4-CoRR 2MG GST - Addendum 2-signed.pdf

ADDENDUM 2

Addendum 2 City of Round Rock August 2025

2 Million Gallon Ground Storage Tank

ADDENDUM

ADDENDUM No. 2

Date __August 19__, __2025__

City of Round Rock, Williamson County

Project Name: 2 Million Gallon Reuse Ground Storage Tank

ID No.: CWST2

This Addendum forms a part of the Contract and corrects or modifies original Proposal

Documents, dated July 31st 2025. Acknowledge receipt of this addendum in space provided on the Proposal Form. Failure to do so may subject bidder to disqualification.

A. Project Manual Revisions:

a. Updated the number of pages in the Table of Contents for section 00020 to 2 pages and section 00800 to 28 pages.

b. Revised 00020 Notice to Proposers

i. A City of Round Rock Notice to Proposers has replaced the original project manual section 00020 Notice to Proposers. This has been added to comply with federal requirements for grant funding from the Bureau of

Reclamation.

c. Additional 00800 Supplemental General Conditions

i. New sheets have been added to the supplemental General conditions outlining specific requirements related to grant funding from the Bureau of

Reclamation. These additional sheets are in addition to and supplement the

City of Round Rock’s standard General conditions and contract terms.

This addendum consists of 32 pages.

ADDENDUM 2

Addendum 2 City of Round Rock August 2025

2 Million Gallon Ground Storage Tank

Approved by OWNER

Approved by ENGINEER/ARCHITECT

END OF SECTION

00020 NOTICE TO PROPOSERS

00020 03-2025 Notice to Proposers

4903-3442-3332 Page 1

NOTICE TO PROPOSERS

Pursuant to the provisions of Texas Government Code, Sections 2269.052 and 2269.151, it is the intention of the City of Round Rock, Texas (“City”) to select a prime contractor by using the Competitive Sealed Proposal process to select a prime contractor for the furnishing of all labor, material and equipment and performing of all work for the City project titled 2 Million Gallon

Reuse Ground Storage Tank (project includes construction of a 2 Million Gallon Reuse Ground

Storage Tank at the East Brushy Creek Regional Wastewater Treatment Plant, including fill and drain piping, potable water line (add alternate), and associated control and electrical improvements.) for the City of Round Rock, Texas (“City”). Online bidding will be utilized via

Bonfire at https://roundrocktexas.bonfirehub.com. Online bid services will open for bidding on

August 6, 2025 at 8:00 a.m. and close on September 10, 2025 at 9:00 a.m.

The City of Round Rock intends to use Department of the Interior, Bureau of

Reclamation (Reclamation) funds allocated under the Title XVI Water Reclamation and

Reuse Program for fees and costs associated with this Project. The City will be required to comply with the requirements of 2 CFR Part 200 and other applicable federal requirements related to the procurements and expenditure of fees and costs related to this Project.

All proposers shall follow submittal instructions at https://roundrocktexas.bonfirehub.com.

Hard copies will not be accepted for this solicitation and all proposals shall be submitted online at https://roundrocktexas.bonfirehub.com. Bid results will be publicly opened and read aloud virtually on September 10, 2025 at 9:00 a.m. and will be posted online at https://roundrocktexas.bonfirehub.com after the public bid opening. No proposals may be withdrawn after the scheduled opening time, and no late proposals will be accepted. Plans, Proposal Forms, Specifications, and Instructions to Proposers may be obtained at https://roundrocktexas.bonfirehub.com/opportunities. Any questions shall be submitted through

Bonfire.

Proposals must include the specific qualification information requested in the sequence and format prescribed in the Instructions to Proposers. Selection of the successful Proposer will be based on the selection criteria set forth in the Instructions to Proposers. The City further reserves the right to reject any or all proposals and to waive any informalities and irregularities in the proposals received.

