PROJECT MANUAL

LYNCHBURG PUMP STATION

FABRICATE & DELIVERY OF

TRASH SCREENS

COASTAL WATER AUTHORITY

PROJECT NUMBER – 2026-LPS-207

Issued for Bid

September 2026

Prepared By:

Coastal Water Authority

1801 Main Street, Suite 800

Houston, Texas, 77002

(713) 800-5264

2026-LPS-207 ........................................................................................... TABLE OF CONTENTS

8/25/2026 00010 Page 1 of 1

SECTION 00010

TABLE OF CONTENTS

Doc. No. Document Title

INTRODUCTORY INFORMATION

00001 Project Title Page

00010 Table of Contents

BIDDING REQUIREMENTS

INSTRUCTIONS TO BIDDERS

00100 Invitation to Bid

00200 Instructions to Bidders

INFORMATION AVAILABLE TO BIDDERS

00303 Existing Conditions

BID FORMS AND SUPPLEMENTS

00410 Official Bid Form

00430 Bid Bond

POST-BID PROCEDURES

00495 Post Bid Procedures

CONTRACTING REQUIREMENTS

AGREEMENT

00520 Agreement

GENERAL CONDITIONS

00701 General Terms and Conditions for Service Contracts

SPECIFICATIONS

DIVISION 9 – FINISHES

09901 Protective Coating

Coastal Water Authority 2026-LPS-207

Invitation to Bid 00100 Page 1 of 2

COASTAL WATER AUTHORITY

INVITATION TO BID

The Coastal Water Authority (herein also referred to as “CWA” or the “Authority”) invites qualified contractors or parties (each “Bidder” or collectively “Bidders”) to bid on:

P207 TRASH SCREEN REPLACEMENT

Bid Method:

Sealed bids will be received in duplicate by the Coastal Water Authority at 1801 Main Street, Suite 800, Houston, TX 77002, until 10:00 AM local time, Thursday, October 1, 2026, which will be the Bid Opening time.

Bid Opening:

Bids will be opened in public by the Executive Director of the Coastal Water Authority, or his designated representative, at the time, date and place stated above (the “Bid Opening”). Bidders, interested parties, and the general public are allowed but not required to attend the Bid Opening.

At the Bid Opening, the Bidder’s name and amount of each bid will be read aloud and recorded.

No decisions relating to the award of the Contract will be made at the Bid Opening.

The Authority reserves the right to reject in whole or in part any or all bids, or to accept any bid, in whole or in part, or any combination of bids it deems most advantageous to the Authority and that will, in the judgment of the Authority, result in the best and most economical completion of the Authority’s work. The Authority also reserves the right to waive any technicalities or formalities in bids or the Bid Documents in the best interest of the Authority.

Official Bid Form:

To be considered for award please submit two (2) copies (one (1) original and one (1) photocopy) of all pages comprising the Official Bid Form, which is attached hereto, including the signature page. The signature page must be signed by a company official authorized to bind the company.

If awarded the Contract, such signature will bind Bidder to the Contract, without any further action by Bidder. Bidder must also provide two (2) copies of any other information submitted, including without limitation, technical literature and brochures.

Notwithstanding anything to the contrary herein, submission or attachment of Bidder’s “quotation forms” or the like, containing alternative terms and/or conditions, may result in the bid being deemed non-responsive.

Submission of bids containing equipment not detailed in the Technical Specifications shall result in the bid being deemed non-responsive.

Invitation to Bid 00100 Page 2 of 2

Contact:

Should you have any questions or comments regarding the Bid Documents or desire to make a site visit, contact:

Jonathon Jung

1801 Main St., Suite 800

Houston, Texas 77002

(832) 571-7045 jjung@coastalwaterauthority.org

Any revisions to be incorporated into the Bid Documents arising before, during, or subsequent to the pre-bid conference will be confirmed in writing, by addendum, prior to the Bid Opening. No verbal responses or statements will alter any specifications, terms or conditions stated herein.

Bid Documents:

The Bid Documents are comprised of:

1. Introductory Information

00001 Project Title Page

00010 Table of Contents

2. Bidding Requirements 00100 Invitation to Bid

00200 Instructions to Bidders

00220 Request for Information during bidding

00303 Existing Conditions

00410 Official Bid Form

00430 Bid Bond

00454 Affidavit of Non-Interest

00455 Affidavit of Ownership or Control

00457 Conflict of Interest

00495 Post Bid Procedures

3. Contracting Requirements 00520 Agreement

00604 History of OSHA Actions

00620 Affidavit of Insurance

00646 Payment Notifications

00701 General Terms and Conditions for Service Contracts

00800 Supplementary Conditions

00910 Notice of Addendum

00931 Request for Information

4. Specifications 09901 Technical Specifications

End of Document mailto:wshappee@coastalwaterauthority.org

Instructions to Bidders 00200 Page 1 of 3

Instructions to Bidders

1.0 GENERAL, BIDDING and AWARD:

1.1 Competitive Bidding. It is the intent of the Coastal Water Authority (herein also referred to as “CWA” or the “Authority”), through a competitive bidding process, to solicit a bid(s)that will, in the Authority’s judgment, be most advantageous to the Authority and will result in the best and most economical completion of the Authority’s work, such bid coming from a responsible Bidder. All equipment and/or materials shall be new unless otherwise specified. Prospective Bidders are advised that the specifications within these

Bid Documents (as defined in Section 4.0) are not to be considered restricted to any referenced manufacturer. Each Bidder, by making a bid, represents that the Bidder has read and understood the Bid Documents and has bid in accordance therewith.

