ESBD_538774_1784212166561_Project Manual Final.pdf

Plans and Specifications Design Submittal Checklist (to be submitted with Plan and Specifications Documents; & checklist to be completed by Design Engineer)

Note: Submit the complete Project Manual as a bookmarked PDF and the Plan Set as an llxll PDF, unless otherwise specified.

Entity Name:

Richland Springs

Date:

2/23/2026

Project Name:

202S Water Line Improvements

TWDB Project Number:

63038

Contract Name:

Construction Contract

CID:

Submittal No. (i.e., Engineering Firm:

initial submittal is 1} 1 Sealy Engineering, Inc.

Contact Name: Deana Sealy

E-mail: sealy@wcc.net Phone Number: 325-656-3452

Applicable Programs

All Other TWOB Reviewers

1.00 Prerequisites for Design Submittal: CWSRF CWSRF DWSRF DWSRF Approval Dates

Comments SWIFT EDAP FIF State Funded

EQ NEQ EQ NEQ

Programs

1.01 TWDB Environmental Finding Issued. y y y y y y y y 7/11/2025

1.02 TWDB Engineering Feasibility Report Approval lssued3• y y y y y y y y 7/28/2025

1.03 Bookmarked PDFs submitted forTWDB review: (1) Project Manual/Specifications and (2) Drawings/Plans (llxl 7 preferred).

y y y y y y y y

A statement on the following is to be included in the Notice to Bidders and Instructions to Bidders

Applicable Programs

Location (refer to the most recent version of the appropriate Supplemental Contract Conditions (TWDB·OSSx], All Other

(Section, TWOS Reviewers

2.00 CWSRF CWSRF DWSRF DWSRF

identified under Item 3.00 below): SWIFT EDAP FIF State Funded page, etc.)

Comments

EQ NEQ EQ NEQ

Programs

2.01 This contract is contingent upon release of funds from the Texas Water Development Board y y y y y y y y

I

Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by financial

2.02 assistance from the Texas Water Development Board (TWDB). Neither the Environmental Protection

Agency (EPA) or the State of Texas, nor any of their departments, agencies, or employees, are or will be a y y y y

I party to this Invitation for Bids or any resulting contract. 5

Any contract{s) awarded under this Invitation for Bids is/are expected to be funded in part by financial

2.03 assistance from the Texas Water Development Board (TWOS). Neither the State of Texas, nor any of its y y y y departments, agencies, or employees are or will be a party to this Invitation for Bids or any resulting contract.

2.04 U.S. Iron and Steel (USIS). v' y y y

2.05 American Iron and Steel (AIS)1 . y y y y 7

2.06 Build America, Buy America (BABA) Act'. y y 8

2.07 Bid Guarantee (equivalent to five percent of the bid price). y y y y y y y y 6

2.08 Award of Contract to Nonresident Bidder (see form TWDB-0459). y y y y y y

2.09 Davis-Bacon Wage Act. y y y y 7

2.10 State Revolving Fund procurement guidance. y y

2.11 Equal Employment Opportunity (EEO) and Affirmative Action. y y y y 5

2.12 Debarment and Suspension Certification. y y 5

l of 7

Plans and Specifications Design Submittal Checklist (to be submitted with Plan and Specifications Documents; & checklist to be completed by Design Engineer)

Note: Submit the complete Project Manual as a bookmarked PDF and the Plan Set as an 1 lxl 7 PDF, unless otherwise specified.

Entity Name : Richland Springs Date:

6/25/2026

Project Name

• 2025 Water line Improvements

TWDB Project Number:

63038

Contract Name:

Construction Contract

CID:

Submittal No. (i.e., Engineering Firm: initial submittal is 1)

1 Sealy Engineering, Inc.

Applicable Programs

TWOS Documents/Forms To be Included in the Contract Documents (i.e., Project Manual that includes location

TWDB Reviewers

3.00 All Other

(Section, page, CWSRF CWSRF DWSRF OWSRF Technical Specifications): SWIFT EDAP FIF State Funded etc.)