Proposals must be accompanied by an acceptable bid security as outlined in the Instructions to Proposers, payable to the City of Round Rock, Texas, equal to five percent (5%) of the total bid amount. A copy of the bid security MUST be uploaded with proposal documents to https://roundrocktexas.bonfirehub.com to be considered responsive. The original bid security document must be provided to the City within three (3) days of a request by the City. In case of ambiguity, duplication, or obscurity in the bids, the City reserves the right to construe the meaning thereof. The City reserves the right to reject any or all proposals and to waive any informalities and irregularities in the proposals received.

The successful proposer will be expected to execute the City’s standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics at a rate not less than the prevailing

00020 03-2025 Notice to Proposers

4903-3442-3332 Page 2 wages specified in a wage determination made by the city.

Attention is called to the fact that, not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Department of Labor, and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs may not undertake any activity in part or in full under this project. Minority Business Enterprises, Small Business Enterprises, and Women

Business Enterprises, Section 3 Businesses, and Historically Underutilized Business firms are encouraged to submit bids.

A non-mandatory Pre-Proposal conference will be held at 3939 East Palm Valley Blvd, Round Rock, TX 78665 on August 27, 2025 at 9:00 a.m..

Round Rock Leader: Pflugerville Pflag:

August 6, 2025 August 6, 2025

August 13, 2025 August 13, 2025

Supplemental General Conditions

These Supplemental General Conditions outline specific requirements flowing down from the federal financial assistance agreement (Grant) awarded to the City of Round Rock for the "Expansion of the City of Round Rock Reclaimed Water Distribution System." These conditions are in addition to and supplement the City of Round Rock's standard General Conditions and contract terms. All Bidders/Contractors must read, understand, and agree to comply with all federal regulations and requirements outlined herein, which are binding on all parties performing work under this federally funded project.

A. Compliance with Federal Regulations and Statutes The Contractor shall comply with all applicable federal laws, regulations, and executive orders as they relate to the work performed under this Contract, including, but not limited to, those incorporated by reference from the City's Grant Agreement with the Bureau of Reclamation (BoR). This includes compliance with:

1) Administrative Requirements:

a) Procurement Standards (2 CFR 200.317 through 200.327): The Contractor shall adhere to these standards, which govern procurements made with federal funds. This includes requirements related to competition, contract clauses, cost and price analysis, and contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

b) Allowable Costs: All costs submitted by the Contractor for payment must be directly related to the approved scope of work and must be allowable, allocable, and reasonable in accatrdance with 2 CFR Part 200, Subpart E ("Cost Principles"), as applicable to federal awards. The Contractor shall maintain detailed records and documentation to substantiate all invoiced costs, and such documentation shall be made available to the City, federal agencies, and auditors upon request.

c) Audit Requirements (2 CFR 200.501): The Contractor acknowledges that its records related to this project may be subject to audit by appropriate officials of the Federal agency, pass-through entity (City), and Government Accountability Office (GAO). The City’s responsibility for contractors is to ensure that procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and terms of the Federal awards.

d) Remedies for Noncompliance (2 CFR 200.339): The Contractor understands that failure to comply with federal statutes, regulations, or the terms of this Contract may result in remedies for noncompliance, including withholding payments, disallowing costs, or termination of the Contract.

e) Termination (2 CFR 200.340): This Contract may be terminated in whole or in part for failure to comply with its terms and conditions, among other reasons.

f) Debarment and Suspension (2 CFR 1400): The Contractor certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal awards. The Contractor shall immediately notify the City if it or any of its principals become subject to debarment or suspension during the Contract period.

g) Drug-Free Workplace (2 CFR 182 and 1401): The Contractor shall maintain a drug-free workplace.

