Project Manual.pdf

PROJECT MANUAL

FOR

0.100 MGD PACKAGE WASTEWATER TREATMENT

PLANT

FOR CITY OF IOLA

TWDB CWSRF NO. 10422

BLEYL NO. 12693

LOCATED IN

GRIMES COUNTY, TEXAS

Engineer:

Bleyl Engineering Firm No. 678 1722 Broadmoor Drive Suite 210 Bryan, Texas 77802

(979) 268-1125 Steve Duncan, P.E.

Senior Director

03/26/2026

Bleyl Engineering Table of Contents 00 01 10: Page 1 of 3

SECTION 00 01 10

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS (BLEYL)

00 01 01 Project Title Page 00 01 10 Table of Contents 00 41 43 Bid Form

PROCUREMENT AND CONTRACTING REQUIREMENTS (GLO)

1. Advertisement and Invitation for Bids

2. Instructions to Bidders for Construction

3. Construction Contract

4. General Conditions – Part 1 for Construction

5. Equal Opportunity Guidelines for Construction Contractors

6. Section 3 Plan

7. Statement of Bidder’s Qualifications

8. Conflict of Interest Questionnaire

9. Non-collusion Affidavit of Prime Bidder

10. Bid Bond

11. Certification of Bidder Regarding Civil Rights Laws and Regulations

12. Contractor’s Certification of Recovered Materials

13. Contractor’s Local Opportunity Plan

14. Instructions for Proposed Contracts Breakdown and Estimated Project Workforce

Breakdown

15. Certification for Business Concerns

16. Contractor Certification of Efforts to Fully Comply with Employment and Training

Provisions of Section 3

17. Certification Regarding Lobbying

18. Disclosure of Lobbying Activities and Instructions

19. Minority/Female Goals and Timetables

20. Federal Labor Standards Provisions

21. Title 29: Labor

22. Concerning Labor Standards and Prevailing Wage Requirements

23. Davis-Bacon Wage Decision

24. GLO Signage Requirements

25. Section 504 Certification

26. Child Support Statement for Negotiated Contracts and Grants

27. Payment Bond

28. Performance Bond

29. Contractor’s Liability Insurance

30. Additional Condition of Award

31. Certificate of Interested Parties

32. Code of Federal Regulations

33. New Hires Section 3 Monthly Compliance Report

34. Section 3 Economic Opportunity

35. Assurances for Construction Programs

36. General Affirmations

37. Attorney’s Review Certification

38. Contractor’s Final Payment Affidavit

Denotes documents to be submitted with a bid.

00 01 10: Page 2 of 3

PROCUREMENT AND CONTRACTING REQUIREMENTS (TWDB)

1. Supplemental Contract Conditions for CWSRF & DWSRF Equivalency Projects (TWDB-0550)

2. Site Certificate (ED-101)

3. Contractor’s Act of Assurance (ED-103)

4. Contractor’s Act of Assurance Resolution (ED-104)

5. Debarment/Suspension Certifications (SRF-404)

6. Affirmative Steps Solicitation Report (TWDB-0216)

7. DBE Prime Contractor Affirmative Steps Certification & Goals (TWDB-0217)

8. Participation Summary Project Information (TWDB-0373)

9. Monthly AIS Certificate (TWDB-1106-A)

10. AIS De Minimis Log (TWDB-1106-B)

11. Monthly Davis-Bacon Wage Rate Certificate of Compliance (DB-0154)

12. American Iron and Steel (AIS) Statement

Denotes documents to be submitted with a bid.

CONDITIONS AND TECHNICAL SPECIFICATIONS (BLEYL)

