11.Exhibit 14.pdf

PDF 207 KB Posted

Attached to
PN2023-13 City of Independence Corvallis Road Waterline
Solicitation number
S-K12730-00015199
Issued by
Multnomah County, Oregon

About this file

This is a Build America, Buy America Act (BABA) Certification Affidavit for the Corvallis Road Waterline Improvements project (PN: 2023-13) involving the City of Independence, Oregon, and the City of Willamina as the Owner. The project, identified as Keller Project 223055-007, requires certification that all iron and steel, manufactured products, and construction materials used will be produced in the United States in compliance with federal statutory requirements. The bidder must certify understanding of these requirements and confirm that all proposed materials meet BABA compliance standards unless an approved waiver has been obtained.

Compliance with BABA Requirements is a material element of the contract, and failure to comply constitutes a material breach entitling the Owner to terminate the contract for cause. Non-compliance also exposes the contractor to damages, including recovery of losses, expenses, and costs incurred by the Owner or United States Environmental Protection Agency (the Funding Authority), including attorney's fees and potential loss of federal funding. The contractor is required to include identical certification language in all sub-awards at all tiers, including subcontracts and sub-grants, ensuring that all sub-recipients provide corresponding certifications and disclosures regarding domestic product sourcing.

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Text version

Corvallis Road Waterline Improvements

PN: 2023-13

Keller Project: 223055-007

CITY OF INDEPENDENCE PAGE 1 OF 1 BABA CERTIFICATION

EXHIBIT 14 - AFFIDAVIT OF BUILD AMERICA, BUY AMERICA ACT

CERTIFICATION

TO: City of Independence, a Municipal Corporation in the State of Oregon

PROJECT NAME: Corvallis Road Waterline Improvements

The Contractor acknowledges to and for the benefit of the City of Willamina (“Owner”) and the United States Environmental Protection Agency (the “Funding Authority”) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement.

As a Bidder on the above-named public improvement project, the Bidder does hereby certify that the Bidder:

Has reviewed and understands the Build America, Buy America requirements;

Has proposed iron and steel, manufactured products, and construction materials that will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved;

Understands that compliance is a material element of the Contract;

Understands that failure to comply is a breach of the Contract that entitles the Owner to terminate the Contract for Cause;

Understands that any failure to comply entitles the Owner or Funding Authority to recover as damages against the Contractor for any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the Owner).

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

Signed (Contractor) Firm

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