Contract Documents (1).pdf

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

LIFT STATION NO. 1 WET WELL CONVERSION

HARRIS COUNTY, TEXAS

FAULKEY GULLY MUNICIPAL UTILITY DISTRICT

IDS Project No. 2369-007-00 Contract No. 1

JULY 2026

Prepared by: IDS Engineering Group 13430 Northwest Freeway, Suite 700 Houston, Texas 77040 t 713.462.3178

TxEng Firm 2726 | TxSurv Firm 10110700

This document is released for the purpose of bidding under the authority of Alex Murillo, P.E. 149109 on 7/24/2026. It is not to be used for construction purposes.

BID SET

Revised 03/11/2023

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

LIFT STATION NO. 1 WET WELL CONVERSION

Project No. 2369-007-00, Contract No. 1

HARRIS COUNTY, TEXAS

TABLE OF CONTENTS

CONTRACT DOCUMENTS

A. Notice to Bidders

B. Instructions to Bidders

C. Proposal

D. Agreement

E. Performance Bond

F. Payment Bond

G. General Conditions of the Agreement

H. Special Conditions of the Agreement

I. Technical Specifications

NOTICE TO BIDDERS

FAULKEY GULLY MUNICIPAL UTILITY DISTRICT will receive electronic bids for construction of "LIFT STATION NO. 1 WET WELL CONVERSION, Project No. 2369-007-00, Contract No. 1; HARRIS COUNTY, Texas" using the Civcast USA (“CivCast”) website; www.civcastusa.com. The project includes conversion of the existing dry/wet pit lift station to a wet pit with submersible pumps, removal of the top slab and equipment to fill the dry pit. A Pre-bid conference will be held on Monday, August 3, 2026 at 10:00 a.m. Local Time. The prebid conference will be on site at 13434 Louetta Rd, Cypress, Texas 77429. Bids will be publicly opened and read via teleconference on Tuesday, August 11, 2026 at 10:00 a.m. Local Time. The Pre-bid conference is not mandatory. For Access to the teleconference for the bid opening, dial (605) 562-8400, and use access code: 4001143#.

Proposals must be accompanied by a certified or cashier’s check or a bid bond from a surety company holding a permit in the State of Texas for an amount equal to 5% of the amount bid. The amount of said certified or cashier’s check or bond will be forfeited to the OWNER and the bank or surety shall be liable to the OWNER for the amount in the event the successful bidder shall fail or refuse to enter into a contract or furnish bonds as hereafter required within ten (10) days after the date of notice of award. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the ENGINEERS office (IDS Engineering Group, 13430 Northwest Freeway, Suite 700, Houston, Texas 77040), the original certified or cashier’s check within twenty-four (24) hours of the bid opening.

The successful bidder must furnish a performance bond and a payment bond on the forms provided, each in the amount of 100% of the Contract price from a surety company licensed by the State of Texas.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search “FGMUD Lift Station No. 1 Wet Well Conversion”. Bidders must register on this website in order to view and/or download specifications, plans, and other related documents for this project. There is NO charge to view or download documents.

The OWNER reserves the right to reject any or all bids and to waive informalities or irregularities in bidding. In case of lack of clarity in stating prices, the OWNER reserves the right to consider the most advantageous construction thereof, or reject the bid.

http://www.civcastusa.com/

SECTION B

INSTRUCTIONS TO BIDDERS

1. Preparation of Bids:

Unless otherwise directed submit complete bid packages electronically using the CivCast USA website; www.civcastusa.com. Prepare bids in accordance with the Contract Documents including but not limited to the Notice to Bidders, the Instructions to Bidders, and any instructions on the Proposal and Bid Sheet. If optional or alternate items are included in the Proposal and bidder does not wish to bid these items, enter the words NO BID in the appropriate space. Alternate bids will not be considered unless specifically requested in the proposal form. Any statement or letter qualifying the bid will be cause for rejection.

2. Owner:

The OWNER reserves the right to reject any or all bids and to waive informalities and irregularities in bidding. Contract award will be made to the responsible bidder who, in the OWNER's judgment, will be most advantageous to the OWNER and result in the best and most economical completion of the project.

