INFLUENT_SUCTION_LINES_REPLACEMENT_NWWTP_BID_DOC.pdf

CITY OF

WESLACO

BID AND CONTRACT D O C U M E N T S AND

SPECIFICATIONS

1300 N. AIRPORT DR. WESLACO TX 78596

INFLUENT PUMP STATION – SUCTION HEAD

REPLACEMENT

RFB NO. 2025-26-42

7/1/2026

Prepared by: ENGINEERING DEPARTMENT JULY 2026

INFLUENT PUMP STATION –

SUCTION HEAD REPLACEMENT

City of Weslaco, Texas

TABLE OF CONTENTS

BIDDING REQUIREMENTS

NO.OF

PAGES

CITY OF WESLACO - INVITATION TO BID

CITY OF WESLACO - INSTRUCTIONS TO BIDDERS

CITY OF WESLACO - BID AGREEMENT FORM

CITY OF WESLACO - SCOPE OF WORK……………….…………………………………………..7

CONTRACT REQUIREMENTS

00300 BID PROPOSAL FORM

00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

00610 PERFORMANCE BOND

00630 PAYMENT BOND

00650 PLANS AND SPECIFICATIONS……………………………………………………………..22

City of Weslaco

Request for Bid / RFB No.: 2025-26-42

INFLUENT PUMP STATION – SUCTION HEAD REPLACEMENT

Electronic submissions of bids addressed to Homer Rhodes, Purchasing Agent, will be accepted via BIDNET. RFB deadline 10:00 AM on July 30, 2026, at which time they will be opened and read aloud via ZOOM meeting (Zoom link provided in RFB document).

Potential respondents are advised that documents related to the solicitation of bids can be downloaded from the City of Weslaco web page address:

https://www.bidnetdirect.com/texas/cityofweslaco, Be advised that the BIDNET portal/website is the primary source of all bid documents. BIDNET portal/website must be monitored regularly for addendums and/or bid notices. Respondents are responsible for obtaining all the necessary information required for a compliant bid.

A non-mandatory but recommended pre-bid meeting will be held on July 10, 2026, at 10:00 A.M. via Zoom.

https://us02web.zoom.us/j/84676525400?pwd=eXxmVs1DCcaSDvgeZtFbe6hbK4JXzr.1 Meeting ID: 846 7652 5400 / Passcode: 469470

A non-mandatory but recommended bid opening meeting will be held on July 30, 2026, at 10:00 A.M. via Zoom.

https://us02web.zoom.us/j/83272921584?pwd=ebbahAWI87qY3e5V5hVwqp7uw2Ll0a.1 Meeting ID: 832 7292 1584 / Passcode: 720430

The City of Weslaco reserves the right to accept or reject any or all bids, to waive any informalities, and to accept the bid to be the best value and most advantageous (as allowed in Local Government Code 252.043) to the City and to hold bids for a period of sixty (60) days without taking action, for the purpose of reviewing and investigation of respondent’s qualifications prior to award. Bids must be submitted electronically through BIDNET, no other form of submission will be accepted.

/s/ Homer Rhodes Purchasing Agent 956-447-2240 hrhodes@weslacotx.gov http://www.bidnetdirect.com/texas/cityofweslaco https://us02web.zoom.us/j/84676525400?pwd=eXxmVs1DCcaSDvgeZtFbe6hbK4JXzr.1 https://us02web.zoom.us/j/83272921584?pwd=ebbahAWI87qY3e5V5hVwqp7uw2Ll0a.1 mailto:hrhodes@weslacotx.gov

CITY OF WESLACO REQUEST FOR BIDS

INFLUENT PUMP STATION – SUCTION HEAD

INSTRUCTIONS TO BIDDERS

IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE AND GOVERN THE

REPLACEMENT OF ALL FIVE GORMAN‑RUPP SUCTION HEADS AND ASSOCIATED

10‑INCH DUCTILE IRON PIPING AT THE NORTH PLANT WWTP INFLUENT PUMP STATION.

INSTALL NEW FLAPPER‑EQUIPPED SUCTION HEADS, GASKET KITS, AND

STAINLESS‑STEEL HARDWARE, FOLLOWED BY TESTING AND COMMISSIONING.

PROSPECTIVES BIDDER ARE TO FILL THE FOLLOWING BLANK FORMS AND SUBMIT

THER BID.

