4-BCE Preselection - App C - TWDB Reference Documents.pdf

BRUSHY CREEK REGIONAL

WASTEWATER SYSTEM EAST PLANT

EXPANSION TO 40 MGD AND REHAB

SELECTION OF EQUIPMENT

SUPPLY PACKAGES

APPENDIX C

TWDB REFERENCE DOCUMENTS

Prepared by:

PLUMMER | 8911 N Capital of Texas Hwy, Suite 1350| Austin, TX 78759

TBPE REGISTERED FIRM NUMBER F-13

September 2025

PRESELECTION

Project #: 0982-018-01

PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS

REQUESTS FOR PROPOSALS

BRUSHY CREEK REGIONAL WASTEWATER SYSTEM

SELECTION OF EQUIPMENT SUPPLY PACKAGES

FOR THE EAST PLANT

EXPANSION TO 40 MGD AND REHABILITATION

APPENDIX C

Section

Number Title

DB-0154 David Bacon Wage Rate Monthly Compliance (Owner) DB-0155 Davis Bacon Contractor Compliance

ED-101 Site Certificate

SRF-404 Debarment / Suspension Certification

TWDB-0216 Affirmative Steps Solicitation Report

TWDB-0217 Prime Consultant/Contractor Certification

TWDB-0373 Participation Summary Project Information

TWDB-0550 Supplemental Construction Contract Conditions

TWDB-1106-A Monthly AIS Certificate

TWDB-1106-B AIS De Minimis Log

TWDB-1106-C Final AIS Certification

TWDB-1109-A State Revolving Fund Project Public Awareness Certification

TWDB-1110-A Monthly BABA Act Certificate

TWDB-1110-B Final BABA Certification

WRD-255 Bidder's Certifications

TWDB Reference Documents

PLUMMER ASSOCIATES, INC

0982-018-01

APP C - TABLE OF CONTENTS

BCE EQUIP PRESELECTION

SEPTEMBER 2025

DB-0154

Revised 06/24

Monthly Davis-Bacon Wage Rate Certificate of Compliance Submittal by Owner (Subrecipient)

TWDB Project No. _____________

Loan No. _______________

This executed certificate must be submitted with each Outlay report for labor included within construction contracts.

I,_________________________________, ________________________________ (Name) (Title)

_________________________________ hereby certify that periodic reviews of a (Name of entity) representative sample of the weekly payroll data, and contractor weekly payroll certifications, such as OMB No. 1235-0008, have been performed to verify that contractors and subcontractors are paying the appropriate wage rate for compliance with section 513 of the Federal Water Pollution Control Act (33 U.S.C.

1372) for the Clean Water State Revolving Fund or with section 1450(e) of the Safe Drinking Water Act (42 U.S.C.300j-9(e)) for the Drinking Water State Revolving Fund. These laws require payment of prevailing wages in accordance with 40 U.S.C. §§ 3141–3144, 3146, and 3147 (contained within the Davis-Bacon Act, as amended).

I understand that a false statement herein may subject me to penalties under federal and state laws relating to filing false statements and other relevant statutes.

Signature Date

Statement of Compliance Certification by Contractor for State Revolving Funds

Federal Davis-Bacon Requirements

In accordance with Title 29 CFR Part 5.5(a)(3)(ii), each weekly payroll must be accompanied by a Statement of Compliance Certification executed by each contractor/subcontractor employing mechanics and laborers at the work site in which the federal government is to participate. Contractors may choose to use the DOL Form WH-347 payroll with the accompanying statement of compliance located on the back of Form WH- 347 OR provide contractor’s own payroll form using this TWDB Statement of Compliance Certification, DB-0155.

Date: ____________________ Estimate Number: __________________ for the payroll period commencing on (MM/DD/YY) to (MM/DD/YY) Name of Project:___________________________ Location:_____________________________________________________ Contract Number:__________ TWDB SRF Project #:

Date Contract Awarded:________________

I_____________________________________ (Name and Title of Signatory Party) do hereby state:

(1) That I pay or supervise the payment, during the above payroll period, of the persons employed by

___________________________________________________ (Contractor or Subcontractor);

that all persons employed on said project have been paid the full weekly wages earned;

that no rebates have been or will be made either directly or indirectly to or on behalf of said

____________________________________________________ (Contractor or Subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145) as described below:

(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work s/he performed.

(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.

DB-0155

Rev 06/24

(4) That:

(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) EXCEPTIONS below.

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH Each laborer or mechanic listed in the above-referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.

(c) EXCEPTIONS

EXCEPTION (CRAFT) EXPLANATION

REMARKS

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT

THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.

SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF TITLE 31 OF THE UNITED

STATES CODE.

