Hanley Road Corridor Transportation Development District 2348 Brentwood Blvd. Brentwood MO REQUEST FOR PROPOSAL FOR GATEWAY FOUNTAIN SOD PROJECT

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1 Hanley Road Corridor Transportation Development District 2348 Brentwood Blvd. Brentwood MO REQUEST FOR PROPOSAL FOR GATEWAY FOUNTAIN SOD PROJECT 1

2 Hanley Road Corridor Transportation Development District REQUEST FOR PROPOSAL Gateway Fountain Sod Project Notice is hereby given that sealed bids for the Hanley Road Corridor Transportation Development District s (the HRC TDD ) Gateway Fountain Sod Project will be received by the Board of Directors of the HRC TDD at the Brentwood City Hall, 2348 Brentwood Blvd., Brentwood MO 63144, until 10:00 a.m. Wednesday, September 17, 2014 and will be publicly opened and read at 10:15 am. All bids shall be made in duplicate on the printed forms found in the contract documents. Bids must be submitted in a sealed envelope marked Gateway Fountain Sod Project. Bid documents are available for pickup on or after Wednesday September 3, 2014 at Brentwood City Hall, 2348 Brentwood Blvd. Brentwood MO, or on line at Any contractor questions or concerns, or project site meetings, will be addressed by the Brentwood Public Works Department at or Jim Nahmensen, Public Works Superintendent at jnahmensen@brentwoodmo.org. The HRC TDD hereby reserves the right to reject any and all bids, to waive any informalities in the bids received, and to accept the bid or bids that in its judgment will be in the best interest of the HRC TDD. Board of Directors Hanley Road Corridor Transportation Development District 1

3 REQUEST FOR BIDS Hanley Road Corridor Transportation Development District Gateway Fountain Sod Project OBJECTIVE The HRC TDD is seeking sealed bids from professional contractors for the Gateway Fountain Sod Project. SCOPE OF WORK This work shall consist of labor, equipment, material, and all other work service cost to provide the removal of surface rock, installation of approximately 100 cubic yards of a soil and compost mix, and approximately 15,000 square feet of Fescue type sod. The contractor is to provide all traffic control measures and signage as necessary. Contractor is to provide all construction layout and staking. Contractor required to provide locates. All bids shall be net in place and finished per the bid item quantities unit pricing as shown on the bid form. The successful bidder will remove and dispose of all rock and landscape debris in conformance with St. Louis County Waste Management code, the ordinances of the City of Brentwood and applicable state laws. The contractor shall notify the Public Works Superintendent or his representatives 24 hours in advance of sod placement so that the grade, depth, and all other conditions can be reviewed and approved prior to sod placement. All debris will be removed and cleaned in a workman like manner before sod placement. Where necessary, the contractor shall adjust existing manhole frames, water and gas valves to grade, and shall be responsible for notifying and locating all utilities in the work areas prior to performing work. The contractor shall take all necessary precautions to prevent damage to pavements, plant beds, and sprinkler system adjoining the work areas and will, at no cost to the HRC TDD, be responsible for repairing any said damage. The contractor shall provide all necessary signage, barricades and cones (including message board signage, as may be needed) and maintain traffic control measures at all times. Weather: Sod placement shall not be attempted on rainy days or when ground temperature is below 50 degrees or above 90 degrees. Failure on the contractor s part could result in the HRC TDD rejection of the sod work with the contractor replacing such sod at his own expense. Vandalism: the contractor shall be responsible for protecting fresh sod surfaces from vandalism and shall repair or replace any fresh sod that is vandalized at no additional cost to the HRC TDD. Cleaning of the Streets and Sidewalks: The contractor shall clean the streets and sidewalks of all excess material periodically or as directed by the Public Works Superintendent, or his representative, so that material or debris does not adhere to paved surfaces or cause a nuisance. Failure to clean streets or 1

