2-PCS Procurment DIV 0 final.pdf

Project No. 23.090.4

DOCUMENTS FOR THE CONSTRUCTION OF

City of Orem

Orem Water Reclamation Facility Phosphorus Control System

PCS Procurement Package

VOLUME 1

Specifications

DIV 0

September 2026

September 3, 2026 00020-1

DOCUMENT 00020

PROPOSAL REQUEST

Electronic Proposals for Pre-Purchase of a Phosphorus Control System (PCS) shall be submitted via the State of Utah’s procurement portal (BonFire) until 4:00 pm, October 15, 2026, at which time the proposals will be downloaded and reviewed. Any Proposal received after the scheduled closing time for receipt of Proposals will not be reviewed.

Work, in general, consists of the following:

A Phosphorus Control System (PCS) consisting of equipment and all associated appurtenances required for a complete and operational system at the OWNERS wastewater treatment plant capable of precipitating ortho-phosphate to form particulate struvite from digested sludge which will eventually be incorporated into the dewatered biosolids cake for disposal.

The OWNER reserves the right to waive any informalities or to reject any or all Proposals and to postpone the award of the contract up to ninety days from the opening date, and to award the contract, if awarded, based on the best interests of the OWNER.

DATED this 3rd day of September, 2026.

OWNER

[OWNER SIGNATORY, TITLE]

END OF DOCUMENT

September 3, 2026 00020-2

THIS PAGE LEFT INTENTIONALLY BLANK

September 3, 2026 00200-1

DOCUMENT 00200

INSTRUCTIONS TO BIDDERS

1. Defined Terms.

The term "SUCCESSFUL BIDDER" means the qualified, responsible BIDDER to whom OWNER (on the basis of OWNER’S evaluation as hereinafter provided) makes an award.

2. Bid Proposal Form.

2.1 Bid Proposal Forms must be completed in ink or edited electronically. The Bid price of each item on the form must be stated in words and numerals.

2.2 Bid Proposal Form shall remain intact within the Contract Documents. The Contract Documents shall be submitted in its entirety via the BonFire procurement portal. Bids must be submitted at the time and in the manner indicated in the Bid Request and must be marked with the contract title and name and address of the Bidder and accompanied by the Bid Security and other required documents.

2.3 Item to be filled out and included with the bid proposal include the following :

A. Document 00300 Bid Form B. Document 00301 Non Collusion Affidavit

2.4 Failure of the BIDDER to submit all of the required Documents and supplemental forms or information may render the Bid Proposal non-responsive and may cause its rejection.

3. Questions and Interpretations.

Questions regarding the meaning or intent of the Contract Documents shall be submitted online by October 1, 2026 at:

https://utah.bonfirehub.com/portal

Responses to questions received will be made in the form of an addendum which will be furnished to all registered holders of the Contract Documents via the BonFire procurement portal. Oral interpretations made to any BIDDER as to the meaning or intent of the Contract Documents shall not be binding on the parties and the OWNER will not be responsible for any explanation or interpretation unless contained within a written addendum.

4. Evaluation Procedure.

4.1 The OWNER will evaluate the bid proposal based on the information submitted in the Bid Proposal, bid alternate information, manufacturer’s experience, equipment performance, and any other information available to the OWNER.

4.2 The OWNER intends to award the purchase order based on an evaluation of the proposed equipment, which shall include evaluation of materials of construction, equipment performance, life cycle costs, manufacturer’s experience, equipment references, and any other factors deemed pertinent by the OWNER. Award is subject to the provisions of Paragraph 5, Award of Contract, below.

https://utah.bonfirehub.com/portal

September 3, 2026 00200-2

5. Award of Contract.

5.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the SUCCESSFUL BIDDER, and the right to disregard all nonconforming, non-responsible or conditional Bids. Discrepancies between words and figures will be resolved in favor of words.

5.2 In evaluating Bids, OWNER reserves the right to consider bid alternates proposed by BIDDERS, and to conduct such investigations as the OWNER deems necessary to verify the performance and reliability of the equipment proposed by the BIDDER.

