IFB - Project Documents and Specifications_WWTP Unit 4 Blower Purchase.pdf

7322 Southwest Fwy Suite 1040 • Houston, TX 77074 • (713)-400-ARKK • www.arkkengineers.com • TX PE Firm No. 13872

Specifications and Contract Documents for

Blower Purchase for WWTP Unit 4

July 2026

Prepared By:

7/15/2026

SPECIFICATIONS AND CONTRACT DOCUMENTS

for in

CITY OF KATY, TEXAS

JULY 2026

ARKK JOB NO. 26-009a

ARKK ENGINEERS, LLC

7322 SOUTHWEST FREEWAY, SUITE 1040

HOUSTON, TEXAS 77074

(713) 400-2755

TX P.E. Firm No. 13872

City of Katy

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TABLE OF CONTENTS

NO. OF

BIDDING REQUIREMENTS PAGES

Notice to Bidders

General Instructions to Bidders

Non-Collusion Affidavit

Bid Proposal

CONTRACT FORMS

Standard Form of Agreement

Conflict of Interest Questionnaire

Form 1295 Texas Ethics Commission - Certificate of Interested Parties .......... Provided by Contractor

CONDITIONS OF THE CONTRACT

General Conditions of Agreement

TECHNICAL SPECIFICATIONS

11360 Multistage Centrifugal Blowers-Purchase Specification

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NOTICE TO BIDDERS

Sealed proposals addressed to the City of Katy will be received at the City of Katy City Hall, 901 Avenue C, Katy, Texas 77493, attention Becky L. McGrew, City Secretary; for furnishing all necessary materials, equipment, superintendence, and labor for the Blower Purchase for WWTP Unit 4 project until 11:00 a.m. Friday, August 7, 2026. Bids will, immediately thereafter, be publicly opened and read aloud.

Any bids received after closing time will be returned unopened.

The project involves the purchase and delivery of one multistage centrifugal blower unit and accessories for the City of Katy Wastewater Treatment Plant Unit 4. The project includes all labor, equipment, materials, and incidentals required for the project.

Award of this contract will be made on the basis of the lowest qualified bid. The right is reserved as the interest of the Owner may require, to reject any or all bids, and to waive any informality in bids received.

Owner reserves the right to award the contract at any time within ninety (90) days after bid opening.

Equal Opportunity in Employment – all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR Part 60.

A Complete set of the bidding documents are on file at www.civcastusa.com.

First Publication: Thursday, July 23, 2026 Second Publication: Thursday, July 30, 2026

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GENERAL INSTRUCTIONS TO BIDDERS

1. SCOPE OF WORK

The work to be done under the contract documents shall consist of the following:

The Contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with the contract documents.

2. COMPLIANCE WITH CONTRACT DOCUMENTS

All work covered by this Contract shall be done in accordance with the contract documents as described in the General Conditions of Agreement.

All bidders shall be thoroughly familiar with all of the requirements set forth in the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.

3. PLANS FOR USE BY BIDDERS

It is the intent of the Owner that all parties interested in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid. The contract documents may be examined without charge as noted in the Notice to Bidders. Any party wishing to purchase a copy of the contract documents, including all plans and specifications, may do so at a charge as indicated in the Notice to Bidders.

4. INTERPRETATION OF TECHNICAL SPECIFICATIONS, PLANS AND OTHER

DOCUMENTS

Bidders desiring additional information or clarification of technical specifications, plans or other documents must make written requests for such information to the Professional as the Owner's representative prior to 96 hours before the deadline specified for receipt of bids.

Answers to all such requests will be given in writing, in addendum form, to all bidders, and all addenda will be bound with and become a part of the contract documents. No written or oral explanation or interpretation except that which is provided by the addenda prepared by the Professional will be considered official or binding. If the bidder should find discrepancies in or omissions from the technical specifications or plans, or should some doubt exist as to their meaning, the bidder shall notify the Professional in writing so that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they have received all such addenda. A complete file on all addenda issued will be maintained at the Professional's office. In the event a bidder shall fail to seek clarification or interpretation of any part or portions of the technical specifications, plans or other

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documents, such bidder shall be presumed to have full knowledge of the interpretation by the Professional.