Comments

EQ NEQ EQ NEQ

Programs

3.01 Supplemental Contract Conditions for State Loan Projects (TWDB-0552).' y y y y

3.02 Suoolemental Contract Conditions for CWSRF & DWSRF Eouivalencv Proiects (TWDB-05501.' y y 25

3.03 Suoolemental Contract Conditions for CWSRF & DWSRF Non•Eouiv. Proiects (TWDB-05511.' y y

3.04 Vendor Compliance with Reciprocity of Non-Resident Bidders (TWDB-0459). y y y y y y

3.05 Site Certificate (ED-101). y y y y y y y y 92-94

3.06 Contractor's Act of Assurance (ED-103). y y y y y y y y 95

3.07 Contractor's Act of Assurance Resolution (ED-104). y y y y y y y y %

3.08 Debarment/ Suspension Certification (SRF-404) (completed by entity). y y 97

3.09 SRF Prime Contractor Affirmative Steps Certification & Goals (TWDB-0217). y y 98

3.10 Monthly AIS Certificate (TWDB·1106·A)1 • y y y y 99

3.11 AIS De Minimis Log (TWDB-1106-8)1 • y y y y 100

3.12 Monthly BABA Certificate (TWDB-1110-A)1 . y y 102

3.13 Monthly Davis Bacon Wage Rate Certificate of Compliance (DB-0154). y y y y 101

3.14 Most Current Applicable Davis Bacon Wage Rates General Decision No(s). used for this construction y y y y contract. 86-91

3.15 Lead Service Line Replacement (LSLR) Program Construction Certification and Photographs (see form TWDB· y

0558·8) (for DWSRF·LSLR Program only). NIA

3.16 TWDB Standard Environmental Conditions y y y y y y y y 18, 55

3.17 TWDB Special Environmental Conditions (where applicable). y y y y y y y y 18, 22

3.18 Bid Proposal. y y y y y y y y 66

3.19 Advertisement for Bids (Notice to Bidders). y y y y y y y y I

3.20 Contract Agreement. y y y y y y y y 73

3.21 Contract Agreement includes BABA language (see TWDB-0559)'. y y 76

3.22 Five percent (5%) Bid Bond, if this is the method chosen for providing the Bid Guarantee. y y y y y y y y 67

Payment Bond (Water Code Sec 17.183): bond in a penal sum of not less than 100 percent of the contract

3.23 price and remain in effect for one year beyond the date of approval by the engineer of the political y y y y y y y y subdivision). This language must be included in the body of the Bond.

Performance Bond (Water Code Sec 17.183): bond is in a penal sum of not less than 100 percent of the

3.24 contract price and remain in effect for one year beyond the date of approval by the engineer of the political y y y y y y y y subdivision). This language must be included in the body of the Bond.

Performance Bond (Water Code Sec 17.183): shall include without limitation guarantees that work done

3.25 under the contract will be completed and performed according to approved plans and specifications and in y y y y y y y y accordance with sound construction principles and practices.

3.26 Separate eligible and ineligible bid items (if applicable). y y y y y y y y NIA

3.27 Trench Safety as separate bid item (if applicable). y y y y y y y y NIA

Advertisement and Invitation for Bids

City of Richland Springs

TWDB DWSRF Project #63038

Richland Springs, Texas 76871

2025 Water Line Improvements

Sealed bids will be received by the City of Richland Springs at City Hall, 106 West Main, Richland

Springs, TX until 10:00 a.m. xxxxxx, and then at said location publicly opened and read aloud.

Bids are invited for the project as follows:

1. Furnish and install PVC pipeline, gate valves, air release valves, and miscellaneous appurtenances, pressure tanks, and fire hydrants.

Bid/Contract documents, including Technical Specifications may be examined at City Hall, 106 West

Main, Richland Springs, TX 76871. Copies of the Bid/Contract Documents may be obtained by a non-refundable payment of $125 for each set of documents obtained.

The City of Richland Springs reserves the right to reject any or all bids or to waive any informality in the bidding. This Contract is contingent upon release of funds from the Texas Water Development Board

(TWDB). Any contract awarded under this Invitation for Bid (IFB) or Request for Qualifications (RFQ) are expected to be funded in part by financial assistance from the TWDB. Neither the State of Texas nor any of its departments, agencies, or employees are or will be a party to this IFB, RFQ, or any resulting contract.