3. Bidders:

Bidders desiring further information or interpretation must request such information or interpretation from the ENGINEER. Should a Bidder discover a discrepancy or an omission in plans or specifications, he should at once notify the ENGINEER via the Q&A feature for the project on CivCast so that an addendum can be issued. No explanation or interpretation other than an addendum issued by the ENGINEER will be considered official or binding.

4. Award of Contract:

The OWNER reserves the right to reject any and all bids. Unless the OWNER rejects all bids, an award will be made as quickly as possible consistent with the time required to analyze the bids.

The award of the Contract may be made on the BASE BID only or any combination of the BASE

BID AND ALTERNATE BIDS.

5. Conditions of Work:

Bidders are expected to be fully informed of construction and labor conditions under which the work will be performed, and to have thoroughly reviewed the plans, contract documents and specifications. Failure to do so will not relieve a successful bidder of any obligation to furnish material and labor necessary to complete the project.

6. Time of Completion:

Attention is directed to the proposal wherein either a blank space is provided for the bidder to enter the number of calendar days within which he agrees to complete the work, unless the completion time is specified by the OWNER.

http://www.civcastusa.com/

SECTION B - INSTRUCTION TO BIDDERS

B - 2

7. Substitutions:

Where materials or equipment are specified by a trade or brand name, it is not the intention of OWNER to discriminate against an equivalent product of another manufacturer, but to set a definite standard of quality or performance, and to establish an equivalent basis for the evaluation of bids. In preparing his bid, each bidder is expected to include in his base bid the cost of the items so specified.

8. Modification and Withdrawal of Bids:

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered (in the same manner bids are to be delivered) to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

9. Qualifications of Bidders:

Proposals must be accompanied by a statement of the qualifications of the Bidder to properly execute the work. Statement should be on the form provided. In addition, complete information on any work which the Bidder failed to complete or abandoned within one year period to date of proposal should be included.

10. Financial Statement:

Each Proposal must be accompanied by a statement of the financial condition of the bidder as reflected by his most recently prepared statement. Submit in a sealed envelope marked, "Financial Statement of (name of bidder) for (description of project)". This statement will be examined only if the bidder's Proposal is actively considered for award, otherwise it will be returned unopened after the award of the Contract.

11. Delivery of Proposals:

It is the bidder's responsibility to successfully submit their Proposal at the proper time to the proper place. The fact that a Proposal was partially uploaded but not successfully submitted will not be considered. The bidder must have the Proposal successfully submitted.

12. Number of Signed Sets of Documents:

Agreement and Bonds will be prepared in not less than one counterpart (original signed) sets.

OWNER will furnish CONTRACTOR two sets of conforming Contract Documents, Technical

B - 3

Specifications, and six sets of Plans free of charge, and additional sets will be obtained from ENGINEER at commercial reproduction rates.

13. Sales Tax:

Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.311: (i) tangible personal property that will be incorporated into Owner’s realty; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provisions for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and (ii) shall pass on to Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provisions regarding the exemption of Texas sales and use taxes.

14. Worker's Compensation Insurance:

See the Special Conditions of the Agreement.

15. Questions:

A. Submit questions about the bidding instruments to the Engineer by no later than four full business days prior to the bid opening time and date.

B. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding instruments. Oral instructions do not form a part of the bidding instruments.

16. Certificate of Interested Parties:

Attention: Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 and Title 1, Chapter 46 of the Texas Administrative Code, the District may not execute the contract or issue the Notice to Proceed unless the Successful bidder has previously filed Texas Ethics Commission Form 1295 (“Form 1295”) online at https://www.ethics.state.tx.us/file/ with the Texas Ethics Commission (the “TEC”) and provided the District with a signed, notarized and TEC certified copy of the filed form 1295. The signed, notarized, and TEC-certified Form 1295 shall accompany the signed contract documents. THE BIDDER UNDERSTANDS THAT FAILURE TO PROVIDE THE TEC https://www.ethics.state.tx.us/file/

B - 4

FORM 1295 COMPLETE WITH A CERTIFICATE NUMBER WILL NULLIFY THE CONTRACT AWARD

AND WILL RELEASE THE OWNER FROM ANY LIABILITY TO PERFORM THEREUNDER. THE OWNER

RESERVES THE RIGHT TO CANCEL ANY CONTRACT THAT DOES NOT COMPLY WITH THE

REQUIREMENTS PRESCRIBED HEREIN. Neither the District nor its consultants have any obligation to verify the truth or accuracy of the information provided by a business in Form 1295, and neither have any obligation nor undertake responsibility for advising any bidder with respect to the proper completion of Form 1295.