00 72 43 General Conditions 00 73 00 Supplementary Conditions 01 33 00 Submittal Procedures 01 33 23 Shop Drawings, Product Data & Samples 01 45 29 Testing Laboratory Services 01 55 13 Stabilized Construction Exit 01 57 13 Temporary Erosion and Sediment Control 01 57 33 TPDES Requirements 02 21 13 Site Survey 03 31 00 Concrete 03 93 60 Water Leakage Test for Concrete Structures 05 50 00 Metal Fabrication 05 50 10 Structural & Miscellaneous Steel 05 52 00 Metal Railings 05 53 00 Metal Gratings 05 57 20 Metal for Supports 13 24 25 Aluminum Basin Cover and Access Door 31 10 10 Earthwork 31 11 00 Clearing and Grubbing 31 23 16.13 Disposal of Surplus Excavation 31 50 10 Trench Safety Systems 31 50 40 Well Point Dewatering 32 11 43 Geogrid for Base or Embankment Reinforcement 32 31 13 Chain Link Fencing 32 92 13 Hydro-Mulch Seeding 33 05 16 Construction of Underground Utilities 33 31 00 Sanitary Sewer Facilities 33 31 15 Piping and Fitting for Wastewater Plants 33 31 19 Lift Station, Pumps, Controls, & Appurtenances 33 31 25 Valves for Wastewater Treatment Plants 33 31 31 Pipe Hangers, Supports, and Restraints 33 34 00 Sanitary Sewer Force Mains 33 49 13 Storm Sewer Facilities Electrical Specification (by others)

00 01 10: Page 3 of 3

ATTACHMENTS

A – TWDB Finding of No Significant Impact (FONSI)

B – Geotechnical Report

C – TxDOT Driveway Permit

D – TCEQ Variance Approval

E – Approved Vendors List

F – Environmental Conditions

OWNER:

Project Name:

Project No:

BIDDER:

1.0 OFFER

A.

B.

C.

Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________

Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________

Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________

Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________

D.

2.0 CONTRACT TIME

A.

[ ] Security Deposit (as defined in Document 00 21 13 – Instructions to BIDDERs)

If offer is accepted, CONTRACTOR shall achieve Date of Substantial Completion within three hundred [300 consecutive calendar days after Date of Commencement of the Work, subject to adjustments of Contract Time as provided in the Contract.

SECTION 00 41 43

BID FORM

Total Bid Price: Having examined the Project location and all matters referred to in Bid Documents for the Project, we, the undersigned, offer to enter into a Contract to perform the Work for the Total Bid Price shown on the signature page of this Document.

Period for Bid Acceptance: This offer is open to acceptance and is irrevocable for 60 days from Bid Date. The period for bid acceptance may be extended by mutual written agreement of the OWNER and BIDDER.

Addenda: All Addenda have been received. Modifications to Bid Documents have been considered and all related costs are included in the Total Bid Price.

TWDB CWSRF No. 10422/BE No. 12693

City of Iola

0.100 MGD Package Wastewater Treatment Plant

BIDDER acknowledges receipt of the following ADDENDA:

Bid Supplements: The following documents are attached:

[ ] Others as listed:

Bleyl Engineering

Bid Form

00 41 43: Page 1 of 3

3.0

B. BASE UNIT PRICE TABLE:

Item

No.

Unit

Quantity Total

1 1

2 1

3 1

4 98

5 100

6 1

7 1

8 70

Alternate Bid

Total Alternate Bid $__________________

ADD (DEDUCT) Fiberglass Package Lift Station in lieu of

Concrete Wet Well, Pumps, and other Appurtenances included with a Package Lift Station

(In addition to the Unit Price for Bid Item 3)

LS

Gravel Bedding for Trench Dewatering Systems

(Engineer's approval is required before performing work)

TON

ADD (DEDUCT) Use Polymer Concrete in lieu of

Conventional Concrete and Protective Coating System

(In addition to the Unit Price for Bid Item 3)

LS

Mobilization, bonds, and project overhead

TOTAL BID PRICE HAS BEEN CALCULATED BY BIDDER, USING THE FOLLOWING COMPONENT

PRICES AND PROCESS (PRINT OR TYPE NUMERICAL AMOUNTS):

Unit

Measure

LS

Item Description

0.100 MGD Package Wastewater Treatment System, all work

except for work covered by other bid items

LS

Total Base Bid $__________________

Lift Station Shoring and Trench Safety System

Base Bid

Unit Price

SF

Install and Maintain GLO Signage Board required for posting of notices for the duration of the project

LS

Trench Safety System for Gravity Sewer LF

Bleyl Engineering

00 41 43: Page 2 of 3

4.0

BIDDER:

(Print or type full name of proprietorship, partnership, corporation, or joint venture.*)

**By:

Signature Date

Name:

(Print or type name) Title

Address:

(Mailing)

(Street Address, if different)

Telephone: Fax:

END OF SECTION

SIGNATURES: By signing this Document, I agree that I have received and reviewed all Addenda and considered all costs associated with the Addenda in calculating the Total Bid Price.

