22-045-300 Contract for Bidding (20260821).pdf
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- Solicitation number
- 22-045-300
- Issued by
- Harris County, Texas
About this file
Summary
This is a contract bidding document for Lift Station No. 2 Rehabilitation issued by Northwest Harris County Municipal Utility District No. 24, located in Harris County, Texas, with engineering services provided by Odyssey Engineering Group, LLC. The project consists of rehabilitation, replacement, and coating of lift station piping, along with replacement of lift station interior coating. The scope of work includes 15 main bid items (A1-A15) plus 2 miscellaneous items (B1-B2), encompassing activities such as temporary bypass pumping installation, solids and sludge removal, concrete pressure washing, vent piping replacement, chemical grout injection, concrete surface preparation, safety grate installation, drain line replacement, and interior wet well coating applications. Sealed bids were due electronically or in-person by 3:00 p.m. Local Time on September 9, 2026, with public opening at Odyssey Engineering Group's Houston office. A non-mandatory pre-bid conference was scheduled for September 2, 2026, at 3:00 p.m. Local Time, held remotely via Microsoft Teams or in-person. The contractor must achieve substantial completion within 120 calendar days after the Notice to Proceed and final completion within 150 calendar days.
Bid security in the amount of two percent of the total bid amount is required, submitted as either a bid bond or certified/cashier's check. The successful bidder must provide performance bonds and payment bonds each equal to 100 percent of the contract price, along with a one-year maintenance bond for 100 percent of construction costs. Surety companies must hold a minimum Best Key Rating of "B+" or better and be authorized to conduct business in Texas. Liquidated damages are assessed at $500 per calendar day for failure to meet completion deadlines. Economic disincentives are listed as "NONE." Contractor must comply with prevailing wage requirements specified in Attachment B, with penalties of $60 per worker per day for non-compliance. The owner is exempt from Texas sales and use taxes as a political subdivision, and all bidders must submit a completed Texas Ethics Commission Form 1295 with their bid. Bids must be submitted on prescribed forms in duplicate for paper submissions, with all required documentation and insurance certificates due within seven days of award notification.
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Text version
CONTRACT DOCUMENTS AND
TECHNICAL SPECIFICATIONS
Lift Station No. 2 Rehabilitation to Serve Northwest Harris County Municipal Utility District No. 24
NORTHWEST HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 24
Project #:22-045-300
Odyssey Engineering Group, LLC.
2500 Tanglewilde Street, Suite 300
Houston, Texas 77063
TBPELS F-17637 & 10195040
September 2026
Owner:
Engineer:
Northwest Harris County Municipal Utility District No. 24
8/21/2026
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
LIFT STATION NO. 2 REHABILITATION TO SERVE
TABLE OF CONTENTS
INVITATION TO BIDDERS
INSTRUCTION TO BIDDERS
DEFINITION OF TERMS
ACKNOWLEDGEMENT OF BIDDERS
BID PROPOSAL
CONTRACT
GENERAL CONDITIONS TO THE CONTRACT
ATTACHMENT A – INSURANCE REQUIREMENTS
ATTACHMENT B – MINIMUM WAGE RATE SCALE
ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT
SPECIAL CONDITIONS OF THE CONTRACT PART A – PROJECT INFORMATION
TEXAS SALES USE AND TAX EXEMPTION CERTIFICATE
PAYMENT BOND
PERFORMANCE BOND
MAINTENANCE BOND
W-9 FORM
TECHNICAL SPECIFICATIONS
SAMPLE FORMS:
AFFIDAVIT OF BILLS PAID
WAIVER AND RELEASE OF LIEN UPON PARTIAL AND FINAL PAYMENT
LETTER OF GUARANTOR
REQUEST FOR ADDITIONAL TIME
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehabilitation/12.02 Contracts/12.02.03 Original Documents/003_ Invitation to Bidders.docx
NORTHWEST HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 24 Dates: August 21, 2026 and August 28, 2026
INVITATION TO BIDDERS
Sealed Bids addressed to Odyssey Engineering Group, LLC, Attention: President, Board of Directors of
Northwest Harris County Municipal Utility District No. 24, will be received electronically using the
CivCast USA website (www.CivCastUSA.com)or at the office of Odyssey Engineering Group, LLC, 2500
Tanglewilde Street, Suite 300, Houston, Texas 77063 until 3:00 p.m. Local Time, September 9, 2026, and then publicly opened and read at the office of Odyssey Engineering Group, LLC, 2500 Tanglewilde Street, Suite 300, Houston, Texas 77063 for the following project:
Northwest Harris County Municipal Utility District No. 24, Harris County, Texas
Lift Station No. 2 Rehabilitation to Serve Northwest Harris County
Municipal Utility District No. 24
Odyssey Project No.: 22-045-300
In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed
Bids via Microsoft Teams. To join via Microsoft Teams, follow the instructions that will be uploaded to
CivCast.