h) Covenant Against Contingent Fees. The Contractor warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

i) Conflicts of Interest (2 CFR 200.318 and 22): The Contractor shall maintain written standards of conduct covering conflicts of interest for its employees engaged in the selection, award, and administration of subcontracts under this project. No employee, officer, or agent of the Contractor may participate in selection, award, or administration of a subcontract if they have a real or apparent conflict of interest. The Contractor must disclose any organizational conflicts of interest and any information suggesting a conflict of interest in its performance.

j) Data Availability (2 CFR 200.315 and 23; 2 CFR 1402.315): The Federal Government has the right to obtain, reproduce, publish, or otherwise use data produced under this award. The Contractor shall make project data available to the Government for public release, consistent with applicable law.

k) Trafficking Victims Protection Act of 2000 (2 CFR 175.15): The Contractor and its employees, and any sub-contractors and their employees, are prohibited from engaging in severe forms of trafficking in persons, procuring commercial sex acts, or using forced labor in the performance of this Contract. The Contractor must include similar provisions in all subcontracts.

l) New Restrictions on Lobbying (43 CFR 18): The Contractor certifies that no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any federal officer or employee in connection with this Contract. If non-federal funds are used for such purposes, the Contractor must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."

m) Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment (Section 889 of NDAA for FY 2019): The Contractor is prohibited from using government funds to enter into (or extend or renew) contracts with entities that use covered telecommunications equipment or services (e.g., from Huawei, ZTE, etc.) as described in Section

889. This prohibition applies even if the contract is not specifically for procuring such equipment or services. The Contractor must ensure its supply chain and equipment used for this project comply.

n) Unique Entity Identifier and System for Award Management (SAM) (2 CFR 25, Appendix A): If the Contractor is a subrecipient or receives a subaward from the City that meets the thresholds, it must obtain a Unique Entity Identifier and maintain current information in SAM, unless exempted.

The Contractor must provide its Unique Entity Identifier to the City.

o) 5 U.S.C. Parts 1501-1508 and 7324-7328 (Hatch Act): Recipient agrees to comply, as applicable, with requirements of the Hatch Act, which limits certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.

2) Environmental and Cultural Compliance:

a) Regulatory Compliance (Section 11 of Grant Agreement): The Contractor shall comply with all applicable state, Federal, and local environmental and cultural/paleontological resource protection laws and regulations. This includes, but is not limited to, the National Environmental Policy Act (NEPA), Clean Water Act, Endangered Species Act, and consultation with the State Historic Preservation Office. The Contractor is responsible for ensuring all activities comply with necessary environmental or other regulatory clearances. Any project activities requiring ground disturbance shall not commence until all necessary clearances have been obtained and confirmed by the City.

3) Nondiscrimination (Assurances and Certifications - Section 12): The Contractor shall comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing, including, but not limited to, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act. Furthermore, for construction projects receiving Federal financial assistance funding, the Contractor shall comply with the Equal Opportunity Clause and related requirements as found in 42 U.S.C. Chapter 60, Subtitle C Part 60-1.4(b).

a) 43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the

Department of the Interior. Discrimination on the basis of race, color, or national origin in programs or activities receiving Federal financial assistance is prohibited.

b) 42 U.S.C. Chapter 126 - The Americans with Disabilities Act of 1990, entitled “Equal Opportunity for Individuals with Disabilities.” Discrimination based on disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation, is prohibited. Further, 42 U.S.C. Chapter 60, Subtitle C Part 60-1.4(b) is applicable in full enforcement by reference in these terms and conditions, including the equal opportunity clause and requirements for clauses in contracts for all construction projects receiving Federal financial assistance funding.

c) 28 CFR Section 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services. Discrimination on the basis of disability by public entities is prohibited, as implemented under Subtitle A of Title II of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12131-12134), and amended by the ADA Amendments Act of 2008 (Pub. L. 110-325, 122 Stat.

3553).

4) Reporting Subawards and Executive Compensation (2 CFR 170 Appendix A): If applicable based on thresholds, the Contractor may be required to report information on subawards and executive compensation.