For purposes of completing the TEC Form 1295, the entity’s name is FAULKEY GULLY MUNICIPAL UTILITY DISTRICT and the contract ID number is 2369-007-00.

END OF SECTION B

Revised 03/11/2023 C-1

PROPOSAL TO

FOR

LIFT STATION NO. 1 WET WELL CONVERSION

Project No. 2369-007-00, Contract No. 1

HARRIS COUNTY, TEXAS

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, instructions to bidders, specifications and plans, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein, and for the prices set forth in the attached bid sheets.

It is understood that the work to be done will be paid for at the bid unit price or bid lump sum price as hereinafter established for each item subject to the provisions of the General or Special Conditions governing increases or decreases of bid quantities.

It is further understood and agreed that the work is to be completed in full within 120 calendar days after notification to proceed, and that the undersigned proposes to begin work promptly after notification to proceed.

________ _________[CONTRACTOR] declares that:

As required by Section 2271.002 of the Texas Government Code, said CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the phrase “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Pursuant to Section 2252.152 of the Texas Government Code, said CONTRACTOR verifies that it is not engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. For purposes of this Agreement, the phrase “foreign terrorist organization” means an organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189.

Chapter 2276 – Anti - Boycott of Energy Companies Verification. By signing and entering into the Contract, Contractor verifies, pursuant to Chapter 2276 of the Texas Government Code (as added by Senate Bill 13, 87th Texas Legislature, Regular Session), it is not a Company that boycotts energy companies and agrees it will not boycott energy companies during the term of this Contract. The terms “boycotts energy companies” and “boycott energy companies” have the meaning assigned to the term “boycott energy company” in Section 809.001, Texas Government Code. For purposes of this paragraph, “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit, but does not include a sole proprietorship.

Chapter 2274 – Anti - Discrimination of Firearm Entity or Firearm Trade Association Verification. By signing and entering into the Contract, Contractor verifies, pursuant to Chapter 2274 of the Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session, “SB 19”), that it is not a Company that has a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and agrees it will not discriminate against a firearm entity or firearm trade association during the term of this Contract. The terms “discriminates against a firearm entity or firearm trade association” and “discriminate against a firearm entity or firearm trade association” have the meaning assigned to the term “discriminate against a firearm entity or firearm trade association” in Section 2274.001(3), Texas Government Code (as added by SB 19). For purposes of this paragraph, “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned

Revised 03/11/2023 C-2 subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit, but does not mean a sole proprietorship.

Chapter 2275 - Lone Star Infrastructure Protection Act Verification. If under this Contract, Contractor is granted direct or remote access to the control of critical infrastructure, excluding access specifically allowed for product warranty and support, Contractor verifies, pursuant to Chapter 2275 of the Texas Government Code (as added by Senate Bill 2116, 87th Legislature Regular Session), that neither Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Contractor, nor any of its sub-contractors (i) is owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia or any designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, of any designated country; and (ii) is headquartered in China, Iran, North Korea, Russia or a designated country. The term “designated country” means a country designated by the Governor as a threat to critical infrastructure under Section 113.003 of the Texas Business & Commerce Code.

The term “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

Contractor hereby certifies that it is not an entity that contracts with or provides supplies or services to a foreign terrorist organization, as defined by Section 2252.151(2), Texas Government Code, and has not been identified as a company known to have contracts with or provide supplies or services to a foreign terrorist organization as identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153, Texas Government Code.

(CONTRACTOR)

Signature:_________________________________

Attest:

Printed Name:______________________________

______________________________ Date:_____________________________________

Address:__________________________________

SEAL

Phone No. _________________________________

(Certification if Bidder is a Corporation) Email Address:______________________________

I,______________________________, certify that I am the secretary of the corporation herein termed CONTRACTOR; and that the person whose name appears above was and is _______________________________(TITLE) of said corporation; and that this Contract was duly signed for and in behalf of said corporation by authority of its governing body, and such contract is within the scope of its corporate powers.