4 sidewalks properly or undertake other public safety issues could lead the HRC TDD to be forced to undertake the work and back charging the contractor at prevailing wage rates. The work consists of: 1. Strip away thin grass, remove upper layer of rocks 2. Install 100 cubic yards (approximately 2 coverage) soil and compost mix to prepare area 3. Install Fescue type sod on front and side slopes (approximately 15,000 sq. ft.) 4. Stake sod as needed The contractor will provide amounts and unit cost as noted in the bid sheet. The HRC TDD reserves the right to reject any or all proposals if in its judgment is not in the best interest of the HRC TDD. Delays and Extension of Time: If the contractor is delayed at any time in the progress of the work, by any act or neglect of the HRC TDD or of its agents, or by any other contractor employed by the HRC TDD, or by changes ordered in the work, or by strikes, lockouts, fire, inclement weather, unusual delaying transportation, unavoidable casualties, or any causes beyond the contractors control and the Public Works Superintendent or his representatives decide the delay is justified, then the time of completion shall be extended for such reasonable time as the HRC TDD may decide. No such extension shall be made for delay occurring more than ten (10) days before written notice is provided to the Public Works Superintendent. In the case of a continuing cause of delay, only one written notice is necessary. All bidders shall be responsible for completely familiarizing themselves with the work to be done. Any questions concerning the work should be directed to Jim Nahmensen, Public Works Superintendent at An onsite pre bid meeting is scheduled for Tuesday September 9, 2014 at 10:00 A.M. All contractors submitting bids should plan to attend. NO ADDITIONAL CHARGE ITEMS: There shall be no additional charge to the HRC TDD for the contractor to provide labor, equipment and materials for: Contractor mobilization Protect work from rain and flood damage Clean streets and public safety concerns Necessary construction zone signage, barricades, cones and flagmen Contractor s damage (if any) to pavements or private property adjoining the designated work areas. Replacement of vandalized pavement and landfill fees Protect owners flowers, trees, shrubs and sprinkler heads that abut pavement and the replacement of such damaged items as required All other miscellaneous work as necessary to provide a complete and satisfactory job NOTE: Failure by the contractor to undertake work for the protection and welfare of the general public may result in the HRC TDD undertaking the work and back charging the contractor at prevailing wage rates. 2

5 INTERPRETATION OF DOCUMENTS If any person contemplating submitting a bid is in doubt as to the true meaning of any part of this bid request, or finds discrepancies or omissions herein, he may submit to the HRC TDD a written request for an interpretation or correction thereof. Any interpretation or correction of the bid request document will be made only by Addendum duly issued by the HRC TDD, and a copy of such Addendum will be mailed to each person who received a Request for Proposal by mail. The HRC TDD will not be required to mail addenda to those persons who retrieved the Request for Proposal from the City s website. It is the responsibility of these contractors to review for any addenda prior to submitting their response. The HRC TDD will not be responsible for any other explanation or interpretation of the Bid Request. All questions should be directed to the Public Works Department at or Jim Nahmensen jnahmensen@brentwoodmo.org before bid opening. Any addenda issued by the HRC TDD prior to the scheduled time of opening the bids shall be covered in the bid and shall be made part of any contract. SELECTION CRITERIA Awards shall be determined by and based upon the best proposal, which, in the discretion of the HRC TDD is the proposal that most adequately meets the needs of the HRC TDD at the lowest price. In determining the best proposal, in addition to price, the HRC TDD may consider: Quality, availability, and functional or suitability of the personal property, or contractual services to the particular use intended, The ability, capacity, and skill of the bidder to perform the contract or provide the service required, Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference, The character, integrity, reputation, judgment, experience and efficiency of the bidder, The quality of performance of previous contracts or services, The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, The ability of the bidder to provide future maintenance and service for the use of the subject of the contract, The number and scope of conditions attached to the bid, and Whether the bidder is in default on the payment of taxes, licenses or other moneys due to the City. This factor alone shall justify disqualification. When, in response to a bid proposal issued by the HRC TDD, two or more proposals meet the HRC TDD bid specifications/requirements and are deemed sufficiently equal, a local bid preference shall be given to a business located within the corporate limits of the City of Brentwood or the City of Maplewood. After reviewing all received bids, staff will recommend the lowest responsive responsible bid for acceptance by the HRC TDD and approval to enter into a contract agreement with the contractor. It is anticipated this will occur at a September 2014 meeting. 3