ED-101

Rev 9/16

STATE OF TEXAS §

COUNTY OF __________________ §

SITE

CERTIFICATE

Before me, the undersigned notary, on this day personally appeared

_______________________________________________________, a person whose identity is known to me or who has presented to me a satisfactory proof of identity. After I administered an oath, this person swore to the following:

(1) My name is_____________________________________. I am over 18 years of age and

I am of sound mind, and capable of swearing to the facts contained in this Site Certificate. The facts stated in this certificate are within my personal knowledge and are true and correct.

(2) I am an authorized representative of __________________________________________, an entity that has filed an application for financial assistance with the Texas Water Development

Board for a (water) (wastewater) project.

Please complete only those sections that apply to your project:

LEGAL CERTIFICATION – LEASE/CONTRACT

I certify that: __________________________________________________________________

(Legal Name of Applicant, i.e., City, District, etc.)

has executed a written lease or other contractual agreement to use the property needed for this

(water)(wastewater) project that extends through _________________________________(date), the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. A copy of this lease or agreement is attached hereto.

LEGAL CERTIFICATION – PROPERTY EASEMENT

I certify that: __________________________________________________________________

(Legal Name of Applicant, i.e., City, District, etc.)

has executed an express easement to use the property needed for this (water) (wastewater) project that extends through the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. The express easement to use the property needed for this (water) (wastewater) project extends through ______________ (date).

A copy of the express easement agreement is attached hereto.

LEGAL CERTIFICATION – OWNERSHIP INTEREST

I certify that___________________________________________________________________

(Legal Name of Applicant, e.g. City, District, etc.)

☐Option A: has acquired the necessary real property interest, as evidenced by fee simple purchase, deed, fully executed earnest money contracts, or completion of eminent domain proceedings; that such acquisition will guarantee access and egress; and such interest will contain the necessary easements, rights of way, or unrestricted use as is required for the project being financed by the Texas Water Development Board. The legal description is referenced below.

☐Option B: is in the process of acquiring the necessary real property interest, as evidenced by earnest money contracts, contracts for sale, firm option agreements to purchase the subject property, or the initiation of eminent domain procedures; that such acquisition will guarantee access and egress; and such interest will contain the necessary easements, rights of way, or unrestricted use as is required for the project being financed by the Texas Water Development

Board. The legal description is referenced below. The anticipated date of acquisition is:

The property has been/will be acquired with the use of eminent domain: ☐ True ☐False

Location and Description of Property Interests acquired for Project:

Any deeds or other instruments required to be recorded to protect the title(s) held by

_______________________________________________________ (Legal Name of Applicant) have been recorded or filed for the record in the County deed records or other required location.

The following documents are attached hereto:

Description of documents that were used or will be used to acquire the property:

EXECUTED this_____________day of _______________, 20_________.

___________________________________________ (Signature)

___________________________________________ (Print Name)

___________________________________________ (Title)

Sworn to and subscribed before me by ______________________ on this ____________ day of____________________,20________.

__________________________________________(Notary Public in and for the State of Texas)

[SEAL]

SRF-404

08/23

Debarment / Suspension Certification

I, __________________________________, hereby certify that I have checked on the federal (Authorized Representative of Recipient)

System for Award Management (www.sam.gov) website and determined that

_________________________________ is not shown as an “excluded party” that is debarred, (Name of entity) suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. (See 2 CFR Part 180 and 2 CFR Part 1532 for additional information on the federal governmentwide debarment and suspension system for nonprocurement programs and activities.)

I understand that a false statement herein may subject me to penalties under federal and state laws relating to filing false statements and other relevant statutes.

Signature Date

Title

Name of Recipient

Verifying prime contractors and subcontractors for construction, equipment, supplies and services: Using the www.sam.gov website, the recipient must verify prior to awarding the contract that the prime contractor is not listed as an “excluded party” that is debarred, suspended or otherwise excluded from or ineligible. Once any subcontractors are known, they also must be verified as not listed as an “excluded party” prior to award of a subcontract. The recipient must print a dated record of the verification from the www.sam.gov website and retain a copy that is available for review by TWDB. The prime contractors and subcontractors must be verified prior to the contract award or the costs may be disallowed.

TWDB-216

Revised 04/01/2024

TWDB-0216

TEXAS WATER DEVELOPMENT BOARD

AFFIRMATIVE STEPS SOLICITATION REPORT

I. PROJECT INFORMATION

TWDB Project

Number Applicant/Entity Name Total TWDB Funding Request

Program Type (insert "X" for all that apply)

Drinking Water SRF (DWSRF) Clean Water SRF (CWSRF)

Project Name:

Solicitation By: Applicant/Entity OR Prime Contracted Business:

Project Phase: Prior to Closing Release of funding for PADs Construction Contract #

II. SOLICITATION METHOD(S) UTILIZED

At least two methods of solicitation are required. Select the method(s) utilized for the solicitation. Copies of the actual postings, direct contact email/phone log, etc. must be attached to this form as support documentation for each method used. Failure to adequately follow these steps will result in the requirement to complete additional steps in order to become compliant.

