1. Review the advertisement listed below.
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4. Await notification of bid access to enter pricing.

ADVERTISEMENT INVITATION FOR BIDS

Construction of Sidewalks Along South Barbier Street Addressing Drainage as Needed, 2017 Community Development Block Grant (CBDG) Program
City of Thibodaux, Louisiana

Sealed Paper Bids and Sealed Electronic Bids will be received by the City of Thibodaux in the Council Meeting Room, 2nd Floor, 310 West 2nd Street, Thibodaux, Louisiana, at 10:00 a.m. C.S.T. on Tuesday, August 14, 2018 and then at said office publicly opened and read aloud for the Construction of Sidewalks Along South Barbier Street Addressing Drainage as Needed, 2017 Community Development Block Grant (CBDG) Program, City of Thibodaux, Lafourche Parish, Louisiana, Engineer’s Project No. 2018-044, all as set forth in the Plans and Specifications and to be performed within the City of Thibodaux, Lafourche Parish, Louisiana.

Contract documents are on file in the office of the City of Thibodaux and the Project Engineer, David A. Waitz Engineering and Surveying, Inc., 1107 Canal Boulevard (P.O. Box 1203), Thibodaux, Louisiana and may be examined without charge. Copies may also be examined online through the following link:

https://www.dropbox.com/sh/fn2abugxhx6mfel/AABm3hxh-LtsYz8byWyuLZeEa?dl=0

Paper copies of the Plans and Specifications may be obtained by written request to the City of Thibodaux, or the Project Engineer. In accordance with Louisiana Public Bid Law, a deposit of $100.00 will be charged and, upon return of the plans and specifications in good (unmarked and reusable) condition within ten (10) days from the bid date, a refund of the full deposit will be issued. The cost of standard mailing, if required, shall be billed separately for an additional non-refundable $10.00 charge. Good Condition is defined as free of all pencil, pen, highlighter, and other marks, free of significant tears, and free of missing sheets or pages.

Proposals must be submitted on forms provided by the Engineer. Proposal forms will not be issued later than 48 hours prior to the hour and date set for the opening of the bids.

Electronic Bids: Electronic bids will be submitted through LaMATS e-Auction Services, www.lamats.net/bidding and https://lamats.eauctionservices.com/login (EASiBUY www.easibuy.com) prior to the bidding deadline. There is no cost to register or to submit electronic bids. Questions related to electronic bidding should be directed to Frank Jackson, fjackson@eauctionservices.com (769)798-6803.

Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for the classification of HIGHWAY, STREET AND BRIDGE CONSTRUCTION, HEAVY CONSTRUCTION OR MUNICIPAL AND PUBLIC WORKS CONSTRUCTION.

A Pre-bidders Conference shall be held on Tuesday, August 7, 2018 at 10:00 a.m. in the office of David A. Waitz Engineering and Surveying, Inc., 1107 Canal Boulevard, Thibodaux, Louisiana. The pre-bidders conference will be conducted to discuss the Plans and Specifications and Contractors are urged to attend in order that equal comprehension of the work is established.

Each bid must be accompanied by a bid bond, certified check, or cashier’s check in an amount equal to 5% of the correct total base bid in favor of or payable to the City of Thibodaux. Electronic bidders shall ensure that their bid bond, certified check or cashier’s check is received by the city at the city’s address in a sealed envelope appropriately marked as instructed prior to bid opening.

Each bid, whether delivered by mail, courier or electronically must be accompanied by a copy only of an original cashier’s check or a money order in the amount of 1% of the total base bid not to exceed four hundred ($400) dollars payable to: EASiBUY. The selected contractor will be required to mail the original cashier’s check or money order to 700 North Tenth Street, Baton Rouge, LA 70802, Attention: LaMATS e-Auction Services within three (3) business days of contract award.

The base bid will be to furnish all labor, material and manage¬ment to construct a concrete sidewalk from the southwest corner of Sucre Lane along South Barbier Street to the intersection of Talbot Avenue (La. Hwy. 3107) along the east side of South Barbier Street and other incidental work items as specified, all complete as indicated in the plans and specifications.