6 INSURANCE The insurance specifications shall meet the following minimum credentials: Workers Compensation and Employers Liability (E.L. Each Accident) General Liability (General Aggregate) $2,500, General Liability (Each Occurrence) $1,000, Automobile Liability (Combined Single Limit) $1,000, The successful contractor must provide a Certificate of Insurance and Endorsement satisfactory to the HRC TDD naming the HRC TDD and the City of Brentwood as additional insureds. This certificate shall remain in force for the length of the contract. The City shall be given thirty (30) days written notice prior to cancellation. BID SUBMISSION & COMPLIANCE Bid documents include the following affidavits that are required before and/or after the work has been completed: Affidavit of Work Authorization RSMo Affidavit of OSHA Training Compliance RSMo Affidavit of Compliance with the Prevailing Wage Law RSMo Affidavit of American Products Purchase RSMo Final Pay Affidavit Non Collusion Affidavit The above list of statutes is not intended to be exhaustive. The compliance requirement of this provision is continuing and must be satisfied during the entirety of the bid process and any future agreement. It is the sole responsibility of the successful bidder to ensure that this provision is satisfied, and the HRC TDD assumes no responsibility or liability for the failure to comply. Bid shall be submitted on Bid Proposal Forms and signed by an authorized officer. Two hard copies of the bid must be submitted in a sealed envelope with the words Gateway Fountain Sod Project clearly printed on the envelope. Bids shall be submitted to: 2348 South Brentwood Blvd. Office of the City Clerk Attn: Chairman of the HRC TDD Brentwood, MO No faxed or bids will be accepted. Bids must be received by 10:00 a.m. Wednesday, September 17, 2014 at the above stated address and will be publicly opened and read at 10:15 A.M. Any person or firm may withdrawal their bid by written request at any time prior to the scheduled time of the bid opening. 4

7 ECONOMY OF PREPARATION Bids should be prepared simply and economically, providing a straightforward, concise description of the contractor s capabilities to satisfy the requirements of this request. The bidder shall be responsible for cost incurred in the bid preparation and delivery. The HRC TDD reserves the right to reject any and all bids or portions of any bid deemed not to be in its best interest. Neither the distribution of this request or acceptance of any response should be constructed as creating a contractual obligation between the HRC TDD and any firm. The HRC TDD does not authorize and will not be responsible for any expense or charge associated with providing a response to this Request for Proposal. Bids must remain valid for at least 90 days after the submittal date. 5

8 Company Name: GATEWAY FOUNTAIN SOD PROJECT Date: Hanley Road Corridor Transportation Development District In accordance with the advertisement inviting bids for HRC TDD Gateway Fountain Sod Project in the City of Brentwood, subject to the conditions and requirements of the contract and scope of work, including Addenda # s and, hereto attached, which so far as they relate to the bid, are made a part of it, the undersigned propose to begin the specific work within ten days after receipt of notice to precede, at the following unit prices: Description Quantity Unit Cost Total Cost Remove Upper Rock layer $ /sq.yd. $ Soil/Compost Mix 100 cu.yd. $ /cu.yd. $ Fescue Type Sod $ /sq.yd. $ Miscellaneous & Other Work 1 $ /Lp. Sum $ Gateway Fountain Sod Project Total Cost $ NOTES: Contractor to state number of calendar days to complete project Authorized Signature: Title: Contractor Voluntary Bid Alternates (if any) The undersigned understands and agrees the quantities shown herein are estimated, that payment shall be made on a total cost basis.

