1-Contract No. 2026-3 Project Manual.pdf

OWNER:

West Goshen Township

1025 Paoli Pike

West Chester, PA 19380

DATE:

November 2022

CONTRACT DOCUMENTS

Supply and Delivery of Magnetite Contract No. 2026-3: Supply and Delivery of Magnetite

00 01 10 - 1

SUPPLY AND DELIVERY OF MAGNETITE

WEST GOSHEN TOWNSHIP

CONTRACT NO. 2026-3: SUPPLY AND DELIVERY OF MAGNETITE

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS SECTION: PAGES

Procurement and Contract Requirements ADVERTISEMENT FOR BIDS ............................................................................................................... 00 11 13: 2 REQUEST FOR PROPOSALS ................................................................................................................ 00 21 13: 7 BID FORM AND AGREEMENT ............................................................................................................ 00 41 16: 7 NON-COLLUSION AFFIDAVIT ............................................................................................................. 00 45 19: 1 EEO CERTIFICATE .............................................................................................................................. 00 45 36: 1

TABLE OF CONTENTS

00 11 13 - 1

ADVERTISEMENT FOR BIDS

WEST GOSHEN TOWNSHIP

WEST CHESTER, PA

CONTRACT NO. 2026-3: SUPPLY AND DELIVERY OF MAGNETITE

General Notice

Township of West Goshen (Owner) is requesting Bids for the construction of the following Project:

Supply and Delivery of Magnetite

Bids for the Contract will open on Wednesday, November 21, 2025, at 10:00 AM local time.

The Contract includes the following Work:

The Contract generally includes but is not limited to the full service of the supply, delivery, and transportation (supply and delivery) of magnetite (per pound) to the Owner’s Wastewater Treatment Plant (WWTP). The work for this project is to be completed on an “as required” basis to be determined by the Owner.

Bids will be received for the following Contracts:

Contract No. 2026-3: Supply and Delivery of Magnetite

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

https://pennbid.bonfirehub.com/

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. The Owner will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Request for Proposals.

All questions about the meaning or intent of the Bidding Documents are to be submitted via PennBID in accordance with the Request for Proposal. Telephone inquiries are unacceptable.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Request for Proposal that are included in the Bidding Documents.

Statutory Requirements.

Bidders must comply with all State antibid-rigging regulations pertaining to work associated with this project, and will be required to submit an executed non-collusion affidavit with the bid.

Bidders should refer to provisions of federal and state statutes, rules and regulations dealing with the prevention of environmental pollution and preservation of public natural resources that affect the project, 00 11 13 - 2 pursuant to Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved October 26, 1972.

All bids shall be irrevocable for 60 days after the bid opening date as provided by the Act of November 26, 1978 (P.L. 1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142).

All bidders are hereby notified that in regard to any contract pursuant to this advertisement, businesses will be afforded full opportunity to submit bids in response to this notice and will not be subjected to discrimination on the basis of gender, race, color, creed, sex, age, physical disability or national origin in consideration for an award. Similarly, the successful bidder shall in no manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract on account of gender, race, creed or color.

The West Goshen Township reserves the right to waive any defects, errors, omissions, mistakes, informalities, to accept any bid or combination of bids that are deemed to be in the best interest of the West Goshen Township, and to reject any or all proposals.

This Advertisement is issued by:

Owner: West Goshen Township

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REQUEST FOR PROPOSALS

WEST GOSHEN TOWNSHIP

CONTRACT No. 2026-3: SUPPLY AND DELIVERY OF MAGNETITE

The Township of West Goshen (Owner) hereby makes notice that it is seeking a qualified Contractor to provide services related to supply and delivery of magnetite at the Owner’s Wastewater Treatment Plant

(WWTP).

Intent

The Owner is providing this Request for Proposals (RFP) in order to enter into a Contract with a qualified Contractor and obtain either a one-year or three-year Contract for full services to supply and deliver magnetite to Owner’s WWTP. Responses to this RFP will be used to determine the most qualified Contractor to which the Owner could Contract each of these services.

