City of Pharr_LS _31 _ FM Improvements_Specs_20260623.pdf

CITY OF PHARR

LIFT STATION NO. 31 AND FORCE MAIN

IMPROVEMENTS

PROJECT NO. 2526-61-587-C04-588

CONTRACT DOCUMENTS

City of Pharr, Texas

Date:

June 2026

Submitted by:

TBPE Firm No. F-17794

12042 Blanco Road, Suite 175, San Antonio, Texas 78216, (210) 437-0323 1803 Mozelle Street, Pharr, Texas 78577

In Collaboration with:

TBPE Firm No. F-18526

6/23/2026

GIC/1035 00002-1

LIFT STATION NO. 31 AND FORCE MAIN IMPROVEMENTS PROJECT

PROJECT No. 2526-61-587-C04-588

SECTION 00002

TABLE OF CONTENTS

DIVISION 0 – GENERAL CONDITIONS

PAGE

00002 TABLE OF CONTENTS 00002-1

00110 NOTICE TO BIDDERS 00110-1

00180 BIDDER’S QUALIFICATIONS 00180-1

00210 INSTRUCTIONS TO BIDDERS 00210-1

00300 BID PROPOSAL FORM 00300-1

00410 AGREEMENT 00410-1

00450 BID BOND 00450-1

00510 NOTICE OF AWARD 00510-1

00550 NOTICE TO PROCEED 00550-1

00620 PERFORMANCE AND PAYMENT BONDS 00620-1

00700 TERMS AND DEFINITIONS 00700-1

00710 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00710-1

00810 SUPPLEMENTAL CONDITIONS 00810-1

00830 WARRANTY AND FINAL PAYMENT 00830-1

00910 MODIFICATIONS 00910-1

00930 PREVAILING WAGE LEGAL REQUIREMENTS 00930-1

00940 TWDB STANDARD FORMS:

- TWDB SUPPLEMENTAL CONTRACT CONDITIONS (TWDB-0550)

- SITE CERTIFICATE (ED-101)

- CONTRACTOR’S ACT OF ASSURANCE (ED-103)

- CONTRACTOR’S ACT OF ASSURANCE RESOLUTION (ED-104)

- DEBARMENT / SUSPENSION CERTIFICATION (SRF-404)

- MONTHLY AMERICAN IRON AND STEEL (AIS) CERTIFICATE (TWDB-1106-A)

- AMERICAN IRON AND STEEL DE MINIMIS LOG (TWDB-1106-B)

- MONTHLY BUILD AMERICA, BUY AMERICA (BABA) ACT CERTIFICATE (TWDB-

1110-A)

- MONTHLY DAVIS-BACON WAGE CERTFICATE OF COMPLIANCE SUBMITTAL BY

OWNER (SUBRECIPIENT) (DB-0154)