It will be the obligation of the bidder to figure and include within his bid the furnishing of a performance bond equal to one hundred (100%) percent of the correct total contract price. The surety company shall be a company satisfactory to the Engineers and acceptable to the City of Thibodaux. All bonds or security shall be in the forms prescribed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Rein¬suring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

Those submitting electronic bids shall ensure that their performance bond is received by the city at the address provided below in a sealed envelope appropriately marked as instructed prior to bid opening.

The contract shall not be in force or binding upon the Owner until such satisfactory bond has been provided. No surety company will be accepted as bondsman which does not have a permanent agent or representative in the State of Louisiana, upon whom notices referred to in the general conditions of these specifications may be served. Services of said notice on said agent or representative in the State of Louisiana shall be equal to service of notice on the president of the surety company or such other officer as may be concerned.

Should the Contractor’s surety, even though approved by the Engineer and accepted by the City of Thibodaux, subsequently remove its agency or representative from the State of Louisiana or become insolvent, bankrupt, or otherwise fail, the Contractor shall furnish a new bond with another company approved by the Engineers and the Owner, without additional cost to the Owner. The new bond shall be executed under the same terms and condi¬tions as the original bond.

The Contractor shall, in his proposal, state the estimated time of completion of this contract. Although not of prime consideration, the time of completion will be evaluated in awarding the project.

The Special Provisions provide for a completion time of 60 calendar days.

Liquidated damages for delay will be in the amount of $300.00 per day for each day over the proposed time limit. Bids must be submitted on the standard proposal form included in the Specifi¬cations and contract document package, filled out in accordance with the requirements of this proposal form. The Specifications and contract documents of the package should be submitted intact with the Proposal.

The successful bidder will enter into a legal contract with the City of Thibodaux, which will be prepared and executed by the City of Thibodaux.

The City of Thibodaux reserves the right to make award of con¬tract as best suits its interest and the right is reserved, as the interests of the City of Thibodaux may as suits its interest reject any or all bids for just cause. No bids may be withdrawn after the scheduled time for opening bids.

This project is financed through a grant from the U.S. Department of Housing and Urban Development and the City of Thibodaux.

The Attention of Contractors providing quotes is called particularly to the requirements for conditions of employment to be observed and minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109, Etc. Bidders must comply with Title VI of the Civil Rights Act of 1964, Davis-Bacon Act, Anti-Kickback Act, Federal Labor Standards provisions (HUD 4010) and all applicable laws and regulations of the Federal government and State of Louisiana and bonding and insurance requirements.

/s/ Jennifer Morvant
Jennifer Morvant, Council Administrator

Envelopes containing bids or bid bonds must be sealed, marked, and addressed as follows:

TO: CITY OF THIBODAUX
Attn: Ms. Jenny Morvant, Council Administrator
P. O. Box 5418
Thibodaux, LA 70302

BID FOR: CONSTRUCTION OF SIDEWALKS ALONG SOUTH BARBIER STREET ADDRESSING DRAINAGE AS NEEDED, 2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CBDG) PROGRAM, CITY OF THIBODAUX, LAFOURCHE PARISH, LOUISIANA, ENGINEER’S PROJECT NO. 2018-044

TO BE OPENED: TUESDAY, AUGUST 14 2018 at 10:00 a.m., C.S.T.

Publication Dates:
July 18, 2018
July 25, 2018
August 1, 2018

NOTICE TO BIDDERS INFORMATION

Sealed Paper Bids for the City of Thibodaux Construction of Sidewalks Along South Barbier Street Addressing Drainage as Needed, 2017 Community Development Block Grant (CBDG) Program Engineers Project #2018-044 will be received by the City of Thibodaux located at 310 West 2nd Street, Thibodaux, LA 70302 until 10:00 AM local time, August 14, 2018

Bids will be accepted electronically as well through EASiBuy and completed documents can be uploaded and bids must be placed on or before Friday, August 14, 2018 no later 10:00 A.M. CDT All Vendors submitting bids electronically must go to EASiBuy at http://ra.eauctionservices.com and register to bid.