This RFP provides potential Contractors with instructions for submitting proposals, a Scope of Work with general specifications, Contractor selection criteria, and a basic description of the Contract. The Proposal submitted by the Contractor shall address all of the information outlined herein. Additionally, each prospective Contractor at its discretion shall include in its Proposal such other information deemed necessary for the proper evaluation of the Proposal and/or for providing a complete and successful Contract.

Scope of Work

Proposals will be received for the following Contracts:

Contract No.

Description of Contract

2026-3 Supply and Delivery of Magnetite

The term of the Contract shall be for one year or three years which will be determined and awarded by the Owner after review of all proposals. A summary of each Contract’s Scope of Work provided by the Awarded Contractor shall be as follows:

1. Contract No. 2026-3: Supply and Delivery of Magnetite

The Contractor shall be responsible for the full service of supply and delivery of magnetite (per pound) to the Owner’s WWTP located on 848 S. Concord Road, West Chester, PA 19382 for the duration of a one-year or three-year contract.

Delivery Schedule – Contract No. 2026-3

Based on a schedule set up between the Owner and the Contractor, the Contractor’s supply and delivery services shall enter the treatment plant to deliver the magnetite in 1-ton super sacks. Each 1-ton super sack shall be delivered on a pallet. Each bag shall be equipped with lift loops or straps for use with a forklift. West Goshen will offload the product. The contractor should deliver the product

00 21 13 – REQUEST FOR PROPOSALS

00 21 13 - 2 within twenty-one (21) calendar days from the date ordered. Entrance to the plant shall not be before 7:00 AM or later than 3:00 PM. The delivery services shall drop off the magnetite at the approved location within the WWTP site to be determined by the Owner.

Quantity Determination – Contract No. 2026-3

The quantity for payment shall be determined per delivered pound of magnetite. It is anticipated that roughly 40,000 pounds per year will be required. Quantity listed to be delivered is a reasonable estimate only.

The invoice submitted for each billing cycle by the Contractor will be cross-checked with the delivery receipt(s) provided to the Owner/Owner Representative to verify the quantities of magnetite that was supplied and delivered during the billing cycle.

General

The Contractor, under the terms of this Contract shall provide all labor, materials, supplies, equipment, vehicles, and transportation which are necessary and required for the execution of work under this Contract.

The Contractor shall be responsible for supplying and delivering magnetite to the WWTP for the length of the Contract. In the event the Contractor’s delivery vehicle(s) or equipment(s) break down, the Contractor will be responsible for obtaining alternate means for delivering magnetite at no additional cost to the Owner. The bidder understands and agrees that West Goshen will not be responsible for damage to returnable bags or pallets.

Magnetite product should meet the below Material Specifications.

Material Specifications

Name: Magnetite Chemical Formula: Fe304 Fe Total: >68% (dry weight) SiO2 + Al2O3 + CaO + MgO: <5.2% (dry weight) Specific Gravity: >4.8 Bulk Density: >120 lbs per cubic foot Percent Magnetics: >97.0% Percent Passing 325 Sieve: 60% – 65% (dry weight) Mean Particle Size: 45 +/- 5 microns 50% Tile Size: 45 +/- 5 microns Moisture: <2% (capable of being pneumatically loaded)

00 21 13 - 3

Safety Requirements

The Contractor shall be responsible for maintaining the safety of his operations. He shall perform his work in such a manner to ensure the safety of the Owner’s equipment, properties, and all personnel at the WWTP site. He shall also be responsible for the safety of his equipment and personnel.

Spillage and Site Cleanliness

The Contractor is responsible to comply with all Federal, State, and Local regulations regarding spills and site cleanliness and, in particular, the Contractor specifically agrees that he is solely and completely responsible for cleaning, at his expense, any spills that may occur during the process of transporting the magnetite to the Owner’s WWTP. The spills that do occur must be immediately cleaned up and the affected area remediated as required.

Bid Security

This Proposal Guaranty shall be 10% of the total Proposal amount and shall be either a certified check drawn on a bank or trust company satisfactory to the Owner, or a Bid Bond, duly executed by the bidder as principal, and having as surety thereon a surety company approved by the Owner.