Scope of Work of the Contract Documents includes the following: Project consists of rehabilitation of replacement and coating of lift station piping, and replacement of lift station interior coating.
The above-described construction will be performed in accordance with plans and specifications and any addenda thereto which may be issued prior to the opening of bids. Plans, specifications and bid documents may be viewed and downloaded free of charge or the option to purchase hard copies on the CivCastUSA Website (www.CivCastUSA.com): search 22-045-300. Bidders must register on this website to view and/or download specifications, plans, soils report, and environmental reports for this
Project.
Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held remotely via Microsoft Teams or in-person on September 2, 2026, at 3:00 p.m. Local Time, at the offices of Odyssey Engineering Group, LLC, 2500 Tanglewilde Street, Suite 300, Houston, Texas 77063.
Instructions for call-in and for remote meetings are available at www.CivCastUSA.com.
Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.
A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Owner’s
Order Adopting Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.civcast.com. Bidder must register on this website to submit a Bid and Bid
Security and there is no charge to submit Bids and Bid Securities on this website.
By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an Electronic Signature, as defined by and in accordance with
Owner’s Electronic Signature Rules for Construction Contracts, if adopted by the District.
http://www.civcastusa.com/
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehabilitation/12.02 Contracts/12.02.03 Original Documents/003_ Invitation to Bidders.docx
The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.
MUNICIPAL UTILITY DISTRICT NO.24 INSTRUCTIONS TO BIDDERS
1109700 Instructions to Bidders September 2023
INSTRUCTIONS TO BIDDERS
1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.
All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder;
if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.
The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must be shown together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown below the signature.
When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State contractor license number, if any, must also be shown.
The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.
2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.
Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com system for such information to Engineer not less than two (2) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.
MUNICIPAL UTILITY DISTRICT NO. 24 INSTRUCTIONS TO BIDDERS
Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.
Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.
3. PRE-BID CONFERENCE. A pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.
4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents. If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.
5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a one-year (1) Maintenance Bond for one hundred (100) percent of the cost of the construction of the improvements that will be owned by Northwest Harris County Municipal Utility District No. 24. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation.
For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.
It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.
If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner; Developer, if there is a Special Conditions of the Contract Part B; and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.
6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.
7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.
Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.
8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.
9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.
10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.
11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.
12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.
13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code
Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is Northwest Harris County Municipal Utility District No. 24, the contract ID number is 22-045-300; and the description of goods and services is Lift Station No. 2 Rehabilitation to Serve Northwest Harris County Municipal Utility District No. 24. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT THEIR
TEC FORM 1295 WITH THEIR BID.
14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid. Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.
In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.
Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.
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 bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.
BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL INVESTIGATIONS
INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE, AND OTHER FACTORS
PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK, AS OWNER DEEMS NECESSARY IN ITS
SOLE DISCRETION, AND FOR THAT PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC
AUTHORIZATION TO PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH
SUCH INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER
AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF
A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR
UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER, ENGINEER, DEVELOPER AND THEIR
RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS (“THE
EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (2) WAIVER OF ANY
REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3)
ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.
Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.
If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.
If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty (60) days after the day of the Bid opening. All bidders must honor their Contract Price on their bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.
Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section
5.20 of the General Conditions of the Contract. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.
15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.
16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least three (3) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder up to six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.
17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER. The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.
https://www.lawinsider.com/clause/counterparts-and-electronic-signatures
18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract and Special Conditions of the Contract Part B, if attached.
19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.
Owner, Engineer, and Developer, if applicable, disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others.
Owner, Engineer, and Developer, if applicable, further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.
20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.
(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.
The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of Owner.
(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.
21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner.
Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount “NONE” for each such calendar day.
The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.