Any questions regarding registration for the bid or reviewing and downloading any documents please contact the following:

Shellie Michael, Agent
EASiBuy
Phone 601-460-0360
Cell: 601-955-9229
Email: smichael@eauctionservices.com
or
Frank Jackson, Agent
EASiBuy
Phone: 601-665-4084
Cell: 769-798-6803
Email: fjackson@eauctionservices.com

SUPPLIER FEE

Please note that by agreeing to these terms and conditions, you will be obligated to pay a transaction fee to EASiBuy LLC on purchases made through the resulting contract. Please read the terms and conditions provided carefully before proceeding.

EASiBuy BIDDER TERMS AND CONDITIONS

EASiBuy LLC (“EASi”) does not verify or validate any buyer information provided or representations made by users on the Solution, and makes no warranty of any kind to you concerning any buyer offerings using the Solution. You acknowledge EASi, its employees, agents and partners make no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of any data and information available on the Solution, or residing or passing through its network, other than information and data that is provided directly to you from EASi. You further acknowledge any agreement entered into by you as the supplier of goods or services from a participating buyer is an agreement solely with such buyer, and EASi is in no way a party to or responsible for the performance of such agreement. Therefore: 1) EASi DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION ENTERED INTO BETWEEN A PARTICIPATING PERSON OR ENTITY AND A SUPPLIER, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND 2) EASi FURTHER DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING INFORMATION SUPPLIED, OR REPRESENTATIONS MADE, BY ANY BUYER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION RELATING TO PRODUCT SUITABILITY, SPECIFICATIONS, OR REQUESTED AVAILABILITY, OR THE TRUTHFULNESS OR ACCURACY OF ANY OTHER INFORMATION OR REPRESENTATION MADE OR SUPPLIED BY A BUYER OR ANY OTHER SUPPLIER INVOLVED IN THIS AGREEMENT.

BY YOUR AGREEMENT BELOW, AND BY SUBSEQUENTLY USING THE SOLUTION, YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH BELOW AND WITH ALL INSTRUCTIONS FOR USE POSTED ON THE SOLUTION.

READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE AGREEING. BY AGREEING, YOU WILL BE PERMITTED TO UTILIZE THE EASIBUY LLC (“EASI”) INTERNET-BASED STRATEGIC SOURCING SOLUTION (“SOLUTION”) FOR THE PURPOSE OF PARTCIPATING IN THIS ONE-TIME, ON-LINE BIDDING EVENT. YOU WILL BE ALLOWED TO RECEIVE REQUESTS FOR INFORMATION AND QUOTATIONS AND TO SUBMIT BIDS AND PROPOSALS NECESSARY IN PARTICIPATING IN THE ONLINE BIDDING EVENT. SHOULD YOU CHOOSE NOT TO AGREE TO THIS AGREEMENT PRIOR TO THE ON-LINE BIDDING EVENT, YOU WILL BE DENIED ACCESS TO THE SOLUTION AND THE BIDDING EVENT.

1. Utilization. You are granted a one-time, non-transferable, non-exclusive right to access the Solution through EASiBuy website by the use of a password(s) and/or access code(s) for the purpose of participating in a specific electronic online bid auction event. Any subsequent rights to access the Solution will require you to accept a new “Supplier Agreement Terms and Conditions”. EASi reserves the right to terminate your access to the Solution or any of its services at any time, if EASi shall determine, in its sole discretion, that you have violated any term(s) of this Agreement with respect to your access to and use of the Solution. In the event of such termination, EASi shall notify you immediately.