Newspaper Advertisements Meetings or Conferences Trade Association Publications

Minority Media Internet & Web Postings Other Government Publications

Direct Contact by Phone, Fax, USPS Mail, or Email*

*If using direct contact, entities must solicit to a minimum of 3 businesses/firms (at least one being a DBE) for each category of contract sought (i.e., construction, supplies, equipment, or services) to demonstrate a Good Faith Effort. DBE businesses/firms may be contacted to certify compliance.

III. PROJECT BIDDERS LIST:

List on the following table, or provide on a separate list, only the business entities directly solicited for procurement or that submitted a bid for consideration.

Instructions for Columns 1 - 5

1 - List the actual date business was contacted 2 - Full business name (line one) & point of contact (line two) 3 - Business address 4 - Telephone number 5 - Email address for the business

Instructions for Column 6

Enter one of the following procurement or contract categories:

Construction or Non-Construction (SUPPLIES – EQUIPMENT –

SERVICES)

For detailed definitions, review guidance document, TWDB-0210.

Instructions for Column 7

Enter the type of business:

MBE - Minority Business Enterprise, WBE - Women-owned Business Enterprise, or OTHER - Company or firm is Non-MBE or WBE

Notice: Entities receiving State Revolving Fund financial assistance must create and maintain a Bidders List if the entity is subject to, or chooses to follow, competitive bidding. The Bidders List must include all firms that bid or quoted on contracts under EPA assisted projects, including both MBE/WBEs and non-MBE/WBEs. Entities must keep all Bidders Lists until project completion or the recipient is no longer receiving EPA funding under the loan, whichever is later. Entities with loans totaling less than $250,000 during a state fiscal year are exempt from the Bidders List requirement but must still meet DBE program requirements. The Bidders List requirement also applies to all Prime Contracted Businesses/Firms that make subcontracting.

FOR OFFICE USE ONLY

Commitment#

Page 2 of 2 TWDB-216

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7

Date of Contact Type of Contact

Business Name &

Point of Contact name

Business Address

Telephone

Number

E-Mail

Address

Procurement Category

Construction / Non-Construction

MBE/WBE/Other

Status

1.

2.

3.

4.

5.

6.

7.

8.

9.

Use additional sheets if necessary

Signature – Authorized Representative Title (print legibly) Date

IV. TWDB APPROVAL SIGNATURE

Signature indicates the form meets DBE requirements

DBE Coordinator Approval Date

FOR OFFICE USE ONLY:

Commitment # _______________ TWDB-0217

Revised 04/01/2024

TWDB-0217

TEXAS WATER DEVELOPMENT BOARD (TWDB)

PRIME CONSULTANT/CONTRACTOR CERTIFICATION

I. PROJECT INFORMATION

TWDB

Project Number Applicant/Entity Name Total of TWDB Funding

Program Type (insert "X" for all that apply)

Drinking Water SRF (DWSRF) Clean Water SRF (CWSRF)

Prime Consultant/Contractor: _____________________________________________________________

Contract Number: __________________ Contract Amount: ____________________________________ II. GOOD FAITH EFFORT (Applicable to all subcontracts awarded by the prime contractor/consultant)

I understand that it is my responsibility to comply with all state and federal regulations and guidance in the utilization of Minority and Women-owned Businesses in procurement. I certify that I will make a "good faith effort" to afford opportunities for Minority Business Enterprise (MBE), and Women-owned Business Enterprise (WBE) by:

1. Including qualified MBEs and WBEs on procurement solicitation lists

2. Soliciting potential MBEs and WBEs

3. Reducing contract size/quantities when economically feasible to permit maximum participation by MBEs and WBEs

4. Establishing delivery schedules to encourage participation by MBEs and WBEs

5. Using the services and assistance of the Small Business Administration, Minority Business Development Agency, U.S. Department of Commerce, and Texas Marketplace

6. Submitting documentation to the Applicant/Entity to verify good faith effort, steps 1-5.

EXCEPTION: As the Prime Consultant/Contractor, I certify that I have reviewed the contract requirements and found no available subcontracting opportunities. I also certify that I will fulfill 100 percent of the contract requirements with my own employees and resources. (Check if applicable)

Signature – Prime Consultant/Contractor Title (print legibly) Certification Date

I. PROJECT PARTICIPATION ESTIMATES

The Cost Categories mentioned below are goals. These goals are neither standards nor quotas. Recipients of financial assistance are not required to meet the fair share objectives. They must, however, acknowledge that they are aware of and are actively pursuing the fair share objectives with their procurements.

Potential MBE Participation Potential WBE Participation Cost Category Goal Goal Construction 24.50% 11.34% Non-Construction 25.05% 19.35% Total Combined Construction and Non-Construction

24.16% 17.38%

The fair share goals listed above are required by 40 CFR Part 33 Subpart D and are directly negotiated with EPA Region

6. Entities receiving federal financial assistance are subject to the TWDB’s goals and may not be substituted with other agency or program goals.