5.3 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications and financial ability of the BIDDERS to furnish the Goods and Special Services in accordance with the Contract Documents to OWNER’S satisfaction within the prescribed time.

5.4 OWNER reserves the right to reject the Bid of any BIDDER who does not pass any such evaluation to

OWNER’S satisfaction. OWNER intends to make an award to the BIDDERswhose equipment (in the opinion of the OWNER and the OWNER’S ENGINEER) provides the best overall value to the OWNER.

6. Signing of Procurement Agreement.

6.1 When OWNER gives a Notice of Award to the SUCCESSFUL BIDDER, it will be accompanied by at least three (3) un-signed counterparts of the PRE-PURCHASE Agreement and all other Contract Documents.

Within fifteen (15) days thereafter SUPPLIER shall sign and deliver three (3) counterparts of the PRE- PURCHASE Agreement to the OWNER with all other Documents attached. Within ten (10) days thereafter OWNER will deliver one (1) fully signed counterpart to the SUCCESSFUL BIDDER.

6.2 The Non-Collusion Affidavit shall be completed and submitted with the bid proposal.

7. Assignment of PRE-PURCHASE Agreement.

7.1 The Agreement for the Work hereunder will be assigned by OWNER to a separate General Construction Contractor at the time the construction contract (under which the equipment and materials specified herein will be installed) is executed. Example forms for assignment of the Agreement and Surety's agreement to the assignment are bound herewith. It is anticipated that the PRE-PURCHASE Agreement will be assigned to a General Construction Contractor in the fourth quarter of 2026.

7.2 In the application of the terms and conditions of these Contract Documents after the Contract has been assigned to the General Construction Contractor, this BIDDER shall function as a subcontractor or a BIDDER to the assignee General Construction Contractor, and all obligations of this Agreement to Owner shall, after assignment, become obligations of this BIDDER to the assignee General Construction Contractor.

7.3 Risk of loss as it relates to the equipment and materials provided hereunder shall be borne by BIDDER until delivery to the project site and acceptance by the assignee General Construction Contractor, and thereafter shall be borne by the assignee General Construction Contractor until final acceptance by

OWNER.

8. Additional Requirements

September 3, 2026 00200-3

8.1 All equipment and materials shall be in compliance with the Build America, Buy America (BABA) Act.

8.2 The OWNER has been awarded an EPA grant for funding and thus all parties

(BIDDER/OWNER/OWNERS REPRESENTATIVE/BIDDER) involved with the Pre-Purchase/procurement process are subject to the regulations under EPA 40 CFR part 33

September 3, 2026 00200-4

September 3, 2026 00300-1

SECTION 00300

BID PROPOSAL FORM

OREM WATER RECLAMATION FACILITY

PHOSPHORUS REMOVAL IMPROVEMENTS PROJECT

PHOSPHORUS CONTROL SYSTEM

BIDDER shall submit a lump sum cost for one (1) complete Phosphorus Control System (PCS). BIDDER shall also submit guaranteed performance values for their PCS. These items shall be submitted on this Bid Proposal Form by filling in the blanks provided for each item.

Article 1. Bid

BIDDER proposes to supply to the OWNER a PCS in accordance with the Specifications herein. The price below includes, but is not limited to, the cost of shop drawing preparation, manufacture, packaging, testing, loading and freight, inspection, field support, start-up and testing assistance, and O&M manual preparation.

BIDDER proposes to provide one complete system as specified for a fixed lump sum price as follows:

Bid

Item Description of Item Unit

Approx.

Quan. Unit Price Total

Shop Drawings (cost to obtain approved shop drawings)

LS 1 $ $

2 Equipment Costs LS 1 $ $

3 Construction Supervision (hrs) EA ___ $ $

4 Start-up Services LS ___ $ $

Operator Training Services

(onsite)

LS ___ $ $

6 Performance Testing Services LS ___ $ $

Warranty, with options for extended warranty

LS ___ $ $

TOTAL TAX

TOTAL EQUIPMENT BID PRICE $____________

TOTAL EQUIPMENT BID PRICE (words)

Field Service: Supplier agrees to provide additional field service at the OWNER’S request at a per diem rate of $ /day including travel, lodging, meals, etc. Unused field service for start-up and testing shall be credited to the OWNER at the above rate.