2. Responsibilities of the Parties. Subject to the terms and conditions of this Agreement, EASi will make available to you electronic access and use of the Solution for you to participate in a one-time, online bidding event. EASi will also provide such other assistance in the way of customer support and service as are set forth below. It is solely your responsibility when using the Solution to comply with all applicable local, state and federal statutes, ordinances, regulations, and policies governing the sales of goods or services by your company. EASi shall have no responsibility for ensuring sales of goods or services using the Solution will comply with such laws, ordinances, regulations, or policies. The Supplier, in using the system, has the responsibility for the sale including, but not limited to, the following:

  • Accepting the terms and conditions of this agreement as contained in the Bid Package not less than 3 business days in advance of a scheduled event
  • Selecting appropriate procurement opportunities to participate
  • Preparing and assuring the completeness of any bids, quotes or proposals
  • Submitting any bids, quotes or proposals electronically within the buyer established deadlines
  • Maintaining with the Buyer, the security and the integrity of the bid procurement process
  • Participating in any Pre-bid Conference(s) and telephonic tutorial for suppliers prior to an electronic event
  • Compliance with all applicable legal requirements
  • Establishing and adhering to the terms and conditions of buyer contracts
  • Assuring proper authorization to enter into a contract and the proper administration of any resulting contract

As a supplier, you also acknowledge that EASi’s responsibilities are, but not limited to, the following:

  • Clarifying bidding processes and timelines
  • Hosting telephone tutorials with all suppliers on utilization of the electronic bid process
  • Participating in any Pre-bid Conference(s)
  • Conducting the electronic bid event and providing help desk support during the event
  • Publishing appropriate results to the users and obtaining feedback from participants

3. Conduit Services Only. The Solution provides only an Internet conduit through which the following may take place: (a) you may communicate the availability of your goods and services to potential buyers, (b) potential buyers may communicate their procurement needs to you and © you may respond to requests for quotations, bids or proposals in online bidding events. You will be entitled only to respond to requests of potential buyers for quotations, bids or proposals if you have accepted the terms and conditions of the Supplier Agreement. EASi makes no representation of any kind concerning the reputation, reliability or any other matter concerning participating buyers. EASi recommends you conduct your own inquiries concerning the qualifications and reputation of buyers, and you must look only to the buyers with whom you choose to transact business for performance of any agreements with them.

4. Buyer Representations and Warranties. EASi does not verify the information supplied or representations made by buyers on the Solution and makes no warranty of any kind to you concerning any buyer using the Solution. EASi recommends you look solely to the buyer with respect to any buyer-related information, representations and warranties.

5. Coded Access. Participation in the online bid event is available only to persons and entities who have read and agreed to the terms of this Agreement and who have been assigned access code(s) and/or password(s). You agree not to divulge your access codes or passwords to any other person or entity. EASi is not responsible for such unauthorized use of the Solution.

6. Availability and Operation of the Solution. While every effort will be made to keep the Solution operating during all scheduled hours of operation, no guarantee of uninterrupted operation can be given. You agree the services provided on the Solution are provided as is and that neither you nor your business will have any claim against EASi as a result of any non-availability of the Solution at a particular time or times or any failure of the Solution to operate as intended.

7. Sole Remedy. If you are dissatisfied with the functionality of this Solution or the services EASi provides, your sole remedy is to cease using the Solution. YOU AGREE THAT YOU HAVE, AND WILL HAVE, NO CLAIM OR RIGHT OF ACTION OF ANY KIND AGAINST EASi RELATED TO YOUR USE OF THE SOLUTION.

8. Virus. You hereby agree EASi will not be liable for any harm that may be caused by the inadvertent or deliberate transmission of any malicious computer software, or such other computer program transmitted through its website from a third party.

9. Information You Provide. You agree any information you provide about yourself or your agents when registering to use the Solution is accurate, current and complete and you will maintain and update that information to ensure that it remains as such. If EASi suffers any claim or incurs any liability as a result of information entered into the Solution by users of your account, you and your business will indemnify EASi against such claim or liability including costs and attorneys fees incurred in defending against it.

10. Security. EASi uses industry-standard security measures to safeguard any information you may provide to us on our website. You, your organization and/or your agents have the responsibility to manage your internal security by safeguarding passwords and establishing your own internal security procedures, to assure the proper use of the Solution. In the event of any compromise in the security of the Solution, you agree to immediately report the same to EASi and a new password will be assigned for your use. EASi does not and cannot guarantee that information will remain secure.