IV. TWDB APPROVAL SIGNATURE

Signature indicates the form meets DBE Requirements.

Page 1 of 2 TWDB-0373

FOR OFFICE USE ONLY TWDB-0373

Commitment # TEXAS WATER DEVELOPMENT BOARD

PARTICIPATION SUMMARY

PROJECT INFORMATION

Project Name:

Solicitation By: Applicant/Entity OR Prime Contracted Business:

Project Phase: Prior to Closing Release of funding for PADs Construction Contract #

If valid MBE/WBE firms are awarded contracts, a copy of their certification is required to be attached with this form for each MBE/WBE business listed.

Notice: Brokers may not be listed below as an MBE or WBE. A broker is a firm that does not perform, manage, or supervise the work of its sub/contract in a manner consistent with the normal business practices for sub/contractors in its line of business. For more specifics, review guidance document, TWDB-0210.

I. LIST OF ACTUAL CONTRACTS/PROCUREMENTS

Column 1 Column 2 Column 3 Column 4 Column 5

Name & Address of Contracted Firm/Vendor

Procurement Category

Construction Or Non-Construction

MBE/WBE

Status

Contract Amount

Contract Execution Date

1.

2.

3.

4.

5.

6.

(Table continues on the next page)

TWDB Project Number Applicant/Entity Name Total TWDB Funding

Request Program Type

(insert "X" for all that apply) Drinking Water SRF (DWSRF)

Clean Water SRF (CWSRF)

Instructions Column 1 Enter the full name, street address, city/state/zip for each firm awarded a contract for the project.

Column 2 Enter one of the following procurement or contract categories:

CONSTRUCTION / NON-CONSTRUCTION (Services; Equipment; Supplies)

Column 3 Enter the type of business: MBE (Minority Business Enterprise), WBE (Women-owned Business Enterprise), or OTHER (NOTE: OTHER = Company or firm is Non-MBE or WBE)

Column 4 Enter the exact amount of the awarded contract.

Column 5 Enter the exact date the contract was executed or the proposed date of contract execution.

Page 2 of 2 TWDB-0373

Column 1 Column 2 Column 3 Column 4 Column 5

Name & Address of Contacted Firm/Vendor

Procurement Category

Construction Or Non-Construction

MBE/WBE

Status

Contract Amount

Contract Execution Date

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

Use additional sheets if necessary Signature – Authorized Representative Title (print legibly) Date

II. TWDB APPROVAL SIGNATURE

Signature indicates the form meets DBE requirements.

TWDB-0550

Rev 6/24

Texas Water Development Board Supplemental Construction Contract

Conditions

For Equivalency Projects under the Clean Water State Revolving Fund and Drinking

Water State Revolving Fund Programs

Table of Contents

I. INSTRUCTIONS FOR APPLICANTS

1. Applicability

2. Use of Conditions

3. Modifications to Provisions

4. Good Business Practices

5. Other Requirements

6. Advertisements for Bids

7. Bid Proposal

8. Bidding Process

9. Debarment and Suspension Certification

10. Release of Funds

II. INSTRUCTIONS TO BIDDERS

1. Contingent Award of Contract

2. Disadvantaged Business Enterprise Goals

3. Davis-Bacon Wage Rate Requirements

4. American Iron and Steel

5. Build America, Buy America (BABA) Act

6. Equal Employment Opportunity and Affirmative Action

7. Debarment and Suspension Certification

8. Bid Guarantee

9. Summary of Forms to be submitted with the Bid Documents:

III. SUPPLEMENTAL CONTRACT CONDITIONS

1. Supersession

2. Privity of Contract

3. Definitions

4. Laws to be Observed

5. Review by Owner and TWDB

6. Performance and Payment Bonds

7. Payment Schedule and Cost Breakdown

8. Workman’s Compensation Insurance Coverage (as applicable, consistent with Texas Labor Code § 406.096)

9. American Iron & Steel

10. Build America, Buy America (BABA) Act

11. Davis-Bacon Wage Rate Requirements

(a) Compliance Procedures

(b) Subcontracts

(c) Davis-Bacon General Wage Determinations Option 1 – Applies to Governmental Entities (such as Cities and Districts) Option 2 – Applies to Non-Governmental Entities (such as Water Supply Corporations and Private Companies)

12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

13. Payments

14. Equal employment opportunity and affirmative action

15. Debarment and Suspension

16. Disadvantaged Business Enterprises

17. Archeological Discoveries and Cultural Resources

18. Threatened and Endangered Species

19. Hazardous Materials

20. Project Signage

21. Changes

22. Operation and Maintenance Manuals and Training

23. As-Built Dimensions and Record Drawings

24. Close-Out Procedures

25. Additional Forms and Information

I. INSTRUCTIONS FOR APPLICANTS

1. Applicability

These Supplemental Contract Conditions contain provisions that are worded to comply with certain statutes and regulations, which specifically relate to all Drinking Water State Revolving Fund (DWSRF) Equivalency Program and Clean Water State Revolving Fund (CWSRF) Equivalency Program projects.