- PREVALING WAGE RATES

- FONSI ISSUED JULY 16, 2021

00940-1

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK 011100-1

01 14 16 COORDINATION WITH OWNER 011416-1

01 22 13 MEASUREMENT AND PAYMENT 012213-1

01 29 73 SCHEDULE OF VALUES 012973-1

01 29 76 PROGRESS PAYMENT PROCEDURES 012976-1

01 31 19 PROJECT MEETINGS 013119-1

01 31 26 ELECTRONIC COMMUNICATION PROTOCOLS 013126-1

01 33 00 SUBMITTAL PROCEDURES 013300-1

01 34 00 PHOTOGRAPHIC AND VIDEO DOCUMENTATION 013400-1

01 35 29 SAFETY PLAN 013529-1

GIC/1035 00002-2

01 40 00 QUALITY CONTROL 014000-1

01 41 26 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 014126-1

01 42 00 REFERENCES 014200-1

01 45 23 INSPECTION SERVICES 014523-1

01 45 29 TESTING LAB SERVICES BY OWNER 014529-1

01 51 05 TEMPORARY UTILITIES 015105-1

01 55 26 TRAFFIC CONTROL AND REGULATIONS 015526-1

01 56 60 TREE AND PLANT PROTECTION 015660-1

01 57 27 CONTROL OF GROUNDWATER AND SURFACE WATER 015727-1

01 57 33 SECURITY 015733-1

01 58 00 PROJECT ID SIGN 015800-1

01 64 00 MANUFACTURER’S FIELD SERVICES 016400-1

-CERTIFICATE OF PROPER INSTALLATION

-CERTIFICATE OF SUCCESSFUL EQUIPMENT TESTING

01 65 00 PRODUCT DELIVERY REQUIREMENTS 016500-1

01 66 00 PROJECT STORAGE AND HANDLING REQUIREMENTS 016600-1

01 71 23 FIELD SURVEY AND CONSTRUCTION STAKING 017123-1

01 73 24 CONNECTION EXISTING FACILTY 017324-1

01 73 29 CUTTING AND PATCHING 017329-1

01 74 05 CLEANING 017405-1

01 74 19 WASTE MATERIAL DISPOSAL 017419-1

01 75 20 FACILITY STARTUP AND COMMISSIONING 017520-1

01 75 60 EQUIPMENT TESTING AND FACILITY START UP 017560-1

01 77 19 CLOSEOUT REQUIREMENTS 017719-1

01 78 23 OPERATION AND MAINTENANCE DATA 017823-1

01 78 36 WARRANTIES 017836-1

01 78 39 PROJECT RECORD DOCUMENTS 017839-1

01 79 23 INSTRUCTION OF OPERATIONS AND MAINTENANCE PERSONNEL 017923-1

DIVISION 2 – EXISITING CONDITIONS

02 41 00 DEMOLITION 024100-1

DIVISION 3 – CONCRETE

03 30 00 CONCRETE 033000-1

DIVISION 4 – MASONRY

04 22 00 CONCRETE UNIT MASONRY 042200-1

04 22 10 REINFORCED UNIT MASONRY 042210-1

DIVISION 5 – METALS

05 05 33 ANCHOR SYSTEMS 050533-1

05 50 13 MISCELLANEOUS METAL FABRICATIONS 055013-1

05 52 15 ALUMINUM HANDRAILS AND RAILING 055215-1

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

07 92 00 JOINT SEALANTS 079200-1

GIC/1035 00002-3

DIVISION 9 – FINISHES

09 91 00 PAINTING AND COATING 099100-1

09 91 10 CORROSION PROTECTION FOR CONCRETE STRUCTURES 099110-1

DIVISION 10 – SPECIALITIES

10 06 70 IDENTIFICATION, STENCILING, AND TAGGING 100670-1

10 14 23 SIGNS 101423-1

DIVISION 22 – PLUMBING

22 05 53 MECHANICAL IDENTIFICATION 220553-1

DIVISION 26 – ELECTRICAL

26 00 00 BASIC ELECTRICAL REQUIREMENTS 260000-1

26 05 50 BASIC ELECTRICAL MATERIALS AND METHODS 260050-1

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519-1

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-1

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-1

26 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS 260543-1

26 08 00 COMMISSION OF ELECTRICAL SYSTEMS 260800-1

26 24 16 PANELBOARDS 262416-1

26 29 13 ENCLOSED MOTOR CONTROLLERS, LOW VOLTAGE (FVNR) 262913-1

26 32 13 STANDBY GENERATOR 263213-1

26 35 33 POWER FACTOR CORRECTION CAPACITORS 263533-1

26 36 00 AUTOMATIC TRANSFER SWITCHES 263600-1

26 41 00 SAFETY SWITCHES – HEAVY DUTY 264100-1

26 41 10 POWER SYSTEM STUDY 264110-1

26 43 13 SURGE PROTECTION FOR LOW VOLTAGE ELECTRICAL POWER CIRCUITS 264313-1

DIVISION 31 – EARTHWORK

31 05 13 SOIL FOR EARTHWORK 310513-1

31 11 00 CLEARING AND GRUBBING 311100-1

31 20 00 EXCAVATION AND BACKFILL FOR STRUCTURES 312000-1

31 23 00 EXCAVATION AND FILL 312300-1

31 23 19 DEWATERING 312319-1

31 23 33 EXCAVATING, BACKFILLING, AND COMPACTION FOR UTILITIES 312333-1

31 23 35 UTILITY BACKFILL MATERIALS 312335-1

31 32 13 CEMENT STABILIZED SAND 313213-1

31 41 33 TRENCH EXCAVATION SAFETY PROTECTION 314133-1

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 37 CALICHE FLEXIBLE BASE COURSE 321137-1