1.2 Bid Opening. Bids will be opened in public by the Executive Director of the Authority, or his designated representative, at the stated time, date and place specified in the Invitation to Bid. The sealed bid envelope must be marked as “2026-LPS-207” Bidders, interested parties, and the general public are allowed but not required to attend the Bid Opening. At the Bid Opening, the Bidder’s name and amount of each bid will be read aloud and recorded. No decisions relating to the award of the Contract will be made at the Bid

Opening.

1.3 Award. The Authority may accept a bid offer by issuance of a Notice of Award any time on or before the 90th day following the day of the Bid Opening. Each Bid Package (as defined in Section 1.1) shall for 90 days after Bid Opening constitute an irrevocable offer by Bidder, but such period may be extended by written agreement of the Authority and

Bidder.

1.4 Qualifications. In addition to more specific requirements that may be stated in the

(Technical Specifications) the successful Bidder shall present satisfactory evidence, if requested by the Authority, that Bidder has regularly engaged in the manufacture, selling, or furnishing of supplies, equipment and/or services as proposed in the Bid Documents and has the capital, labor, equipment, and material to deliver the articles or equipment and/or to execute the Work (as defined in 1.1 of the General Terms and Conditions). The

Authority may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work. The Bidder shall provide the Authority all such information, references, and data for this purpose as the Authority may request.

1.5 Right to Accept, Reject, and Waive Formalities. The Authority reserves the right to reject, in whole or in part, any or all bids, or to accept any bid, in whole or in part, or any combination of bids it deems most advantageous to the Authority and that will, in the judgment of the Authority, result in the best and most economical completion of the

Authority’s work. The Authority also reserves the right to waive any technicalities or formalities in bids or the Bid Documents in the best interest of the Authority.

Instructions to Bidders 00200 Page 2 of 3

1.6 Quoted Prices Firm. Any prices quoted shall remain firm throughout the Contract and shall not be subject to any increase (or supplemented on Bidder’s invoice(s) for payment).

1.7 Quantity Adjustments; Line Item Award. The Authority reserves the right to adjust the quantities listed on the Official Bid Form upward or downward, subject to the availability of funds, and/or make award by line item. Bidder accepts the risk that the Authority may adjust any such quantity or make award by line item and the Authority shall not be liable for any obligations that Bidder undertakes toward any third party based on Bidder’s expectation that the Authority will purchase any particular quantity. CWA reserves the right to increase quantities of goods or materials purchased during the Contract Period. The successful Bidder will honor the same bid unit price for such quantities.

1.8 Technical Literature. If the Bidder is bidding the exact item or service specified, technical literature is not required but may be provided with the Official Bid Form and any other materials submitted (collectively, the “Bid Package”). However, the Authority may request product literature, specification sheets, or particular submittals to assist in evaluating the bid.

If the Bidder does not bid the exact item or service but instead bids an “equivalent,” then along with the Official Bid Form, the Authority requires the submission of technical literature or specifications sheets. The burden of proof shall rest with the Bidder to prove that the proposed items(s) are equivalent to the performance, materials, processes, or items specified. Determination as to whether the item(s) bid is/are equivalent to those specified shall rest solely with the Authority. The Authority reserves the right to request additional literature or clarifications, as needed, after the Bid Package is submitted. Such literature or clarifications shall be submitted in duplicate. Failure of Bidder to submit the requested literature or clarifications within three (3) business days of the Authority’s request may be grounds for rejection of Bidder’s bid.

Upon delivery of the item or service, the successful Bidder will submit to CWA, owner’s manuals, parts manuals, etc. identified in the (Technical Specifications) and as otherwise required by the Bid Documents.

2.0 CONTRACT PERIOD:

2.1 The Contract Period for completion of the Work will be Sixty (60) calendar days from the commencement date specified in the Notice to Proceed issued by CWA.

3.0 TAXES:

3.1 The Authority is exempt from payment of Texas sales, excise, and use taxes under the

Texas Tax Code Section 151.309 and is a duly constituted political subdivision of the State of Texas. Unless the Official Bid Form or Instructions to Bidders specifically indicate otherwise, the Total Bid Amount must be exclusive of taxes and will be so construed.

Instructions to Bidders 00200 Page 3 of 3

4.0 BID DOCUMENTS:

4.1 The Bid Documents consist of: “Introductory Information,” “Bidding Requirements,”

“Contracting Requirements, “and “Technical Specifications.”

5.0 BONDS:

5.1 Bid Bond. Bidder shall submit to CWA either (a) a certified or cashier’s check drawn on a responsible bank in Texas equal to at least two percent (2%) of the Total Bid Amount, or (b) a bid bond of at least two percent (2%) of the Total Bid Amount and issued by a surety that is legally authorized to do business in Texas. Such bid security is a good faith deposit to ensure the execution of the Contract. If the successful Bidder fails or refuses to enter into a proper contract with CWA, or fails or refuses to furnish the required payment and performance bonds, the Bidder forfeits the bid security. BID SECURITY

DESCRIBED ABOVE MUST BE ATTACHED TO THE BID.

5.2 Payment Bond. If the Contract Price is in excess of $25,000, the Contract (as defined in

Section 1.2 of the General Terms and Conditions) at its inception shall be covered by a payment bond for 100% of the Contract Price (as defined in Section 8 of the General

Terms and Conditions). The payment bond must be furnished by Bidder as soon as practicable after the Notice of Award and/or Purchase Order is received by Bidder. The cost of such bond shall be borne by the Contractor and shall be prorated over all of the

Work. Such bond must be furnished on the form included with the Contract Documents.