In connection with this RFB, interested Bidders should limit their contact to the City of Weslaco by communicating only with Homer Rhodes, at (956) 447-2240 regarding this RFB. Contact with persons other than Mr. Rhodes regarding this RFB may be grounds for eliminations from the selection process.

MINIMUM SPECIFICATIONS:

Bid MUST give full firm name and address of respondent and be manually signed. Failure to do so will disqualify your Bid. Person signing Bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information.

1. Bid CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by a bidder guaranteeing authenticity. No Bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Weslaco.

2. For the City to meet its needs, it is understood that during the period of the contract, should the successful bidder be unable to complete the work on RFB No: 2025-26-42, the City reserves the right to obtain the services from available sources.

3. Bids shall be analyzed on a total dollar value and what is considered the best value and most advantageous to the City (as allowed in Local Government Code 252.043). It shall be the legal obligation of the bidder during the term of the contract; to notify the Purchasing Office of any price decrease in the market and accordingly, reduced prices will be in effect with appropriate documentation as described above.

4. The bidder agrees to indemnify and hold harmless the City of Weslaco from all suits and actions of every nature and description brought against, for or on account of the use of patented appliances, products or processes. Awarded bidder/vendor shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request from Purchasing Office, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

5. Bidder shall carefully examine the Bid forms, requirements/specifications, and instructions to bidders. Should the bidder find discrepancies in, or omissions from Bid forms, specifications or other documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Purchasing Office, Weslaco City Hall, 956.447.2240 and obtain clarification by addendum prior to submitting any Bids. Request for Information (RFI) deadline is July 15, 2026, at 5:00 p.m.

6. Addenda and Interpretations:

No Interpretations of the meaning of the specifications or other pre-bid documents will be made orally to any bidder. RFl's must be submitted through BIDNET portal and to be given consideration must be received at least three (3) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instruction will be in the form of written addenda for specifications which, if issued, will be posted on the City of Weslaco web page address:

https://www.bidnetdirect.com/texas/cityofweslaco not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

7. The City of Weslaco reserves the right to refuse and reject any or alI bids and to waive any or alI informalities or technicalities and to accept the bid to be the best value and most advantageous (as allowed in Local Government Code 252.043) to the City and to hold the Bids for a period of sixty (60) days without taking action. Bids submitted past the aforementioned date and time will not be accepted.

http://www.bidnetdirect.com/texas/cityofweslaco

CITY OF WESLACO

INFLUENT PUMP STATION – SUCTION HEAD

RFB NO.: 2025-26-42

BID AGREEMENT FORM

The (bidder), having read the specifications, proposes to perform sanitary sewer improvement services for RFB No.: 2025-26-42 for the full and firm agreed price and within a favorable delivery time, in full compliance with the specifications.

Respectfully submitted this day of of 2026.

The undersigned affirms that they are duly authorized to execute this price agreement / contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid.

Company Name:

Address:

City/State/Zip

Phone Number: Fax Number:

Authorized Signature:

Print Name:

Title:

Email:

Total Price: $

SCOPE OF WORK

CITY OF WESLACO

INFLUENT PUMP STATION – SUCTION HEAD

REPLACEMENT

RFB No: 2025-26-42

Name and Address of OWNER: Name and Address of BIDDER:

City of Weslaco 255 S. Kansas Ave.

Weslaco, Texas 78596

SCOPE OF WORK & REQUIREMENTS:

1. Remove and replace all five existing Gorman‑Rupp suction heads by isolating each pump, disconnecting current assemblies, removing old hardware and gaskets, and preparing all flange surfaces for installation of new components.

2. Install new suction heads complete with flapper assemblies, ensuring proper alignment, secure bolt‑up, and verification that flappers move and seal correctly for reliable suction performance.

3. Remove and replace each 10‑inch ductile iron spool piece on a flange‑by‑flange basis, making sure each new section fits correctly and maintains proper alignment with adjacent piping.

4. Remove and replace all 10‑inch ductile iron 90‑degree elbows, ensuring correct orientation, proper seating at each flange, and accurate positioning within the suction line.

5. Remove and replace the 10‑inch ductile iron flange‑by‑open suction pipe sections, including inspection of mating surfaces and installation of new sections that restore full suction pathway integrity.

