Agency/Company Name:

Street Address:

City, State and Zip Code:

Contact Name & Phone Number:

Date Service Provided:

Street Address:

City, State and Zip Code:

Contact Name and Phone Number:

Street Address:

City, State and Zip Code:

Contact Name and Phone Number:

TOWN OF FUQUAY-VARINA, NORTH CAROLINA PURCHASE ORDER FOR GOODS AND PROCUREMENT

CARD STANDARD TERM AND CONDITIONS

In accepting this Purchase Order and procurement card transaction (“Order”), from Town of Fuquay-Varina, North Carolina

(the “Town”), your company (the “Vendor”) acknowledges and agrees to abide by the Terms and Conditions set forth below.

Additional terms and conditions stated on the face of this Purchase Order shall take precedence over any conflicting terms and conditions stated below. Any terms and conditions not stated on the face of this Purchase Order but incorporated by reference therein shall be binding only if provided or signed by the Town and attached hereto. In the event that a binding written contract signed by both the Vendor and the Town exists, the terms and conditions of that contract shall supersede any conflicting terms and conditions below or on the face of this Purchase Order.

By acceptance of the purchase order and procurement card transaction “Order,” from the Town of Fuquay-Varina (referred to as “Town”), the vendor (referred to as the “Vendor”), declares that the supplies, material, equipment, apparatus, or services will be furnished according to the following terms and conditions:

1. ACCEPTANCE: Acceptance of the Purchase Order includes agreeing to all terms, conditions, process, and delivery instructions included in the Town’s solicitation, bid request or as shown on this Purchase Order. If Vendor refuses to accept this purchase order exactly as written, Vendor will return it at once with explanation. Any changes to this Purchase Order will be considered a ‘Change Order’ and requires the written acceptance of both parties to become effective. This will include product or service substitutions, and cost changes. The terms and conditions as stated in this Purchase Order govern in the event of conflict with any terms of Vendor's proposal and are not subject to change by reason of any written or verbal statements by Vendor or by any terms stated in Vendor's acknowledgment unless accepted in writing by the Town.

2. CHANGES: If Vendor refuses to accept this purchase order exactly as written, Vendor will return it at once with an explanation. Any changes to this Purchase Order will be considered a ‘Change Order’ and requires the written acceptance of both parties to become effective. This will include product or service substitutions, cost changes, and delivery schedule changes.

3. PURCHASE ORDER REQUIRED: The Town will not be responsible for any equipment, supplies, and/or services delivered without a Purchase Order and assumes no obligation for products or services shipped or delivered in excess of the quantity ordered. Any unauthorized products or services are subject to the Town’s rejection and shall be returned at the

Vendor’s expense. All packages must bear the correct Purchase Order number on the outside of each package or shipping container.

4. PURCHASE ORDER NUMBER: The purchase order number must appear on all invoices, packing slips, correspondence, and bills of lading.

5. PRICE: All goods and/or services must be billed to the Town at prices and quantities not to exceed those stated on the purchase order. All invoices, packages, shipping notices or the like affecting this order shall contain the applicable purchase order number. All prices are quoted F.O.B. Destination unless specifically indicated otherwise.

6. INVOICES: All invoices are to be mailed to the department listed under the “Send Invoices to” section on the purchase order. Invoices for partial shipments will be accepted and final invoices should indicate completion of order.

7. CASH DISCOUNTS: All cash discounts will be effective from the date of actual receipt of a correct and approved invoice by the ordering department.

8. PAYMENT TERMS: The Town agrees to pay all approved invoices Net Thirty (30) days from the date received and approved. The Town does not agree to the payment of late charges or finance charges assessed by the Vendor for any reason.

Invoices are payable in U.S. funds. Payment does not constitute acceptance. The Town’s failure to accept or reject products shall not relieve Vendor from liability for products that are defective or do not meet specifications. Rejected products shall be returned to Vendor at Vendor’s risk and expense.

9. TAXES: The Town is NOT Sales Tax-Exempt. Prices shown on the Town’s purchase orders do not include tax; however, all applicable taxes shall be paid by the Town. Vendor shall itemize taxes on the vendor’s invoice. It should be noted that the

Town is exempt from Federal Excise Tax except as required to be paid by law.

10. AGREEMENT TERMS: Absent a negotiated contract, this purchase order is limited to the terms and conditions contained on the face and back hereof. Any additional or different terms in the Vendor’s form are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. All delivery of goods and/or services shall conform to specifications, price, terms and conditions as set forth in this instrument. This purchase order including all contracts, references and/or insertions, with the stated terms and conditions thereon shall constitute the complete agreement between the Town and the Vendor. The terms and conditions of this order shall not be modified by any verbal understanding and shall only be binding if agreed to in writing by the Town.