5) Recipient Employee Whistleblower Rights (41 U.S.C. 4712):

a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239).

b) The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C 4712.

c) The Award Recipient shall insert the substance of this clause, including this paragraph in all subawards or subcontracts over the simplified acquisition threshold. 48 CFR 52.203-17 (as referenced in 48 CFR 3.908-9).

6) Geospatial Data Act of 2018 (43 U.S.C. Chapter 46, § 2801-2811): If the Contractor collects or produces geospatial data using federal funds under this Contract, it must adhere to the requirements of the Geospatial Data Act. This includes checking for existing data on GeoPlatform.gov, using existing data when available, and producing new data in accordance with Federal Geospatial Data Committee (FGDC) guidance and standards. Digital copies of all GIS data produced or collected must be submitted to the City in an open format with complete feature-level metadata.

7) Prohibition on Members of Congress Making Contracts with Federal Government (41 U.S.C. Part 6306): No member of or delegate to the U.S.

Congress or Resident Commissioner shall be admitted to any share or part of this Contract, or to any benefit that may arise therefrom; this provision shall not be construed to extend to a contract made to a corporation for the public's general benefit.

8) Homeland Security Presidential Directive 12 (HSPD-12): The Contractor must comply with personal identity verification procedures identified in this Contract that implement HSPD-12, OMB Guidance M-05-24 (as amended), and Federal Information Processing Standards Publication (FIPS PUB) Number 201 (as amended), for all employees under this Contract who require routine physical access to a Federally-controlled facility or routine access to a Federally-controlled information system.

9) Patent Rights in Inventions Made with Federal Assistance (Bayh-Dole Act) (35 U.S.C., Title 35, Part II, Chapter 18): If applicable, the Contractor's rights and responsibilities regarding inventions made during the performance of work under this federally funded project shall be governed by the Bayh-Dole Act, including the standard patent rights clause set forth at 37 C.F.R., Chapter IV, Part 401.

10) Increasing Seat Belt Use in the United States (Executive Order No. 13043, Section 1(c) and (d) (1997)): The Contractor ls encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles on official business related to this project.

B. Procurement-Specific Requirements (Flow-Down from 2 CFR 200.317-327) These requirements apply to the City's procurement of the Contractor for this project and, where indicated, to the Contractor's procurement of its sub-contractors and suppliers.

1) Domestic Preferences for Procurements (Buy America Domestic Procurement Preference - Public Law 117-58, Sec. 70911-70917 of IIJA - Section 12 of Grant Agreement):

a) Requirement: None of the funds provided under this Contract may be used for an infrastructure project unless:

i) Iron and Steel: All iron and steel used in the project are produced in the

United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

ii) Construction Materials: All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. Specific standards for materials like non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, optical fiber, lumber, drywall, and engineered wood apply as detailed in the Grant Agreement.

b) Applicability: The Buy America Preference (BAP) applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to the infrastructure project. It does not apply to tools, equipment, and supplies (e.g., temporary scaffolding) brought to the site and removed at completion, nor to portable equipment and furnishings not integral to the structure.

c) Waivers: A public interest waiver for manufactured products has been issued by the Department of the Interior (DOI) for this grant. However, the Buy America Preference requirements for iron and steel products and construction materials remain in full effect. The Contractor shall notify the City immediately if it anticipates the need for an additional waiver for any iron, steel, or construction materials for this project. The City will then follow the federal process for requesting such a waiver from the Bureau of Reclamation.

d) "Approved Equal" or Substitute Items and BABA: Any proposed "approved equal" or substitute materials or equipment, as defined in the primary Contract Documents, must also fully comply with the applicable Buy America Preference requirements as outlined in this Section B.1.