6. Supply and install new gasket kits at every flanged connection, following proper gasket seating practices to ensure long‑term sealing and leak prevention across the entire suction assembly.

7. Install stainless steel nuts and bolts at all flange points and torque them to manufacturer‑recommended values so that gasket compression is uniform and corrosion resistance is maintained.

8. Coordinate all pump isolation, LOTO procedures, staging, re‑energizing, and operational steps with City of Weslaco staff and their agents to ensure safe work execution and minimize system downtime.

9. Conduct visual inspections, leak checks under operating pressure, functional testing of suction heads and flappers, correct any deficiencies found, remove debris and old components, and provide all required documentation and as‑built notes upon completion.

BID PROPOSAL

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Weslaco in the form included in the Contract Documents to perform and furnish all Work as specified or as indicated

2. BIDDER accepts all the terms and conditions of the Advertisement or

Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance. for sixty days (60 days) after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of the City's Notice of Award.

3. In submitting this Bid, BIDDER represents. as more fully set forth in the Agreement, that:

A, BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number

B. BIDDER has familiarized itself with the nature and extent of the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work.

C. BIDDER has studied carefully all drawings and physical conditions and accepts the extent of the technical data contained in such drawings, D. BIDDER has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City ais acceptable to the BIDDER.

E. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation;

BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over Bidder.

A. BIDDER will complete the work in accordance with the Contract

Documents and the following price schedule.

BASE BID – UNIT PRICE ITEMS

BIDDERS ARE STRONGLY RECOMMENDED TO VISIT THE PROJECT.

CONTACT LUCIO GARZA 956-376-0809 TO COORDINATE A SITE VISIT.

Bidder agrees to perform all work described in the scope of work shown on the plans for the following unit prices:

ITEM

NO. ITEM DESCRIPTION UNIT QTY TOTAL

1 Gorman-Rupp Suction Heads EA 5

2 10” DI Spool (Flange x Flange) EA 5

3 10” DI 90-Degree Elbow (Flange x Flange)

EA 5

4 10” DI Flange x Open Suction Pipe

EA 5

5 Gasket Kits LS 1

6 Stainless Steel Nuts and Bolts LS 1

7 Rigging and Lifting Equipment LS 1

8 Hand and power Tools LS 1

9 Mobilization and Demobilization LS 1

CHECK BOX IF CONTRACTOR WAS PRESENT AT SITE VISIT(S)

TOTAL UNIT PRICE BASE BID AMOUNT $____________________________

(Total Base Bid (In Words)

(AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY,

THE AMOUNT SHOWN IN WORDS WILL GOVERN)

BIDDER agrees that all work will be substantially completed within 30 calendar days from the date when the Contract Time commences to run as in Conditions and completed and ready for final payment in 45 calendar days. Any failure of the CONTRACTOR to complete the project within the contract time will be considered a material breach of this contract.

In the event of the award of a Contract to the undersigned, the undersigned will furnish a performance and payment bond for the full amount of the Contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The proposed work to be done shall be accepted when fully completed and finished in accordance with the Plans and Specifications to the satisfaction of the City of Weslaco.

The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and are submitted as correct and final.

Unit and lump sum prices must be shown in words and figures for each item listed in the Proposal, and in the event of discrepancy, the words shall control.

Should bid prices on any items be omitted, the right is reserved to apply the lowest prices submitted by other bidders for the omitted items in payment for work done under this proposal. In the event of discrepancies, the Owner reserves the right to accept or reject informalities.

DATE: Respectfully submitted, BY:

Name of Bidding Contractor

(Signature)

(Type or Print Name)

(Title)

(Address)

(Phone Number)

(E-mail Address)

SECTION 00300

BID PROPOSAL FORM

PROJECT IDENTIFICATION:

INFLUENT PUMP STATION – SUCTION HEAD REPLACEMENT

Name and Address of OWNER: Name and Address of BIDDER:

255 S. Kansas Ave.

Weslaco, Texas 78596

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or

Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days (60 days) after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER's Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

A. BIDDER has familiarized itself with the nature and extent of the

Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

B. BIDDER has carefully studied all reports and drawings of existing conditions and drawings of proposed conditions and accepts the extent of the technical data contained in such reports and drawings.

C. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in "C." above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

D. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities.

E. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

F. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.

G. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. Bidder will complete the work in accordance with the Contract Documents and the following price schedule.