11. DELIVERY/ACCEPTANCE OF GOODS: All quotations are solicited on a delivered price basis. When the Town accepts a quotation not including all shipping charges, your claim for reimbursement must be itemized on the invoice and supported with a copy of the original freight bill. The packing list shall be enclosed in each box or package. All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. All deliveries on this order must be in full accordance with specifications, properly identified with the purchase order number and must not exceed the quantities specified. The Town shall have the right to inspect and test all items supplied under the order before making acceptance. Risk of loss and title to all goods received shall remain with the Vendor until the Town has made acceptance. Rejected goods shall be returned to the Vendor at Vendor’s risk and expense. Payment for supplies shall not constitute acceptance and is without prejudice to claims that the Town may have against the Vendor.

12. HAZARDOUS CHEMICALS: The Vendor shall ensure that each container of a hazardous chemical is labeled, tagged or marked with information required by OSHA’s Hazard Communication Standard, Department of Transportation requirements, and any applicable EPA requirements.

13. MATERIAL SAFETY DATA SHEETS (MSDS): The Vendor shall ensure that the Town is provided an appropriate current MSDS with or prior to the initial shipment of a hazardous chemical, and with or prior to the first shipment after the

MSDS is updated.

14. REIMBURSEMENT TO THE TOWN: The Vendor shall be responsible for the proper custody and care of any property furnished or purchased by the Town for use in connection with the performance of this Purchase Order and will reimburse the

Town for the replacement value of its loss or damage.

15. WARRANTY: The Vendor expressly warrants that goods, covered by this order will conform to the specifications, drawings, or samples furnished by the Town and shall be free from defects in material and/or workmanship and shall be merchantable. This warranty shall survive any inspection, delivery acceptance, or payment by the Town. The Vendor also warrants that the goods do not infringe any patent, registered trademark or copyright and agrees to hold the Town harmless in the event of any infringement or claim thereof. Additionally, Vendor warrants that the goods are free and clear of all liens and encumbrances and that Vendor has a good and marketable title to the same.

16. VENDOR FAILURE TO DELIVER: In the event of Vendor’s failure to deliver as and when specified, or to perform as and when specified, the Town reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and Vendor agrees that the Town may return part of any shipment so made and may charge Vendor with any loss expense sustained as a result of such failure to deliver or perform.

17. SERVICES PERFORMED: All services rendered under this agreement will be performed at the Vendor’s own risk and the Vendor expressly agrees to indemnify and hold harmless the Town, its officers, agents, and employees from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of any kind or nature whatsoever by or to any and all persons or property.

18. VERBAL AGREEMENT: The Town will not be bound by any verbal agreements.

19. CANCELLATION: The Town reserves the right to cancel this order, or any part thereof, at any time without penalty.

Such cancellation may be based upon failure of the Vendor to comply with the terms and conditions of this transaction, failure to perform the work with promptness and diligence, failure to make shipment within the time specified or for any other reason which causes the Vendor not to perform as agreed. The Town reserves the right to cancel or otherwise rescind a

Purchase Order based on the Town’s best interest.

20. INDEPENDENT CONTRACTOR: It is mutually understood and agreed the Vendor is an independent contractor and not an agent of the Town, and as such, Vendor, his or her agents and employees shall not be entitled to any Town employment benefits, such as but not limited to vacation, sick leave, insurance, worker’s compensation, pension or retirement benefits.

21. ASSIGNMENT: Neither this Purchase Order nor any interest therein nor shall any claim arising hereunder be transferred or assigned by Vendor without the prior written consent of the Town. Vendor may transfer or assign the benefits of this agreement, in whole or in part, including without limitation the Town’s warranty, without the approval of Town.

22. INDEMIFICATION – INFRINGEMENT: Vendor will defend, indemnify, and save the Town harmless from any and all loss, damages, costs, fees, and expenses incurred on account of any and all claims, suits, or judgments alleging that any product or service provided under this purchase order violates any patent, copyright, trade secret, trade name, or any other intellectual property right of any nature.

23. INDEMNIFICATION – DAMAGES: If any product provided hereunder is defective in any respect whatsoever, Vendor will defend, indemnify, and save Town harmless from all loss, damages, costs, fees, and expenses incurred by reason of such defect, including without limitation all liability arising from any accidents, injuries, or damages to persons or property that may result in whole or in part from such product.