No other form is acceptable. Such bond must remain in full force for one year after final acceptance of the completed Work.

5.3 Performance Bond. If the Contract Price is in excess of $100,000, the Contract at its inception shall be covered by a performance bond for 100% of the Contract Price. The performance bond must be furnished by Bidder as soon as practicable after the Notice of

Award and/or Purchase Order is received by Bidder. The cost of such bond shall be borne by the Contractor and shall be prorated over all of the Work. Such bond must be furnished on the form included with the Contract Documents. No other form is acceptable. Such bond must remain in full force for one year after final acceptance of the completed Work.

6.0 CONFLICT IN TERMS:

6.1 In the event of any conflict in or between any Bid Documents, the terms and provisions incorporated in the Technical Specifications and drawings (if any) shall control over the terms and provisions of the Instructions to Bidders and the General Terms and

Conditions; provided, however, to the maximum extent possible all terms and provisions of the Bid Documents shall be construed as supplementing, and not conflicting with each other.

End of Document

Official Bid Form 00410 Page 1 of 3

OFFICIAL BID FORM

FORMAL ONE-TIME BID

FABRICATION & DELIVERY

OF TRASH SCREENS

TO: Greg Olinger, P.E., Executive Director, Coastal Water Authority, 1801 Main Street, Suite 800, Houston, TX 77002

CONTRACT PERIOD: Sixty (60) calendar days from commencement date specified on

Notice to Proceed issued by CWA.

PRICE SHEET

Item Description of material and/or services Quantity Unit Unit Price Extended Price

1.

Provide materials, labor, equipment, tools, services, and all other work to

Furnish and deliver two (2) sets of trash screens to CWA Lynchburg Pump

Station in accordance with Section

09901 of the Bid Documents.

LOT

N/A

TOTAL BID AMOUNT

Bidder Company Name: ________________________________________________________

The undersigned (“Bidder”) hereby offers to furnish and deliver the goods and/or services as specified for the Total Bid Amount and upon the terms herein stated and in accordance with the

Invitation to Bid, Instructions to Bidders, Technical Specifications and General Terms &

Conditions, all of which are incorporated by reference and made a part of this offer.

Bidder certifies that it has submitted to CWA either (a) a certified or cashier’s check drawn on a responsible bank in Texas equal to at least two percent (2%) of the Total Bid Amount, or (b) a bid bond of at least two percent (2%) of the Total Bid Amount and issued by a surety that is legally authorized to do business in Texas and to issue such bond. Such bid security is a good faith deposit to ensure the execution of the contract.

Official Bid Form 00410 Page 2 of 3

Bidder understands that CWA may accept the bid offer by issuance of a Notice of Award or a

Purchase Order signed by CWA to the successful Bidder at any time on or before the ninetieth

(90th) day after the day of the Bid Opening. Bidder’s offer shall be irrevocable by Bidder for ninety (90) days after the Bid Opening, but this period may be extended by written agreement of

CWA and Bidder.

Bidder further understands that if CWA accepts the bid, upon issuance of Notice of Award or a

Purchase Order signed by CWA, this Contract will be binding upon Bidder without any further action on the part of Bidder.

Bidder certifies that the only person or parties interested in this proposal as principals are those named herein. Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action to restrain the competitiveness of the bidding for the award of the Contract.

[CONTINUED NEXT PAGE]

Official Bid Form 00410 Page 3 of 3

NOTE: BID MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE

BIDDER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE

CONTRACT IF AWARDED. BID SECURITY DESCRIBED ABOVE MUST BE ATTACHED

TO THE BID.

Respectfully Submitted:

Bidder: __________________________________

(Print or type name of Bidder-Full Company Name)

Employer Identification Number: _________

By: ________________________________

(Signature of Authorized Officer or Agent)

Name: ______________________________

Title: ______________________________

Date: ______________________________

Address (Street or P.O. Box)

City-State-Zip Code

City and State of principal place of business

(if different from above)

Telephone: (_____) ____________________

E-Mail: ______________________________

Bid Bond 00430 Page 1 of 1

SECTION 00430

BID BOND

THAT WE,

, as Principal (Bidder), and other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the Coastal Water Authority, a conservation and reclamation district, in the sum of

Dollars ($ ), an amount equal to two (2) percent of the Total Bid Price, including Cash Allowances and Alternates, if any, for the payment of which sum, well and truly to be made to the Coastal Water Authority and its successors, the Bidder and

Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Bidder has submitted on or about this day a proposal offering to perform the following:

(Project Name, Location, and Number) in accordance with the Drawings, Specifications, and terms and conditions related thereto to which reference is hereby made.

NOW, THEREFORE, if the Bidders offer as stated in the Document 00410 – Bid Form is accepted by the

Coastal Water Authority, and the Bidder executes and returns to the Coastal Water Authority Document 00520 –

Agreement, required by the Coastal Water Authority, on the forms prepared by the Coastal Water Authority, for the

Work and also executes and returns the same number of the Performance and Payment Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of

Texas, and having an underwriting limitation in at least the amount of the bond) and other submittals as required by

Document 00495 – Post Bid Procedures, in connection with the Work, within the Contract Time, then this obligation shall become null and void; otherwise it is to remain in full force and effect.