2) Contract Provisions (2 CFR 200 Appendix II): The Contractor's contract with the City shall include applicable provisions from Appendix II to 2 CFR Part 200, which covers standard federal contract clauses. These include, but are not limited to, provisions on:

a) Equal Employment Opportunity

b) During the performance of this contract, the contractor agrees as follows:

i) (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

ii) (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

iii) (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

iv) (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v) (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi) (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii) (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

viii) (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

c) Copeland "Anti-Kickback" Act

i) The Copeland (Anti-Kickback) Act ( 18 U.S.C.874 and 40 U.S.C. 3145) makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

ii) The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

d) Davis-Bacon Act for construction over $2,000.00

i) Section 41101 of the Bipartisan Infrastructure Law requires that all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under the Bipartisan Infrastructure Law (P.L. 117-58) shall be paid wages at rates no less than those prevailing on similar projects in the locality as determined by the

Secretary of Labor in accordance with 40 U.S.C. IV., Chapter 31 (also known as the Davis-Bacon Act).

e) Contract Work Hours and Safety Standards Act

i) Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

f) Rights to Inventions Made Under a Contract or Agreement

i) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2

(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

g) Clean Air Act and Federal Water Pollution Control Act

i) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

h) Debarment and Suspension

i) Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and

12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

i) Byrd Anti-Lobbying Amendment

i) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required certification.

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

j) Procurement of Recovered Materials

i) The Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. This requires procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. This applies where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.

ii) The Contractor shall procure solid waste management services in a manner that maximizes energy and resource recovery.

iii) The Contractor shall establish an affirmative procurement program for the procurement of recovered materials identified in the EPA guidelines.

3) Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms (2 CFR 200.321): The Contractor shall take all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible as sub-contractors or suppliers. Affirmative steps include:

a) Placing qualified firms on solicitation lists.

b) Assuring they are solicited whenever they are potential sources.

c) Dividing total requirements, when economically feasible, into smaller tasks.

d) Establishing delivery schedules that encourage their participation.

e) Using the services of organizations like the Small Business Administration.

4) Contract Cost and Price (2 CFR 200.324): The City will perform a cost or price analysis for this procurement. The "cost plus a percentage of cost" and "percentage of construction cost" methods of contracting are not permitted.

C. Additional Access to Recipient Records

1. In addition to any other existing examination-of-records authority, the Federal

Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations.

D. Payment to Contractor:

1. General: Payment to the Contractor for Work performed under this Contract shall be made by the City in accordance with the terms and conditions set forth herein and in the primary Contract Documents. The City's funding for this project includes federal financial assistance from the Bureau of Reclamation, which imposes specific requirements on the City as the Grantee.

2. Invoicing and Progress Payments: The Contractor shall submit applications for payment to the City at intervals specified in the Contract Documents (e.g., monthly). Each application shall detail the Work completed, materials stored on-site, and other eligible costs, supported by appropriate documentation. The City will review and verify the Work completed and costs incurred before approving payment.

3. Timely Payment: The City shall make timely payments to the Contractor for approved invoices, consistent with its obligations under the federal award to minimize the time elapsed between the transfer of federal funds to the City and the disbursement to its contractors.

4. No Payment for lo Amounts: The City is prohibited by federal regulations (2 CFR 200.305(b)(6)(iv)) from making payment to the Contractor for amounts that the Contractor withholds from its subcontractors or suppliers to assure satisfactory completion of work. Payment for such withheld amounts will only be made when the Contractor actually disburses the withheld funds to its subcontractors/suppliers or to escrow accounts established for satisfactory completion of work.

5. Final Payment: Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City to the Contractor when the Work has been fully completed in accordance with the Contract Documents, the Contractor has fulfilled all obligations under the Contract, and a final Application for Payment has been submitted and approved.

E. Project Performance and Reporting

1. Construction Performance Reports (2 CFR 200.306(c)): The Contractor shall cooperate with the City in providing necessary data for performance reports, particularly related to onsite technical inspections and certified percentage of completion data, as required by the Federal awarding agency to monitor progress.