24. INDEMNIFICATION – CONSEQUENCES OF ACTIONS: If Vendor performs services or constructs, erects, inspects, or delivers hereunder, Vendor will indemnify and save harmless the Town from all loss, damages, costs, fees, or expenses incurred in connection with any accidents, injuries, or damages to persons or property that may result in whole or in part from the performance thereof.

25. INTELLECTUAL PROPERTY: All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this purchase order shall be the property of the Town.

26. USE OF TOWN NAME OR LOGO: Vendor agrees not to release any advertising or other materials using the Town’s trademark, quoting the opinion of any Town employee or implying in any way that the Town indorses Vendor or its products or services.

27. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Except at otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Purchase Order, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Purchase Order must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Purchase Order by this provision.

28. APPLICABLE LAWS: By acceptance of this order, Vendor represents that the goods covered by this order are in full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the Town against any loss, cost, liability or damage by reason of Vendor’s violation of any laws.

29. GOVERNING LAW: All terms and conditions shall be interpreted in accordance with the laws of the State of North

Carolina. Any legal actions arising from default of this contract shall be brought only in the County of Wake, State of North

Carolina.

30. NON-DISCRIMINATION: The Town 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 Town are expected to fully comply with the Town’s non-discrimination policies.

31. E-VERIFY: By acceptance and delivery of the goods pursuant to this purchase order, Vendor certifies that it currently complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and that at all times during the term of this Agreement, it will continue to comply with these requirements. Vendor also certifies that it will require that all of its subcontractors that perform any work pursuant to this Agreement to comply with the requirements of Article 2 of

Chapter 64 of the North Carolina General Statutes. Violation of this section shall be deemed a material breach of this

Agreement.

32. PUBLIC RECORD: Pursuant to the North Carolina Public Records Act, trade secrets or confidential information as defined by the North Carolina Public Records Act that are identified as such prior to disclosure to the Town is not public information and will not be released to the public by the Town. The Town will notify Vendor of any public records request for any confidential commercial or financial information, trade secrets, or proprietary information which Proposer has previously marked “Confidential”, and if Vendor objects to the disclosure of any of the records responsive to the request, Vendor will notify the Town in writing within forty-eight (48) hours. If so notified, the Town will not disclose the records until ordered to do so by a court of competent jurisdiction, and Vendor will enter an appearance as a party in-interest and defend the Town in any claim, suit, mediation, litigation, or arbitration proceeding concerning the release of the records to which Vendor objected. Vendor will indemnify, save harmless, and pay any and all attorney’s fees incurred by the Town and any attorney’s fees it is ordered to pay to any person(s) or organization(s) as a result of Vendor’s objection to the release of the public records. Vendor will also indemnify, save harmless, and pay any and all claims for damages, court costs, or other fees the Town incurs as a result of Vendor’s objection to the release of the records requested pursuant to the North Carolina

Public Records Act.

33. FEDERAL OR STATE STATUTE: Vendor represents and warrants that no federal or state statute or regulation or municipal ordinance has been or will be violated in the manufacture, sale, or delivery of any product or service sold and delivered hereunder and if such violation has or does occur, Vendor will indemnify and save the Town harmless from all loss, penalties, fees, costs, and expenses resulting in whole or in part from such violation.

34. IRAN DIVESTMENT ACT CERTIFICATION: By acceptance of this Purchase Order and as of the date of this Purchase

Order, Vendor certifies it is not listed on the Final Divestment List created by the State Treasurer pursuant to NCGS 147-

86.58 and that the Vendor will not utilize any subcontractor found on the State Treasurer’s Final Divestment List. All individuals obligated to this Purchase Order on behalf of the Vendor certify that they are authorized by the Vendor to make this certification.

35. GIFTS AND FAVORS: Vendor shall become aware of and comply with laws related to gifts and favors, conflicts of interest and the like, including G.S. §14-234, G.S. §133-1, and G.S. §133-32. 36. COMPANIES BOYCOTTING ISRAEL

DIVESTMENT ACT CERTIFICATION: Vendor certifies that it has not been designated by the North Carolina State

Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.

37. UNIFORM ADMINISTRTIVE REQUIREMENTS FOR FEDERAL FUNDS: If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R § 200.326 and 2 C.F.R Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C 3141-3148) Copeland “Anti-

Kickback” Act (40 U.S.C 3145); Contract Work Hours and Safety Standards Act (40 U.S. C. 3701-3708); Clean Air Act (42

U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.1251-1387); Debarment and Suspension

(Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C 1352); Procurement of Recovered

Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 C.F.R. §200.2324). In addition to printed PO Terms

& Conditions, FEMA contract provisions found in FEMA Contract Provisions Template at the link below apply to purchases, as does ability to terminate due to cause/convenience. (FEMA T&Cs)