September 3, 2026 00300-2

In addition, the BIDDERr shall provide Operation and Maintenance (O&M) costs based on the Phosphorus Control System Feed Table in Section 01 33 26 Design Data as follows:

Bid

Item Description Unit

Approx.

Quan.

Unit Price Total

Annual Power Costs (assume

$0.13/kWh) EA ___ $0.13/kWh $

2 Annual Chemical Costs EA ___ $ $

2a (If needed) EA ___ $ $

2b (If needed) EA ___ $ $

2c (if needed) EA ___ $____________ $____________

Cost to Operate for one year

(assume $100/hr, provide total hours)

EA ___ $100.00/hr $

TOTAL O&M COSTS $____________

TOTAL O&M BID PRICE (words)

Article 2. Performance Values

The PCS provided to the OWNER will operate within the Design Conditions and Performance Values provided in Section 01 33 16 Design Data.

SUPPLIER acknowledges that this Contract, if awarded, will be assigned by the OWNER to a General Construction Contractor, and hereby consents and agrees to the assignment under the terms and conditions of the Contract Documents.

No work shall be completed until written Notice to Proceed is given by the OWNER or assignee General Construction Contractor. Delivery of equipment to the site shall be coordinated with the assignee General Construction Contractor to the satisfaction of the ENGINEER.

BIDDER further agrees that performance of manufacturer’s field services (including installation check, startup assistance, and certification of acceptable installation and operation) and final completion of all Work will be coordinated with the assignee general construction contractor to the satisfaction of ENGINEER.

The undersigned agrees that this Proposal constitutes a firm offer to the OWNER which cannot be withdrawn for one hundred twenty (120) calendar days from and after the bid proposal opening or until the Pre-Purchase Agreement for the work is fully executed by the OWNER and a third party, whichever is earlier. OWNER reserves the right to issue a Letter of Intent to contract within the 90-day window to guarantee price in advance of a fully executed contract to accommodate delays associated with third party funding.

September 3, 2026 00300-3

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Proposal Request and any addenda thereto; that it has carefully checked all of the words and figures shown in its Schedule; and that it has carefully reviewed the accuracy of all statements in this Proposal Request and attachments hereto. The undersigned hereby agrees that the OWNER will not be responsible for any errors or omissions on the part of the undersigned in preparing this Proposal.

The undersigned also acknowledges receipt, understanding, and full consideration of the following addenda, if any, to the Bid Request:

Addendas No. ___

BIDDER

Company Name & Address

Signature

Name Printed

Title

Dated

September 3, 2026 00300-4

September 3, 2026 00301-1

DOCUMENT 00301

NON-COLLUSION AFFIDAVIT

The undersigned states that this Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid Proposal is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid Proposal are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

BIDDER

Signature

Date

State of ________________) ss.

County of ______________)

On _________________________ before me, _________________________________________ Notary Public, personally appeared ________________________________________________ personally know to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

______________________________ (seal) (Signature of Notary Public)

September 3, 2026 00301-2

September 3, 2026 00400-1

DOCUMENT 00400

PROCUREMENT AGREEMENT

THIS PROCUREMENT AGREEMENT, made and entered into this _______ day of __________, 2026, by and between the OWNER and BIDDER.

OWNER and BIDDER, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. GOODS AND SERVICES.

BIDDER shall furnish the Goods, Special Services and other services as specified in the PRE-PURCHASE Documents.

The following Special Services are required: Start-up services, operator training services, and performance testing services.

Article 2. POINT OF DELIVERY.

The place where the Goods are to be delivered is defined in the Procurement General Conditions as the point of delivery and designated as:

Orem Water Reclamation Facility 1797 West 1000 South Orem, UT 84058

Article 3. CONTRACT TIME.

3.1 The Goods are to be delivered to the point of delivery and ready for the assigned General Construction Contractor’s acceptance of delivery within a period of six (6) months after the approval of the final submittal.

3.2 The furnishing of Special Services to OWNER will commence within twenty-one (21) days after OWNER's written notice to BIDDER following OWNER's acceptance and installation of the Goods.