BIDDER agrees that all Work will be substantially completed within 60 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and as revised in Supplementary Conditions, and completed and ready for final payment in 75 calendar days. Any failure of the CONTRACTOR to complete the project within the contract period will be considered a material breach of this contract.

BIDDER accepts the provisions of the Supplementary Conditions and the Agreement as to liquidated damages in the event of failure to complete the Work on time.

In the event of the award of a Contract to the undersigned, the undersigned will furnish a performance and payment bond for the full amount of the Contract, to secure proper compliance with the terms and provisions of the Contract, to insure and guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the Contract.

The proposed work to be done shall be accepted when fully completed and finished in accordance with the Plans and Specifications to the satisfaction of the Engineer.

The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and are submitted as correct and final.

Unit and lump sum prices must be shown in words and in figures for each item listed in the Proposal, and in the event of discrepancy, the words shall control. Should bid prices on any items be omitted, the right is reserved to apply the lowest prices submitted by other bidders for the omitted items in payment for work done under this Proposal. In the event of discrepancies, the Owner reserves the right to accept or reject informalities.

DATE: Respectfully Submitted, BY:

(Name of Bidding Contractor)

(Signature)

(Type or Print Name)

(Title)

(Address)

(Phone Number)

(E-mail Address)

16 1

CONTRACT REQUIREMENT

SECTION 00500

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A

STIPULATED PRICE

THIS AGREEMENT is dated as of the day of in the year

2026 by and between the CITY OF WESLACO, (hereinafter called OWNER) and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The work is generally described as follows:

INFLUENT PUMP STATION – SUCTION HEAD REPLACEMENT

RFB NO. 2025-26-42

The work under this contract shall be for furnishing all labor, materials, transportation and services for the maintenance and rehabilitation of the following work:

INFLUENT PUMP STATION – SUCTION HEAD REPLACEMENT

ARTICLE 2. ENGINEER.

For this contract, ENGINEER shall mean ENGINEER who assumes all duties and responsibilities and has the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

OWNER REPRESENTATIVE may include Owner's staff assigned to the project or Engineer staff assigned to the project and acting on behalf of the OWNER.

ARTICLE 3. CONTRACT TIME.

3.1 The Work will be substantially completed within 60 calendar days after the date when the

Contract Time commences as provided in Paragraph 2.03 of the General Conditions, and as revised in Supplementary Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 75 calendar days from the date when the Contract Time commences. Any failure of the CONTRACTOR to complete the project within the contract time will be a material breach of this contract.

OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above and herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.

Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the OWNER the sum of FIVE HUNDRED DOLLARS ($500.00) for each Calendar Day passed the scheduled substantial completion date until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the sum of TWO HUNDRED AND FIFTY DOLLARS ($250.00) for each Calendar Day passed the scheduled final completion date as specified in the Agreement for completion and readiness for final payment.

ARTICLE 4. CONTRACT PRICE.

4.1 This contract is contingent on funds to be provided by the OWNER shall pay

CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds, per the attached Bid Form Section 00300.

ARTICLE 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be reviewed by ENGINEER/OWNER and processed by the OWNER as provided in the General Conditions.

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract

Price on the basis of CONTRACTOR's Applications for Payment as reviewed by ENGINEER/OWNER, recommended by ENGINEER and approved by the OWNER for Work which is completed in accordance with the terms and conditions of the Contract Documents. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed and accepted) or, in the event there is no schedule of values, as provided in the General Requirements.

Contractor must submit Cash Flow Projections with the preliminary construction schedule and update the cash flow projections every month. The Cash Flow Projection spreadsheet must accompany the Application for Payment and must cover each month remaining in the construction period.

Prior to Substantial Completion, progress payments will be made in an amount equal to the percentages indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER/OWNER shall determine, or OWNER approval may withhold, in accordance with Paragraph 14.02 of the General Conditions. Ninety-five percent of Work completed (ninety percent for contracts under $400,000.00), including 95 percent of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER and/or ENGINEER as provided in Paragraph 14.02 of the General Conditions) is required before application for Final Payment. A 5% retainage shall be deducted from the total earned of each progress payment except for the final payment. An additional 5% retainage will be deducted from each progress payment which will be held in an interest-bearing account and will be returned to Contractor upon acceptance of Project.