5. CONDITIONS OF WORK

Each bidder shall fully inform himself of the construction and working conditions under which the work will be performed. Bidders shall inspect the site and thoroughly familiarize themselves with the full bid documents including technical specifications and plans. Failure to do so will not relieve a successful bidder of his obligation to perform the work in accordance with contractual requirements. It is understood that the bid prices shall include the furnishing of all superintendence, labor, material, machinery, equipment, tools, transportation, services and other means of construction, including parts, incidentals and appurtenances, as necessary to complete the work in accordance with the contract documents, technical specifications and plans.

Bidder should carefully examine the bidding documents and the site to determine the actual conditions under which work will be done. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site. Submission of a bid constitutes acceptance by the bidder of existing site conditions as part of the requirements of this work.

6. SUBSURFACE INFORMATION

Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Soil reports, if any, that the Professional has obtained for this project will be provided to the bidders for their use. The interpretation of soil information, results of soil borings, etc., is in no way guaranteed.

7. OPEN SPECIFICATIONS

Where equipment or materials are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer but rather to set a definite standard of quality and/or performance and to establish an equal basis for the evaluation of bids. Where the words "equivalent" or "equal to" are used, they shall be understood to mean that the thing referred to shall be, in the opinion or judgment of the Professional, the equivalent of or equal to the product or item specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be, in all cases, fully equivalent to approved samples. Notwithstanding that the words "equivalent", "equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used unless a substitute shall be approved in writing by the Professional.

The Professional has the right to require the use of such specifically designated materials, articles or processes.

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8. PREPARATION OF BID PROPOSAL

Unless otherwise directed in the Notice to Bidders, bids shall be submitted in duplicate upon forms furnished by the Owner or copies thereof. All bids shall be prepared in compliance with the requirements of the Notice to Bidders, these instructions and any instructions printed on the prescribed forms. All blank spaces in the form shall be correctly filled in, and the bidder shall state the price(s) in numerals, for which he proposes to do the work contemplated or to furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. Amounts shall be extended and totaled, and no change shall be made in the phraseology of the form or of the bid items thereon. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If optional items are shown on the bid form and the bidder elects not to bid on such optional items, then "No Bid" must be entered in the blank spaces provided. If a space is left blank on the bid form, the Owner will interpret such blank as a "No Bid".

The bidder must sign the bid proposal in ink in the space provided on the bid form; unsigned bids will not be accepted. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. A bid submitted by a sole proprietorship must be signed by the proprietor and must clearly set out the name under which the proprietor is conducting business. If the proposal is submitted by a firm, association or partnership, then the name and address of the firm, association or partnership must be shown together with the name and address of each member, and the proposal must be signed by a member of the firm, association or partnership or other person duly authorized.

If the proposal is submitted by a company or corporation, the company or corporate name and business address, the name of the registered agent, the address of the registered office, and the names, addresses and offices of each corporate officer, must be given. Bids submitted by a corporation must be signed by an officer of the corporation having the authority to execute such documents for the corporation, which authority is granted either by the corporate charter, the by-laws of the corporation or a resolution of the board of directors of the corporation, and shall specify under what authority the proposal is signed; the proposal shall be attested to by the secretary or an assistant secretary of the corporation, and the corporate seal shall be affixed thereto.

Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal.

Each bid proposal shall be enclosed in a sealed envelope and submitted in duplicate, addressed as specified in the Notice to Bidders and bearing the bidder's name and the notation "Bid Enclosed - Proposal for Blower Purchase for WWTP Unit 4”

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All Bidders are required to submit the following with their bid:

a. Bid Proposal

b. Non-Collusion Affidavit

c. Completed Conflict of Interest Questionnaire

9. BID SECURITY REQUIRED

Not used.

10. LIST OF SUBCONTRACTORS AND MAJOR SUPPLIERS

11. STATEMENT OF QUALIFICATIONS

12. FINANCIAL STATEMENT

13. NON-COLLUSION AFFIDAVIT

Each bidder shall execute and attach thereto, an affidavit substantially in the form provided in the Contract Documents, to the effect that he has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted

14. DELIVERY OF BIDS

It is the bidder's responsibility to deliver his bid in accordance with the instructions contained in the Notice to Bidders. Bids dispatched but not received by the date and time specified will be returned unopened upon receipt.