BIDDER certifies that the only person or parties interested in this offer as principals are those named above. BIDDER has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding.

If Bid is a joint venture, add additional Bid Form signature sheets for each member of the joint venture.

Bleyl Engineering

00 41 43: Page 3 of 3

Advertisement and Invitation for Bids

The City of Iola will receive bids for a Package Wastewater Treatment Plant partially funded by the GLO (Contract No. 24- 065-165-F080) until 2:00 pm on Thursday, June 25, 2026, at 1722 Broadmoor Drive, Suite 210, Bryan, TX 77802. Bids must be addressed to: Christina Stover, Mayor. The bids will be publicly opened and read aloud at the date, time, and location described above.

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

1. 0.100 MGD Package Wastewater Treatment Plant and associated work

2. Lift Station

3. General Site Work

Bid/Contract Documents, including Drawings and Technical Specifications are on file at 1722 Broadmoor Drive, Suite 210, Bryan, TX 77802.

Copies of the Bid/Contract Documents may be obtained by depositing $200 with the engineer for each set of documents obtained. The deposit will be refunded if the documents and drawings are returned in good condition within 10 days following the bid opening.

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

The project to be constructed will be financed with assistance from the General Land Office (GLO) under the U.S.

Department of Housing and Urban Development Community Development Block Grant - Mitigation (CDBG-MIT) program and is subject to all applicable Federal and State laws and regulations. Attention is called to the fact that not less than, the federally determined prevailing Davis-Bacon and Related Acts wage rate, as issued by the Department of Labor and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Adherence to the City of Iola Section 3 Policy is required for all contracts.

All contractors and subcontractors must be cleared (not suspended or debarred) prior to any formal action authorizing the award of a contract to the contractor. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, Veteran-Owned Businesses, Section 3 Businesses, and labor surplus area firms are encouraged to submit bids.

The City of Iola reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by City of Iola for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder’s qualifications prior to the contract award.

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

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

Any contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS) requirements of federal law, including federal appropriation acts and/or Section 608 of the Federal Water Pollution Control Act.

This contract is subject to the Texas Water Development Board (TWDB) and the Environmental Protection Agency’s (EPA) State Revolving Fund (SRF) Procurement requirements, which includes and offers procurement opportunities to all businesses during solicitations. EPA rules require that applicants and prime contractors/consultants make a good faith effort to award a fair share of contracts, subcontracts, and procurements in a nondiscriminatory manner through demonstration of the six affirmative steps. For more details of the Program, please visit www.twdb.texas.gov/financial/programs/SRF/SRF_Procurement.

Equal Opportunity in Employment – All qualified Applicants will receive consideration for employment.

Affirmative Action requirements, requiring no discrimination on the basis of race, color, national origin, or sex (40 CRF Part 7).

Davis-Bacon prevailing wage requirements apply to the construction, alteration, or repair of treatment works carried out, in whole or in part, with assistance available by the Clean or Drinking Water State Revolving Fund Programs (CWSRF or DWSRF). For additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract, please consult TWDB Guidance No. DB-0156.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

The project to be constructed will be financed with assistance from the General Land Office (GLO) under the U.S.

Department of Housing and Urban Development Community Development Block Grant - Mitigation (CDBG-MIT) program and is subject to all applicable Federal and State laws and regulations. The (name of Grant Subrecipient) is the subrecipient of the grant funding and is hereby referred to as “City/County”.

1. Use of Separate Bid Forms

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

2. Interpretations or Addenda

No oral interpretations will be made to any bidder. Each request for clarification shall be made in writing to the City/County or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than seven

(7) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders.

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

The republished notice will include the place, time and date for the new bid opening and must be published at least seven days prior to the new bid opening date.

3. Inspection of Site

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

4. Alternate bid items

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

5. Bids

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

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

c. Bid documents, including but not limited to the bid, the bid bond(s), the contractor’s certifications, Certification of Bidder Regarding Civil Rights Laws and Regulations, Certification of Efforts to comply with Section 3, Local Opportunity Plan, Conflict of Interest Questionnaire, Non-collusion Affidavit of Prime Bidder, Certification Regarding Lobbying and Disclosure of Lobbying Activities, Proposed Contract Breakdown, Certificate of Recovered Materials, and the Statement of the Bidder’s Qualifications, shall be sealed in an envelope and clearly labeled with the words "Bid Documents”, the project’s contract number, name of bidder and the date and time of bid opening.

d. The City/County may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid.

e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents.