23. LIQUIDATED DAMAGES. The Contractor and the Owner agree that with regard to all dates, time periods, and deadlines set forth or referred to in this Contract, time is of the essence. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach is incapable or very difficult of ascertainment. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the terms of the Contract (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for liquidated damages in the amount of $500 for each such calendar day, which sum the parties agree is a reasonable forecast of just compensation for the damages the Owner will sustain per day that the Work remains uncompleted. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s Bond.
MUNICIPAL UTILITY DISTRICT NO 24 DEFINITION OF TERMS
III
DEFINITION OF TERMS
Wherever in these specifications or in the contract or bond, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:
1. INSPECTOR: The authorized representative of the Engineer assigned to supervise and inspect any or all parts of the work and the materials to be used therein.
2. BIDDER: An individual, firm or corporation submitting a proposal.
3. SUPERINTENDENT: The authorized representative of the Contractor.
4. SURETY: The corporate body, which is bound with the Contractor for the faithful performance of the work, covered by the contract.
5. LABORATORY: Any recognized testing laboratory approved by the Owner and
Engineer.
6. PROPOSAL: The offer of the bidder, made out on the prescribed forms, giving prices for performing the work described in the plans and specifications.
7. PROPOSAL GUARANTY: The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded the work.
8. A.S.T.M.: American Society for Testing Materials
9. A.A.S.H.T.O.: American Association of State Highway and Traffic Officials.
10. SCREEN AND SIEVES: As defined by the A.S.T.M.
11. A.W.W.A.: American Water Works Association.
12. O.S.H.A.: Occupational Safety and Health Administration.
MUNICIPAL UTILITY DISTRICT NO. 24_ ACKNOWLEDGEMENT OF BIDDERS
ACKNOWLEDGEMENT OF BIDDERS
The Contractor acknowledges that they have carefully read and reviewed the Bidding Documents, Construction Plans, General Conditions, Special Conditions, Technical Specifications and other documents identified within the Bidding Documents. The Contractor agrees to complete the work described by the construction plans and these Bidding Documents and commits, upon Award of the Contract, to enter into the Agreement and provide the requesting documents as presented and described herein.
Further, the Contractor acknowledges and agrees that time is of the essence for this contract and a failure to perform, as described within the General and Special Conditions, could result in the Owner assessing liquidated damages, the nature of which are described within the General and Special Conditions of the Bidding Documents. In addition, Contractor acknowledges Subchapter J, Chapter 552, Government Code, which may apply to this contract and agrees to its terms.
Contractor acknowledges the following Addendum:
Pre-bid Agenda_________ Addendum No._________ Addendum No._________
Addendum No._________ Addendum No._________ Addendum No._________
By signing below, the Contractor indicates that they submit the enclosed bid form for the following project:
LIFT STATION NO. 2 REHABILITATION TO SERVE
BIDDER INFORMATION
Firm
Address
City, State, Zip
Phone Number & Email Address
Name - Printed
Signature
Attest Signature
SURETY INFORMATION
Firm
Address
City, State, Zip
Phone Number & Email Address
Seal, if Corporation
BID PROPOSAL
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
A1. Install temporary bypass pumping with redundant pump, controls, pipe sound attenuator, and fittings during rehabilitation.
Firm capacity of 434 gpm at 17-Feet TDH and remove upon project completion
LS 1 $____________ $____________
A2. Remove and dispose of solids, sludge in accordance with TCEQ rules and regulations
LS 1 $____________ $____________
A3. Furnish all materials, labor to pressure wash existing lift station concrete valve pad with mild detergent with a low pressure spray of
3,500-5,000 psi
EA 1 $____________ $____________
A4. Remove and replace 6-Inch well vent piping per specifications
LS 1 $____________ $____________
A5. Sawcut, remove and replace existing concrete pavement for replacement of Wet Well Vent
Piping
SF 10 $____________ $____________
A6. Inject chemical grout to stop identified leaks.
Price to include drill holes, packers, preparing the surface, pumping grout into the crack per manufacturer's recommendation (to be determined by Engineer)
EA 5 $____________ $____________
A7. Surface preparation of concrete in the wet well per SSPC-SP13 (dry abrasive blasting) per specifications
LS 1 $____________ $____________
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
LIFT STATION NO. 2 REHABILITATION TO SERVE
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
BID PROPOSAL
LIFT STATION NO. 2
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehab/12.02 Contracts/12.02.01 Bid Proposal/[Bid Proposal_22-045-300.xlsx
8/20/2026
LIFT STATION NO. 2 REHABILITATION TO SERVE
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
BID PROPOSAL
LIFT STATION NO. 2
A8. Clean and repair concrete with severe surface deterioration with 1-Inch thick mortar clad or equal cementitious liner over entire interior of wet well
LS 1 $____________ $____________
A9. Apply approved 100% solids system per specifications to interior of wet well after cementitious liner cured per manufacturer's recommendation
LS 1 $____________ $____________
A10. Apply additional cementitious liner in 1-Inch thick increments in areas of additional deterioration of concrete as determined by the
Engineer that exceeds the minimum 1-Inch thickness in item A8.