15. BID MODIFICATIONS

At any time prior to the deadline set for receipt of bids, a bid may be withdrawn and resubmitted by submitting a written request to do so to the person who holds the bid, but no proposal may be altered after the closing time set for receipt of bids. In addition, any bidder may modify his bid by telegraphic communication or by any available means of written or mechanically printed communication at any time prior to the scheduled closing time, provided such communication is received by the City Secretary prior to the deadline set for receipt of bids and provided further that if written confirmation of the modification, over the actual signature of the bidder, has not been delivered into the hands of the Owner prior to the closing time, the Owner is satisfied that such written confirmation, over the actual signature of the bidder, was mailed prior to the closing time as determined from an examination of the postmark. If signed written confirmation is not received within two (2) days from the closing

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time, no consideration shall be given to such modification. Receipt of a bid modification by any other employee, office or division of the Owner shall not constitute receipt by the Owner, and it shall be the sole responsibility of the bidder to verify or confirm that any such modification has in fact been received by the City Secretary prior to the deadline.

16. WITHDRAWAL OF BID

At any time prior to the time set for opening of the bids, a bid proposal may be withdrawn by submitting a written request to do so to the person who holds the bid.

17. REJECTION OF IRREGULAR OR IMPROPER BID

Any bid which contains any omission, alteration, erasure, addition or change of any nature, or which does not include prices for each and every bid item (excluding optional items) may, at the option of Owner, be deemed irregular. In order for any such bid to be considered, any alteration, erasure or other change must be initialed by the bidder prior to submission of the bid. In addition, any bid in which the prices are obviously unbalanced or which fails in any manner to conform to the bidding procedures as set forth may be considered irregular. Any bid proposal which is deemed irregular may be rejected and returned to the bidder without being considered.

Further, any proposal containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered.

18. OWNER’S RIGHT TO REQUIRE ADDITIONAL INFORMATION

The Owner reserves the right, after the bids have been opened and before the contract has been awarded, to conduct such investigations as the Owner deems necessary to assist in the evaluation of the bids and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform the work in accordance with the Contract Documents; and to require of a bidder additional information to aid in the evaluation of the bid and the bidders qualifications including but not limited to the following information:

(a) The experience record of the bidder and key subcontractors, suppliers and other persons showing completed jobs of similar scope and work requirements to the one covered by the proposed Contract and all work in progress with bond amounts and percentage completed;

(b) A sworn statement of the current financial condition of the bidder, key subcontractors and suppliers

(c) An equipment schedule.

19. AWARD OF CONTRACT

Unless all bids are rejected, the Owner plans to award the Contract as promptly as possible, consistent with the time required for a thorough analysis of the bids submitted. However, the Owner reserves the right to delay award for ninety (90) days after receipt of bids. If no

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award is made within ninety (90) days after receipt of bids, a bidder may withdraw his bid without prejudice to himself by submitting a written request for its withdrawal to the person who holds the bid.

The contract will be awarded to the lowest responsible, responsive bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the project. The Contract will be awarded on the basis of all factors that are available to be judged by the Owner and deemed by the Owner to be of the greatest advantage to it, considering the type of work involved, the length of duration thereof, the elements of the bid, history and performance of bidders in previous jobs and other factors as shall be determined by the Owner. Each bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. The Owner reserves the right to reject any or all bids and to waive bid irregularities as the interest of the Owner may require. Also, the Owner reserves the right to reject the bid of any bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum there of will be resolved in favor of the correct sums.

20. BOUND COPIES OF CONTRACT DOCUMENTS

The Agreement, and all related contract documents will be prepared and signed in not less than three (3) multiple original counterparts. Each set of contract documents shall be bound and shall include the following:

a. Notice to Bidders;

b. General Instructions to Bidders;

c. Bid Proposal;

d. Standard Form of Agreement;

e. Conflict of Interest Questionnaire;

f. Form 1295 Texas Ethics Commission Certificate of Interested Parties;

g. Insurance Certificate;

h. General Conditions of Agreement, including all Attachments;

i. Technical Specifications (including plans and drawings); and

j. All other addenda and documents made available to bidder in accordance with the

The Owner will furnish the Contractor with three (3) copies of conforming contract documents, technical specifications, and plans free of charge. Additional copies, if needed, can be obtained from the Professional at the amount indicated in the Notice to Bidders. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others as required for proper prosecution of the work contemplated by the Contractor.