If Bidder is unable to or fails to perform the obligations undertaken herein, the undersigned Bidder and

Surety shall be liable to the Coastal Water Authority for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by Coastal Water Authority on account of the failure of such Bidder to perform such obligations, the actual amount of such damages being difficult to ascertain.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed in the Contract Documents, or at such other address as the receiving Party may hereafter prescribe by written notice to the sending Party.

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

ATTEST, SEAL: (if corporation)

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

By: By:

Name: Name:

Title: Title:

Date:

ATTEST/SURETY WITNESS: (SEAL)

(Full Name of Surety)

(Address of Surety for Notice)

(Telephone Number of Surety)

By: By:

Name: Name:

Title: Title:

Date: Date:

Post Bid Procedures 00495 Page 1 of 2

SECTION 00495

POST BID PROCEDURES

1.0 DOCUMENT ADDRESSES

A. Notice of Intent to Award

B. Requirements of Bidder

C. Failure of Bidder to comply with requirements

D. Notice to Proceed

2.0 NOTICE OF INTENT TO AWARD

A. Coastal Water Authority will provide written Notice of Intent to Award to the

Successful Bidder which will be the most advantageous and result in the best and most economical completion of the Coastal Water Authority work.

3.0 REQUIREMENTS OF BIDDER

A. Within 10 days of receipt of Notice of Intent to Award, Successful Bidder shall execute and deliver to Jonathon Jung, Contracts Manager for the CWA’s approval, documents indicated by an "X" below:

[ X ] Document 00520 - Agreement

[ X ] Performance Bond

[ X ] Payment Bond

[ X ] Document 00604 – History of OSHA Actions and List of On-the-Job Injuries

[ X ] Document 00620 - Affidavit of Insurance (with Certificate of Insurance attached)

[ X ] Health and Safety Plan

[ X ] Form 1295 Certificate of Insurance

E. On Bidder's written request, Jonathon Jung, Contracts Manager, may grant an extension of time, not to exceed 5 days, to furnish documents specified in Paragraph 3.

If Bidder is required to resubmit documents specified in Paragraph 3, Bidder shall do so within time limits provided in the request for resubmission.

4.0 FAILURE OF BIDDER TO COMPLY WITH REQUIREMENTS

A. Should Bidder, on receipt of Notice of Intent to Award, fail to comply with requirements of this Document 00495 within stated time, the Coastal Water Authority may declare award in default and require forfeiture of the Security Deposit.

B. After Coastal Water Authority’s written notice of default to Low Bidder, Coastal

Water Authority may award the Contract to Bidder whose offer is the next lowest bid, Post Bid Procedures 00495 Page 2 of 2 and Security Deposit of Bidder in default shall be forfeited to Coastal Water Authority in accordance with provisions of Document 00200 - Instructions to Bidders.

5.0 NOTICE TO PROCEED

A. Upon Coastal Water Authority’s execution of the Agreement and delivery to

Contractor, Coastal Water Authority will give Notice to Proceed to Contractor, which establishes Date of Commencement of the Work.

END OF DOCUMENT

Agreement 00520 Page 1 of 4

SECTION 00520

AGREEMENT

AGREEMENT BETWEEN OWNER AND CONTRACTOR

This AGREEMENT is made and entered into as of the _____ day of _________________, 2026.

(the "Effective Date")

BETWEEN:

Coastal Water Authority

1801 Main St, Suite 800

Houston, Texas 77002

AND THE CONTRACTOR:

“TBD”

CWA and Contractor agree as follows:

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents are defined as set forth in the General Conditions. A partial list of

Contract Documents is provided in Article 7 of this Agreement.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work in strict accordance with the Contract Documents.

ARTICLE 3 DATE OF COMMENCEMENT AND FINAL COMPLETION

3.1 The date of commencement of the Work shall be established in the Notice to Proceed issued by CWA.

3.2 The Contract Time shall be measured from the date of commencement indicated in the

Notice to Proceed.

3.3 The Contractor shall complete the Work not later than Sixty (60) calendar days from the date of commencement, subject to adjustments of the Contract Time as provided in the

Contract Documents. Contractor must comply with the provisions of Section 2.7 of the

General Conditions to be eligible for an extension of the Contract Time.

3.4 Economic disincentives for this Contract are $250.00 per calendar day. Additional provisions regarding economic disincentives and/or liquidated damages are set forth in

Section 2.7 of the General Conditions.

Agreement 00520 Page 2 of 4

ARTICLE 4 BASIS FOR PAYMENT

4.1 Contractor shall be entitled to payment of _______________________($________.__) as the Contract Price for full and complete performance of the Work in strict accordance with the Contract Documents.

4.2 The Contract Price is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by CWA:

4.3 Unit prices as set forth in Bid of Contractor.

ARTICLE 5 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES

In order to induce Owner to enter into this Agreement, Contractor hereby expressly makes the representations and warranties contained in the first paragraph of Section 2.2 of the General Conditions.

ARTICLE 6 MISCELLANEOUS

6.1 Terms used in this Agreement and not defined herein shall have the meanings ascribed to such terms in the General Conditions.

6.2 CWA's representative is:

Mr. James Lewis (or his representative as appointed in writing)

Coastal Water Authority

1801 Main St., Suite 800

Houston, Texas 77002

Copy of all notices to CWA should be sent to:

Mr. Greg Olinger, P.E. Executive Director

Coastal Water Authority

1801 Main St., Suite 800

Houston, Texas 77002

6.3 The Contractor's representative is:

“TBD”

6.4. Neither CWA's nor the Contractor's representative shall be changed without ten (10) days' prior written notice to the other party.