Provisions that are applicable to the project's funding source or dollar value of the contract are noted within these provisions.

2. Use of Conditions The conditions and forms listed under Section II: Instructions to Bidders are to be included in the instructions to bidders for construction services. The provisions listed under Section III: Construction Contract Supplemental Conditions must be included, in their entirety, with the other general and special conditions that are typically included in the construction contract documents by the Consulting Engineer1.

3. Modifications to Provisions The Applicant may need to modify parts of these provisions to better fit the other provisions of the construction contract; however, everything herein must be included in the contract documents. The Applicant and the Consulting Engineer should carefully study these provisions before incorporating them into the construction contract documents. In particular, Water Districts and other types of Districts should be aware of statutes relating to their creation and operation, which may affect the application of these conditions. The TWDB Project Engineer/Reviewer should be consulted if the Applicant thinks there is a need to modify parts of these provisions.

The Applicant is to determine and incorporate the affirmative action goals for the project into Section III, Supplemental Contract Condition No. 14. Also, Section III Supplemental Condition No. 17 (Archeological Discoveries and Cultural Resources) and Section III Supplemental Condition No. 18 (Threatened and Endangered Species) may be superseded or modified by project-specific environmental conditions established during the environmental review process.

These documents may confer certain duties and responsibilities on the Consulting Engineer that are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure that the contractual agreement with the Consulting Engineer provides for the appropriate services.

1 Throughout this document “Consulting Engineer” is used to mean Design Engineer/Engineer of Record, Prime Engineer, or Owner’s Engineer, depending on the contract type between the Applicant and the Engineer and depending on the phase of the project (i.e., planning, design, or construction).

Otherwise, the Applicant should revise the wording in these special conditions to agree with actually delegated functions.

4. Good Business Practices There are other contract provisions that the Applicant and Consulting Engineer need to include as a matter of good business practice. It is recommended that provisions addressing the following matters be included in the construction contract.

(a) Specifying the time frame for accomplishing the construction of the project, and the consequences of not completing construction on time, including liquidation damages.

(b) Specifying the type and dollar value of and the documentation of insurance the Contractor is to carry. At a minimum, the Contractor should carry worker’s compensation, liability, and builder's risk insurance that will meet state statutory limits.

(c) Identifying the responsibility of the Contractor - responsibility and warranty of work.

(d) Price reduction for defective pricing of negotiated costs.

(e) Differing site conditions - notice and claims regarding site conditions differing from indicated conditions.

(f) Specifying maximum time allowed to submit an official Change Order after a field change has been authorized and implemented.

(g) Covenants against contingent fees – prohibit contingent fees for securing business.

(h) Gratuities – prohibitions against offering and accepting gratuities.

(i) Auditing and accessing records.

(j) Suspension of work – conditions under which the Applicant may suspend work.

(k) Termination – conditions under which the Applicant may terminate.

(l) Remedies – how disputes will be remedied.

5. Other Requirements If applicable, Trench Safety requirements shall adhere to the Health and Safety Code Chapter 756, Subchapter C, which includes reference to the Occupational Safety and Health Administration (OSHA) standards for trench safety in effect during the period of construction of the project and Owner’s Geotechnical https://statutes.capitol.texas.gov/Docs/HS/htm/HS.756.htm#C information to assist Contractor in design of Trench Safety System

There may be other local government requirements and applicable Federal and State statutes and regulations which are not included or addressed by these conditions. It is the Applicant’s responsibility to ensure that the project and all contract provisions are consistent with all relevant statutes and regulations.

6. Advertisements for Bids State procurement statutes require advertising a contract for bid at least once a week for at least two (2) consecutive weeks2. By not following this requirement, the project may need to be re-advertised (i.e., rebid). The official advertisement for bids that is published in the newspaper must include certain information such as, but not limited to, the following:

(a) A clear description of what is being procured.

(b) How to obtain plans and specifications, necessary forms and information.

(c) The date and time by which bids are to be submitted (deadline).

(d) The address where bids are to be provided.

(e) A statement that the contract is contingent upon release of funds from the

TWDB.

(f) A statement that any contract(s) awarded under this Invitation for Bid (IFB), Request for Proposals (RFP), or Request for Qualifications (RFQ) is/are expected to be funded in part by financial assistance from the TWDB. Neither the U.S. Environmental Protection Agency (EPA) or the State of Texas, nor any of its departments, agencies, or employees, are or will be a party to this IFB, RFP, RFQ, or any resulting contract.