In the event any bidder shall, upon the award of the contract to him, fail to execute the contract or comply with the requirements hereinafter stated, the full amount of the Bid Bond or certified check shall be forfeited to the Owner as liquidated damages (not a penalty). The Proposal Guaranty of all bidders will be returned upon execution of the Contract.

Emergency Programs

Proposals shall include the Contractor’s 24-Hour Emergency Contact List.

Bidding Communications

Any inquiries or questions regarding this RFP shall be submitted and responded to on PennBID. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all Bidders on PennBID. Verbal or written responses to questions shall not be considered binding.

Evaluation Criteria

The Owner will evaluate the submitted Proposals based on specific criteria and will select the Bidder deemed to be in the best interest of the Owner. Proposal evaluation criteria will include, but not necessarily be limited to, the following:

1. Ability to safely perform the required services as specified

2. Pricing of services

3. Satisfactory completion of the Proposal and inclusion of all required documentation

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Contract Award

The Owner will award the Contract to the most responsible Bidder as identified by evaluation under the defined criteria. The Bid amount quoted on Bid Form and Agreement will be reviewed.

If necessary, the Owner reserves the right to waive minor errors or discrepancies within Proposals. The Owner reserves the right to reject any or all Proposals, in whole or in part, and is not bound to accept the Proposal having the lowest cost of services if that Proposal is not considered to be in the best interests of the Owner. The Contract will be awarded within 60 days of the date on which Proposals are opened.

Proposal Understanding

By submitting a Proposal, the Contractor confirms that the specifications and this RFP are understood and adequate, and that the Contractor accepts the terms and conditions therein.

Cost Proposal

The Contractor shall provide costs for as described and provided in the Bid Form and Agreement Documents. Costs shall be developed in sufficient accordance with the defined Scope of Work and Contract provisions described herein.

Material Proposal

Proposals shall include the Technical Data Sheet and MSDS for the magnetite to be supplied. The contractor shall also submit the following material information with the Proposal:

1. Our product information is as follows:

a. Fe Total: % f) Percent Passing 325 Seive: _____%

b. SiO₂ + Al₂O₃ + CaO + MgO: % g) Mean Particle Size: ______

c. Specific Gravity: ______ h) 50% Tile Size: ______

d. Bulk Density: % i) Moisture: ____˚C

e. Percent Magnetics: %

Proposal Submission

Sealed Proposals shall be accepted online via the PennBID Program no later than the due date and time noted in the Advertisement. The Request for Proposals (RFP) and all necessary Proposal documentation, as well as solicitation details may be viewed and are available at no cost online by registering at https://pennbid.bonfirehub.com/. Following registration, complete sets of the RFP may be downloaded as portable document format (PDF) files. The date that the RFP is transmitted via PennBID will be considered the Bidder’s date of receipt of the RFP. Proposals received after the due date and time noted in the Advertisement will not be accepted. Faxed and emailed proposals will not be accepted.

00 21 13 - 5

General Terms and Conditions

Contract Documents

The Contract entered into by the parties shall consist of this RFP, the executed Proposal submitted by the Awarded Contractor, and a purchase order or letter of agreement from the Owner.

Contract Modification and Amendment

The parties may adjust the specific terms of the Contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Awarded Contractor must be submitted in writing to the Owner.

Modifications or amendments must be agreed upon in writing and signed by both parties.

Contract Validity

In the event one or more clauses of the Contract are declared invalid, void, unenforceable or illegal, the validity of the remaining portions of the Contract shall remain in force and unaffected.

Cancellation/Termination

If the Awarded Contractor fails to provide personnel, supplies, or equipment to the satisfaction of the Owner, or in any other way fails to provide services in accordance with the Contract terms, the Owner may take whatever action it deems necessary to provide alternate services and may, as its option, immediately cancel the Contract with written notice. The Owner may terminate the Contract(s) between the Awarded Contractor without cause by giving a 60 day advance written notice to the other party.

Clarification of Responsibilities

If the Awarded Contractor needs clarification of the terms of the Contract, it is the Awarded Contractor’s responsibility to obtain written clarification or approval from the Owner.

Litigation

The Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

Assignment

Neither party of the Contract shall assign the Contract without the prior written consent of the other, nor shall the Awarded Contractor assign any money due or to become due without the prior written consent of the Owner.