6.5 Other provisions:

Agreement 00520 Page 3 of 4

ARTICLE 7 PARTIAL LIST OF CONTRACT DOCUMENTS

A partial list of the Contract Documents is provided below:

7.1 This Section 00520 — Agreement as executed by CWA and the Contractor and its exhibits attached hereto.

7.2 Section 00701 — General Conditions (and its exhibits) attached hereto and incorporated herein by reference.

7.3 Section 00800 – Supplementary Conditions, if any, which are attached hereto and incorporated herein by reference.

7.4 Section 09901 - Technical Specifications, as amended by any Addenda. Such

Specifications are incorporated herein by reference.

7.5 The Addenda. Descriptions of the Addenda by number, date and pages are provided below and each such addendum is incorporated herein by reference.

Number Date Pages

7.6 Those documents set forth below, each of which is incorporated herein by reference:

A. Advertisement for Bids and/or Invitation to Bidders

B. Instructions to Bidders

C. Bid of Contractor

D. Bid Questionnaire

E. Notice of Award

F. Notice to Proceed

7.7 Refer to the definition of Contract Documents in the General Conditions for the remainder of the documents that make up the Contract Documents.

ARTICLE 8 INSURANCE AND BONDS

Contractor shall he required to furnish insurance and bonds meeting the requirements of the Contract

Documents.

[Signature page follows]

Agreement 00520 Page 4 of 4

IN WITNESS WHEREOF this Agreement is executed by the duly authorized representatives of

Contractor and Owner as of the day and year first written above in at least three originals, of which one is to be delivered to the Contractor, one to CWA, and one to the Engineer.

Owner Contractor

Coastal Water Authority ___________________

Greg Olinger, P.E.

Executive Director

END OF DOCUMENT

1/9/2025 00701-1 Page 1 of 37

SECTION 00701

GENERAL TERMS AND CONDITIONS

FOR SERVICE CONTRACTS

TABLE OF CONTENTS

1. DEFINITION AND CONTRACT DOCUMENTS

1.1 DEFINED TERMS

1.2 INTENT OF DRAWINGS AND SPECIFICATIONS:

1.3 PRECEDENCE OF CONTRACT DOCUMENTS:

1.4 INTERPRETATION OF CONTRACT DOCUMENTS:

2. PROJECT INFORMATION AND SUBMITTALS:

2.1 EXAMINATION OF DRAWINGS, SPECIFICATIONS, CONDITIONS AND SITE OF

WORK:

2.2 CONTRACT FORMATION AND CONFLICTING TERMS:

2.3 STANDARD OF CARE:

2.4 SPECIFIC EQUIPMENT, OR EQUIVALENT:

2.5 DELIVERY/INSPECTION:

2.6 SHIPPING TERMS:

2.7 TIMELY PERFORMANCE & FORCE MAJEURE:

3. TERMINATION OF AGREEMENT:

3.1 TERMINATION BY CWA FOR CONVENIENCE:

3.2 TERMINATION BY CWA FOR CAUSE:

3.3 TERMINATION BY CONTRACTOR:

4. INDEMNIFICATION AND RELEASE BY CONTRACTOR:

5. INSURANCE:

5.1 PROOF OF INSURANCE BY CONTRACTOR AND MISCELLANEOUS INSURANCE

PROVISIONS:

6. INVOICING; LIENS:

7. PAYMENT:

8. PAYMENT AND PERFORMANCE BONDS:

9. TAXES:

10. REJECTIONS:

11. CHANGE ORDERS:

1/9/2025 00701-2 Page 2 of 37

12. SUCCESSORS & ASSIGNS:

13. PREVAILING WAGE RATES:

14. CONTRACT NOTICES:

15. SEVERABILITY:

16. SAFETY:

16.1 SITE HEALTH AND SAFETY COORDINATOR

16.2 HEALTH AND SAFETY PLAN

16.3 ACCIDENT REPORTING

17. SUBMITTALS

17.1 SUBMITTAL PROCEDURES:

17.2 SCHEDULING AND HANDLING:

17.3 TRANSMITTAL FORM AND NUMBERING:

17.4 CONTRACTOR’S STAMP:

17.5 FILE FORMATS

18. PLANNING OF WORK AND PROGRESS SCHEDULE

19. UPDATED PROGRESS SCHEDULE:

Exhibit A – Workers’ Compensation Insurance Coverage Exhibit B – Prevailing Wage Scale

Exhibit C – Statutory Payment Bond…………………………………………………………………..…..34

Exhibit D – Statutory Performance Bond..………………………………………………………………..36

1/9/2025 00701-3 Page 3 of 37

1. DEFINITION AND CONTRACT DOCUMENTS

1.1 DEFINED TERMS

a) Addenda:

Documents issued by CWA after the initial Bid Documents have been issued to Bidders and prior to the Bid Opening, which documents are part of the Bid Documents.

b) Applicable Law:

Any and all federal, state, municipal and local statutes, laws, rules, regulations, ordinances, codes and rules of common law pertaining to the Contractor’s services, the site, the Project, the

Contractor’s employees and Subcontractor’s employees and/or the Work, including, without limitation (i) Environmental Laws, (ii) those pertaining to equal opportunity, affirmative action and discrimination, and (iii) those pertaining to health or safety, including without limitation, the Occupational Safety and Health Act of 1970 (84 U.S. Statutes 1590) as amended and any applicable state programs, rules and regulations approved, promulgated or provided thereunder.