This contract is subject to the Environmental Protection Agency’s (EPA) “fair share policy”, which includes EPA-approved “fair share goals” for Minority Business Enterprise (MBE) and Women Business

Enterprise (WBE) firms in the Construction, Supplies, Equipment and Services procurement categories.

EPA’s policy requires that applicants and prime contractors make a good faith effort goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps.

to award a fair share of contracts, subcontracts, and procurements to Minority Business Enterprise and

Women-Owned Business Enterprise firms. Although EPA’s policy does not mandate that the fair share

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

CATEGORY MBE WBE

CONSTRUCTION 24.5% 11.34%

NON-CONSTRUCTION 24.05% 19.35%

Total Combined Construction

And Non-Construction 24.16% 17.38%

Equal Opportunity in Employment - All qualified applicants will receive consideration for employment without regard to race, color, national origin, sex, religion, age, or handicap. The contractor shall carry out applicable requirements of 40 CFR Part 33 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.

All laborers and mechanics working on the work site and employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Clean Water State Revolving

Fund or Drinking Water State Revolving Fund shall be paid by wages as described in the section, Mandatory Davis-Bacon Act Contract Conditions.

Each bidder shall furnish a bid guarantee equivalent to five percent (5%) of the bid price. (Water Code

17.183). If a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company, Chapter 7 of the Insurance

Code.

Each contractor awarded a construction contract furnish performance and payment bonds: The performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices; and the performance and payment bonds shall be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the engineer of the political subdivision. The contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code.

Bids may be held by the City of Richland Springs for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidders’ qualifications prior to the

Contract award.

Information for Bidders

The Contract documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the City of Richland Springs or any other person, shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract.

When awarded a Contract, the Contractor will be required to execute the agreement and obtain the performance and payment bonds within 10 days from the date when the notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary agreement and bond forms. In case of failure of the bidder to execute the agreement, the City of Richland Springs may, at his option consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the City of Richland Springs.

The City of Richland Springs, within ten (10) days of the receipt of acceptable performance and payment bonds and agreement signed by the party to whom the agreement was awarded shall sign the agreement and return to such party as executed duplicate of the agreement. Should the City of Richland Springs not execute the agreement within such period, the bidder may by written notice withdraw his signed agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the City of Richland Springs.

The notice to proceed shall be issued within ten (10) days of the execution of the agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the agreement without further liability on the part of either party.

The City of Richland Springs may make such investigations as they deem necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. 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 agreement and to complete the work contemplated therein.

A conditional or unqualified bid will not be accepted. The owner reserves the right to reject any and all bids. Award will be made to the lowest responsible bidder.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the

Contract documents, drawings and technical specifications. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. At the request of any interested bidder, the Engineer will accompany the bidder to view any part of the job site. The Contractor, by the execution of the Contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The Owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

A Pre-bid Conference will be held on xxxxxx, at 1:00 pm. This pre-bid conference is optional and open to any perspective bidder. Location of pre-bid conference will be at City Hall, 106 West Main, Richland

Springs, TX 76871. Pre-bid conference will be followed by a site visit.

The Bidder may contact the Engineer at the following address and phone number to arrange a date and time to visit the project site:

Please contact the Engineer if there are any questions.

Sealy Engineering Deana Sealy, P.E.

sealy@wcc.net

(325) 656-3452

The successful bidder shall supply the names and addresses of major material suppliers and

Subcontractors when requested to do so by the Owner.

Instructions for Bidder Conditions

1. DISADVANTAGED BUSINESS ENTERPRISE GOALS

The Texas Water Development Board’s (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funds from the U.S. Environmental Protection Agency (EPA). As a condition of federal grant awards, EPA regulations require that loan recipients(municipalities, towns, public water authorities, nonprofit water supply corporations, etc.) and subrecipients (prime consultants, prime contractors, and subcontractors) make a “good faith effort” to award a fair share of work to Disadvantaged Business Enterprises (DBE) who are Minority Business Enterprises (MBE‘s) and Women-owned Business Enterprises (WBE’s) whenever procuring construction and non-construction, (supplies, services and equipment). More information on Disadvantaged Business Enterprise (DBE) requirements is available under Supplemental Contract Conditions Section 14. DISADVANTAGED BUSINESS

ENTERPRISES.

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

CATEGORY MBE WBE

CONSTRUCTION 24.5% 11.34%

NON-CONSTRUCTION 24.05% 19.35%

Total Combined Construction

And Non-Construction 24.16% 17.38%

2. CONTINGENT AWARD OF CONTRACT

This Contract is contingent upon release of funds from the Texas Water Development Board (TWDB).

Any Contract or Contracts 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 (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.

3. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

Attention is called to the requirements for ensuring that employees and applicants on this project will be required to comply with the Equal Employment Opportunity. Equal Opportunity in Employment - All qualified applicants will receive consideration for employment without regard to race, color, religion, sex

(including pregnancy), age (40 or older), disability, genetic information. Bidders on this work will be required to comply with the Department of Labor regulations 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 11375 and Executive Order 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.

4. DEBARMENT AND SUSPENSION CERTIFICATION

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

Instructions for Certification

4.1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

4.2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

4.3 The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous be reason of changed circumstances.

4.4 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

4.5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

4.6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lover Tier Covered Transaction,” without modifications, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

4.7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and

Non-procurement Programs.

4.8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

4.9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier

Covered Transactions.

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

5. BID GUARANTEE

Each bidder shall furnish a bid guarantee equivalent to five percent (5%) of the bid price. (Water Code

17.183). If a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance Surety Bonds and Related Instruments, Chapter 3503 of the Insurance

6. AWARD OF CONTRACT TO NONRESIDENT BIDDER

A government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. (Source: Texas Government Code Chapter 2252 Subchapter A nonresident Bidders, (2252.002.) The bidder will complete a form WRD-459.

7. DAVIS-BACON WAGE RATE REQUIREMENTS

Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean Water State Revolving

Fund (CWSRF) or a construction project financed, in whole or in part, from the Drinking Water State

Revolving Fund (DWSRF).

The Davis-Bacon prevailing wage requirements apply to Contractors and Page 11 of 73 TWDB-0550

Rev 6/24 Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment works project under the CWSRF or a construction project under the DWSRF.

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

Bacon covered contracts.

Any contracts in excess of $2,000 must include the provisions of the DavisBacon Wage Rate

Requirements. See Section III, Paragraph 11, Option 1 (governmental entities) and Option 2 (non-governmental entities) for contract clauses required for Davis-Bacon requirements. This information is also included in TWDB Guidance DB-0156, as follows (Applicant = Owner (subrecipient)):

• 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.

8. AMERICAN IRON and STEEL Any contract(s) awarded under this Invitation for Bids (under the 2022 IUP or earlier) is/are subject to the American Iron and Steel (AIS) requirements of 33 U.S.C §1388 for Clean Water State Revolving

Fund projects or Public Law 114113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Revolving Fund projects. The Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item

No. 9. The statement of understanding must be signed by the Contractor.

9. BUILD AMERICA, BUY AMERICA (BABA) ACT

Any contract(s) awarded under this Invitation for Bids (under the 2023 IUP or later) is subject to the Build America, Buy America (BABA) Act requirements of Section 70901 of P.L. 117-58 of the

Bipartisan Infrastructure Law, 2021. The Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item No. 10. The statement of understanding must be signed by the Contractor.

Forms to be submitted with Bid:

Bidder’s Certifications (WRD-255) regarding Equal Employment Opportunity and Non-Segregated

Facilities

Certification Regarding Debarment, Suspension and Other Responsibility Matters, SRF-404 (to be completed and submitted by the sub-recipient)

Disadvantaged Business Enterprise (DBE) Construction Contract Phase Forms (prime contractor)

Form TWDB-0216 Form TWDB-0217

Form TWDB-0373

GENERAL CONDITIONS

Bids will be received by the City Hall, 106 W. Main St, Richland Springs, TX 76871, until 10:00 a.m., xxxxx, and then at said location, publicly opened and read aloud.

Each Bid must be submitted in a sealed envelope addressed to:

City of Richland Springs

BID FOR:

TWDB DWSRF Water Line Improvements

The envelope should bear the name of the bidder and address on the outside of the envelope.

1. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to Sealy Engineering, Inc., no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the Contract documents and will be distributed to all parties holding Contract documents no less than five (5) days prior to the bid opening. It is, however, the bidder’s responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the Contract documents and all bidders shall be bound by such addenda.

2. Alternate bid items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications.

3. Bids A) All bids must be submitted on the forms provided and are subject to all requirements of the contract Documents, including the Drawings. All blank spaces for Bid prices must be filled in with ink. Please do not detach the bid schedule and submit it separately as your bid. The complete Contract book, in its original form, is to be submitted as the bid. Removing the bid from these documents and submitting it alone or taking the documents apart, may be reason for rejection of the bid by the Engineer and Owner.

B) All bids must be regular in every respect and no interpretations, excisions or special conditions may be made or included by the bidder.

C) Bid documents, including the bid, and the bid bond shall be sealed in an envelope and clearly labeled with the words “Bid Documents”, the project number, name of bidder and the date and time of bid opening.

D) The City of Richland Springs may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

E) If a Contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any.

4. Bid Modifications Prior to Bid Opening A) Any Bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the City of Richland Springs prior to the closing time, and provided further, the City of

Richland Springs is satisfied that a written confirmation of the telegraphic modification over the signature of the Bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the City of Richland Springs until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification.

B) Likewise, any Bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the City of Richland Springs until the sealed bid is open.

C) A bid may be withdrawn at any time prior to bid opening due to a material mistake.

D) Erasures or other corrections in the bid must be noted over the signature of the bidder.

5. Time for Receiving Bids Bids shall be submitted to the Owner at the designated location. Bids received prior to the advertised time of opening will be kept securely sealed. Bidders shall be solely responsible for the delivery of their bids in the manner and time prescribed. Submit one copy of the executed offer on the Bid Forms provided, signed and sealed with the required security in a closed envelope, clearly identified with bidder’s name on the outside. Failure to provide security deposit, bonding or insurance requirements may at the discretion of the Owner, invalidate the bid. Bids submitted after the above mentioned time shall be returned to the bidder unopened.

6. Opening of Bids The City of Richland Springs shall, at the time and place fixed for opening of bids, cause each bid to be opened publicly and read aloud, irrespective of any irregularities therein.

7. Withdrawal of Bids Bidder may withdraw the Bid before the time fixed for the opening of Bids by communicating his purpose in writing to the City of Richland Springs. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. The bid guaranty of any bidder withdrawing his bid in accordance with the above will be returned promptly.

8. Award of Contract/Rejection of Bids The Contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid.

The bidder selected will be notified at the earliest possible date. The Owner reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. After acceptance by the Owner, the Engineer on behalf of the Owner will issue to the successful

Bidder, a written Notice of Award.

The Owner reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract.

9. Superintendence of Contractor A) Except where the Contractor is an individual and gives his personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Owner and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work.

B) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

10. Subcontracts A) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has verified the subcontractor as capable to perform the work.

B) No proposed subcontractor shall be disapproved by the Owner except for cause.

C) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.

D) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract.

E) The Contractor shall furnish a copy of any agreement with any subcontractors to the Owner and Engineer.

F) Nothing contained in the Contract shall create any Contractual relation between any subcontractor and the Owner.

11. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material men engaged upon this Contract.

12. Termination, Delays and Liquidated Damages A) Right of the Owner to Terminate Contract

In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the surety and the Contractor. The surety shall have the right to take over and perform the Contract. Provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of the mailing to such surety of notice of termination, the Owner may take over the work and prosecute the same to completion by Contract or by force account for the account and at the expense of the Contractor and his surety shall be liable to the

Owner for any excess cost occasioned. In such event, the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

B) Liquidated Damages for Delays

If the work is not completed within the time stipulated in the applicable bid for lump or unit price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $1000.00 for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Owner for the amount thereof.

C) Excusable Delays

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to:

1.) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency;

2.) Any acts of the Owner;

3.) Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or the public enemy, acts of another Contractor in performance of some other Contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. Provided, however; that the

Contractor promptly notifies the Owner within ten (10) days in writing of the cause of delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts, and the terms of this Contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay.

13. Assignment or Novation

The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner, provided, however, that assignments to banks or other financial institutions may be made without the consent of the Owner. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor’s rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor or all persons, firms, or corporations rendering such labor or services or supply such materials, tools, or equipment.

14. Disputes

All disputes arising under the Contract or its interpretations except those disputes covered by

Federal Labor-Standard Provisions whether involving law or fact or both, or extra work, and all claims for alleged breach of Contract shall within ten (10) days of commencement of the dispute be presented by the

Contractor to the Owner for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived except that if the claim is of a continuing character and be notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Owner. The Contractor shall submit in detail his claim and his proof thereof. If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work, but shall notify the Owner promptly that he is proceeding with the work under protest.

15. Technical Specifications and Drawings Anything mentioned in the technical specifications and not shown on the drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between drawings and the technical specifications, the technical specifications shall govern. In case of any discrepancy in drawings, or technical specifications, the matter shall be immediately submitted to the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense.

16. Shop Drawings All required shop drawings, machinery details, layout drawings, etc., shall be submitted to the Engineer in 3 copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting, and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc., until they are approved and no claim, by the Contractor, for extension of the Contract time shall be granted by reason of his failure in this respect.

Any drawings submitted without the Contractor’s stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order than, if acceptable, suitable action may be taken for proper adjustment of Contract price and/or time otherwise, the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved.

If shop drawing is in accordance with the Contract or involves only a minor adjustment in the interest of the Owner not involving a change in Contract price or time; the Engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the

Contract or for any error in the drawing.

17. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Owner for any additional information not already in his possession which should be furnished by the Owner under the terms of this Contract, and which he will require in the planning and execute of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor.

The first list shall be submitted within two (2) weeks after the Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section.

18. Materials and Workmanship Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kids for the purpose. Where equipment, materials, articles, or workmanship are referred to in the technical specifications as “equal to” any particular standard, the Engineer shall decide the question of equality.

The Contractor shall furnish to the Owner for approval the manufacturer’s detailed specifications for all machinery, mechanical and other special equipment, which her contemplated installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval as required full information concerning all other materials or articles which he proposes to incorporate.

Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection.

Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids except as limited to type, class or grade, or modified in the Technical

Specifications, shall have full force and effect as though printed therein.

The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or the Engineer may deem incompetent, or careless, or insubordinate.

19. Samples, Certificate and Tests The Contractor shall submit all material or equipment samples, certificated, affidavits, etc. as called for in the Contract documents or required by the Engineer, promptly after award of the Contract and acceptance of the Contractor’s bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor’s own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificated for approval shall not be considered just cause for an extension of the Contract time.

Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter form the Contractor shall state that the sample complies with Contract requirements. The sample shall also give the name and brand of the produce, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements.

Approval of any materials shall be general only and shall not constitute a waiver of the Owner’s right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment, or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable.

Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows:

1.) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer.

2.) The Contractor shall assume all costs of retesting materials which fail to meet

Contract requirements.

3.) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient.

4.) The Owner will pay all other expenses.

20. Permits and Codes

The Contractor shall give notices required by and comply with all applicable laws, ordinances, and codes of the Owner. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the

Contractor shall examine the drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the drawings and Technical Specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes

(unless waivers in writing covering the difference have been granted by the governing body or department) and made appropriate adjustment in the Contract Price of stipulated unit prices.

Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers

(notwithstanding the fact that such installation is in compliance with the drawings and Technical Specifications), the Contractor shall remove such work without cost to the Owner.

The Contractor shall, at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas, and sewer permits required by the local regulatory body or any of its agencies.

The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation materials, debris, and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this Contract.

21. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of his fault of negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

The Contractor shall provide sufficient competent watchmen, both day and night, including

Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance.

In an emergency affecting the safety of life, limb, or property, including adjoining property, the Contractor, without special instructions or authorization from the Owner, is authorized to act at his…