6. Bid Modifications Prior to Bid Opening

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

7. Bid Bond

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

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

8. Statement of Bidders Qualifications

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

9. Unit Price

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

10. Corrections:

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

11. Time for Receiving Bids

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

12. Opening of Bids

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

13. Withdrawal of Bids

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

14. Award of Contract/Rejection of Bids

a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The City/County reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest.

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

15. Execution of Agreement/Performance and Payment Bonds

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

b. Payment Bonds- Requires all prime contractors which enter into a formal contract with the State, a county, or a municipality; a department, board, or agency of the state, a county, or a municipality; and a school district or a subdivision thereof, to furnish to the governmental entity a payment bond in the amount of the contract. The payment bond must be filed within 30 days from the date of the Notice of Award:

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

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

c. The failure of the successful bidder to execute the agreement and supply the required bonds within thirty

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

16. Wages and Salaries

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

17. Equal Employment Opportunity

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

18. Certification Regarding Lobbying

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

19. System for Award Management (SAM)

All contractors and subcontractors must be searched on www.sam.gov and cleared (not suspended or debarred) prior to any formal action authorizing the award of a contract to the contractor.

20. Texas Water Development Board Requirements

Contingent Award of Contract

This contract is contingent upon release of funds from the Texas Water Development Board (TWDB). Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or loan with principal forgiveness from the TWDB and a grant from the United States Environmental Protection Agency (EPA). Neither the State of Texas, the EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract.

Disadvantaged Business Enterprise Goals The Texas Water Development Board’s (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funding from the U.S. EPA. As a condition of federal grant awards, U.S. EPA regulations require that funding recipients (municipalities, towns, public water authorities, nonprofit water supply corporations, etc.) and sub-recipients (prime consultants, prime contractors, and subcontractors) make a “good faith effort” to award a fair share of work to Disadvantaged Business Enterprises (DBE) who are Minority Business Enterprises (MBE), and Women-owned Business Enterprises (WBE) whenever procuring Construction and Non-Construction (supplies, services and equipment). More information on DBE requirements is available in Section III, Supplemental Contract Conditions section of this guidance No. 16. Disadvantaged Business Enterprises.

The most current fair share goals for the State of Texas are located on the TWDB website at www.twdb.texas.gov/financial/programs/DBE/index.asp and as follows:

Category MBE WBE

Construction 24.50% 11.34%

Non-Construction 24.05% 19.35%

Total Combined Construction and Non-Construction

24.16% 17.38%

Davis-Bacon Wage Rate Requirements Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean Water State Revolving Fund (CWSRF) or a construction project financed, in whole or in part, from the Drinking Water State Revolving Fund (DWSRF).

The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment works project under the CWSRF or a construction project under the DWSRF.

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

Any contracts in excess of $2,000 must include the provisions of the Davis-Bacon Wage Rate Requirements. See Section II, Paragraph 11, Option 1 (governmental entities) and Option 2 (non-governmental entities) for contract clauses required for Davis-Bacon requirements. This information is also included in TWDB Guidance DB-0156, as follows (Applicant = Owner (sub-recipient)):

• If the Owner (sub-recipient) is a governmental entity such as a city or district, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 1: Section 3, Section 4 (if the contract exceeds $100,000), and Section 5.

• If the Owner (sub-recipient) is a non-governmental entity such as a water supply corporation or a private company, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 2: Section 4 (if contract exceeds $100,000), and Section 5.

The Owner (sub-recipient) must ensure all prime contracts require the same full text in any subcontracts. See TWDB Guidance DB-0156 for the text of the contract language that must be included.

Additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract can be found in TWDB Guidance DB-0156.

American Iron and Steel

Any contract(s) awarded under this Invitation for Bids (under the 2022 IUP or earlier) is/are subject to the American Iron and Steel (AIS) requirements of 33 U.S.C §1388 for Clean Water State Revolving Fund projects or Public Law 114-113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Revolving Fund projects. The Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item No. 9. The statement of understanding must be signed by the Contractor.