9 The undersigned understands and agrees that quantities shown herein include labor cost to complete the project. The undersigned understands and agrees that the HRC TDD may, at its discretion, elect to add and/or delete quantities, at any time during the contract period. The undersigned understands that items incidental to the project including but not limited to testing/certification, cleaning and sweeping and final cleanup are included in the above unit cost. The undersigned has examined the location of the project, north east corner of Brentwood Blvd. and Eager Rd., and the scope of work, and has satisfied self as to work to be done and the conditions under which it must be carried out. NAME OF BUSINESS (IF AN INDIVIDUAL) SIGNATURE OF BIDDER BUSINESS ADDRESS TELEPHONE # (IF CO-PARTNERSHIP) FIRM NAME SIGNATURE BUSINESS ADDRESS TELEPHONE # (IF A CORPORATION) CORPORATE NAME SIGNATURE BUSINESS ADDRESS TELEPHONE # 2

10 CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this day of 2014 by and between, herein after called the Contractor and the Hanley Road Corridor Transportation Development District herein called the HRC TDD. WITNESSED THAT, whereas the HRC TDD by motion adopted at a meeting held on, and by virtue of the authority vested in said Board, has awarded to the Contractor the work of performing certain construction. NOW, THEREFORE, the Contractor and the HRC TDD, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK The Contractor shall provide all work incidental to the furnishing of all material, equipment, and labor to undertake the HRC TDD Gateway Fountain Sod Project in accordance with the Scope of Work and specifications prepared by the HRC TDD, and terms of this contract for the HRC TDD. The HRC TDD may have representatives at the site as he may decide during construction to observe the work in progress. Article 2. TIME OF COMPLETION Work on the Gateway Fountain Sod Project must begin on, 2014 and shall be carried on at a rate to secure its full completion by, This date may be adjusted by the Chairman of the HRC TDD as additions and/or deletions are made but under no instances shall this agreement or completion date extend beyond six (6) months from date of contract. DEDUCTIONS FOR NOT COMPLETING ON TIME It is mutually understood and agreed that time is of the essence of this agreement and in the event said work is not completed on or before the date named above for its completion, the Contractor shall pay Two Hundred & Fifty Dollars ($250.00) per day. Those damages shall be used to pay the expenses of the inspectors and the services of the HRC TDD for the extra time required for the completion of the work. Extra time shall in all cases be construed as the time required for completion after the date herein named. Extensions of time granted by the owner for completion of the contract on account of fire, strikes, or acts of providence shall not be construed as extra time. The amount of such expense and services shall be determined by the Chairman of the HRC TDD, shall be reported to them in writing to the owner, and shall be withheld from any money due the Contractor and paid to the proper parties. Where any deductions from or forfeitures of payment in connection with the work on this contract are duly and properly declared or imposed against the Contractor in accordance with the terms of this contract, state laws, or ordinances of the City, the total amount thereof may be withheld from any money whatsoever due or to become due the Contractor under the contract, and when deducted shall be deemed and taken as payment in such amount. Article 3. CONTRACT PRICE The HRC TDD shall pay to the Contractor for the performance of the work a sum not to exceed the total cost as shown on: 3