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21. TEXAS STATE SALES TAX

This Contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Tex. Tax Code §§ 151.301, 151.307, 151.309 and 151.311.

The Contractor must obtain a limited-sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

22. INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all insurance as required in the General Conditions of Agreement, set forth in the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the Owner. Proof of coverage shall be furnished to the Owner and written notice of cancellation or any material change shall be provided to the Owner not less than thirty (30) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation.

The insurance certificates furnished shall name the Owner, the Professional/Engineer, their agents and employees, as an additional insured and shall further state that all subcontractors are named as additional insured, or, in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted.

23. CONTRACTOR'S REPRESENTATIVE

24. TIME AND ORDER FOR COMPLETION

The work covered by the contract documents shall commence within ten (10) days after written Notice to Proceed shall have been given by Engineer and be completed within time period specified in the Bid Proposal

25. WORKING HOURS

26. MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until completion of the project and acceptance by the Owner. The presence or absence of a representative of the

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Owner on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.

27. GUARANTEES

All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish the Owner with a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, at no cost to the Owner, and pay for any and all damages of any nature whatsoever resulting from such defects when such defects appear as a result of defective materials or workmanship within one (1) year from the date of final acceptance of the work. This will be in addition to the required One Year Maintenance Bond.

28. PROTECTION OF THE WORK

The Contractor shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work until the date the Owner issues its certificate of completion to the Contractor.

29. PROTECTION OF SUBSURFACE LINES AND STRUCTURES

30. BARRICADES AND SAFETY MEASURES

31. EXPLOSIVES

32. PAYMENT OF EMPLOYEES

The Contractor and each of his subcontractors agree to pay all employees engaged in work on the project under this Contract in full (less mandatory legal deductions), and further agree that no such employees shall look to the Owner for payment of wages or compensation earned by reason of such work. Minimum wage rates are contained in the General Conditions of the Contract.

33. PAYMENT TO CONTRACTOR

All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of Agreement of the contract documents.

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34. AFFIDAVITS OF BILLS PAID

The Owner reserves the right, prior to final acceptance of this project or with the project’s pay estimate submitted each month, to require the Contractor to execute an affidavit certifying that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending of which the Contractor has been notified.

35. QUESTIONS

Submit questions about bidding documents to the Engineer/Professional. Inquiries are permitted until ninety-six (96) hours prior to bid opening. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding documents. Oral instructions do not form a part of the bidding documents. Bidders should contact the Engineer/Professional not less than 48 hours before bid opening to secure any addenda that may affect bidding.

36. SUPPLEMENTAL PAY ITEMS AND MINIMUM UNIT PRICE BID ITEMS

37. TEC FORM 1295

Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the “Interested

Party Disclosure Act” or the “Act”), the City may not award the contract to a bidder unless the bidder has provided to the City a completed, signed and notarized TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”).

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website (https://www.ethics.state.tx.us/tec/1295-Info.htm), assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 must be provided to the City prior to the execution of the contract.

38. Compliance with 2270.002 of the Texas Government Code.

As required by Section 2270.002 of the Texas Government Code, Contractor hereby verifies that he does not boycott Israel and will not boycott Israel during the term of this Contract.

For purposes of this Contract, the phrase “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

39. Compliance with Texas Government Code Chapter 2252 Subchapter F. Pursuant to Section

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

NON-COLLUSION

AFFIDAVIT

(TO BE SUBMITTED WITH THE BID)

STATE OF TEXAS}

COUNTY OF HARRIS}

BEFORE ME, the undersigned authority, on this day personally appeared ____________________________________, known to me to be the person whose name is subscribed to the following, who upon oath, says:

I am the Manager, Secretary or other agent or officer or Principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon.

I further affirm that the Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

Affliant

SWORN TO AND SUBSCRIBED BEFORE ME by the above Affliant, who on oath states that the facts contained in the above are true and correct, this _________ Day of _____________________, 20

Notary Public in and for

________________________County, Texas

Name of Bidder __________________________________

Signed by_______________________________________ (Sign Name in Writing) ( Title)

Address________________________________________

(Zip Code)

Telephone Number: _________________ Date: _________

The City of Katy does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or in the provision of services.