11. Fees. The design, maintenance and operation of the Solution requires substantial costs and investment by EASi. Thus, a transaction fee (“Transaction Fee”) based on the total final purchase price stated upon award will be charged to the awarded supplier. The Transaction Fee for specific products and services for each event shall be owed by you and your company upon the execution of each awarded sale resulting from your submission of any request for quotations through this Solution. You hereby acknowledge that once you have viewed or received a request for quotation through or as a result of the Solution, and submitted an initial quotation of which a sale has ultimately been consummated as a result thereof, whether or not consummated through the Solution or other forms of bids or negotiations, you are obligated to pay the Transaction Fee to EASi if you are the awarded supplier. Said Fee will be assessed to the awarded supplier as follows.

Awarded Supplier Payment Terms and Conditions: The Awarded Supplier will be responsible to pay the Transaction Fee of one (1%) percent of the total Bid Amount to EASi for all payments received from the Buyer, any of its political subdivisions or any other entity (the “Buying Agent”) resulting from this bidding event or subsequent contract.

Upon notification of award from the Buyer, and start of the Contract the Awarded Supplier is required to provide original Check that was provided with your bid response.

One-Time Purchase Contracts: Upon Notification of Award Payment is due Within fifteen (15) days after Contract Start the Awarded Supplier is required send EASI original Check that was accompanied with bid response.

Term Purchase Contracts: For Term or ongoing purchases, Awarded Supplier is required to enter into the Solution all Buying Agent payments received (the “Payment” or “Payments”) and details of the items, quantities and prices associated with those Payment(s) received within ten (10) days of the end of each month. If Awarded Supplier fails to enter Buying Agent payment information by the 10th of the month EASI will charge to Supplier’s Preferred Transaction Fee Payment Method an amount equal to one month of the overall contract value estimated by the Buying Agent times the Transaction Fee percentage. The Transaction Fee will be charged to your Preferred Transaction Fee Payment Method on the fifteenth of each month.

Audit Right: the Buying Agent and EASi reserve the right to audit the accuracy of the Transaction Fees. Audits shall be conducted during regular business hours, upon not less than fifteen (15) business day’s prior written notice, and in such a manner as not to unreasonably interfere with the Awarded Supplier’s normal business activities. Transaction Fees will be due immediately for any errors or omissions disclosed by any such audit. If, as a result of any such audit, Transaction Fees are determined to have been underpaid by more than five percent (5%) for the period audited, Awarded Supplier shall pay for the costs of such audit.

12. Disclosures. You acknowledge by using the Solution, you agree to provide EASi accurate and complete information regarding (a) any agreement entered into by you with a participating buyer through or as a result of any online bidding event conducted through the Solution; (b) the final price agreed upon between you and the participating buyer with respect to the product or service sold to such buyer, and © the date payment (whether a payment in full or a partial or installment payment) is delivered to you by any buyer pursuant to any agreement entered into by you with a participating buyer through or as a result of any online bidding event conducted through the Solution. You understand and acknowledge you are to provide this information to EASi immediately upon becoming aware of such information and EASi relies upon your delivery of such information for the calculation and payment of its fees as set forth in Section 11.

You acknowledge and agree the buyers conducting online bidding events through the Solution may be governmental or quasi-governmental entities, and that, prior to entering into any binding agreement with you for the purchase of any product or service, such buyers may be required to comply with numerous state and local laws, regulations and ordinances with respect to the procurement of goods and services by governmental entities. You acknowledge and agree such compliance by participating buyers may involve public notice, public hearings, counsel meetings, and other lengthy processes.

13. Privacy Policy. You hereby acknowledge EASi has the right to monitor the Solution electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate its service properly, or to protect itself or its users. EASi reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable or in violation of this Agreement.

The information we receive depends on what you do when visiting the Solution. If you visit the Solution to read or download information, we collect and store only the following information about you: the name of the domain and host through which you access the Internet (for example, aol.com if you are connecting from an America Online account), and the date and time you access the Solution. We use this information to measure the number of visitors to different sections of the Solution, so that we can make the Solution more useful to our visitors. If you actively participate in using or providing any of the services offered through the Solution, we collect and store the personally identifiable information needed to facilitate this participation (typically your name, company name, mailing address, email address).