11 Gateway Fountain Sod Project Total Bid Proposal $ Work covered under these criteria shall consist of all material, labor, equipment and services necessary for the completion of the project. Article 4. PAYMENTS TO CONTRACTOR At least fourteen (14) days before payment for the completion of the total project may be presented for approval, the Contractor will submit to the HRC TDD a payment request filled out and signed by the Contractor covering the work performed during the period covered by the payment request and supported by such data as the HRC TDD may reasonably require. The HRC TDD will within ten (10) days pay the Contractor the requested bid proposal amount in compliance with the HRC TDD s Disbursement Policy approved on October 2, 2009 pursuant to Resolution No payment request shall be made without an inspection and the approval of the project. The Contractor and the HRC TDD representative shall inspect the project before approval is made. When the work provided for under this contract has been fully completed in accordance with the terms thereof, the HRC TDD shall make a final inspection and the Contractor shall remedy any defects arising out of said inspection. After final acceptance of the work by the city, final payment shall be made based on price stated. From the final payment shall be retained all monies expended by the HRC TDD according to the terms of the contract, and hereunder chargeable to the Contractor, all monies payable to the HRC TDD, as liquidated damages, and all deductions provided by the contract, state laws, or ordinances of the City of Brentwood. The Contractor will indemnify the HRC TDD or the HRC TDD s agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workers, mechanics, furnisher of material, and furnisher of machinery and parts thereof, equipment, tools, and all supplies incurred in the furtherance of the performance of the work. The Contractor shall, at the HRC TDD request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the HRC TDD may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractors unpaid compensation a sum until satisfactory evidence is furnished that all liabilities have been full discharged, whereupon payment to the Contractor shall be made, in accordance with the terms of the contract documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the HRC TDD to either the Contractor, his surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the HRC TDD shall be considered as a payment made under the contract documents by the HRC TDD to the Contractor and the HRC TDD shall not be liable to the Contractor for any such payments made in good faith. Article 5. GUARANTEE The Contractor and his surety hereby expressly guarantee the aforesaid work as to workmanship and quality of materials used in connection therewith, for a period of one year, commencing on the date of acceptance of the work or improvements, and binds himself, his successors, or assigns, to make all replacements which may become necessary within that time due to nonconformity with the specifications. Whenever notified by the HRC TDD that said replacements are required, the Contractor shall, at once, make the same as directed, and at his own expense. If the Contractor does not proceed with such replacements within five (5) days of receipt of written notice, the HRC TDD shall have the power to cause the same to be made and to charge the cost thereof to the Contractor. Nothing in this section is intended as a maintenance guarantee. 4

12 Article 6. INSURANCE The Contractor will be required to furnish Public Liability and Property Damage insurance in the amounts as specified in the general conditions and coverage to name the HRC TDD and the City of Brentwood, Missouri, in addition to the Contractor, so that the HRC TDD and the City of Brentwood are not only protected from all claims but also protected in that legal service will be rendered to defend all suits against the Contractor and the HRC TDD and/or the City. The Contractor shall be required to furnish the HRC TDD with satisfactory proof of carriage of the insurance and endorsement(s) required. Article 7. STATUTORY AND REGULATORY COMPLIANCE It is the responsibility of the Contractor to ensure compliance with all federal, state and local requirements, including, but not limited to, the following Revised Statutes of the State of Missouri: RSMo: Work Authorization RSMo. OSHA Training (et seq.) RSMo. American Products RSMo. Prevailing Wage It is the sole responsibility of the Contractor to ensure that this provision is satisfied; and the HRC TDD assumes no responsibility or liability for the failure to comply. Any penalty incurred as a result of noncompliance or failure to comply will be borne solely by the Contractor. Article 8. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, the Specifications, including Addenda Nos.,, and, the Bid, together with this Agreement, form the Contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written in three (3) counterparts, each of which shall, for all purposes, be deemed an original. HANLEY ROAD CORRIDOR TRANSPORTATION DEVELOPMENT DISTRICT ATTEST By (Chairman) (Title) (Contractor) ATTEST: By (Title) 5

13 Affidavit of Work Authorization Comes now (name) as (office held) first being duly sworn, on my oath, affirm (company name) is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the City of Brentwood Gateway Fountain Sod Project for the duration of the contract, if awarded in accordance with RSMo Chapter (2). I also affirm that (company name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services related to the City of Brentwood Gateway Fountain Sod Project for the duration of the contract, if awarded. In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section , RSMo). Signature Title Printed Name Date Subscribed and sworn to before me the day of. I am commissioned as a notary public within the county of, State of, and my commission expires on. Signature of notary Date 6

14 STATE OF MISSOURI ) ) ss COUNTY OF ) AFFIDAVIT OF OSHA TRAINING COMPLIANCE Before me, the undersigned Notary Public, personally came and appeared, of (NAME-PRINTED) (POSITION), (NAME OF COMPANY) (a corporation) (a partnership) (a proprietorship) and, after being duly sworn, did depose and say that all provisions and requirements set out in Section , Missouri Revised Statutes, pertaining to the 10- hour OSHA construction safety training of workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements. The referenced OSHA training is necessary in carrying out the contract and work in connection with the City of Brentwood Gateway Fountain Sod Project in the City of Brentwood, Brentwood, Missouri. Said training of all project workmen has been or will be undertaken within 60 days of commencement of construction of the project. The Contractor is to provide to the City copies of OSHA certifications cards of each project workman. (SIGNATURE) Subscribed and sworn to before me this day of, 20 My commission expires on: Notary Public 7