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BID PROPOSAL

BID FOR UNIT PRICE CONTRACT

DATE:

Proposal of:

(Hereinafter called “Bidder”)

TO: THE HONORABLE MAYOR AND CITY COUNCIL

CITY OF KATY, TEXAS

(Hereinafter called "Owner")

The Bidder, in compliance with your invitation for bids for the construction of:

having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A" attached hereto.

The Bidder binds himself, upon acceptance of his proposal, to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated herein and for the prices stated in Exhibit "A" of this proposal.

Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 140 calendar days for the Base Bid work and any Add Alternate bid work (if awarded by the City) as stated in the General Instructions to Bidders thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as set forth in the General Conditions of Agreement.

The following unit prices are bid and shall be complete compensation as measured in place for all materials, labor, overhead, profits and any other cost that is necessary to complete the job to the Engineer’s/Professional’s specifications and satisfaction. It is also understood that the quantities shown are only an estimate of the work to be done. No re-negotiation of prices bid will be made for over runs or under runs of quantities.

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Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the General Instructions to Bidders.

Bidder understands that the Owner reserves the right to reject any or all bids, use deductible bid items and to waive any formality in the bidding.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids.

Bidder acknowledges receipt of the following addenda:

1. 3.

2. 4.

The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed and to substantially complete the work on which he has bid, as provided in the contract documents.

Enclosed with this proposal is a cashier's check or certified check for Dollars ($ ) or a bid bond in the sum of ($ ) as which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bonds (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.

Unit Prices are to be shown in Figures. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum there of will be resolved in favor of the correct sum.

The unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, incidental costs, fees, profit, insurance, etc., to cover the finished work of the several kinds called for.

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Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the

Bidder

By:

Signature

Type or Print:

Bidder’s Name:

Bidder’s Address:

(If Bidder is a Corporation):

Attest:

Secretary

Name of (Corporate Seal) Person Signing:

Office Held:

ITEM ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL

NO. PRICE AMOUNT

BASE BID

Provide One (1) Skid-Mounted Multistage Centrifugal Blower Assembly with 150 HP Motor, Complete per Specification 11360, including delivery and offloading to the site, including startup assistance

LS 1 $ $

Provide Inlet Accessories: One (1) 10" Butterfly Valve, One (1) Inlet Filter/Silencer, and One (1) Pressure Gauge, including delivery and offloading to the site

LS 1 $ $

Provide Discharge Accessories: One (1) 8" Discharge Check Valve, One (1) 8" Discharge Butterfly Valve, and One (1) Pressure Gauge, including delivery and offloading to the site

LS 1 $ $

Provide Local Control Panel, including delivery and offloading to the site.

LS 1 $ $

City of Katy, Texas Blower Purchase for WWTP Unit 4

Exhibit "A"

BID PROPOSAL

TOTAL BID:

ARKK Job # 26009A BP-4

AGREEMENT-1

STANDARD FORM OF AGREEMENT

STATE OF TEXAS

COUNTY OF HARRIS

THIS AGREEMENT, made and entered into this, the day of ,20 , A.D. by and between the CITY OF KATY, TEXAS, of the County of Harris and State of Texas, duly incorporated and existing under and by virtue of the Constitution and the laws of the State of

Texas, acting by and through the undersigned Mayor as attested to by the City Secretary of the City of Katy, Texas, thereunto duly authorized so to do, hereinafter referred to as “OWNER”, and

, a corporation duly authorized to do business and existing under the laws of the State of Texas, acting by and through a duly authorized officer thereof as attested to by the Secretary of said corporation of the City of , County of ___

, State of , hereinafter referred to as “CONTRACTOR”.

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

Blower Purchase for WWTP Unit 4 and all necessary work of every kind or nature, including all extra work in connection therewith necessary to complete said improvements, under the terms as stated in the contract documents, including the General Conditions of Agreement, and, at its own proper cost and expense, to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Invitation to

Bidders, General and Special Conditions of Agreement, plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by

ARKK Engineers, LLC, hereinafter called “ENGINEER”, each of which has been identified by the

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CONTRACTOR and the ENGINEER, together with CONTRACTOR'S written Proposal, the

General Conditions of Agreement and the Performance and Payment Bonds hereto attached, all of which are made a part hereof and collectively evidence and constitute the entire Contract.