32 11 40 ASPHALT STABLIZED BASE 321140-1

32 12 14 PRIME COAT 321214-1

32 12 15 TACK COAT 321215-1

32 12 16 ASPHALTIC CONCRETE PAVING 321216-1

32 12 17 CONCRETE PAVING 311217-1

32 12 18 CONCRETE PAVING JOINTS 321218-1

32 16 23 CONCRETE CURB AND SIDEWALKS 321623-1

32 17 23 REFLECTORIZED PAVEMENT MARKINGS 321723-1

32 31 13 CHAIN LINK FENCES AND GATES 323113-1

32 91 19 TOPSOIL 329119-1

GIC/1035 00002-4

32 92 13 HYDRO-MULCH SEEDING 329213-1

32 92 23 SODDING 329223-1

DIVISION 33 – UTILITIES

33 01 30 CLEANING AND TELEVISION INSPECTION 330130-1

33 03 10 SANITARY SEWER BYPASS PUMPING 330310-1

33 05 07 SEWER LINE IN TUNNELS 330507-1

33 05 08 TUNNEL SHAFTS 330508-1

33 05 09 TUNNEL EXCAVATION AND PRIMARY LINER 330509-1

33 05 10 TUNNEL GROUT 330510-1

33 05 14 ADJUSTING MANHOLES, INLETS AND VALVE BOXES TO GRADE 330514-1

33 05 31.11 POLYVINYL CHLORIDE GRAVITY PIPE 330531.11-1

33 05 31.13 POLYVINYL CHLORIDE PRESSURE PIPE 330531.13-1

33 05 76 FIBERGLASS MANHOLES 330576-1

33 14 22 ACCEPTANCE TESTING OF SANITARY SEWERS AND MANHOLES 331422-1

33 29 15 FRAMES, GRATES, RINGS, AND COVERS 331422-1

33 31 11 GRAVITY SANITARY SEWER 333111-1

33 32 20 FIBERGLASS LIFT STATION WET WELL 333220-1

DIVISION 40 – PROCESS INTERCONNECTIONS

40 05 07 PIPE HANGERS AND SUPPORTS 400507-1

40 05 13 PIPING SYSTEM TESTING 400513-1

40 05 70 PROCESS VALVES 400570-1

40 05 78 AIR RELEASE AND VACUUM RELIEF VALVE 400578-1

40 23 39 PROCESS PIPING GENERAL 402339-1

40 23 39.1 DUCTILE IRON PIPE 402339.1-1

40 23 39.2 STAINLESS STEEL PIPE 402339.2-1

40 23 39.3 PVC PIPE 402339.3-1

40 23 39.4 YELLOWMINE PIPE 402339.4-1

40 46 16 PIPE CORROSION CONTROL 404616-1

40 67 00 CONTROL SYSTEM EQUIPMENT PANELS 406700-1

40 70 00 INSTRUMENTATION 407000-1

40 78 00 PANEL MOUNTED EQUIPMENT 407800-1

DIVISION 41 – CRANES AND HOISTS

41 23 23 HOIST AND MONORAIL SYSTEMS 412323-01

DIVISION 43 – PROCESS GAS AND LIQUID HANDLING, AND STORAGE EQUIPMENT

43 25 60 SUBMERSIBLE NON-CLOG LIFT STATION 432520-01

DIVISION 44 – POLLUTION AND WASTE CONTROL EQUIPMENT

44 31 21 ODOR CONTROL BIOFILTERS 443121-01

APPENDIX A – GEOTECHNICAL REPORT (For Information Only)

END OF SECTION

NOTICE TO BIDDERS

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Electronic sealed bids addressed to Dr. Jonathan B. Flores, City Manager, City of Pharr, shall be received “electronically” via the City’s e-bidding portal https://pharr.procureware.com until

Wednesday, July 29, 2026, at 3:00 p.m. (CST). At that time, the bids will be unlocked and opened in a public meeting to be held via Microsoft Teams: Meeting ID: 260 649 639 894

838; Passcode: vU7sB39o. “Electronic” bids must be in the City of Pharr’s possession on or before the aforementioned date and time. Original, hard copy, emailed, and or/late submissions shall not be accepted. City of Pharr normal business working days are Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. and closed on Saturdays, Sundays and City recognized holidays.

This Project consists of replacing existing LS 31 with a new lift station at a different location. It also includes associated force main and gravity sewer main.

A Bidder’s Bond from a reliable surety company licensed to operate in the State of Texas or certified

Cashier’s Check, payable without recourse to the City of Pharr, for the amount of not less than five (5) percent (%) of the total bid shall accompany the bid as a guaranty that, if awarded the contract, the bidder will enter into a contract with the City of Pharr within the time specified.

Original Bid Bond shall be delivered in a sealed envelope and clearly marked as follows:

BID BOND FOR PROJECT NO. 2526-61-587-C04-588

Physical Address:

Purchasing Department

Attn: Maritza Magallan, Purchasing Director

118 S. Cage Blvd. (2nd floor)

Pharr, TX 78577

Mailing Address:

Purchasing Department

Attn: Maritza Magallan, Purchasing Director

P.O. Box 1729

Pharr, TX 78577

Payment and Performance Bonds shall be executed except in the event that the total amount bid is $50,000 or less, the successful contractor has the option to enter into a single payment contract with the City of Pharr in lieu of a Performance Bond. In the event that the total amount bid is $25,000 or less, the successful contractor has the option to enter into a single payment contract with the City of Pharr in lieu of a Payment and Performance Bond. Failure to execute contracts within the time specified shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security (bid bond) deposited with his bid.

a. This contract is contingent upon release of funds from the Texas Water Development

Board (TWDB).

b. Any contract or contracts awarded under this Invitation for Bid (IFB), Request for

Proposals (RFP), or Request for Qualifications (RFQ) are expected to be funded in part by financial assistance from the TWDB. Neither the U.S. Environmental Protection Agency https://pharr.procureware.com/

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(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.

c. Any contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS) requirements of Section 608 of the Federal Water Pollution Control Act.

d. 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.

e. 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).

f. The Davis-Bacon prevailing wage requirements apply to Contractors and 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.

g. For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, 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.

h. Any contracts or subcontracts in excess of $2,000 must include the provisions of the

Davis-Bacon Wage Rate Requirements found in TWDB Guidance No. DB-0156.