(g) As directed by TWDB, one of the following must be included:

a. Beginning with SRF Equivalency projects approved under the 2023

Intended Use Plan (IUP) or later - Any contract(s) awarded under this Invitation for Bids is/are subject to the Build America, Buy America (BABA) Act requirements of Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021; or

b. For SRF Equivalency projects approved under the 2022 IUP or earlier – Any contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS) requirements of federal law, including federal appropriation acts and/or Section 608 of the Federal Water Pollution Control Act.

(h) *This contract is subject to the Environmental Protection Agency’s (EPA) Disadvantaged Business Enterprise (DBE) Program, which includes EPA-

2 From LGC 252.041, Municipalities are required to advertise in a newspaper at least once a week for two consecutive weeks.

approved fair share goals toward procurement of Minority and Women-owned Business Enterprise (M/WBE) businesses. EPA rules require that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to M/WBEs through demonstration of the six affirmative steps. For more details of the DBE Program and the current, applicable fair share goals, please visit www.twdb.texas.gov/dbe.

(i) *Equal Opportunity in Employment - All qualified Applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability, or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors--Affirmative Action Requirements, which include the President’s Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance.

(j) Acknowledgement of any special requirements such as mandatory pre-bid conference.

(k) Right to reject any and all bids.

(l) A statement that Davis-Bacon prevailing wage requirements apply to the construction, alteration, or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean or Drinking Water State Revolving Fund Programs (CWSRF or DWSRF).

(m) For additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract, please consult TWDB Guidance No. DB-0156.

*Note: Items (h) and (i), above, referencing DBE and Equal Opportunity in Employment must be stated as written above in the Advertisement for Bid.

7. Bid Proposal The Bid proposal form should account for the following:

(a) If a lump sum bid, include a list of the materials used and associated costs.

(b) Distinguish TWDB-funding Eligible and Ineligible items.

(c) Accommodate Trench Safety requirements with separate per unit pay item for trench excavation safety protection in accordance with Health and Safety Code Chapter 756, Subchapter C and as briefly noted below:

1. Separate pay item for special shoring requirements; and file://Twdb4aefssvr4/Users/RSandt/TWDB%20Guidance%20Docs/0550%20and%200551/www.twdb.texas.gov/dbe

2. Separate pay item for trench excavation safety protection.

(d) Include space for the Contractor to acknowledge receipt of each Addendum issued during the bidding process.

8. Bidding Process The Plans and Specifications should include an explanation of how the bids will be processed and should include the following components:

(a) Whether a Pre-bid Conference will be held, whether it is optional or mandatory, and where and when it will be held. If possible, it is recommended to hold the pre-bid via Zoom, Microsoft Teams, or other online platform, as well as in person. The TWDB Project Engineer/Reviewer is to be invited to the Pre-Bid Conference.

(b) Specify the criteria and process for determining responsiveness and responsibility of the bidder.

(c) Specify the method of determining the successful bidder and award (e.g., award to the lowest responsive, responsible bidder, accounting for any multiple parts to bids).

(d) Allow for withdrawal of a bid due to a material mistake.

(e) Identify the time frame that the bids may be held by the Applicant before awarding a contract (i.e., typically for 60 or 90 days).

(f) Acknowledge the right of the Applicant to reject any and all bids.

9. Debarment and Suspension Certification Financial assistance recipients must fully comply with the requirements of Subpart C of 2 CFR Part 180 – “Responsibilities of Participants Regarding Transactions Doing Business with Other Persons” - as implemented and supplemented by 2 CFR Part 1532. The recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180

– “Covered Transactions” – includes a term or condition requiring compliance with Subpart C.

The recipient is fully responsible for requiring the inclusion of a similar term or condition in any subsequent lower-tier covered transactions.

Recipient acknowledges that failing to disclose the information required under 2 CFR 180.355 may result in the delay or negation of the financial assistance, or pursuance of legal remedies including debarment and suspension.

The recipient must complete and submit the Debarment/Suspension Certification (SRF-404), certifying that it has checked the federal System for Award Management website (https://sam.gov/content/home) and determined that the Contractor is not an “excluded party” that is debarred, suspended, or https://sam.gov/content/home otherwise excluded from participation in federal assistance programs under Executive Order 12549, as required by 2 CFR Part 180 and 2 CFR Part 1532.

10. Release of Funds Prior to the TWDB’s authorization for the Applicant to issue a notice to proceed (NTP), and subsequent release of funds for construction (according to program specific requirements), the Applicant and its consultant must provide the following bid documents for TWDB review:

(a) Submittal of Bid Documents to TWDB Project Engineer/Reviewer to allow contingent award of contract:

• Advertisement and Affidavit of Advertisement (for municipalities, the project must be bid at least once a week for two (2) consecutive weeks in a newspaper),

• Bid tabulation,

• All Addenda submitted and approved for the contract,

• Bid proposal of apparent low bidder (or chosen bidder with explanation), including the Contractor’s bid guarantee or bid bond,

• Applicant’s Disadvantaged Business Enterprise forms TWDB-0216 and

TWDB-0373,

• Contractor’s Disadvantaged Business Enterprise forms TWDB-0216, -

0217, and -0373,

• Applicant’s Debarment/Suspension Certification for the Contractor,

• Site Certificate (ED-101),

• Consulting Engineer’s recommendation to award letter,

• A description of any bidding irregularities,

• Construction inspection proposal, and

• Bidder’s Certifications Form (WRD-255).