If you wish to use a link to another website or to do business with another user of the Solution, you may be asked by the other user to provide certain confidential information. You agree not to hold EASi responsible for any loss or damage of any sort incurred as a result of any such disclosure to another user through the Solution. We do not control the collection or use of this information, and make no representations about the privacy policies of other sites.

14. Reselling or Transfer. You agree not to resell or transfer your right to use the Solution to anyone, and you will not allow your access code or password to be used by any other company or unauthorized person.

15. Access to Internet. You agree that in order to use the Solution you must: (a) provide your own access to the Internet, and (b) provide all equipment necessary for you to make the connection to the Internet. EASi is not responsible for the speed, reliability and/or quality of your connectivity to the Internet.

16. Interference with Others. You agree not to use the Solution in a manner that would restrict or inhibit any other party’s use of such services.

17. Links to Other Sites. This Solution may link you to other sites on the Internet. These links are provided for your convenience but the sites to which the links connect are not under EASi’s control. You understand and agree that the linking of the system to other sites does not mean that these sites are endorsed by EASi, and EASi is not responsible for the legality, accuracy or any other aspect of the operation or content of any sites to which links are provided.

18. Copyright – How you May Use the Content of the Solution. The content of this Solution (the “Content”) is protected by intellectual property laws of both the United States and foreign jurisdictions. You may download, use, and copy the materials found on the Solution for your internal business use only, provided that all copies that you make of the material must bear any copyright, trademark, or other proprietary notice located on the Solution which pertains to the material being copied. This material is not for republication, except as authorized in this paragraph. You are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the services, processes, or technology described therein. All such rights are retained by EASi and/or any third party owner of such rights. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. None of the Content, including any software, may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of EASi, except as described herein. Nothing in this paragraph prohibits you from printing, using or reproducing any records or reports of your transactions using the Solution.

19. Framed Links. You may not create framed links to the Solution without express written permission from EASi.

20. Modification. EASi, in its sole discretion, has the right to modify this Agreement at any time. Any modification is effective upon either posting notice of such modification on EASi’s website or upon notice by certified mail. Your continued use of the Solution following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications.

21. Non-Circumvention. You agree you will not, directly or indirectly, take any action with the Buyer or any other Suppliers involved in this specific event which circumvents or attempts to circumvent the intent or purpose of this Agreement. Further, you agree that once (1) you have agreed to the terms and conditions contained herein and 2) electronically viewed or received a specific request for quotations from a buyer through the Solution, you will not, directly or indirectly, enter into any agreement related to such specific request for quotations with such buyer outside the Solution or in any manner such as paper or verbal bids which would result in your failure to pay to EASi the fee set out in Section 11 hereof. You agree to maintain confidentiality between the Buyer, your company and its representatives and EASi regarding the submission of quotations and subsequent pricing before and during the online bidding event.

22. Governing Law. This Agreement and the rights of the parties to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to or application of its conflict of laws principles.

23. Partial Enforceability. If any provision of this Agreement, or the application of any provision to any person, entity or circumstance shall be held invalid, illegal or unenforceable, then the remainder of this Agreement, or the application of that provision to persons, entities or circumstances other than those with respect to which it is held invalid, illegal or unenforceable, shall not be affected thereby.

24. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements, negotiations, correspondence, undertakings and communications between such parties representing such subject matter.

25. No Consequential Damages. Except as prohibited by law, each party hereto waives any right it may have to claim or recover any special, exemplary, punitive or consequential (including business interruption), or any damages other than, or in addition to, actual damages.

26. Headings. The headings in this Agreement have been included solely for ease of reference and shall not be considered in the interpretation or construction of this Agreement.

BY CHECKING THE “AGREE” BOX ON THE FORM PROVIDED YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS IN THEIR ENTIRETY.

I understand that if “I Do Not Accept” the terms listed in this Agreement or if I do not respond to this Agreement, EASi cannot allow me or my company to participate in the online bid.

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