Signed:___________________________________ (Corporate Seal)

BID SHEET

LIFT STATION NO. 1 WET WELL CONVERSION

HARRIS COUNTY, TEXAS

PROJECT NO. 2369-007-00, CONTRACT NO. 1

Item No. Qty. Unit

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

LIFT STATION ITEMS:

1 1 L.S. Remove and Legally Dispose of Grit from Wet Well and Clean Wet Well Interior, Complete in Place:

Per Lump Sum

2 1 L.S. Remove and Dispose of Existing Hoist Structure and Appurtenances, Complete in Place:

Per Lump Sum

3 1 L.S. Saw Cut, Remove and Legally Dispose of Existing Lift Sta�on Top Slab, Complete in Place:

Per Lump Sum

4 3 EA. Cut and Dispose of Existing Suction Lines, Flush with Wall, and Fill Grout, Complete in Place:

Per Each

5 1 L.S. Remove and Legally Dispose of Existing Lift Station Equipment Inside of Dry Pit Including but Not Limited to Pumps, Valves, Piping, Supports, and Access Stairs, Complete in Place:

Per Lump Sum

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 1 of 6

Item No. Qty. Unit

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

6 170 C.Y. Furnish and Place Backfill in Existing Dry Pit, Complete in Place:

Per Cubic Yard

7 3 EA. Furnish and Install Discharge Piping Inside Wet Well, Including but Not Limited to Pipe Supports, Fi�ngs, and Appurtenances, Complete in Place:

Per Each

8 1 L.S. Furnish and Install Reinforced Concrete Top Slab, Complete in Place:

Per Lump Sum

9 3 EA. Furnish and Install Submersible Pumps, Including Base Elbows, Guide Rails, Access Hatch, and Appurtenances, Complete in Place:

Per Each

10 1 L.S. Furnish and Install Above-Ground Piping, Including but

Not Limited to Discharge Lines, Header, Flow Meter, Valves, Pipe Supports, Connec�on to Exis�ng Force Main, and Appurtenances, Complete in Place:

Per Lump Sum

11 1 L.S. Furnish and Install all Electrical Work Including but Not Limited to Instrumenta�on, Control Assemblies, Control Panel, Conductors, Equipment, Labor, Supervision, Tes�ng and Startup, and all related Appurtenances, Complete in Place:

Per Lump Sum

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 2 of 6

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

12 1 L.S. Furnish and Install Concrete Pad for Chemical Storage Tank, Complete in Place:

Per Lump Sum

SUBTOTAL LIFT STATION ITEMS: $

COATING ITEMS:

13 1 L.S. Furnish All Materials, Labor, Equipment, and Superintendence for the Exterior Coating (Two Coats 100% Solids 22 Mils DFT) of Discharge Piping Inside Wet Well, Including but not Limited to Blasting, Cleaning, Strip Coat, and Contractor Condition Reports, Complete in Place:

Per Lump Sum

14 1 L.S. Furnish All Materials, Labor, Equipment, and Superintendence for the Exterior Coating (three Coats Zinc Epoxy Polyurethane Epozy 9-14 Mils DFT) of Above- Ground Piping, Including but not Limited to Blasting, Cleaning, Strip Coat, and Contractor Condition Reports, Complete in Place:

Per Lump Sum

15 1 L.S. Furnish all Materials, Labor, Equipment and Superintendence for the Rehabilita�on of the Interior (Two Coats 100% solids 80 MILS DFT) of Li� Sta�on Wet Well, Including but Not Limited to Blasting, Cleaning, Stripe Coat and Contractor Condi�on Reports, Complete in Place:

Per Lump Sum

SUBTOTAL COATING ITEMS: $

EROSION CONTROL ITEMS:

16 1 L.S. Furnish and Install Concrete Truck Washout as Shown on Plans, Complete in Place:

Per Lump Sum

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 3 of 6

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

17 40 L.F. Furnish, Install, and Maintain Filter Fabric Fence as Shown on Plans, Complete in Place:

Per Linear Foot

SUBTOTAL EROSION CONTROL ITEMS: $

MISCELLANEOUS ITEMS:

18 1 L.S. Furnish Performance and Payment Bonds in Conformance with the Contract Documents:

Per Lump Sum

19 1 L.S. Furnish, Install and Maintain Bypass Pumping, Complete in Place:

Per Lump Sum

SUBTOTAL MISCELLANEOUS ITEMS: $

ALLOWANCE ITEMS:

20 1 L.S. Allowance for Arc Flash Hazard Analysis to be Performed by Baird Gilroy & Dixon, LLC, Complete in Place:

Per Lump Sum

@ $ $3,000.00 3,000.00

21 1 L.S. Allowance for System Programming and SCADA Applications Decelopment and Implementation per Section 13325 - System Programming, to be Performed by Baird Gilroy & Dixon, LLC, Complete in Place:

Per Lump Sum

@ $ $10,000.00 10,000.00

SUBTOTAL ALLOWANCE ITEMS: $

EXTRA WORK ITEMS: (To be used only as directed by the Engineer.)