Then the TWDB can issue authorization for the Applicant to issue the contingent Notice of Award for the construction contract.

(b) Once the Applicant has issued their contingent Notice of Award of the construction contract, they must submit a bound copy (single file PDF document) of the executed contract documents (including specifications) and a bound copy (single file PDF document) of the Approved Plan Set. A complete set of bound executed contract documents should include:

• Front-End Documents, Addenda, Executed Agreement, and Technical

Specifications as approved by the TWDB and TCEQ (as applicable),

• Contractor’s Act of Assurance (TWDB Form ED-103),

• Contractor’s Act of Assurance Resolution (TWDB Form ED-104),

• Payment and Performance Bonds (must be executed on or after the date of the contract),

• Contractor’s Wage Rate Determination(s),

• Contractor’s Certificate of Insurance, and

• If applicable, the Applicant’s Sufficiency of Funds letter.

After reviewing and approving the executed contract documents, the TWDB will issue an authorization for the Applicant to issue a Notice to Proceed (NTP). At this time, TWDB staff can begin releasing construction funds in accordance with program requirements.

Once construction begins, the Applicant must submit monthly Outlay Requests.

Outlay Requests that include requests for construction contract funds, must include the following documents:

• DB-0154 – Monthly Davis Bacon Wage Rate Certificate of Compliance;

and either

• TWDB-1110-A Monthly Build America, Buy America (BABA) (as applicable) or

• TWDB-1106-A – Monthly American Iron and Steel Certificate (as applicable)

In addition, the first Outlay Request for construction contract funds must include one of the following:

• State Revolving Fund Project Public Awareness Certification (TWDB- 1109-A); or

• BIL/IIJA State Revolving Fund Project Sign Certification (TWDB-1109-B)

Failure to provide these certificates will result in denial of release of funds.

For any questions or proposed modifications to these conditions, please contact your TWDB Project Engineer/Reviewer.

https://www.twdb.texas.gov/financial/instructions/doc/TWDB-1109-A.pdf https://www.twdb.texas.gov/financial/instructions/doc/TWDB-1109-A.pdf https://www.twdb.texas.gov/financial/instructions/doc/TWDB-1109-B.pdf

II. INSTRUCTIONS TO BIDDERS

The language and conditions listed in this Section must be included in the “Instructions to Bidders” section of the construction contract documents.

1. Contingent Award of Contract This contract is contingent upon release of funds from the Texas Water Development Board (TWDB). Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or loan with principal forgiveness from the TWDB and a grant from the United States Environmental Protection Agency (EPA). Neither the State of Texas, the EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract.

2. Disadvantaged Business Enterprise Goals The Texas Water Development Board’s (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funding from the U. S.

EPA. As a condition of federal grant awards, U.S. EPA regulations require that funding recipients (municipalities, towns, public water authorities, nonprofit water supply corporations, etc.) and sub-recipients (prime consultants, prime contractors, and subcontractors) make a "good faith effort" to award a fair share of work to Disadvantaged Business Enterprises (DBE) who are Minority Business Enterprises (MBE's), and Women-owned Business Enterprises (WBE's) whenever procuring Construction and Non-Construction (supplies, services and equipment). More information on DBE requirements is available in Section III, Supplemental Contract Conditions section of this guidance No. 16.

Disadvantaged Business Enterprises.

The most current fair share goals for the State of Texas are located on the TWDB website at www.twdb.texas.gov/financial/programs/DBE/index.asp and as follows:

Category MBE WBE Construction 24.50% 11.34% Non-Construction 24.05% 19.35% Total Combined Construction and Non-Construction 24.16% 17.38%

3. Davis-Bacon Wage Rate Requirements

Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean Water State Revolving Fund (CWSRF) or a construction project financed, in whole or in part, from the Drinking Water State Revolving Fund (DWSRF).

The Davis-Bacon prevailing wage requirements apply to Contractors and http://www.twdb.texas.gov/financial/programs/DBE/index.asp

Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment works project under the CWSRF or a construction project under the

DWSRF.

For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the provisions of the Contract Wage Hours and Safety Standards Act (CWHSSA), as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act may also apply to Davis-Bacon covered contracts.