Independent Contractor

Whether the Awarded Contractor is a corporation, partnership, other legal entity, or an individual, the Awarded Contractor is an independent Contractor. If the Awarded Contractor is an individual, the Awarded Contractor’s duties will be performed with the understanding that the Awarded

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Contractor is a self-employed person, has special expertise as to the service which the Awarded Contractor is to perform, and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Awarded Contractor; however, the nature of the services and the results to be achieved shall be specified by the Owner. The Awarded Contractor is not to be deemed an employee or agent of the Owner and has no authority to make any binding commitments or obligations on behalf of the Owner except as expressly provided herein.

Indemnification

The Awarded Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the Owner, its employees, and its agents from and against all loss, damage, cost and expense (including attorney’s fees) suffered or sustained by the Owner for which the Owner may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Awarded Contractor or any subcontractor under this agreement.

Insurance and Bonding

Throughout the full term of the service Contract, the Awarded Contractor shall maintain the following insurance at a minimum:

Insurance Policy Policy Limits of Not Less Than:

Commercial General Liability General Aggregate

$1,000,000

Automobile Liability Bodily Injury – Each Person $500,000 Bodily Injury – Each Accident $1,000,000 Property Damage – Each Accident

Professional Liability General Aggregate

Workers’ Compensation Statutory

The Insurance policy shall be valid for the entire Contract Term. Upon agreement by the Owner and the Awarded Contractor, insurance coverages may be adjusted as the term progresses if warranted by inflation or a change in site conditions, regulations, etc.

Insurance certificates shall be provided by Contractors with their Proposal. The insurance shall include the Owner and Contractor as named insureds.

00 21 13 - 7

Performance Terms and Conditions

Contract Term

The term of the Contract shall one year or three years from the effective date, January 1, 2026, of the Contract.

Employees

All persons employed to perform these services shall be employees of or Contracted by the Awarded Contractor and shall be well trained in the work necessary to provide full services of supply and delivery work as described for each Contract in this Section 00 21 13 and Section 00 41 16. The Awarded Contractor shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the Owner.

Nondiscrimination and Workplace Safety

The Awarded Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules or regulations may result in termination of the Contract.

Equipment and Supplies

All equipment and supplies required to carry out operations within the scope of the Contract shall be provided by the Awarded Contractor. The Owner shall not be responsible for providing equipment and/or supplies for the Work. Equipment must be maintained in good operating condition and must conform to OSHA and any other safety standards in effect at the time of use.

All Work will be in accordance with local ordinances as well as all applicable county, state, federal and/or regulatory agency laws and regulations.

Pricing Terms

Any unit cost for the construction work under Contract(s) 2026-3 shall be a fixed unit cost for the entire duration of the contract option selected by the Owner.

Payments

Payment will be made to the Awarded Contractor (upon submittal of an invoice to the Owner) within 30 days of the invoice submitted by the Contractor and at a maximum interval of once per month, provided that the invoice matches the work seen, executed, and documented for the month.

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 1

BID FORM AND AGREEMENT FOR CONSTRUCTION CONTRACT

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

West Goshen Township (Owner) 1025 Paoli Pike West Chester, PA 19380

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—BIDDER HEREBY SUBMITS THIS BID AS SET FORTH ABOVE

Bidder:

(typed or printed name of organization) By:

(individual’s signature) Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature) Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed) Title:

(typed or printed) Phone:

Email:

Address:

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 2

Bidder’s Contractor License No.: (if applicable)

ARTICLE 3—ATTACHMENTS TO THIS BID

3.01 The following documents are submitted with and made a condition of this Bid:

A. Insurance Certificate

B. Non-Collusion Affidavit;

C. EEO Certificate;

D. Required Bidder Qualification Statement with supporting data;

1. Product Technical Data Sheet and MSDS

2. Our product information is as follows:

a. Fe Total: % f) Percent Passing 325 Sieve: _____%

b. SiO₂ + Al₂O₃ + CaO + MgO: % g) Mean Particle Size: _______

c. Specific Gravity: h) 50% Tile Size:

d. Bulk Density: % i) Moisture: ˚C

e. Percent Magnetics: %

ARTICLE 4—BASIS OF BID—UNIT PRICES

4.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Contract Duration

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

One-Year Contract

The Full Service of Supply and Delivery of

Magnetite per pound

40,000 $ $

Three-Year Contract

The Full Service of Supply and Delivery of

Magnetite per pound

120,000 $ $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. the estimated quantities indicated on the bid form are for Contract purposes only which are based off estimated quantities for the Owner’s WWTP.

3. estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids.

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 3

4. payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

5. the unit price schedule for The Full Service of Supply and Delivery of Magnetite is as follows:

a. Basis of Measurement: per pound.

1) The unit of one (1) pound of magnetite.

b. Basis of Payment: includes the full compensation for required labor, products, tools, equipment, vehicles, plant and facilities, transportation, services and incidentals for the supply and delivery of magnetite to the Owner’s site as well as any permitting costs, insurance fees, delivery costs, and transportation costs.

1) Incidentals are items which may be found necessary to complete or perfect any portion of the work in a substantial manner and in compliance with the requirements stated or implied by Contract Documents, shall be furnished without additional compensation.

4.02 Total Bid Price (Unit Prices)

Total of all items Bid $

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, unless award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case this Bid shall remain subject to acceptance for 120 days after the bid opening date as provided by the Act of November 26, 1978 (P.L. 1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142).

5.02 Request for Proposals

A. Bidder accepts all of the terms and conditions of the Request for Proposals (Section 00 21 13), including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 4

ARTICLE 6—CONTRACT PRICE

6.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

ARTICLE 7—PAYMENT PROCEDURES

7.01 The Contractor shall invoice the Owner for the work performed or the services rendered following completion of the work or services authorized by the Owner for this Contract. Invoices shall be submitted to West Goshen Township at 848 S. Concord Rd, West Chester, PA 19382. Invoicing shall be done no more than once per month.

7.02 Upon receipt of an invoice, the Owner shall make payment to the Contractor in accordance with the terms of this Contract within 30 days.

ARTICLE 8—CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of all of the following:

1. This Bid Form and Agreement.

2. Request for Proposal – Section 00 21 13.

3. Addenda (numbers _ to _, inclusive).

B. The Contract Documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 9—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

9.01 Contractor’s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

2. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 5

3. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

4. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Duration, and in accordance with the other terms and conditions of the Contract.

5. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

6. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor.

7. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

8. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

9.02 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 6

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 41 16 - 7

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on January 1, 2026 (which is the Effective Date of the Contract) and shall end on the termination date, _________________ (determined by the contract awarded).

Owner: Contractor:

(typed or printed name of organization) (typed or printed name of organization)

By: By:

(individual’s signature) (individual’s signature) Date: Date:

(date signed) (date signed) Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

(individual’s signature) (individual’s signature) Title: Title:

Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

License No.:

(where applicable)

State:

00 45 19 - 1

NON-COLLUSION AFFIDAVIT

STATE OF :

S.S.

COUNTY OF : CONTRACT NO.

I state that I am [Title] of [Contractor] and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) _________________________________ (Contractor), its affiliates, subsidiaries, officers, directors and employees and have not, in the last four years, been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that (Contractor) understands and acknowledges that the above representations are material and important, and will be relied on by the ______________________ (Owner) in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the (Owner) of the true facts relating to the submission of bids for this contract.

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY OF Name and Company Position

Notary Public Signature Date

(SEAL)

My Commission Expires:

00 45 36 - 1

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any Bidder or prospective Contractor, or any of their proposed subcontractors, shall state as an initial part of the Bid or negotiations of the Contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause, and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the Bidder has not filed a compliance report due under applicable instructions, such a Bidder shall be required to submit a compliance report within seven calendar days after Bid opening. No Contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

(Name of Bidder)

(Address) (City) (State) (Zip Code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity clause.

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required (If No, please explain in detail.)

4. Have you ever been or are you being considered for sanction due to violation of Executive

Order 11246, as amended?

Certification: The information above is true and complete to the best of my knowledge and belief.

(Name of Signer) (Title)

(Signature) (Date)