Bidders must comply with Section 70901 of P. L. 117-58 of the Bipartisan Infrastructure Law, 2021 (regarding the Build America, Buy America Act).

To view this solicitation and submit a bid, you must first register in the City’s bidding portal at https://pharr.procureware.com. Solicitation documents will not be mailed, e-mailed, or provided in person. Once registered, you will also be added to the solicitation distribution list for changes and/or additions via Addenda form. An electronic bid tabulation shall be posted on our website depicting all bids received. Potential bidders are expected to inspect the site of work and to inform themselves regarding all local conditions, which may affect their bid.

Potential Bidders are asked to post their questions on our bidding portal under the tab labeled

“Clarifications/Questions” under the relative project number. The deadline for questions is

Wednesday, July 22, 2026, at 5:00 p.m. (CST), and the deadline for addendums is Monday, July 27, 2026, at 5:00 p.m., (CST).

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The City of Pharr reserves the right to refuse and reject any or all bids, to waive any or all formalities, or technicalities, and to accept the bid to be the best and most advantageous to the

City, and hold the bids for a period of ninety (90) days without taking action. Conditional bids will not be accepted. Bids sent via facsimile shall not be accepted.

Electronic BIDS: https://pharr.procureware.com

A “non-mandatory” Pre-Bid Conference will be held Wednesday, July 15, 2026, at 2:00 p.m. (CST) in the Large Conference Room (1st Floor) Pharr City Hall, 118 S. Cage Blvd., Pharr, TX 78577. Pre-Bid Conference shall also be available through Microsoft Teams:

Meeting ID: 295 404 234 867 134 ; Passcode: Yu6AK7df. All prospective bidders are encouraged to be in attendance. Pre-Bid Meeting log shall be posted in the City’s bidding portal https://pharr.procureware.com.

Applicable Product Categories: 890-66 Sewer Lift Stations, Including Parts and Accessories, 915-02 Advertising Services, Including Notice of Bid Solicitation, Statutory Notices, Legal

CITY OF PHARR – PURCHASING DEPARTMENT

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THIS PAGE INTENTIONALLY LEFT BLANK

BIDDERS QUALIFICATIONS

00180-1

SECTION 00180

BIDDER'S QUALIFICATIONS

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. This section contains the bidder’s qualifications for the project.

1.02 DEFINITIONS

A. Refer to Section 0700

1.03 BIDDER’S EXPERIENCE

A. Bidder shall have experience, human resources and access to the equipment necessary for performing the project work. In addition, it is required that a minimum of 60% of the project be completed by the bidders’ own workforce.

B. Bidder shall have performed substantially the same type of work as is required in the project in its prior work experience.

C. The successful bidder shall appoint a “competent person” of the company to be full time supervisor or superintendent at the site. The competent person must be available at all times during the pendency of the project and must be available during “off-hours.

1.04 STATEMENT OF QUALIFICATIONS AND OWNER’S REVIEW

Bidder shall submit on the form furnished in this section for that purpose, a Statement of Bidder’s Qualifications. The Owner shall have the right to take such steps or perform such investigations as it deems necessary to determine the ability of the bidder to perform the obligations under this Contract, and the bidder shall furnish any and all information or data requested for this purpose. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

BIDDERS QUALIFICATIONS

00180-2

1.05 STATEMENT OF QUALIFICATIONS FORM.

Date: _____________________, 202_.

Proposal of __________________________________________________ (hereinafter called “Bidder”) a ______________________ (Corporation, Partnership, LLC, LLP, etc.) organized and existing under the laws of the State of Texas.

To the City of Pharr (hereinafter called “Owner”).

Gentlemen:

The Bidder is in compliance with the Bidder’s Qualifications Section(s) of the specifications for the LIFT STATION NO. 31 AND FORCE MAIN IMPROVEMENTS PROJECT, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, hereby submits the following:

1.06 STATEMENT OF QUALIFICATIONS:

A. Years of experience in similar type of projects:

B. Work on similar type projects: Provide a minimum of three (3) similar type projects.

Complete reference forms included in Attachment A.

C. Name of full-time superintendent and experience resume:

D. Number of employees of the bidder that will be working on the project:

E. Names of Subcontractors: Provide names of subcontractors for this project with the following information: Name, Location and Experience. The subcontractors shall have a minimum of three (3) years of experience.

F. Provide information of available equipment.

PART 2 - P R O D U C T S - NOT USED

PART 3 - E X E C U T I O N – NOT USED

00180-3

ATTACHMENT A

Project Name: Lift Station No. 31 and Force Main Improvements Project Contractor:

Complete all the fields below.

If all fields are not completed, the Bid may be rejected due to non-responsiveness. If it is not acceptable to indicate “See Attached.”

Using the summary format included below list and describe bidder’s (not proposed subcontractor’s) construction experience for a minimum of three (3) successfully completed projects for similar projects as described in the bid proposal during the last ten (10) years.

Bidders should refer to Work described in contract specifications “Summary of Work” to determine what is reasonably comparable. Decisions on “comparability” are at the complete discretion of the OWNER.

Project(s) must demonstrate the following:

Construction of a triplex submersible lift station with a minimum depth of 20-ft.

Construction of a minimum of 100-ft by Jack, Boring, and Tunneling Construction for Sewer Mains equal to or greater than 12-inch.

Installation of 8, 12, and 15-inch sewer (or greater) in urban locations.

Sanitary Sewer Lift Station Abandonment.

AT LEAST TWO (2) OF THE PROJECTS MUST INCLUDE CONSTRUCTION OF A LIFT STATION.

AT LEASE ONE (1) OF THE PROJECT MUST INCLUDE A LIFT STATION WITH MINIMUM DEPTH OF

20-FT

AT LEAST ONE (1) PROJECT MUST INCLUDE JACK, BORING, AND TUNNELIING CONSTRUCTION OF

A SANITARY SEWER.

(Note: Ensure the contact information provided is current and valid. References will be contacted.)

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PROJECT No. 1 – EXPERIENCE

Name of Project: Location:

OWNER’S Name and Address

OWNER’S Contact Person (Print) Telephone (___)

Project Manager Name: Superintendent Name:

Email Addresses:

Contract Price: $ Contract Start Date (NTP):

Contract Time: days ( ) Calendar Days ( ) Working

Contract Substantial Completion Date: Actual Substantial Completion Date:

Number of Contractor’s Claims: Number of Change Orders:

Final Contract Price: $

Project Description (Describe how this project is similar to the Pharr Lift Station No. 31 and Force Main Improvements Project. Use separate sheet(s) for additional space if necessary):

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PROJECT No. 2 – EXPERIENCE

OWNER’S Name and Address

OWNER’S Contact Person (Print) Telephone (___)

Project Manager Name: Superintendent Name:

Email Addresses:

Contract Price: $ Contract Start Date (NTP):

Contract Time: days ( ) Calendar Days ( ) Working

Contract Substantial Completion Date: Actual Substantial Completion Date:

Number of Contractor’s Claims: Number of Change Orders:

Final Contract Price: $

Project Description (Describe how this project is similar to the Pharr Lift Station No. 31 and Force Main

00180-6

PROJECT No. 3 – EXPERIENCE

OWNER’S Name and Address

OWNER’S Contact Person (Print) Telephone (___)

Project Manager Name: Superintendent Name:

Email Addresses:

Contract Price: $ Contract Start Date (NTP):

Contract Time: days ( ) Calendar Days ( ) Working

Contract Substantial Completion Date: Actual Substantial Completion Date:

Number of Contractor’s Claims: Number of Change Orders:

Final Contract Price: $

Project Description (Describe how this project is similar to the Pharr Lift Station No. 31 and Force Main

INSTRUCTIONS TO BIDDERS

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SECTION 00210

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. This section contains the instructions to bidders for the project.

1.02 DEFINITIONS

A. Refer to Section 0700

1.03 DOCUMENTS

A. Contract Documents, including Drawings and Technical Specifications are on file online, and at the City’s Purchasing Department's Office located on the (2nd Floor) at 118 S. Cage Blvd., Pharr, TX 78577.

B. Potential Bidders are asked to post their questions on our bidding portal (https://pharr.procureware.com) under the tab labeled “Clarifications/Questions” under the relative project number.

C. Bidders, suppliers, or sub-contractors may obtain electronic copies of the Bid Solicitation documents, Proposal Forms, and Contract Documents, at no cost, by visiting our bidding portal at https://pharr.procureware.com.

D. Bidder should thoroughly examine and become familiar with the Bid Solicitation/Contract Documents, including, but not limited to, the plans, specifications, and any issued addendum(s). By execution of the Contract, the Bidder (Contractor) shall be responsible for any and all obligations under the Contract and failure by Contractor to become acquainted with the Contract Documents will not relieve Contractor from such obligations.