2. Significant Developments (2 CFR 200.306(d)): The Contractor shall inform the City immediately of any problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the project. This disclosure must include proposed actions to resolve the situation and any assistance needed. Similarly, favorable developments that enable meeting schedules or objectives sooner, or at less cost, should also be reported.

F. Miscellaneous Provisions

1. Inspection (Section 6 of Grant Agreement): The Contractor shall allow the

City, the Bureau of Reclamation, and their authorized representatives the right to inspect and evaluate the work performed or being performed under this Contract, and the premises where the work is being performed, at all reasonable times.

The Contractor shall furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

2. Supplies (2 CFR 200.314) See also 200.453 Materials and supplies costs, including costs of computing devices.

1. (a) Title to supplies will vest in the City upon acquisition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other Federal award, the City must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment.

See 200.313 Equipment, paragraph (e)(2) for the calculation methodology.

3. (b) As long as the Federal Government retains an interest in the supplies, the non-Federal entity must not use supplies acquired under a Federal award to provide services to other organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute.

4. Equipment (2 CFR 200.313):

1. Title and Use: Title to equipment acquired under this Contract, whether purchased directly by the Contractor and reimbursed by the City using federal funds or purchased directly by the City for the Contractor's use on the project, shall vest conditionally in the City upon acquisition. The Contractor shall use such equipment solely for the authorized purposes of this project during the period of performance. The Contractor shall not encumber the equipment without prior written approval from the City.

2. Management: The Contractor shall implement and maintain adequate procedures for managing equipment used in the performance of the Work, including maintaining property records (description, serial number, funding source, acquisition date/cost, location, use, condition), conducting physical inventories at least every two years, establishing control systems to prevent loss/damage/theft (and investigating any such incidents), and developing maintenance procedures to keep the property in good condition. Such records shall be made available to the City, federal agencies, and auditors upon request.

3. Disposition: Upon completion of the Work or termination of this Contract, or when the equipment is no longer needed for the project, the Contractor shall return all such equipment to the City, unless otherwise directed in writing by the City. The City will be responsible for final disposition in accordance with 2 CFR 200.313.

5. BONDING – Bonding for bid, performance, and payment bonds shall comply with

2 CFR 200.326 and State of Texas Local Government Code § 2253

By submitting a bid/proposal, the Bidder acknowledges and agrees to these Supplemental General Conditions.

"General Decision Number: TX20250023 01/03/2025

Superseded General Decision Number: TX20240023

State: Texas

Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incid. to Hwy.)

Counties: Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Lampasas, Leon, Limestone, McLennan, Milam, Mills, Navarro, Robertson and Williamson Counties in Texas.

WATER & SEWAGE TREATMENT PLANTS AND LIFT PUMP STATIONS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

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Modification Number Publication Date 0 01/03/2025

SUTX1990-003 02/09/1990

Rates Fringes

CARPENTER........................$ 9.00 **

CEMENT MASON/CONCRETE FINISHER...$ 8.00 **

ELECTRICIAN......................$ 13.45 ** .80+8 1/2%

Form Builder.....................$ 7.25 **

Form Setter......................$ 7.25 **

LABORER..........................$ 7.25 **

Pipelayer........................$ 7.50 **

Power equipment operators:

Bulldozers..................$ 7.25 ** Cranes, Clamshells, Backhoes, Derricks, Dragline, Shovels...........$ 7.25 ** Front End Loaders...........$ 10.00 ** Scrapers....................$ 7.25 **

Steel Setter.....................$ 9.50 **

Steel Worker.....................$ 7.25 **

Truck drivers:

Tandem Axles................$ 7.25 ** Transit Mix.................$ 7.25 **

Utility Laborer..................$ 7.25 **

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours

8/12/25, 3:59 PM SAM.gov https://sam.gov/wage-determination/TX20250023/0 2/5

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Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

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Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be https://sam.gov/wage-determination/TX20250023/0 4/5 directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted…