Construction Advertisement and Invitation for Bids

Fayette County CDBG-DR/MIT GLO CONTRACT NO. 24-065-184-F179 will receive bids for Ellinger Sewer and Water Supply Corporation Lift Station & a 92,000 gallon per day Wastewater Treatment Plant Replacement until 2 pm on Thursday October 15, 2026 at 1721 N. Von Minden La Grange, Texas 78945. The bids will be publicly opened and read aloud at 2 pm on Thursday October 15, 2026 at 1721 N Von Minden St. La Grange, TX 78945.

Bids are invited for several items and quantities of work as follows:

1. Jarmon Street Lift Station Replacement including wet well, pumps, piping, valves, and fittings

2. Jarmon Street Lift Station stand-by generator installation including concrete pads, piping and all else

3. 92,000 Gallon/Day Wastewater Treatment Plant Replacement

4. Pipe Bursting and Manhole Restoration

A non-mandatory Pre-bid Conference will be held on Wednesday, September 2, 2026 at 10:00 AM at the project location, beginning at 320 W. Train Street, Ellinger, Texas, and 106 Jarmon Street, Ellinger, Texas.

Bid/Contract Documents, including Drawings and Technical Specifications are on file at 1008 Live Oak Street Columbus TX 78934. Copies of the Bid/Contract Documents may be obtained by depositing $200 with Weishuhn Engineering Inc. for each set of documents obtained. The deposit will be refunded if the documents and drawings are returned in good condition within 10 days following the bid opening.

Copies of the Bid/Contract Documents may be obtained from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download plans and specifications for this project. There is NO charge to view or download documents from the website.

A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid [for those contracts that exceed $100,000]. A certified check or bank draft payable to the Fayette County or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin. This project is funded by the Texas General Land Office (GLO) under the Community Development Block Grant -DR/MIT. Fayette County reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by Fayette County 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 bidder’s qualifications prior to the contract award.

Fayette County Cindy Havelka, Auditor August 2026

All contractors/subcontractors must not be ineligible, debarred, suspended or otherwise excluded from participation in the System for Award Management (SAM.gov). An Active SAM Registration is required and must be submitted with this bid for eligibility consideration to work on this project.

http://www.civcastusa.com/

Bid Form Fayette Co CDBG-MIT GLO #24-065-184-F179

Ellinger Sewer & Water Supply Corporation Lift Station & 92,000 Gallon/Day Wastewater Treatment Plant Replacement

Item Description Estimated Quantity

Unit Unit Price

Total Price

1 Mobilization costs including transportation, moving on site, payment bond, performance bond, insurance, submittals, and SWPPP compliance NOT TO EXCEED 3% of project total, all in accordance with the plans and specifications.

1 LS

2 Provide Trench Safety Plan for Jarmon St. Lift Station and Wastewater Treatment Plant, sealed by a Professional Engineer licensed in Texas, complete in place, all in strict accordance with the plans and specifications.

1 LS

3 Trench Safety Plan Implementation to depths of 15 feet below ground surface for Jarmon St. Lift Station, complete in place in accordance with the approved Trench Safety Plan

80 LF

4 Trench Safety Plan Implementation to depths of 15 feet below ground surface for the Wastewater Treatment Plant, complete in place in accordance with the approved Trench Safety Plan

400 LF

Jarmon Street Lift Station Replacement including wet well, pumps, piping, valves, fittings, fencing and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

6 Jarmon Street Lift Station electrical, including all electrical equipment, panels, conduit, wiring, instrumentation, main control panel, disconnects, grounding, site lighting, and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

7 Jarmon Street Lift Station stand-by generator installation including relocating and setting equipment, new generator battery, concrete pads, piping, automatic transfer switch, breaker panel, electrical and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications. (Generator and Propane tank provided by Ellinger Sewer and Water Supply Corporation).

1 LS

8 Wastewater Treatment Plant Fence Removal & Replacement 250 LF 9 Sludge Drying Bed Demolition and Waste Disposal 1 LS

10 Site Grading 1 LS 11 Wastewater Treatment Plant Lift station grinder pumps, valves, fittings, and discharge piping, to proposed wastewater treatment plant, electrical and controls and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

12 Aeration basin concrete wastewater treatment plant unit, including earthwork, backfill, structural concrete, structural steel, and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

13 Clarifier concrete wastewater treatment plant unit, including earthwork, backfill, structural concrete, structural steel, and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

Unit Unit Price

Total Price

14 Chlorine Contact Basin concrete wastewater treatment plant unit or equivalent including internal and external piping and air mixing diffuser, gas chlorinator system and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

15 Coat interior Walls and top of Walls of Aeration Basin, Clarifier and Contact Basin with of 100 mils Dry Film Thickness (DFT) of a High Build Reinforced Amine Cured Epoxy, Sherwin Williams Dura-Plate 6000 series, or equivalent (in accordance with manufacturer’s printed instructions)

1 LS

16 Effluent Flow Monitoring (Parshall Flume Vault) Complete in Place including flow monitoring and instrumentation and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

17 Plant stairs, walkways and handrails adjacent to and connected to concrete wastewater treatment plant, including miscellaneous metals, and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

18 Aeration Basin Aeration System including blower concrete pad, blowers, control panel, electrical, aeration piping, valves, supports, diffusers complete in place and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

19 RAS & WAS Pumps, concrete pad, valves, piping, electrical and control panel, complete in place and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

20 Clarifier drive, motor and control panel, effluent trough, stilling well scum baffle scraper, weirs, and internal piping and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

LS

21 Odor Control Activated Carbon System including cannisters and hoses/piping and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

22 Polymer Assisted Sludge dewatering system including concrete pad, chemical area cover, dewater box and equipment and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

23 Plant water system extension to proposed wastewater treatment plant and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

24 Yard Piping and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

Unit Unit Price

Total Price

25 Effluent Piping and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

425 LF

26 Outfall Structure and rip rap and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

27 Decommission Race Track Wastewater Treatment Unit, as shown on the drawings, complete in place.

1 LS

28 Decommission Clarifier Unit as shown on the drawings, complete in place.

1 LS

29 Plant Electrical, including all electrical equipment, conduit, wiring, instrumentation, main control panel, disconnects, transformers, transfer switches, grounding, site lighting, and all else required for a complete and properly operating system, all in strict accordance with the plans and specifications.

1 LS

30 10” diameter sewer pipe replacement by Pipe Bursting including pre- and post CCTV and testing

725 LF

31 Manhole Restoration 3 EA

TOTAL AMOUNT BID ITEMS $

Unit Definitions LS: Lump Sum, LF: Linear Feet, EA: Each

Total Amount of Bid $ __________________________________________

Company Name Signature of Representative Date

Scope of Work must be completed 365 days following the Notice to Proceed issuance.

Fayette County reserves the right to reject any or all bids.

The Owner may exclude items as a function of grant funds available. Contract will be awarded on the line items that provide the Best Value for the Recipient and the Owner.

Subcontractor’s Respective Scope Proposed for Project 1._____________________________________________________________________________ 2._____________________________________________________________________________ 3._____________________________________________________________________________ Addendum Acknowledgement: Addenda Numbers:_________________________

A Schedule of Values for yard piping, plant electrical and site grading must be included with your bid.

The following documents are required to be submitted with the Bid:

Required bid security in the form of a Bid Bond in the amount of

5% of the Total Amount Bid Contractor’s Local Opportunity Plan;

Statement of Bidder’s Qualifications Certification for Business Concerns-Section 3 Preference in Contracting Contractor’s Certification Regarding Civil Rights Contractor’s Certification Concerning Labor Standards &

Prevailing Wage Rates Certificate of Liability Insurance

Non-Collusion Affidavit of Prime Bidder Certification Regarding Lobbying Disclosure of Lobbying Activities Certification Regarding Texas Senate Bill 252 House Bill 89 Verification (No Boycott Israel) Policy of Non-Discrimination on the basis of Disability Form 1295 Form Conflict of Interest Form SAM.gov Registration

INSTRUCTION TO BIDDERS

FOR CONSTRUCTION

1. Use of Separate Bid Forms

These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use.