1.04 ADDENDA AND INTERPRETATIONS:

A. No interpretations of the meaning of the plans, specifications, or other bid solicitation documents will be made orally to any bidder. Every request for such interpretation should be posted on our bidding portal and must be received at least five (5) days prior to the date fixed for the opening of bids to be given consideration. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications which, if issued, will be sent via facsimile, mailed by regular mail, e-mailed, and/or posted on our bidding portal at https://pharr.procureware.com. All prospective bidders are advised to visit our bidding portal for the most current information. All addenda shall be posted on our bidding portal not later than two (2) days prior to the date fixed for the opening of bids.

Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

https://pharr.procureware.com/

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1.05 NOTICES

A. The City of Pharr (Owner) reserves the right to accept or reject bids submitted waive formalities in bidding; accept the bid deemed most advantageous to the City of Pharr.

B. Bids may be held by the Owner for a period not to exceed ninety (90) days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

C. The Owner is an Affirmative Action and Equal Opportunity Employer.

D. Small and minority firms are encouraged to submit bids for this project.

1.06 PREPARATION OF BID AND USE OF SEPARATE BID FORMS:

A. These Contract and Specifications includes a complete set of bidding forms which are for the convenience of the bidders. Bid forms furnished in this document shall be copied by the bidder and should be filled in and submitted with all values completed in ink.

B. The use of subcontractors is allowed; however, the bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the owner.

1.07 MODIFICATION:

A. Bidder shall not modify bid by fax or other method at any time prior to the schedule closing time for receipt of bids.

1.08 METHOD OF BIDDING (UNIT PRICES) WHERE APPLICABLE:

A. The unit prices for each of the several items in the proposal of each bidder shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to the requirement may be rejected as informal. The special attention of all bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increases or decreases in quantities, nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five (25%) percent, except for work not covered in the drawings and technical specifications and the Standard General Conditions for Construction Contract of agreement.

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1.09 BASIS OF PROPOSALS AND SELECTION CRITERIA

A. The City of Pharr, City Commission has authorized the use of the Competitive Sealed Proposal method of solicitation. The following criteria and scoring matrix is hereby incorporated: The City of Pharr reserves the right to apply all criteria as deemed appropriate and allowed in Texas Local Government Code 252 and 2269. Including but not limited to the below, and other relevant factors specifically denoted in the solicitation package. The City of Pharr specifically requests offerors to answer and provide information related to the following criteria. Questions left unanswered or omitted requested information may result in a partial or total reduction of allocated points

1. 45 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score.

2. 30 POINTS - CONTRACTOR QUALIFICATIONS/REFERENCES: When evaluating a contractor’s qualifications, the City uses the “Contractor’s Statement of Qualifications” and corresponding references attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows:

(Points = Score) with a maximum of thirty points allowable. Each evaluator assigns points based upon the responses the contractor provides in the “Contractor’s Statement of Qualifications” And any past experience with the contractor. The “Contractor’s Statement of Qualifications” is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal.

3. 15 POINTS -SAFETY INFORMATION FOR PRIME CONTRACTOR AND KEY

SUBCONTRACTOR(S) This criterion is also more subjectively evaluated and the formula is as follows: (Points = Score) with a maximum of fifteen points allowable. Each evaluator assigns points based upon the responses you provide in your “Safety Record Questionnaire” and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Pharr residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor’s control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR.

a. Provide records showing Total Recordable Incident Rate (TRIR) for each year for the past five (5) years for the Prime Contractor and Key Subcontractor(s).

b. Provide records showing the company’s Experience Modification Rate (EMR) for the past three years for the Prime Contractor and Key Subcontractor(s).

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c. List any fatalities in the company’s safety history for the Prime Contractor and Key Subcontractor(s).

4. (10 POINTS) FINANCIAL STRENGTH

a. On a separate sheet, attach your company's current financial statement.

b. Has your company ever filed bankruptcy?

c. Are there any judgments, claims, mediation proceedings, arbitration proceedings or suits pending or outstanding against your organization or its officers? If yes, attach details.

1.10 SELECTION

A. Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Pharr considering the relative importance of evaluation factors included in this RFP.

B. NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF PHARR WATER

UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR

FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY

SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

C. The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

D. In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria.

E. Bidders must include all allowances, deductive, add, and/or alternative bid pricing as specified.

F. If there is a discrepancy between prices quoted by written words or figures, the price quoted by words will govern.

G. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind."

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1.11 BID GUARENTEE:

A. Each bidder shall furnish a bid guarantee equivalent to five percent of the bid price (Water Code 17.183) by cash, certified cashier’s check or a bid bond . If a bid bond is provided, the Contractor shall 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.