15 STATE OF MISSOURI ) ) ss COUNTY OF ) AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW Before me, the undersigned Notary Public, personally came and appeared, of (NAME) (POSITION) (NAME OF COMPANY) (a corporation) (a partnership) (a proprietorship) and, after being duly sworn, did depose and say that all provisions and requirements set out in Section 290, Sections through and including , Missouri Revised Statues, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No. 19 issued by the Division of Labor Standards on the 9 th day of March 2012, in carrying out the contract and work in connection with the City of Brentwood Gateway Fountain Sod Project located in the City of Brentwood, Brentwood, Missouri, and completed on the day of,20. (SIGNATURE) Subscribed and sworn to before me this day of, 20 My commission expires on: Notary Public 8

16 STATE OF MISSOURI ) ) ss COUNTY OF ) Comes now before me AFFIDAVIT OF AMERICAN PRODUCTS PURCHASE, of (NAME) (OFFICE HELD) (COMPANY NAME) being duly sworn on his/her oath, affirms that said company has complied with Missouri State Law Section RSMo regarding the purchase of manufactured goods or commodities used or supplied in the performance of the City of Brentwood Gateway Fountain Sod Project for the City of Brentwood, Brentwood, Missouri. I also affirm that (COMPANY NAME) did not and would not knowingly purchase or supply manufactured goods or commodities used on the aforementioned City of Brentwood projects, being compliant with the law. In affirmation thereof, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to penalties provided under Section RSMo). SIGNATURE (PERSON WITH AUTHORITY) (PRINTED NAME) (TITLE) (DATE) Subscribed and sworn to before me this day of, 20 My commission expires on: Notary Public 9

17 STATE OF MISSOURI ) ) ss COUNTY OF ) FINAL PAY AFFIDAVIT Know all men by those present that, (OFFICER S NAME) of lawful age, being duly sworn upon his oath deposes and says that he, of the, (TITLE) (COMPANY NAME) the Contractor engaged in the Gateway Fountain Sod Project Project in the City of Brentwood, Brentwood, Missouri and that no supplies and/or subcontractors have been used for such construction except those previously approved by the City of Brentwood, that all bills for labor and material incident to said project have been paid, that the laws relating to payment of prevailing wage rates have been complied with, that the said project is therefore free from all liens and encumbrances, and all amounts owing contractor have been paid in full. All lien waivers from the contractor and subcontractors are attached. IN WITNESS WHEREOF, the hereto, hereunto sets his hand and seal this day of, 20. (FIRM NAME) By Subscribed and sworn to before me this day of, 20 My commission expires on: Notary Public 10

18 Non-Collusion Affidavit NCA-1 being duly sworn in oath deposed and states: That in connection with this procurement, a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor; b. The prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly to any other bidder; or to any competitor; and, c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. The undersigned further states: a. He is the person in the bidders organization responsible within that organization for the decision as to the prices being bid herein and that he has not participated, and will not participate, in any action contrary to (I) (a) through (I) (c) above. b. He is not the person in the bidder s organization responsible within that organization for the decision as to the prices being bed herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (I) (a) through (I) (c) above, and as their agent does hereby so certify; and he has not participated, and will not participate in any action contrary to (I) (a) through (I) (c) above. The Contractor hereby attests to their intent to comply with the American with Disabilities Act. (ADA). It is expressly understood that the foregoing statements, representations, and promises are made as a condition to the right of the bidder to receive payment under any award made hereunder. For Corporations (NAME, INDICATE IF CORPORATION, PARTNERSHIP OR SOLE PROPRIETOR) (Corporate Seal) (OFFICE HELD IN BIDDER ORGANIZATION) ATTEST: By Subscribed and sworn to before me this day of, 20 My commission expires on: 11 Notary Public

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