22 100 C.Y. Extra Excavation as directed by the Engineer, Complete in Place:

Per Cubic Yard

($5.00 )*

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 4 of 6

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

23 1 L.S. Remove and Dispose of Bypass Manhole, Complete in Place:

Per Lump Sum

($5,000.00 )*

24 5 L.F. Furnish and Install Extra Sanitary Sewer Bedding and Backfill for Wet Sand Condi�ons, Complete in Place:

Per Linear Foot

($50.00 )*

25 50 C.Y. Furnish and Install Extra Bank Sand Backfill, Complete in Place:

Per Cubic Yard

($20.00 )*

26 50 C.Y. Furnish and Install Extra Cement Stabilized Sand, Complete in Place:

Per Cubic Yard

($22.00 )*

27 10 C.Y. Furnish and Install Extra Class "A" Concrete with Reinforcing Steel, Complete in Place:

Per Cubic Yard

($1,000.00 )*

28 35 M.H. Furnish Blaster/Painter and equipment to perform miscellaneous blas�ng/pain�ng for "extra blaster/painter man-hours", Complete in Place:

Per Man Hour

($500.00 )*

29 15 S.F. Furnish all Materials, Labor, Equipment and Superintendence for Point Repairs for Wet Well Interior Wall, Including but Not Limited to Sealing Exposed Aggregate and Lining with Corrosion Resistant Cementitious Liner, Complete in Place:

Per Square Foot

($1,000.00 )*

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 5 of 6

Description of Item with Unit Price Written in Words

Unit Price

Total Cost

30 30 L.F. Remove and Replace Additional 10-Inch Force Main Piping Complete in Place:

Per Linear Foot

($100.00 )*

SUBTOTAL EXTRA WORK ITEMS: $

The undersigned (Contractor) represents and warrants that (1) all tangible personal property identified as 'materials' in this Proposal will be incorporated into the Project, subject only to field adjustments as to quantities, (2) the prices of such material are exclusive of sales and use taxes, and (3) all sales and use taxes regarding tangible personal property not incorporated into the work are the sole responsibility of the Contractor and the Contractor has paid or will pay such taxes regarding such property.

Acknowledge Receipt of Addendum Nos. ____, ____, ____ (initial).

ALL BID PRICES SHALL INCLUDE ALL APPLICABLE SALES TAX.

*Minimum allowable bid price. Bidder may choose to quote a higher price.

TOTAL AMOUNT BID:

TOTAL AMOUNT FOR MATERIALS BID:

TOTAL AMOUNT FOR SKILLS, LABOR, EQUIPMENT, ETC. BID:

Bid Sheet Must Be Initialed By Same Person As Proposal (_____) Page 6 of 6

MAJOR EQUIPMENT MANUFACTURERS: The naming of an acceptable manufacturer does not relieve the contractor of the responsibility to provide the item of equipment in full accordance and meeting the detailed requirements of the appropriate technical specification included in these documents.

Base Bid. Only the acceptable base bid manufacturers listed shall be used in determining the BASE BID. The Contractor must include the name of a manufacturer from this list for each item in the tabulation or circle the manufacturer. If a manufacturer is listed under “Base Bid: Manufacturer” in the following tabulation, the Contractor shall use the listed manufacturer in determining the BASE BID. Failure to do the above may disqualify the Bid.

Substitutions. Any manufacturer not used in the base bid tabulation, including those not listed as an acceptable base bid manufacturer, may be listed as a substitution manufacturer.

The Contractor understands that after a contract is awarded, the Owner may select any items listed with a substitution manufacturer named in the following tabulation. If awarded the contract, the Contractor agrees to furnish and install the substitution manufacturer listed for the price indicated. The BASE BID will then be adjusted accordingly.

If a contract includes items of equipment of any manufacturer which may require any modification or deviation from the plans, the Contractor agrees to prepare and submit detailed drawings to the Engineer showing all modifications in structures, piping, electrical and mechanical work, required to adapt the plans to the equipment selected. The Contractor further understands that the Engineer will review said detailed drawings of modifications and either approve them or indicate thereon changes necessary to comply with the project requirements. Detailed drawings which are not approved will be revised then resubmitted to the Engineer. The prices listed in the following tabulation are “installed” prices and take into consideration any of the changes that may be required.

LIST OF ACCEPTABLE BASE BID EQUIPMENT MANUFACTURERS AND SUBSTITUTIONS

EQUIPMENT ITEM:

ACCEPTABLE BASE BID

MANUFACTURERS:

BASE BID:

Manufacturer

SUBSTITUTION:

Manufacturer

SUBSTITUTION:

Add (Deduct) from Base Bid

Air & Vacuum Release Valves Apco

Crispin

GA Industries

Val-Matic

MANUFACTURERS:

BASE BID:

Manufacturer

SUBSTITUTION:

Manufacturer

SUBSTITUTION:

Add (Deduct) from Base Bid

Check Valves

(Swing Disc)

American Darling

APCO

Crane

Dresser

GA Industries

Kennedy (Clow)

M&H Valve (Clow)

Mueller

Stockham

Electrical - Motors Baldor

GE

Marathon

US Motors

Flow Meter Milltronics

Peak

Polysonics

Plug Valves Clow

DeZurik

Pratt

MANUFACTURERS:

BASE BID:

Manufacturer

SUBSTITUTION:

Manufacturer

SUBSTITUTION:

Add (Deduct) from Base Bid

Pressure Gauge Dresser-Ashcroft

Marsh

US Gauge

Sewage Pumps, Submersible Ebara

Grundfos; Paco

Grundfos; Yeomans -Chicago

KSB

Pentair; Hydromatic

Sulzer; ABS

Xylem; Flygt

As bidder I acknowledge that:

1. The Owner reserves the right to reject any and all bids.

2. The award of the Contract may be made on the BASE BID only or any combination of the BASE BID and ALTERNATE BIDS.

3. The contract price may be increased or decreased, or the contract time reduced or extended to compensate for changes in the work as ordered by the Engineer and provided for in the General and/or Special Conditions.

D - 1

SECTION D

AGREEMENT

STATE OF TEXAS

HARRIS COUNTY

THIS AGREEMENT, made and entered into this ________ day of ____________, 20___, by and between FAULKEY GULLY MUNICIPAL UTILITY DISTRICT hereinafter termed OWNER, and __________________________________________________________________, a Texas corporation hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith, the CONTRACTOR agrees to commence and complete the construction of certain improvements described as follows:

LIFT STATION NO. 1 WET WELL CONVERSION

Project No. 2369-007-00, Contract No. 1 HARRIS COUNTY, Texas, according to those particular Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all extra work in connection therewith, and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the General and Special Conditions of the Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and addenda therefore as prepared by IDS ENGINEERING GROUP, hereinafter termed ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR, and together with the CONTRACTOR's written Proposal, and the Performance and Payment Bonds thereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence the Work (as such term is defined in the Contract Documents) within ten days after the date written notice to do so shall be given to him by OWNER and to fully complete the Work to the satisfaction of OWNER within 120 calendar days after the date of the written notice to commence Work.

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents the initial Contract Price of ___________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as approved by Change Order under the Contract Documents, and to make payments on account thereof as provided therein.

D - 2

The CONTRACTOR is and at all times shall remain an independent CONTRACTOR, solely responsible for the manner and method of completing its Work under this Contract, with full power and authority to select the means, method and manner of performing such Work, so long as the Work complies with this Contract including the drawings and technical specifications.

The CONTRACTOR agrees that it shall be solely responsible for the safety of its employees and all other persons and shall be solely responsible for determining the course of action necessary to protect all persons, including members of the public, from bodily injury or property damage during its Work on the project, including the erection of barricades or the installation of other traffic or pedestrian control measures.