c) Bid:

The Contractor’s bid submitted in connection with the Work, as such bid may be modified and agreed to or ordered by CWA.

d) Bid Documents:

Those documents issued by CWA soliciting Bids, as applicable, including any Addenda and the documents submitted by the Contractor which comprises the Contractor’s Bid.

e) Bonds:

The performance and payment bonds that the Contractor is required to furnish to CWA pursuant to

Section 10.01, the forms of which are attached hereto as Exhibit C (payment bond) and Exhibit D

(performance bond).

f) Change Orders:

A modification of or change to the Contract Documents agreed to and executed by CWA and the

Contractor after Contract execution and in accordance with the Contract Documents for the purpose of revising, adding to, or deleting from the Work or adjusting the Contract Price or Contract Time.

g) City:

The City of Houston.

h) Concurrent Delay:

Delays caused in whole or in part, or contributed to by any primary, concurrent or contributorily negligent acts or omissions by the Contractor, its Subcontractors or Suppliers, or which arise from any other failures by the Contractor or its Subcontractors or Suppliers to perform their respective obligations in accordance with the Contract Documents. This limitation shall apply in determining whether a time extension shall be granted EVEN IF ANY INDEMNITEE OR ANY

OTHER PERSONS OR ENTITIES FOR WHOM ANY THEREOF ARE RESPONSIBLE ARE

CONCURRENTLY OR CONTRIBUTORILY NEGLIGENT WITH RESPECT TO ITS OR

THEIR OWN ACTS OR OMISSIONS.

1/9/2025 00701-4 Page 4 of 37

i) Contract Documents:

The Contract Documents consist of the Notice of Award and/or Purchase Order(s) signed by CWA, the Bid Documents (including documentation accompanying the bid and any post-bid documentation submitted and agreed to by CWA prior to commencement of Work), addenda (if any), the bid bond, the performance bond, the payment bond, insurance certificates, drawings (if any), and any Change Orders. The Contract Documents form the Contract. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract Documents shall not be construed to create any contractual relationship of any kind between CWA and any subcontractor or supplier or between any other persons or entities other than CWA and Contractor.

j) Contract Price:

The amount set forth in the Agreement, as such amount may be modified by Change Order, which the Contractor is entitled to receive for full and complete performance of the Work in accordance with the Contract Documents.

k) Contract Time:

The time periods set forth in the Agreement for the Contractor to substantially and finally complete the Work. The Contract Time may be expressed in number of calendar days or number of working days or by reference to the date of final completion. If the Contract Time is measured by calendar days, each and every calendar day shall be counted against the Contract

Time. If the Contract Time is measured by working days, Saturdays, Sundays, A.G.C. holidays and approved time extensions shall not be counted against the Contract Time.

l) Contractor:

Contractor means the independent contractor which is named in the Agreement and is responsible for the construction of the Work. The Contractor is an independent contractor and not an employee or agent of CWA.

m) CWA’s Representative:

CWA’s Representative means CWA’s representative named in the Agreement.

n) CWA Board or Board:

CWA is governed by a Board of Directors consisting of 7 members. Three members are appointed by the Governor of the State of Texas and four are appointed by the Mayor of the City of Houston.

o) Drawings:

The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, which Contract Documents may include, without limitation, elevations, sections, details, schedules or diagrams.

p) Equipment and or Materials:

The equipment and/or materials to be supplied by the Contractor, its Subcontractors and Suppliers and to be incorporated into or otherwise used in connection with the Work.

q) Force Majeure:

Fire, flood, act of God, earthquakes, epidemic, war, riot, civil disturbance, sabotage, terrorism or judicial restraint, but only to the extent such event (i) is beyond the control of and cannot be reasonably anticipated by or the effects alleviated by the Contractor and (ii) prevents the performance of the Work. Events not specifically listed herein shall not constitute events of Force

1/9/2025 00701-5 Page 5 of 37

Majeure. By way of example only, weather which is not abnormal, even if such weather could not be reasonably anticipated and even if such weather prevents the performance of the Work, shall not be an event of Force Majeure.

r) Indemnities:

Collectively, CWA and its directors, officers, agents, elected and appointed officials, representatives and employees, the City and its officers, agents, elected and appointed officials, representatives and employees, and the Engineer and its directors, officers, agents, representatives and employees.

s) Inspectors:

The individuals assigned (which individuals may be third party contractors or employees of the

Engineer) to make detailed inspections of any or all portions of the Work and materials or equipment involved in the Contract are the Inspectors. Inspectors have no authority to change any of the terms or conditions of the Contract. This authority is reserved for CWA alone, except to the limited extent of authority expressly granted to Engineer under the Contract Documents

t) Intellectual Property Rights:

Intellectual Property Rights means all of the following: (a) patents, patent applications (including patents issued thereon), including reissues, divisions, continuations, continuations in part, extensions and reexaminations thereof, all rights therein provided by international treaties or conventions, (b) trademarks, service marks, trade names, service names, trade dress, logos, monograms, domain names and other identifiers of source, including all goodwill associated therewith, and any and all common law rights, and registrations and applications for registration thereof, all rights therein provided by international treaties or conventions, and all reissues, extensions and renewals of any of the foregoing, (c) copyrightable works (including, but not limited to, software, object code and source code, and modifications), copyrights, moral rights, mask work rights, database rights and design rights, in each case, whether or not registered, and registrations and applications for registration thereof, and all rights therein provided by international treaties or conventions, (d) trade secrets and information, including but not limited to, technical data, techniques, processes, methods, specifications, communications protocols, test procedures, algorithms, know-how, customer lists, marketing and customer information, and documentation.