Any contracts in excess of $2,000 must include the provisions of the Davis- Bacon Wage Rate Requirements. See Section III, Paragraph 11, Option 1 (governmental entities) and Option 2 (non-governmental entities) for contract clauses required for Davis-Bacon requirements. This information is also included in TWDB Guidance DB-0156, as follows (Applicant = Owner (sub-recipient)):

• If the Owner (sub-recipient) is a governmental entity such as a city or district, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 1: Section 3, Section 4 (if the contract exceeds $100,000), and Section 5.

• If the Owner (sub-recipient) is a non-governmental entity such as a water supply corporation or a private company, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 2:

Section 3, Section 4 (if the contract exceeds $100,000), and Section 5.

The Owner (sub-recipient) must ensure all prime contracts require the same full text in any subcontracts. See TWDB Guidance DB-0156 for the text of the contract language that must be included.

Additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract can be found in TWDB Guidance DB-0156.

4. American Iron and Steel Any contract(s) awarded under this Invitation for Bids (under the 2022 IUP or earlier) is/are subject to the American Iron and Steel (AIS) requirements of 33 U.S.C §1388 for Clean Water State Revolving Fund projects or Public Law 114- 113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Revolving Fund projects. The Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item No. 9. The statement of understanding must be signed by the Contractor.

5. Build America, Buy America (BABA) Act Any contract(s) awarded under this Invitation for Bids (under the 2023 IUP or https://www.twdb.texas.gov/financial/instructions/doc/DB-0156.pdf https://www.twdb.texas.gov/financial/instructions/doc/DB-0156.pdf https://www.twdb.texas.gov/financial/instructions/doc/DB-0156.pdf later) is subject to the Build America, Buy America (BABA) Act requirements of Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021. The Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item No. 10. The statement of understanding must be signed by the Contractor.

6. Equal Employment Opportunity and Affirmative Action All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability, or genetic information.

Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors--Affirmative Action Requirements, which include the President's Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance.

7. Debarment and Suspension Certification This contract is subject to the federal requirements of Subpart C of 2 CFR Part 180 and Part 1532 regarding Debarment and Suspension. The Contractor will comply with the assurances provided with the bid that leads to a contract.

8. Bid Guarantee Each bidder must furnish a bid guarantee equivalent to five percent (5%) of the bid price (Water Code 17.183). If a bid bond is provided, the Contractor must utilize a surety company that is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code.

9. Summary of Forms to be submitted with the Bid Documents:

• WRD-255, Bidder's Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities.

• SRF-404, Certification Regarding Debarment, Suspension and Other

Responsibility Matters, (to be completed and submitted by the sub-recipient).

• Disadvantaged Business Enterprise (DBE) Construction Contract Phase

Forms

Form Prime Contractor Submit Form To

TWDB-0216 Required TWDB TWDB-0217 Required TWDB TWDB-0373 Required TWDB

III. SUPPLEMENTAL CONTRACT CONDITIONS

1. Supersession The Owner and the Contractor agree that the TWDB Supplemental Conditions apply to that work eligible for TWDB assistance to be performed under this construction contract and these clauses supersede any conflicting provisions of this contract.

2. Privity of Contract Funding for this project is expected to be provided in part by the TWDB.

Neither the State of Texas, nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC Chapter 371 (DWSRF) or 375 (CWSRF) in effect on the date of the assistance award for this project.

3. Definitions

(a) The terms “Owner” or “Applicant” means the local entity contracting for the construction services.

(b) The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Executive Administrator, or the authorized representative thereof.

(c) The term “Consulting Engineer” means the engineer the Owner has authorized to work on the project.

4. Laws to be Observed In the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times must observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and must indemnify and save harmless the Owner, Texas Water Development Board, and their representatives against any claim arising from violation of any such law, ordinance or regulation by the Contractor, their Subcontractor or their employees.

5. Review by Owner and TWDB

(a) The Owner, authorized representatives and agents of the Owner, EPA, and TWDB must, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents.

(b) Any such inspection or review by the TWDB must not subject the State of Texas, or its representatives, to any action for damages.

6. Performance and Payment Bonds Each Contractor awarded a construction contract must furnish performance and payment bonds that include the following explicit conditions in the body of the bond:

(a) The performance bond must include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices;

(b) The performance and payment bonds must be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the Consulting Engineer of the political subdivision; and

(c) The Contractor must utilize a surety company which is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code.

7. Payment Schedule and Cost Breakdown

(a) The Contractor must submit for approval immediately after execution of the

Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work.

(b) The following paragraph applies only to contracts awarded on a lump sum contract price:

COST BREAKDOWN - The Contractor must submit to the Owner a detailed breakdown of the estimated cost of all work to be accomplished under the contract, arranged and itemized as to meet the approval of the Owner or funding agencies. This breakdown must be submitted promptly after execution of the agreement and before any payment is made to the Contractor for the work performed under the contract. After approval by the Owner, the unit prices established in the breakdown must be used in estimating the amount of the partial payments to be made to the Contractor.

8. Workman’s Compensation Insurance…