As part of the consideration for the payments and agreements hereinafter mentioned, CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATSOEVER NATURE AND CHARACTER WHICH MAY BE

ASSERTED BY ANY PERSON OR ENTITY IN CONNECTION WITH CONTRACTOR'S WORK (INCLUDING THE

WORK OF SUBCONTRACTORS) ON THE PROJECT, AND THIS INDEMNITY AND HOLD HARMLESS

AGREEMENT IS SPECIFICALLY INTENDED TO COVER ALL COSTS OF FUTURE LITIGATION, INCLUDING

ATTORNEY'S FEES AND OTHER DEFENSE COSTS.

OWNER and CONTRACTOR each binds itself, its officers, directors, shareholders, partners, successors, assigns and legal representatives to the other party hereto, its officers, directors, shareholders, partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

THE GENERAL AND SPECIAL CONDITIONS ATTACHED TO THIS AGREEMENT CONTAIN PROVISIONS

THAT MAY RELIEVE ONE PARTY FOR RESPONSIBILITY IT WOULD OTHERWISE HAVE UNDER THE LAW FOR

DAMAGES OR OTHER LIABILITY ARISING OUT OF THE WORK.

EACH OF THE PARTIES HERETO SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ THIS

AGREEMENT, THE GENERAL AND SPECIAL CONDITIONS, AND ALL OTHER ATTACHMENTS TO THIS

AGREEMENT AND AGREES THAT IT IS CHARGED WITH NOTICE AND KNOWLEDGE OF THE TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO; THAT IT HAS IN FACT READ THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND IS FULLY INFORMED AND HAS FULL NOTICE AND KNOWLEDGE OF THE TERMS, CONDITIONS AND EFFECTS OF THIS AGREEMENT; THAT IT HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF ITS CHOICE THROUGHOUT THE NEGOTIATIONS PRECEDING ITS EXECUTION OF THIS AGREEMENT AND HAS RECEIVED OR VOLUNTARILY CHOSEN NOT TO RECEIVE THE ADVICE OF ITS ATTORNEY IN ENTERING INTO THIS AGREEMENT; AND THAT IT RECOGNIZES THAT CERTAIN TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO RESULT IN ONE PARTY ASSUMING THE LIABILITY INHERENT IN SOME ASPECTS OF THE TRANSACTION AND RELIEVING THE OTHER PARTY OF ITS RESPONSIBILITY FOR SUCH LIABILITY. EACH PARTY HERETO AGREES AND COVENANTS THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEMENT OF ANY EXCULPATORY PROVISION OF THIS AGREEMENT ON THE BASIS THAT THE PARTY HAD NO NOTICE OR KNOWLEDGE OF SUCH PROVISION OR

THAT THE PROVISION IS NOT "CONSPICUOUS".

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this CONTRACT and CONTRACTOR agrees that the Contract can be terminated if CONTRACTOR knowingly or intentionally fails to comply with a requirement of that subchapter.

D - 3

CONTRACTOR declares that it has not received from a governmental body a notice of noncompliance with a provision of Subchapter J, Chapter 552, Texas Government Code, or, if such a notice has been received, CONTRACTOR has taken adequate steps to ensure future compliance with such subchapter and has provided or upon request will provide documentation of same.

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written.

FAULKEY GULLY MUNICIPAL UTILITY DISTRICT_ ____________________________________

OWNER CONTRACTOR

By:___________________________________ By:_________________________________

(Certification if Bidder is a Corporation)

I, _________________________________, certify that I am the secretary of the corporation herein termed the CONTRACTOR; and that the person whose name appears above was and is ____________________________________ of said corporation, Title and that this Contract was duly signed for and in behalf of said Corporation by authority of its governing body, and such contract is within the scope of its corporate powers.

SIGNED:

(Corporate Seal)

E - 1

SECTION E

Project No. 2369-007-00 PERFORMANCE BOND

PERFORMANCE BOND

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

THE COUNTY OF _______________ §

THAT WE, ____________________________________, as Principal, hereinafter called “Contractor” and the other subscriber hereto _____________________________________, as Surety, do hereby acknowledge ourselves to be held and firmly bound to __________________________________, “Owner”, in the sum of _________________ ($_______) for the payment of which sum, well and truly to be made to Owner and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Contractor has on __________________ executed in writing with Owner for construction of the FAULKEY GULLY MUNICIPAL UTILITY DISTRICT LIFT STATION NO. 1 WET WELL CONVERSION, the (“Project”), all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the Owner, all of which are made a part of this instrument as fully and completely as if set out in full herein, including but not limited to the dispute resolution procedures provided therein.

NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents, including but not limited to the plans and specifications contained therein, referred to therein and shall comply strictly with each and every provision of Contract and with this bond, then this obligation shall become null and void and shall have no further force and effect;

otherwise the same is to remain in full force and effect.

Should the Contractor fail to faithfully and strictly perform the Contract in all its terms, including but not limited to the indemnifications thereunder, the Surety shall be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof, as more fully set forth herein. The Surety understands and agrees that the provision in the Contract that Owner shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended for the Owner’s benefit, and Owner shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. Provided, however, the preceding sentence shall not affect the surety's rights to collect such sums as are actually retained by the Owner, to the extent such sums are due under the Contract and applicable law. It is further expressly agreed by Surety that Owner or its representatives are at liberty at any time, without notice to the Surety, to make any change in the

E - 2

Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed an understood that the Contractor and Surety will fully indemnify and save harmless Owner from any liability, loss, cost, expense (including attorneys fees), or damage arising out of or in connection with the work done by the Contractor under the Contract.

This bond and all obligations created hereunder shall be performable in _____________ County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute.

IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney.

ATTEST, SEAL: (if a corporation) ______________________________________

WITNESS: (if not a corporation) (Name of Contractor)

By: _______________________________________ By: ___________________________________

Name: Name:

Title: Title:

Date:

ATTEST/WITNESS (SEAL) ______________________________________

(Full Name of Surety)

By: _______________________________________ ________________________________

Name: (Mailing Address of Surety for Notice)

Title:

Date: ________________________________

(Physical Address of Surety)

Phone Number of Surety:(___)_______

By: ___________________________________

Name:

Date

F - 1

SECTION F

Project No. 2369-007-00

PAYMENT BOND

TEXAS STATUTORY PAYMENT BOND

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

THE COUNTY OF ________________ §

THAT WE, ____________________________________, as Principal, hereinafter called “Principal” and the other subscriber hereto _____________________________________, a corporation organized and existing under the laws of the State of ______________, licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called “Surety,” do hereby acknowledge ourselves to be held and firmly bound to the ________________________________________, “Owner,” in the sum of _________________ ($_______) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Principal has on _____________ executed in writing with Owner for construction of the FAULKEY GULLY MUNICIPAL UTILITY DISTRICT LIFT STATION NO. 1 WET WELL CONVERSION, the (“Project”), which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, including but not limited to the dispute resolution procedures provided therein.

NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein.

IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures.

F - 2

ATTEST, SEAL: (if a corporation) __________________________________________

WITNESS: (if not a corporation) (Name of Contractor)

By: ___________________________________ By:______________________________

Name: Name:

Title: Title:

Date: Date:

ATTEST/WITNESS (SEAL) _____________________________________

(Full Name of Surety)

By:________________________________ _____________________________________

Name: (Mailing Address of Surety for Notice)

Date: _____________________________________

(Physical Address of Surety)

Phone Number of Surety: (___)_____________

By: ___________________________________

Name:

Date:

GENERAL CONDITIONS OF AGREEMENT

Revised 3/2011 Section 00700 Page 1 of 32 1594756.1/Client.Matter

SECTION 00700

1. DEFINITION OF TERMS

1.1 AGREEMENT. The written agreement between the OWNER and the CONTRACTOR covering the work to be performed, including the CONTRACTOR’S Bid and the Bonds.

1.2 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted.

1.3 CHANGE ORDER. A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion, or revision in the work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

1.4 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders (Advertisement), Supplementary Conditions, Instructions to Bidders, Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the Agreement.

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Special Conditions of Agreement, Proposal, Supplementary Conditions, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement, Performance and Payment Bonds, Special Bonds (if any).

1.5 EXTRA WORK. The term "Extra Work" as used in the Contract Documents shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein.

1.6 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR.

1.7 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes labor and material to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked.

1.8 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been

Revised 3/2011 Section 00700 Page 2 of 32 made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

1.9 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents.

Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

1.10 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the Work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.

1.11 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.1 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S representative during construction.

The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER.

2.2 CONSTRUCTION OBSERVATION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed Work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the Work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision herein or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work.

2.3 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the…