u) Insurance Certificates:

The insurance certificates that the Contractor is required to furnish to CWA pursuant to the Contract documents.

v) Modifications:

A Modification is (1) a written amendment to the Contract signed by both the Contractor and CWA,

(2) a Change Order.

w) Notice to Proceed:

A written notice signed by and given by CWA’s Representative to the Contractor fixing the date that the Contract Time will commence.

x) Purchase Order:

Purchase order means the documents issued by CWA to the contractor that incorporates all Bid

1/9/2025 00701-6 Page 6 of 37

y) Request for Information or RFI:

A written request from the Contractor to the Engineer requesting information in respect of or an interpretation of a requirement or provision of the Contract Documents. Neither an RFI nor a response to an RFI is a Contract Document.

z) Standard of Care:

The requirement that the Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention, in a good and workmanlike manner and in the best and most expeditious and economical manner consistent with the interests of CWA, shall exercise the degree of care, skill and diligence in the performance of the Work in accordance with and consistent with industry standards for similar circumstances, shall utilize its best skill, efforts and judgment in furthering the interests of CWA, and shall furnish efficient business administration and supervision.

aa) Submittals:

Shop Drawings, Product Data, Samples and other information provided by the Contractor for approval of proposed Equipment, Materials, means or methods. Submittals are not Contract

Documents.

bb) Substantial Completion:

Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that CWA can occupy or utilize the Work for its intended use and all required certificates of occupancy and approvals to occupy, by all entities, agencies and Governmental Authorities having jurisdiction over the Project and/or the operation and occupancy of the Project, have been given so that the Project may operate for its intended purpose.

cc) Supplier:

A person having a direct or indirect contract with the Contractor, at any tier, only for the supply of

Equipment or Materials forming part of the Work. No Supplier shall have any beneficial interest in or be a third-party beneficiary to any contract of CWA (including without limitation the Contract).

dd) Taxes:

All taxes, duties, fees or other charges levied or imposed by any country, state or any political subdivision thereof, including but not limited to income, capital, sales, excise and use taxes, customs duties, stamp duties, fees or charges, levies in respect of social welfare, health, workers’ compensation, pension, unemployment or other similar insurances or programs, whether imposed by withholdings or otherwise, and except as otherwise expressly provided in the Contract

Documents, whether existing at the date of this Contract or created and imposed at a later date.

ee) Work:

The construction and services required by and reasonably inferable from the Contract Documents, whether commenced or not, or completed or partially completed, and all labor, Materials, Equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations pursuant to the Contract Documents. The Work may constitute the whole or a part of the Project.

1.2 INTENT OF DRAWINGS AND SPECIFICATIONS:

The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. These General Conditions, in conjunction with the other Contract Documents, all

1/9/2025 00701-7 Page 7 of 37 of which constitute a part of this Contract, are each intended to be cooperative; a provision occurring in one is as binding as though occurring in all, and when read together are intended to describe and provide for a finished piece of work, complete in every detail. Work not expressly covered in the Contract

Documents will be required to the extent it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results consistent with the scope of Work as expressed in the

Contract Documents. The organization of the specifications into divisions, sections and articles and the arrangement of the Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Unless otherwise stated or defined in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings and shall be interpreted accordingly.

1.3 PRECEDENCE OF CONTRACT DOCUMENTS:

If there is an irreconcilable conflict between Contract Documents, the document highest in precedence shall control, except in such event and to avoid such conflict, every construction of provisions shall be that each is in aid to, or supplementary to or complementary of, each other provision, to control and secure for CWA the completion of the entire Work in an expeditious, orderly and coordinated manner.

The precedence, from highest to lowest, shall be in the following order:

a. Special Conditions;

b. General Conditions;

c. Specifications;

d. Drawings.

Change Orders and approved revisions to Drawings or other Contract Documents shall take precedence over Items 1 through 4 above. Detailed Drawings shall take precedence over general Drawings. Documents issued at a later date shall take precedence over earlier versions of the same document.

Should there be an irreconcilable conflict of terms within the Drawings or within the Specifications, the Contractor shall be obligated to provide the most expensive or greatest number combination of quality and quantity of Work indicated. The Engineer will clarify the Project requirements in the event of such a conflict that affects the Contractor. In general,

a. Figures take precedence over scale measurements;

b. Large scale details take precedence over smaller scale details;

c. Architectural Drawings take precedence in regard to dimensions, when in conflict with mechanical and structural Drawings, except for the size of the structural members;

d. Specifically, titles Drawings and sections of the Specifications take precedence over indication of the item in a collateral way;

e. Existing conditions take precedence over Drawings and Specifications reflecting dimensions thereof.

1/9/2025 00701-8 Page 8 of 37

1.4 INTERPRETATION OF CONTRACT DOCUMENTS:

In the event of any conflict, the terms and provisions incorporated in the Technical Specifications and drawings (if any) shall control over the terms and provisions of the Instructions to Bidders and the General Terms and Conditions; provided, however, to the maximum extent possible all terms and provisions of the Contract Documents shall be construed as supplementing, and not conflicting with each other.

The apparent silence of the specifications as to any detail or the apparent omission from them of a detailed description concerning any point shall be regarded as meaning that only the best commercial practice shall prevail and only materials and workmanship of the first quality are acceptable.