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to it and to substantially complete the same within the time specified in the contract documents, subject to such extensions of time as shall be specified in the General and Special Conditions or shall have been specifically agreed to in writing by the parties hereto, which writing shall be attached to this Contract as a part hereof.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the

Contract in accordance with the Proposal submitted therefore, which forms a part of this Contract, subject to additions and deductions as provided in the contract documents, and to make payment on account thereof as provided therein.

The undersigned persons executing this Contract and all other documents executed simultaneously herewith, do certify and attest that they are executing the same in their capacity as herein stated as the act and deed of the corporation and that they have authority to do so under the terms of the Charter, By-laws and resolutions of said corporation and that, unless more specifically set out in the Charter or By-laws of said corporation, the following is an excerpt of the official minutes of said corporation as found and contained in the official minute book of said corporation:

RESOLVED that , an officer of this corporation holding the office of

, is authorized to execute, for and on behalf of this corporation, a Contract with the OWNER, a copy of which is attached hereto and marked Exhibit

"A", upon the same being duly attested to by the Secretary of this corporation as the act and deed of this corporation.

AGREEMENT-3

On , 20__ at the Council Meeting for the City of Katy, City Council approved authorizing the Mayor to sign and execute the Contract.

Mayor, City of Katy Texas

ATTEST:

City Secretary

IN WITNESS WHEREOF, the undersigned officers of the corporation, whose names are hereinafter set out, do certify and attest that they have executed this Agreement in their capacities as herein stated, for and on behalf of said corporation, and that they have authority to do so under specific authorization granted to them under the Charter or By-laws of said corporation or, if said

Charter and By-laws are silent, then under authority granted to them under a resolution duly adopted by the Board of Directors of said corporation, as set out in the official minute book of said corporation, and an excerpt of said resolution is herein previously set out.

CONTRACTING CORPORATION (CONTRACTOR)

Officer

ATTEST: Office Held

Secretary

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Insert Form 1295 Texas Ethics Commission

Certificate of Interested Parties

General Conditions of Agreement - Page 1

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS AND INTERPRETATION

1.01 OWNER, CONTRACTOR AND PROFESSIONAL. The Owner, the

CONTRACTOR and the PROFESSIONAL are those persons or organizations identified as such in the Agreement. The term PROFESSIONAL means a person authorized to act as a representative of the entity designated by the Owner to provide engineering or other PROFESSIONAL services required in connection with the preparation and performance of this Contract.

1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the documents contained, assembled and bound with these General Conditions of Agreement, including, whether or not labeled as such, Notice to Bidders (Advertisement), General Instructions to Bidders, Subcontractors and Major Suppliers Form, Bid Proposal, signed Agreement, Performance, Payment and One Year Maintenance Bonds (if required), Special Bonds (when required), General Conditions of Agreement, Special Conditions of Agreement (if any), Insurance Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement, and any other document, whether or not labeled, which shall become a part of the set of documents bound together with the General Conditions of Agreement.

The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. Any conflicts between any of the contract documents shall be resolved first by reference to these General Conditions of Agreement; and in the event the General Conditions of Agreement do not address such conflict, then the designated PROFESSIONAL shall resolve any conflict by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of the contract documents.

1.03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes only those having a direct contract with the CONTRACTOR for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any subcontractor employed by CONTRACTOR for performance of work on the project contemplated by these contract documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor.

1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, firm or corporation.

1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required by the PROFESSIONAL as representative of the Owner, furnish satisfactory evidence as to the kind and quality of materials.

Materials or work described in words which so applied have well-known, technical or trade meaning

General Conditions of Agreement - Page 2 shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the contract documents.

1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the PROFESSIONAL as representative of the Owner, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and which shall, prior to the commencement of such work, be authorized in writing by the PROFESSIONAL.

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

1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, no days being excepted.

1.09 INTERPRETATION OF WORDS AND PHRASES. Whenever the words

“directed”, “permitted”, “designated”, “required”, “considered necessary”, “prescribed” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the PROFESSIONAL as the Owner’s representative is intended.

Similarly, the words “approved”, “acceptable”, “satisfactory” or words of like import shall mean that no exception is taken, but does not relieve CONTRACTOR of responsibility for performance of project requirements.

Whenever in the Specifications or drawings accompanying this Agreement, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the PROFESSIONAL as the Owner’s representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work.

1.10 SPECIAL CONDITIONS.