B. Such cash, checks, or bid bonds will be returned to all except the three lowest bidders within five (5) days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract or if no award has been made, within ninety (90) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

C. Liquidated damages for failure to enter into contract: The successful bidder, upon his failure or refusal to execute and deliver the contract and insurance certificates required within ten

(10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

1.12 PROJECT BONDING

A. On all contracts that will equal to or exceed $100,000.00, the performance bond and the payment bond must be provided from a surety that is licensed in the State of Texas.

B. In the event that the contract amount total(s) $50,000 or less, the successful contractor has the option to enter into a single payment contract with the City of Pharr in lieu of a Performance Bond, provided that no money shall be paid to the contractor until completion of the work by the contractor and acceptance of same by the City of Pharr. In the event that the total amount bid is $25,000 or less, the successful contractor has the option to enter into a single payment contract with the City of Pharr in lieu of a Payment and Performance Bond(s).

C. Required performance bond must be written in the amount of 100% of the Contract amount.

D. Required payment bond must be written in the amount of 100% of the Contract amount.

E. All project(s) stemming from this contract will require a warranty on maintenance and defects to begin at acceptance of the project(s) and for the duration of a minimum one (1) year unless otherwise noted for a longer term.

1.13 TIME OF COMPLETION AND LIQUIDATED DAMAGES:

A. Bidder must agree to commence work within ten (10) days of the written “Notice to Proceed” from the Owner and to complete the project within Three Hundred and Sixty Five (365) calendar days thereafter.

B. Bidder must agree also to pay as liquidated damages the sum of five hundred dollars and fifty ($550) per day for each consecutive calendar day thereafter as provided in the general conditions.

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1.14 CONDITIONS OF WORK:

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of, or interference with, the work of any other Contractor.

1.15 INSPECTION OF SITE:

A. Bidder should visit the site(s) of the proposed work and become fully acquainted with the existing conditions of the site and with the facilities involved, with a special consideration to the difficulties and restrictions attending the performance of the Contract.

1.16 PAYMENT REQUESTS

A. Contractor shall be expected to invoice the City of Pharr, at the awarded unit price(s), on a per project basis for completed items. All invoices shall reflect appropriate Purchase Order Number(s) as designated by the Purchasing Department.

1. Contractor shall be expected to state on the request for payment (invoice) the Purchase Order Number, Project Number, Title of Project, the date(s) work was performed, the proper address where the work was performed, the type of work performed (line item descriptions), the quantity of work as per the unit of measure, the unit price, and the extended cost.

1.17 AUDIT

The City of Pharr reserves the right to audit the bidder's books and records relating to the performance of this contract. The City of Pharr, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours' advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business working days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

1.18 WORKING DAYS

Working Days - working days, except Saturdays, Sundays and City recognized holidays, if weather or other conditions permit the performance of the principle unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hours between 7:00 a.m. and 6:00 p.m.

1.19 CHAPTER 2252.152 TEXAS GOVERNMENT CODE

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TEXAS GOVERNMENT CODE CHAPTER 2252.152 CONTRACTS WITH COMPANIES

ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST

ORGANIZATION PROHIBITED

A. In accordance with Chapter 2252.152 of the Texas Government Code, Bidder is to acknowledge that Bidder does not engage in business with Iran, Sudan or any foreign terrorist organization and Bidder is not listed by the Texas Comptroller as a terrorist organization.

1.20 CHAPTER 2270 TEXAS GOVERNMENT CODE

TEXAS GOVERNMENT CODE CHAPTER 2270 PROHIBITION ON CONTRACTS WITH

COMPANIES BOYCOTTING ISRAEL

A. “In accordance with Chapter 2270, Texas Government Code, a government entity may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract.

Sample Wording: “Bidder hereby Acknowledges the Prohibition of Contracts with Foreign Terrorist Organizations and with the Boycotting of Israel. The signatory executing this contract on behalf of company hereby verifies that the company is not on the Texas Comptroller’s list of terrorist organizations, is not engaged in business with Iran, Sudan or any foreign terrorist organization and will not boycott Israel throughout the term of this contract.” (to be submitted on company letterhead with authorized signor(s) signature(s))

1.21 CHAPTER 2253 TEXAS GOVERNMENT CODE – RETAINAGE

All Contract pay applications shall bear a retainage of five (5) percent (%) on each partial disbursement.

1.22 CONDITIONS OF WORK

A. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of, or interference with, the work of any other Contractor.

1.23 INSPECTION OF SITE

A. Bidder should visit the site of the proposed work and become fully acquainted with the existing conditions of the site and with the facilities involved, with a special consideration to the difficulties and restrictions attending the performance of the Contract.

1.24 EXPERIENCE AND WORKFORCE

A. Bidder shall have experience, human resources and access to the equipment necessary for performing the project work. In addition, it is required that a minimum of 60% of the project be completed by the bidders’ own workforce.