2. PROJECT INFORMATION AND SUBMITTALS:

2.1 EXAMINATION OF DRAWINGS, SPECIFICATIONS, CONDITIONS AND SITE OF

WORK:

a) Bid Quantities:

The quantities shown on the Drawings, Specifications and other Bid Documents are estimates and are for comparison of Bids only, and while such quantities are believed to be reasonably accurate, CWA does not guarantee their accuracy. The Contractor must make its own quantity take-off and base its price or prices on the results thereof. No Change Order shall be issued on account of any excess or deficiency with respect to such information whether absolute or relative in relation to quantities stated in the Drawings, Specifications or other Bid Documents.

b) Warranties:

Contractor hereby warrants materials, workmanship, and all other Work for a period of twelve (12) months, unless a longer period of warranty is prescribed in the Technical Specifications. The warranty period shall commence on the date of final completion of the Work. This date will be mutually agreed by CWA and Contractor. When extended warranties are available as standard, they shall be included in addition to the above warranty for the benefit of CWA. Any and all documents evidencing warranties shall be obtained by Contractor from a manufacturer or source supplier and submitted to CWA by the Contractor.

Any additional warranties, if required by CWA, will be listed in the Technical Specifications for each item.

With respect to any goods, materials, equipment, supplies, and parts furnished by Contractor, Contractor warrants:

• That all items are new and free of defects in title, design, material, and workmanship.

• That each item meets or exceeds the manufacturer’s specifications and requirements for the equipment structure, or other improvement in which the item is installed, and conforms in all respects to the terms of the Technical

Specifications and Purchase Order.

• That each replacement item is new, in accordance with the original equipment.

1/9/2025 00701-9 Page 9 of 37

• That no item or its use infringes any patent, copyright, or other right of intellectual property.

Contractor shall correct, without cost to CWA, any Work that fails to meet the above warranties if such failure occurs during the warranty period.

2.2 CONTRACT FORMATION AND CONFLICTING TERMS:

The Purchase Order, upon issuance by CWA, constitutes a binding contract between CWA and Contractor on the terms and conditions of the Purchase Order and these General Terms and Conditions. The Contract is hereby expressly limited to its terms and these General Terms and Conditions. Any additional, inconsistent, or conflicting terms proposed by Contractor are rejected unless expressly assented to in writing by CWA. If the Purchase Order is made in response to an offer or counteroffer by Contractor, CWA does not accept the Contractor’s offer or counteroffer unless Contractor assents to any and all terms in the

Purchase Order that are in addition to or different from the Contractor’s offer or counteroffer. No agreement or understanding to modify or rescind the Purchase Order or these General Terms and Conditions shall be binding upon CWA unless in writing and signed by CWA

In the event of any conflict, the terms and provisions incorporated in the Technical Specifications and drawings (if any) shall control over the terms and provisions of the Instructions to Bidders and the General

Terms and Conditions; provided, however, to the maximum extent possible all terms and provisions of the

Contract Documents shall be construed as supplementing, and not conflicting with each other.

The apparent silence of the specifications as to any detail or the apparent omission from them of a detailed description concerning any point shall be regarded as meaning that only the best commercial practice shall prevail and only materials and workmanship of the first quality are acceptable.

2.3 STANDARD OF CARE:

Contractor shall supervise, inspect and direct the Work, using the Contractor’s best skill and attention, in a good and workmanlike manner and in the best and most expeditious and economical manner consistent with the interests of CWA, shall exercise the degree of care, skill and diligence in the performance of the Work in accordance with and consistent with industry standards for similar circumstances, shall utilize its best skill, efforts and judgment in furthering the interests of

CWA, and shall furnish efficient business administration and supervision (the Contractor’s

“Standard of Care”).

2.4 SPECIFIC EQUIPMENT, OR EQUIVALENT:

All equipment and/or materials shall be new unless stated otherwise. Prospective bidders/contractors are advised that the specifications within the Bid Documents are not to be considered restricted to any referenced manufacturer. Each Bidder by making a bid represents that Bidder has read and understood the

Bid Documents, including without limitation those documents incorporated by reference, and has bid in accordance therewith.

1/9/2025 00701-10 Page 10 of 37

Brand Name or Trade Name: When a brand or trade name appears in the specifications, it is understood that product or equipment with the stated brand or trade name referred to, or its approved equal, shall be furnished. If, however, the Contractor proposes similar but not identical items, Contractor must furnish full particulars as to the exception. Unless excepted to and such exception is accepted by CWA in writing, Contractor shall provide the exact item specified and not an approved equal.

Wherever in the specifications any equipment or materials are specified by proprietary name and/or name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and shall be deemed to be followed by the words, “or equivalent,” if not so stated in the Technical Specifications.

The burden of proof shall rest with the Contractor to prove that the proposed items(s) are equivalent to the performance, materials, processes, or items specified. Determination as to whether the item(s) bid is/are equivalent to those specified shall rest solely with CWA.

2.5 DELIVERY/INSPECTION:

The contract materials or item(s) specified in the Contract Documents, shall be delivered FOB Destination, to the location(s) shown in the Technical Specifications or the Purchase Order(s) within the delivery time(s) stated in the Technical Specifications and/or the Purchase Order(s).

Documentation to be provided by Contractor at final completion or Substantial Completion of the Work per Purchase Order:

• Copy of purchase order(s) and original invoice(s).

• Warranty…