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer 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 seven (7) 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, whether or not received by the bidders.

If an addendum to the bid package is necessary, it must be distributed to each potential bidder. The distribution of an addendum shall be verified either by statements of receipt or registered/certified mail receipts, which shall be included in the public works construction file. The addendum shall allow adequate time for consideration in bid preparation (usually at least one week). If adequate time is not available, the bid opening date must be extended and the Grant Recipient must republish the invitation for bids containing the place, time, and date for the new bid opening. Note that any change to the original bid opening date will require republication of the invitation for bids at least once in a locally published newspaper. The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site

Each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, the difficulties and restrictions pertaining to the performance of the contract. The bidder should thoroughly examine and become familiar with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal document or to visit the site or the conditions existing at the site. The City/ County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

4. Alternate bid items

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

5. Bids

a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings.

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

c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, local opportunity plan, and the statement of the bidder’s qualifications, 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 / County 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. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

a. Any bidder may modify its bid by submitting a modification or supplemental bid at any time prior to the scheduled closing time for receipt of bids, provided such modification or supplemental bid is received by the locality prior to the closing time. The modification or supplemental bid should not reveal the original bid price but should provide only the addition, subtractions or other modifications to the original bid so that the final prices or terms will not be known by the locality until the sealed bid is open.

7. Bid Bond

a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid [for contracts greater than $100, 000,]. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond.

b. The bid bond or its comparable will be returned to the bidder as soon as practical after the opening of the bids.

8. Statement of Bidders Qualifications

Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The Grant Recipient shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the contract, and the bidder shall furnish the Grant Recipient all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the Grant Recipient that the bidder is qualified to carry out properly the terms of the contract.

9. Unit Price

The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities.

10. Corrections

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

11. Time for Receiving Bids

Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the Grant Recipient that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered.

12. Opening of Bids

The City/County shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

13. Withdrawal of Bids

Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating its purpose in writing to the Grant Recipient. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly.

14. Award of Contract/Rejection of Bids

a. 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 locality 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.

b. The Grant Recipient 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.

15. Execution of Agreement/Performance and Payment Bonds

a. Performance Bonds - Requires all prime contractors which enter into a formal contract in excess of $100,000 with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to obtain a Performance Bond in the amount of the contract before commencing with work

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality;

and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the Notice of Award:

o Municipalities: If the contract is in excess of $50,000, a payment bond is required.

o Counties: If the contract is in excess of $25,000, a payment bond is required.

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty (30) days from the date of the notice of award-or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option, either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund.

16. Wages and Salaries

Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.

17. Equal Employment Opportunity

Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual identity, gender identity, or national origin, and other civil rights requirements.

18. Certification Regarding Lobbying –

Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining anh Federal contract, grant or any other award covered by 31 USC § 1352.

SAMPLE CONSTRUCTION CONTRACT

THIS AGREEMENT made this the __________ day of ___________________, ______, by and between

____________________________ (a corporation organized and existing under the laws of the State of _____________)

(a partnership consisting of _______________) (an individual trading as _______________________) [Note 1] hereinafter called the “Contractor”, and _____________________ hereinafter called the “City/County.”

WITNESSETH, that the Contractor and the City/County for the considerations stated herein mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, _____________________ [Note 2] for the ____________________ GLO Community Development Block Grant (CDBG) project, all in strict accordance with the contract documents including all addenda thereto, numbered __________________, dated

___________ and _________, all as prepared by ____________________ acting and in these contract documents preparation, referred to as the “Engineer”.

Special Notes:

Note 1. Strike out the terms not applicable.

Note 2. Identify the principal items of Contract such as grading, paving, water mains, sewer lines, treatment facilities, etc.

ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in______________________________ hereof.