SF 200 $____________ $____________
A11. Furnish and Install Safety Grate (Fall
Protection) in wet well access hatch per plans.
Ensure that access to wet well is not permanently obstructed during or after construction.
EA 1 $____________ $____________
A12. Remove and replace 4-Inch Vault Pit Drain
Line w/ Flap Gate per specifications. Prepare surfaces and coat piping per specifications.
LS 1 $____________ $____________
A13. Chip out, remove and replace concrete wet well wall for replacement of 4-Inch Vault Pit
Drain Line w/ Flap Gate. Seal annular space with chemical non-shrink grout or link seal.
LS 1 $____________ $____________
A14. Remove and replace existing 6-Inch wet well
D.I. piping up to proposed flange. Prepare surfaces and coat piping per specifications.
LS 1 $____________ $____________
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehab/12.02 Contracts/12.02.01 Bid Proposal/[Bid Proposal_22-045-300.xlsx
LIFT STATION NO. 2 REHABILITATION TO SERVE
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
BID PROPOSAL
LIFT STATION NO. 2
A15. Remove existing 6-Inch MJ wet well fitting and replace with 6-Inch flanged fitting and flanged coupling adapter. Prepare surfaces and coat piping per specifications
EA 2 $____________ $____________
TOTAL LIFT STATION NO. 2 ITEMS: $____________________
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehab/12.02 Contracts/12.02.01 Bid Proposal/[Bid Proposal_22-045-300.xlsx
B1. Mobilization, Bonds and Insurance as required by contract documents
LS 1 $____________ $____________
B2. Site restoration to as good as or better than existing conditions
LS 1 $____________ $____________
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
LIFT STATION NO. 2 REHABILITATION TO SERVE
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
BID PROPOSAL
MISCELLANEOUS
TOTAL MISCELLANEOUS ITEMS: $____________________
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehab/12.02 Contracts/12.02.01 Bid Proposal/[Bid Proposal_22-045-300.xlsx
ITEM DESCRIPTION AMOUNT
A. Lift Station No. 2 $____________
B. Miscellaneous $____________
TOTAL AMOUNT BID: $____________________
BID SUMMARY
LIFT STATION NO. 2 REHABILITATION TO SERVE
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24
BID PROPOSAL
Projects/2022/22-045-300/12.00 Construction/LS No. 2 Rehab/12.02 Contracts/12.02.01 Bid Proposal/[Bid Proposal_22-045-300.xlsx
CONTRACT
MUNICIAPL UTILITY DISTRICT NO. 24 CONTRACT
008b_Contract.docx Contract 1 of 2 September 2023
CONTRACT
STATE OF TEXAS }
COUNTY OF HARRIS }
THIS CONTRACT (“Contract”) is made and entered into this _____ day of _________________, 2026 by and between NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 (the “Owner”) c/o The Harris Law Firm, 8 Greenway Plaza, Suite 1025, Houston 77046 of Harris County, Texas, and _______________, _____________, of the City of , County of ___________, and State of Texas, hereinafter termed “Contractor.”
All capitalized terms used herein shall be given the meanings set forth in the General Conditions of the Contract. Odyssey Engineering Group, LLC shall be referred to herein as the “Engineer.”
For and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows:
Contractor shall commence and complete the Work generally described as follows:
Lift Station No. 2 Rehabilitation to Serve Northwest Harris County Municipal Utility District No. 24 for Northwest Harris County Municipal Utility District No. 24, Harris County, Texas, according to those Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all Extra Work in connection therewith, under the terms as stated in the Contract Documents, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all Contract Documents and is thoroughly familiar therewith.
The Contractor hereby agrees to begin work within ten (10) calendar days after the written Notice to Proceed has been given by the Engineer. Contractor hereby also agrees to achieve Substantial Completion of the Work within 120 calendar days after the date of the written Notice to Proceed and to achieve Final Completion of the Work within 150 calendar days after the date of the written Notice to Proceed.
Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents for the initial Contract Price of _____________________________________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract Documents. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as allowed by the
MUNICIAPL UTILITY DISTRICT NO. 24 CONTRACT
008b_Contract.docx Contract 2 of 2 September 2023
Contract Documents and, if applicable, approved by Change Order under the Contract Documents, and to make payments on account thereof as provided therein. If included as Special Conditions of the Contract Part B, the Developer shall act as “Owner” for the purposes of all payments.
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in the year and day first above written.
NORTHWEST HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 24
Owner
ATTEST: By:
Name:
Title:
CONTRACTOR NAME
Contractor
ATTEST: By:
Name:
Title:
(The following to be executed if Contractor is a corporation)
I, _________________________________, certify that I am the secretary of the corporation named as Contractor herein; that _________________________________________________, who signed this Contract on behalf of Contractor, was then _______________________________ __________________________ of said corporation; that said Contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
Signed:
Corporate Seal
ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID. THE OWNER WILL
NOT AWARD THE CONTRACT WITHOUT THE COMPLETED TEC FORM 1295 NOTED IN THE
INSTRUCTIONS TO BIDDERS.
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.
MUNICIPAL UTILITY DISTRICT NO. 24 GENERAL CONDITIONS OF THE CONTRACT
1109715 General Conditions of the Contract Page 1 of 41 September 2023
GENERAL CONDITIONS OF THE CONTRACT
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS
ARTICLE II. CONTRACT DOCUMENTS
ARTICLE III. PRELIMINARY MATTERS
ARTICLE IV. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS
ARTICLE V. CONTRACTOR’S RESPONSIBILITIES/INDEMNITIES
ARTICLE VI. ENGINEER’S STATUS DURING CONSTRUCTION
ARTICLE VII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS
ARTICLE VIII. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY
ARTICLE IX. MINIMUM WAGE RATE SCALE/PRICE FOR WORK/ PAYMENTS TO
CONTRACTOR
ARTICLE X. SUBSTANTIAL COMPLETION, PARTIAL USE,
FINAL COMPLETION AND ACCEPTANCE…………………………
ARTICLE XI. SUSPENSION OF WORK/ TERMINATION/ DEFAULT
ARTICLE XII. MISCELLANEOUS
ATTACHMENT A – INSURANCE REQUIREMENTS
ATTACHMENT B – MINIMUM WAGE RATE SCALE
ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT
1109715 General Conditions of the Contract Page 2 of 44 September 2023
GENERAL CONDITIONS OF THE CONTRACT
ARTICLE I. DEFINITIONS
1.01. DEFINITIONS. The following terms shall be defined as described below unless such definition is expressly modified by the Contract Documents. Any capitalized terms used in the Contract Documents not defined in this Section shall have the meaning assigned to such term under the Contract Documents.
a. Bid. The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
b. Bond(s). Performance bonds, maintenance bonds and payment bonds, or any of them, as required by the Contract Documents.
c. Change Order. A document signed by Contractor, Engineer, and Owner and entered into in accordance with the Contract Documents that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the time for completion.
d. Claim. A “Claim” is a claim, demand, or assertion by the Contractor seeking for itself or on behalf of a subcontractor or supplier: adjustment or interpretation of any Contract term, including without limitation, adjustment of the Contract Price or Contract Time; payment of money; relief from obligations; or other relief or recovery with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question asserted by the Contractor (whether for itself or on behalf of a subcontractor or supplier) arising out of or relating to the Contract.
e. Contract. The entire and integrated written agreement between the Owner and Contractor concerning the Work, including the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.
f. Contract Documents. The Bid, Contract, Instructions to Bidders, General Conditions, Addendum to the General Conditions, Special and Supplemental Conditions, if any, Technical Specifications, Plans, Change Orders, any written amendment to the Contract signed by Contractor, Engineer, and Owner, Written Work Orders, addenda issued by Engineer, and all other documents designated as incorporated by reference. Documents incorporated by reference are Contract Documents, whether attached or not. Approved Shop Drawings and other Contractor’s submittals, inspections, and reports, such as testing of subsurface and physical or environmental conditions, are not Contract Documents and are not part of the Contract.
g. Contractor. The entity with whom Owner has entered into this Contract.
1109715 General Conditions of the Contract Page…
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