3.3 Shop Drawings and samples required by the PRE-PURCHASE Documents shall be submitted for review and approval within sixty (60) days of Notice of Award.

3.4 Liquidated Damages: OWNER and BIDDER recognize that time is of the essence of this PRE-PURCHASE Agreement and that OWNER will suffer financial loss if the Goods are not delivered at the point of delivery and ready for acceptance of delivery by OWNER within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions.

Timely performance of services by other parties involved in OWNER's project are materially dependent upon BIDDER's specific compliance with the requirements of Paragraph 3.1. Delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual losses or damages (including special, indirect, consequential, incidental and any other losses or damages) suffered by OWNER if complete acceptable Goods are not delivered on time are difficult to estimate. Accordingly, and instead of requiring proof of such losses or damages, OWNER and BIDDER'S agree that as liquidated damages for delay BIDDER shall pay OWNER one thousand dollars ($1,000) for each day that expires after the time specified in paragraph 3.1 for delivery of acceptable Goods.

September 3, 2026 00400-2

Article 4. CONTRACT PRICE.

4.1 OWNER shall pay BIDDER for furnishing the Goods and Special Services and for performing other services in accordance with the PRE-PURCHASE Documents in current funds.

4.2 The total contract price for the equipment to be provided is $______________________________.

Article 5. PAYMENT PROCEDURES.

BIDDER shall submit Applications for Payment in accordance with Article 5 of the Procurement General Conditions.

Article 6. WARRANTY AND GUARANTEE

The BIDDER’s warranty and guarantee for all equipment provided under the PRE-PURCHASE Agreement shall be in accordance with Article 9 of the Procurement General Conditions.

Article 7. CONTRACT DOCUMENTS.

7.1 Contract Documents which comprise the entire Agreement between OWNER and BIDDER consist of the following:

A. PRE-PURCHASE Agreement B. General Conditions C. Specifications D. Addenda Nos. _____ to _____, inclusive E. BIDDER's Bid Proposal Form F. Assignment of Procurement Agreement

This PRE-PURCHASE Agreement will be effective on _______________, 2026.

OWNER: BIDDER:

By_______________________________ By_______________________________

Attest_____________________________ Attest_____________________________

September 3, 2026 00401-1

DOCUMENT 00401

ASSIGNMENT OF PROCUREMENT AGREEMENT

The Contract between the Orem Water Reclamation Facility (OWNER) and (BIDDER) for the PRE-PURCHASE of the PCS under the Contract Documents entitled , are hereby assigned, transferred, and set over to , the General Construction Contractor, for the General Construction Work, who shall be totally responsible for all work performed by the assigned and for the OWNER”S obligations and rights contained in the PRE-PURCHASE Contract Documents.

This assignment will be effective on the Effective Date of the Agreement between the Orem Water Reclamation Facility and the Contractor for the General Construction Work.

ASSIGNMENT DIRECTED BY:

[OWNER]

By:

(Signature & Title)

ASSIGNMENT ACCEPTED BY:

General Construction Contractor

Bidder

September 3, 2026 00401-2

September 21, 2026 00700-1

DOCUMENT 00700

GENERAL CONDITIONS

Article 1: DEFINITIONS.

Wherever used in these Procurement General Conditions or in the other Procurement Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof.

General Construction Contractor - The person, firm or corporation with whom OWNER has entered into an agreement for the Construction of the PCS.

ENGINEER:

Water Works Engineers, LLC 2975 Executive Parkway, Suite 310 Lehi, UT 84043

OWNER:

Orem Water Reclamation Facility 1797 West 1000 South Orem, UT 84058

PRE-PURCHASE Agreement - The written agreement between OWNER and BIDDER covering the furnishings of the Goods and other services.

Shop Drawings - All fabrication drawings, diagrams, illustrations, schedules and other data, including calculations, which are specifically prepared by BIDDER to illustrate some portion of Goods.

Specifications - Those portions of the Procurement Documents consisting of written technical descriptions of materials, equipment, design criteria, standards and workmanship as applied to the Goods and certain administrative details.