Alternate Pricing Techniques: In the event the statutory provisions require the contract price to be a fixed sum, in the absence of an approved form, the following should be substituted for Article 2 above.

“ARTICLE 2. The Contract Price. The City/County will pay the Contractor for the performance of the

Contract, in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of

___________________ Dollars ($_________________).”

ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:

a. This Agreement (pgs. 1-3)

b. Addenda

c. Invitation for Bids

d. Instructions to Bidders

e. Signed Copy of Bid

f. General Conditions, Part I g.Special Conditions h.Technical Specifications

i. Drawings (as listed in the Schedule of

Drawings)

j. GLO Required Documentation ARTICLE 4. Performance. Work, in accordance with the Contract dated _________________, ________, shall commence on or before ___________________, _______, and Contractor shall complete the WORK within

_________________ consecutive calendar days thereafter. The date of completion of all WORK is therefore

This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate (Note 3) original copies on the day and year first above written. (Note 3)

(The Contractor)

By______________________ [Note 4]

Title___________________________

(City/County)

By____________________________

Title___________________________

Special Notes:

Note 3. The number of copies to be executed by the parties should be stated in the agreement in the space provided. Such additional signed copies shall be prepared as may be required by the surety companies and others.

Note 4. Supply a description of the Contractor (e.g., proprietorship, partnership, and corporation).

Corporate Certifications

I, ______________________________, certify that I am the _________________ of the corporation named as Contractor herein; that ___________________________, who signed this Agreement on behalf of the Contractor, was then

___________________________ of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate ________________________________

Seal (Corporate Secretary)

GENERAL CONDITIONS – PART I

GLO General Conditions Page 1 of 26

GENERAL CONDITIONS - PART I

1. Contract and Contract Documents

a. The project to be constructed pursuant to this contract will be financed with assistance from the

General Land Office (GLO) through the Community Development Block Grant – Disaster Recovery

(CDBG-DR) fund and is subject to all applicable Federal and State laws and regulations.

b. The Plans, Specifications and Addenda shall form part of this contract and the provisions thereof shall be binding upon the parties as if they were herein fully set forth.

2. Definitions

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined:

a. The term "Contract" means the Contract executed between the OWNER and CONTRACTOR, of which these GENERAL CONDITIONS, form a part.

b. The term "Project Area" means the area within the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract.

c. The term "Engineer" means Engineering Firm, Engineer in charge, serving the OWNER with engineering services, his successor, or any other person or persons, employed by the OWNER for the purpose of directing or having in charge the work embraced in this Contract.

d. The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings).

3. Supervision By Contractor

a. Except where the Contractor is an individual and personally supervises the work, the Contractor shall provide a competent superintendent, satisfactory to the Engineer, on the work at all times during working hours with full authority to act as Contractor’s agent. The Contractor shall also provide adequate staff for the proper coordination and expediting of his work.

b. The Contractor shall be responsible for all work executed under the Contract. Contractor 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.

GLO General Conditions Page 2 of 26

4. 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 Contractor has verified the subcontractor has been cleared (not suspended or debarred) to participate in federally funded contracts.

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. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the OWNER.

f. Contractors are encouraged to subcontract with Minority Business Enterprises, Small Business

Enterprises, Women Business Enterprises, and labor surplus area firms.

5. 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 suppliers engaged upon this Contract.

6. Payments to Contractor

a. Partial Payments

1) The Contractor shall prepare the requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) (5% for contracts more than $400,000) of the total amount, to be retained until final payment, and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer.

2) Monthly or partial payments made by the OWNER to the Contractor are advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the OWNER. Such payments shall not constitute a waiver of the right of the OWNER to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the OWNER in all details.

GLO General Conditions Page 3 of 26

b. Final Payment

1) After final inspection and the acceptance by the OWNER of all work under the Contract, the

Contractor shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments.

2) Before paying the final estimate, OWNER shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor. The OWNER may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract.