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1.25 HOUSE BILL (H.B.) 1295 – “DISCLOSURE OF INTERESTED PARTIES”

In 2015, the Texas Legislature adopted House Bill 1295 (H.B. 1295) has been revised.

Portions of the text of subsection as amended by Acts 2017, 85th R.S., Ch. 526 (SB 255).

(Changes identified by italicized text apply only to a contract entered into or amended on or after January 1, 2018).

1.26 HOUSE BILL (H.B.) 1295 SEC. 2252.908. DISCLOSURE OF INTERESTED PARTIES

CONTINUED:

(a) In this section:

(1) “Business entity” means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation.

(2) “Governmental entity” means a municipality, county, public school district, or special-purpose district or authority.

(3) “Interested party” means a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity.

(4) “State agency” means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government. The term includes an institution of higher education as defined by Section 61.003, Education Code.

(b) This section applies only to a contract of a governmental entity or state agency that:

(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

(2) has a value of at least $1 million.

(c) Notwithstanding Subsection (b), this section does not apply to:

(1) a sponsored research contract of an institution of higher education;

(2) an interagency contract of a state agency or an institution of higher education;

(3) a contract related to health and human services if:

(A) the value of the contract cannot be determined at the time the contract is executed; and

(B) any qualified vendor is eligible for the contract;

(4) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;

(5) a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or

(6) a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=ED&Value=61.003

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(d) A governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

(e) The disclosure of interested parties must be submitted on a form prescribed by the Texas

Ethics Commission that includes:

(1) a list of each interested party for the contract of which the contracting business entity is aware; and

(2) a written, unsworn declaration subscribed by the authorized agent of the contracting business entity as true under penalty of perjury that is in substantially the following form:

“My name is ________________________________, my date of birth is _________________, and my address is (Street) (City) (State) (Zip Code) (Country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in _______ County, State of ________, on the ________ day of ________, ________.

(Month) (Year) Declarant”.

(f) Not later than the 30th day after the date the governmental entity or state agency receives a disclosure of interested parties required under this section, the governmental entity or state agency shall submit a copy of the disclosure to the Texas Ethics Commission.

(g) The Texas Ethics Commission shall adopt rules necessary to implement this section, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's Internet website.

Added by Acts 2015, 84th Leg., R.S., Ch. 1024 (H.B. 1295), Sec. 3, eff. September 1, 2015. Amended by Acts 2017, 85th Leg., R.S., Ch. 526 (SB 255, Sec. 5, eff. September 1, 2017).

https://www.ethics.state.tx.us/tec/1295-Info.htm https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

As a business entity under this law, it is your firm’s responsibility to comply with all disclosure laws including Chapter 2252. The City of Pharr as the governmental entity must ensure compliance of the same.

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.HTM http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/SB00255F.htm https://www.ethics.state.tx.us/tec/1295-Info.htm https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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Note: You will be required to register and create an account. Once registered, you will receive an email containing a password setup link. Click on the link to set your password.

After you have established an account, you will use your email address, password, and user type (Business Entity) to log in to the filing application to enter the required information on Form 1295. Print a copy of the completed form which includes a unique certification of filing number assigned by the application. An authorized agent of the business must sign the form and have the form notarized. The completed Form 1295 with an “unsworn declaration” certification with signature must be submitted at the time the signed contract is submitted to the City of Pharr. Failure to comply may result in contract revocation and award to the next compliant contractor/vendor.

1.27 CONTINGENT AWARD OF CONTRACT

A. This contract is contingent upon release of funds from the Texas Water Development Board.

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 Texas Water Development Board and a grant from the United States Environmental Protection Agency, U.S. EPA. Neither the State of Texas, the U.S. EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract.

1.28 DISADVANTAGED BUSINESS ENTERPRISE GOALS

A. The current fair share goals for the State of Texas are as follows:

CATEGORY MBE WBE

Construction 19.44% 9.17%

Equipment 16.28% 11.45%

Services 20.41% 13.66%

Supplies 25.34% 8.82%

1.29 DAVIS-BACON WAGE REQUIREMENTS

A. 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).

B. The Davis-Bacon prevailing wage requirements apply to Contractors and 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.

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C. For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, 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.

D. Any contracts in excess of $2,000 must include the provisions of the Davis-Bacon Wage Rate Requirements. 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.

1.30 AMERICAN IRON AND STEEL

A. Any contract(s) awarded under this Invitation for Bids 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.

1.31 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

A. 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.

1.32 DEBARMENT AND SUSPENSION CERTIFICATION

A. 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

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1.33 BID GUARANTEE

A. Each bidder shall furnish a bid guarantee equivalent to five percent of the bid price (Water Code…