BIDDER - The person, firm or corporation with whom OWNER has entered into the Procurement Agreement to fabricate and supply the Goods and provide the Special Services specified in the technical specifications.

Article 2: INTENT OF PROCUREMENT DOCUMENTS.

2.1 All materials, equipment and services that may reasonably be inferred from the Procurement Documents as being required to produce the intended result shall be supplied whether or not specifically called for.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specifications, manual or code in effect at the time of opening of Bids.

September 3, 2026 00700-2

Article 3: INSURANCE.

3.1 BIDDER shall assume all risk of loss or damage to the Goods prior to acceptance of delivery by the Assigned General Construction Contractor at the point of delivery; and shall purchase and maintain insurance on the Goods during the process of shipping to the point of delivery to insure against physical loss or damage, including theft, vandalism, malicious mischief, water damage and other such perils.

Article 4: SHIPMENT AND DELIVERY OF THE GOODS.

4.1 All goods shall be delivered directly to the Orem Water Reclamation Facility, 1797 West 1000 South, Orem, UT 84058. BIDDER shall select the means of transportation. Transportation charges shall be paid by BIDDER. Delivery date will be coordinated with the construction schedule with the assigned General Construction Contractor.

4.2 BIDDER shall coordinate with the General Construction Contractor on the delivery date and as a minimum, shall give the assigned General Contractor at least thirty (30) days prior written notice of the date when the Goods will be ready for shipment and the manner of shipment. Include instructions concerning any special equipment or services required at the point of delivery to unload the Goods. BIDDER also shall require the carrier to give the assigned General Construction Contractor not less than 24 hours notice by telephone of the anticipated hour of delivery.

4.3 Notified delivery date shall not be earlier than sixty (60) days prior to the required delivery date without approval of the OWNER. The delivery date will be determined by the General Contractor and the OWNER.

Construction is anticipated to begin in 2027.

4.4 OWNER reserves the right to delay delivery up to sixty (60) days from the notified delivery date. OWNER will give BIDDER written notice of the delayed date within 15 days of the notice of readiness for shipment.

4.5 OWNER will provide facilities for receipt and unloading of the Goods.

4.6 Notice of OWNER’s acceptance of delivery will be provided to BIDDER by a receipted copy of the shipping documents or as otherwise provided.

Article 5: APPLICATIONS FOR PAYMENT.

5.1 BIDDER shall submit for review Applications for Payment accompanied by supporting documentation. The first Application for Payment shall be submitted after review and approval by ENGINEER of all Shop Drawings and after assignment of Purchase Order. The second Application for Payment shall be submitted after delivery of the Goods has been accepted by the successful General Contractor.

Amount of Timing of Progress Payments:

5.2 The amounts of the progress payments will be as follows:

A. Following acceptance and approval of shop drawings, by the ENGINEER, and assignment of Purchase Order to General Contractor, the General Construction Contractor will pay to BIDDER an amount equal to twenty percent (20%) of the Contract price.

B. Upon delivery of the Goods in acceptable condition, the assigned General Construction Contractor will pay to the BIDDER an amount equal to sixty percent (60%) of the Contract Price. In the case of

September 3, 2026 00700-3 multiple deliveries, separate payments for the individual components delivered will not be made.

Only one (1) payment will be made after all components are received.

C. After the Goods have been incorporated into the OWNER’S project, tested, and functioning as intended, and all Special Services have been provided, the assigned General Construction Contractor will pay the remainder of the Contract Price.

Payments will be made within 45 days after receipt of each Application for Payment. Final incorporation of the Goods into OWNER’s project may take place up to 180 days after delivery.

Final Inspection:

5.3 After all of the Goods have been incorporated into OWNER’S project, tested and functioning as intended, OWNER will advise BIDDER whether or not the Goods appear to be acceptable. If not acceptable, OWNER will identify the apparent defects in writing. BIDDER shall immediately take such measures as are necessary to remedy all defects.

Article 6: BIDDER’S RESPONSIBILITIES.

Supervision and Coordination:

6.1 BIDDER shall competently and efficiently supervise and direct production of the Goods and coordinate all operations required to deliver the Goods.