3) Any amount due the OWNER under Liquidated Damages, shall be deducted from the final payment due the contractor.

c. Payments Subject to Submission of Certificates

Each payment to the Contractor by the OWNER shall be made subject to submission by the

Contractor of all written certifications required of it and its subcontractors.

d. Withholding Payments

The OWNER may withhold any payment due the Contractor as deemed necessary to protect the

OWNER, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the OWNER and will not require the OWNER to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the

OWNER elects to do so. The failure or refusal of the OWNER to withhold any moneys from the

Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

7. Changes in the Work

a. The OWNER may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any obligations under the

Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by CDBG-DR prior to execution of same.

b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials

GLO General Conditions Page 4 of 26 beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the OWNER authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

c. If applicable unit prices are contained in the Contract, the OWNER may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%).

d. Each change order shall include in its final form:

1) A detailed description of the change in the work.

2) The Contractor's proposal (if any) or a confirmed copy thereof.

3) A definite statement as to the resulting change in the contract price and/or time.

4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract.

8. Claims for Extra Cost

a. If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the OWNER, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

b. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued.

c. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the OWNER and work shall not proceed except at the Contractor's risk, until written instructions have been received from the OWNER.

d. If, on the basis of the available evidence, the OWNER determines that an adjustment of the Contract

Price and/or time is justifiable, a change order shall be executed.

9. Termination, Delays, and Liquidated Damages

Right of the OWNER to Terminate Contract for Convenience

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OWNER may at any time and for any reason terminate Contractor’s services and work at OWNER's convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement plus (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by OWNER. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to

Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against OWNER for any additional compensation or damages in the event of such termination and payment.

Right of the OWNER to Terminate Contract for Cause

If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor violates any of the covenants, conditions, agreements, or stipulations of this

Agreement, the OWNER shall have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor pursuant to this Agreement shall, at the option of the OWNER, be turned over to the OWNER and become the property of the OWNER. In the event of termination for cause, the Contractor shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination.

Notwithstanding the above, the Contractor shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of contract by the Contractor, and the OWNER may set-off the damages it incurred as a result of the Contractor’s breach of contract from any amounts it might otherwise owe the Contractor. 2 CFR 200 APPENDIX II(B)

a. Liquidated Damages for Delays.

If the work is not completed within the time stipulated in the applicable bid for Lump Sum 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 $500/day for each calendar day of delay, until the work is completed. The Contractor and Contractor’s sureties shall be liable to the OWNER for the amount thereof.

b. Excusable Delays.

1) 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:

2) 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;

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3) Any acts of the OWNER;

4) Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, terrorism, war, acts of another Contractor in the 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.

5) Provided, however, that the Contractor promptly notifies the OWNER within ten (10) days in writing of the cause of the 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.

10. Assignment or Novation

The Contractor shall not assign nor transfer, whether by assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written 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 of all persons, Contractors, or corporations rendering such labor or services or supplying such materials, tools, or equipment.

11. 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 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 for review. Contractor shall be liable for any issues or expenses in the event the discrepancy is not submitted to the OWNER.

12. Shop Drawings

a. All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the

Engineer by email 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 Contractor’s 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.

b. 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 that, if acceptable, suitable

GLO General Conditions Page 7 of 26 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.

c. If a shop drawing is in accordance with the contract or involves only 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 responsibility to adhere to the contract or for any error in the drawing.

13. Requests for Supplementary Information

It shall be the responsibility of the Contractor to make timely requests of the OWNER for any additional information which should be furnished by the OWNER under the terms of this Contract, and which is required in the planning and execution 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 weeks after 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.

14. Materials and Workmanship

a. 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 kinds 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.

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

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

d. 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.

e. The OWNER may require the Contractor to dismiss from the work such employee or employees as the OWNER or the Engineer may deem unqualified.

15. Samples, Certificates and Tests

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a. The Contractor shall submit all material or equipment samples, certificates, 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 certificates for approval shall not be considered just cause for an extension of the contract time.

b. 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 from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. 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.

c. 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.

d. 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 re-testing materials which fail to meet contract requirements;

3) The…