5.2 Final Payment. Upon final completion and acceptance of the Work by RESOLUTION OF OWNER'S BOARD in accordance with Paragraph 14.07 of the General Conditions, OWNER, shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.

ARTICLE 6. CONTRACTOR'S REPRESENTATIONS.

To induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

6.2 CONTRACTOR has carefully studied all reports of explorations and plans of existing conditions and drawings of physical conditions which are included herein.

6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions. CONTRACTOR understands that the correctness of such information is not guaranteed by the ENGINEER or OWNER and CONTRACTOR understands that the conditions encountered in performing the work may be different from the approximations shown.

6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the location of said Underground Facilities as determined by his own field investigations. CONTRACTOR understands that the ENGINEER or the OWNER does not guarantee the correctness of such information, and CONTRACTOR understands that the conditions encountered in performing the work may be different from the approximations shown.

6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

6.6 CONTRACTOR has given ENGINEER/OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER/OWNER is acceptable to CONTRACTOR.

ARTICLE 7. CONTRACT DOCUMENTS.

The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following:

7.1 CONTRACTOR's Bid (Section 00300)

7.2 This Agreement (Section 00500).

7.3 Not used.

7.4 Notice of Award.

7.5 Addenda numbers to inclusive (attached to this Agreement.)

7.6 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages N/A to N/A, inclusive).

7.7 The Instructions to Bidders, Information Available to Bidders, Bid Form and Bid Security, as well as any supplements to the Bid Form.

7.8 The following which may be delivered or issued after the Effective Date of the

Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions.

7.9 The documents listed in Paragraphs 7.1 et. seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph

3.04 of the General Conditions.

ARTICLE 8. MISCELLANEOUS.

8.1 Terms used in this Agreement which are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

8.2 No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.3 OWNER and CONTRACTOR each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

ARTICLE 9. OTHER PROVISIONS.

9.1 Should any dispute arise under this Contract, which culminates in litigation, venue of that suit shall be in a court of competent jurisdiction sitting in Hidalgo County, Texas.

The court shall apply the laws of the State of Texas in construing and interpreting the terms of this Contract and the Contract Documents.

9.2 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, unenforceability shall not affect any other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been included.

9.3 The captions or headings of paragraphs in this Contract are inserted for convenience only and shall not be considered in constraining the provisions hereof if any question of intent should arise.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, AND ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on

CITY OF WESLACO (CONTRACTOR)

Adrian Gonzalez Mayor

Attest

Address for giving notices

255 S. Kansas Ave.

Attest

Address for giving notices:

Weslaco, Texas 78596

Date Signed Date Signed

Federal Tax I.D. No.

Agent for service of process:

INSTRUCTIONS FOR EXECUTING CONTRACT

If the CONTRACTOR is a corporation, the following certificate should be executed:

, certify that I am the corporation named as CONRACTOR hereinabove; that who signed the foregoing Contract on behalf of the CONTRACTOR was then of said Corporation; that said Contract was duly signed for and in behalf of said Corporation by authority of scope of its corporate powers. its governing body and is within the

Corporate Seal (MANDATORY)

If the secretary of the corporation signs the Contract, the above certificate should be executed by some other officer of the corporation under the corporate seal. In lieu of the foregoing certificate, there may be attached to the Contract copies of so much of the records of the corporation as will show the official character and authority of the officers signing, duly certified by the Secretary or Assistant Secretary under the corporate seal to be true copies.

The full name and business address of the CONTRACTOR should be inserted, and the Contract shall be signed with his official signature. Please have the name of the signing party or parties typewritten or printed under all signatures to the Contract.

If the CONTRACTOR should be operating as a partnership, each partner should sign the Contract. If each partner does not sign the Contract, there should be attached to the Contract a duly authenticated Power of Attorney, evidencing the signer's (signers') authority to sign such Contract for and on behalf of the partnership.

If the CONTRACTOR is an individual, the trade name (if the CONTRACTOR is operating under a trade name) should be indicated in the Contract and such individual should sign the Contract.

If signed by one other than the CONTRACTOR, there should be attached to the Contract a duly authenticated Power of Attorney evidencing the signer's authority to execute such Contract for and on behalf of the CONTRACTOR.

PERFORMANCE BOND AND

PAYMENT BOND

PLANS AND SPECIFICATIONS