Material, Equipment and Workmanship:

6.2 The materials and equipment incorporated in the Goods shall be new and of good quality. All workmanship shall be of good quality and free from defects.

Taxes:

6.3 BIDDER shall pay all sales, consumer, use and other similar taxes, required by law to be paid in respect of the productions and delivery of the Goods.

Shop Drawings and Samples:

6.4 BIDDER shall submit to ENGINEER seven copies of all Shop Drawings. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and like information to enable ENGINEER to review the information as required.

6.5 ENGINEER will review Shop Drawings and samples within twenty (20) calendar days. Such review will not extend to design data reflected in Shop Drawings which is peculiarly within special expertise of BIDDER.

BIDDER’S submission of any Shop Drawing shall constitute a representation to OWNER that BIDDER assumes full responsibility for having determined and verified the design criteria, quantities, dimensions, installation requirements, materials, and similar data.

6.6 BIDDER shall not commence production of any part of the Goods affected thereby until the Shop Drawings have been reviewed and accepted by ENGINEER.

Article 7: CONTRACT TIME.

September 3, 2026 00700-4

7.1 All Goods shall be delivered to the OWNER within the required delivery times identified in the Procurement Agreement.

Article 8: CHANGES

8.1 OWNER may order additions, deletions, or revisions in the Goods or Services provided by BIDDER.

Changes will be authorized by written Change Orders. If any Change Order causes an increase or decrease in the Contract Price or Contract Time, an equitable adjustment will be made.

8.2 Within fifteen (15) days of receipt of a Change Order, BIDDER shall submit a request for change in Contract Price or Contract Time, with supporting documentation.

Article 9: WARRANTY AND GUARANTEE

9.1 BIDDER warrants and guarantees to OWNER that all Goods and other services will be in accordance with the Procurement Documents and free from defects.

9.2 Neither payment to BIDDER for Goods and Services received, nor any use of the Goods by OWNER, will constitute an acceptance of Goods or services not in accordance with the Procurement Documents or a release of BIDDER's obligation to furnish the Goods and services in accordance with the Procurement Documents.

9.3 If at any time after OWNER's acceptance of delivery and before expiration of the correction period OWNER determines that the Goods are defective, BIDDER shall, upon written notice from OWNER, either correct the defects or remove the Goods and replace them with non-defective Goods.

9.4 BIDDER's responsibility for remedying all defects in the Goods will extend for a period of one year after the date of Final Completion.

9.5 All costs of correcting, removing and replacing defective Goods or of obtaining services elsewhere and of exercising OWNER's rights and remedies will be charged against BIDDER, up to a maximum of the equipment purchase price. If such costs are incurred prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Procurement Documents and a reduction in the Contract Price. If such costs are incurred after final payment, an appropriate amount will be paid by BIDDER to OWNER.

9.6 If BIDDER fails to remedy Defective Goods in a prompt and satisfactory manner, OWNER may remedy any such defect. All costs of correcting, removing and replacing defective Goods or of obtaining Special Services elsewhere will be charged against BIDDER, up to a maximum of the equipment purchase price (a form of Termination for Cause and for Convenience). The OWNER shall notify the BIDDER in writing of any defective goods. The BIDDER shall have thirty (30) days to respond. If after thirty (30) days the BIDDER does not respond, OWNER may remedy any such defect.

September 3, 2026 00801-1

DOCUMENT 00801

SPECIAL CONDITIONS FOR EPA COMPLIANCE

40 CFR Part 33 Appendix A Term and Condition:

The BIDDER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

1. Non-Discrimination Requirement: BIDDER must not discriminate on the bases of race, color, national origin, or sex in contract performance.

2. Compliance with 40 CFR Part 33: BIDDER must follow all applicable requirements of Part 33 when awarding and administering contracts under EPA financial assistance agreements

3. Enforcement: Failure to comply is considered a material breach, which can lead to contract termination or other legal remedies.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352):

BIDDERS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

https://www.govregs.com/regulations/title40 https://www.govregs.com/regulations/40/33 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352

September 3, 2026 00801-2