Equal Employment Opportunity and Affirmative Action

All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability, or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors—Affirmative Action Requirements, which includes the President’s Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance.

Debarment and Suspension Certification

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

Bid Guarantee

Each bidder must furnish a bid guarantee equivalent to five percent (5%) of the bid price (Water Code 17.183). If a bid bond is provided, the Contractor must utilize a surety company that is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code.

Summary of Forms to be Submitted with the Bid Documents

• SRF-404, Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities.

• Disadvantaged Business Enterprise (DBE) Construction Contract Phase Forms

Form Prime

Contractor Submit Form To

TWDB-0216 *Required TWDB

TWDB-0217 Required TWDB

TWDB-0373 *Required TWDB

* Denotes the contractor shall only submit these forms prior to hiring a subcontractor.

CONSTRUCTION CONTRACT

THIS AGREEMENT made this the __________ day of ___________________, ______, by and between ____________________________ (a corporation organized and existing under the laws of the State of Texas) hereinafter called the “Contractor”, and City of Iola hereinafter called the “City/County.”

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

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project; namely, a 0.100 MGD Package Wastewater Treatment Plant and Lift Station for the Community Development Block Grant – Mitigation (CDBG- DR) project, all in strict accordance with the contract documents including all addenda thereto, numbered __________________, dated ___________ and _________, all as prepared by Bleyl Engineering acting and in these contract documents preparation, referred to as the “Engineer”.

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

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

a. This Agreement (pgs. 1-2) f. General Conditions, Part I

b. Addenda g. Special Conditions

c. Invitation for Bids h. Technical Specifications

d. Instructions to Bidders i. Drawings

e. Signed Copy of Bid j. [Add any applicable documents]

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

(300) consecutive calendar days thereafter. The date of completion of all WORK is therefore ________________________, This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

Texas Water Development Board Notes:

1. This project is subject to Standard and Special Environmental Conditions. These conditions can be found in Attachment F of the project manual.

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

(The Contractor)

By _________________________________________

Title _________________________________________

(City/County)

By _________________________________________

Title _________________________________________

Corporate Certifications

I, ______________________________, certify that I am the _________________ of the corporation named as Contractor herein; that ___________________________ who signed this Agreement on behalf of the Contractor, was then ___________________________ of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate ________________________________

Seal (Corporate Secretary)

GENERAL CONDITIONS - PART I

FOR CONSTRUCTION

1. Contract and Contract Documents

a. The project to be constructed pursuant to this contract will be financed with assistance from the General Land Office (GLO) through the Community Development Block Grant – Mitigation (CDBG-MIT) fund and is subject to all applicable Federal and State laws and regulations.

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

2. Definitions

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

(a) The term "Contract" means the Contract executed between the City of Iola, hereinafter called the “City/County” and _______________________________________________, hereinafter called “Contractor”, of which these GENERAL CONDITIONS, form a part.

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

(c) The term "Engineer" means (name of engineering firm), Engineer in charge, serving the City/County with architectural or engineering services, his successor, or any other person or persons, employed by the City/County for the purpose of directing or having in charge the work embraced in this Contract.

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

3. Supervision By Contractor

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

(b) The Contractor shall be responsible for all work executed under the Contract. Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

4. Subcontracts

(a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until Contractor has verified the subcontractor has been cleared (not suspended or debarred) to participate in federally funded contracts.

(b) No proposed subcontractor shall be disapproved by the City/County except for cause.

(c) The Contractor shall be as fully responsible to the City/County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.

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

(e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City/County.

(f) Contractors are encouraged to subcontract with Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms.

5. Fitting and Coordination of Work

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

6. Payments to Contractor

(a) Partial Payments

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

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

(b) Final Payment

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

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

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

(c) Payments Subject to Submission of Certificates

Each payment to the Contractor by the City/County shall be made subject to submission by the Contractor of all written certifications required of it and its subcontractors.

(d) Withholding Payments

The City/County may withhold any payment due the Contractor as deemed necessary to protect the City/County, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the City/County and will not require the City/County to determine or adjust any claims or disputes between the Contractor and its subcontractors or material dealers, or to withhold any moneys for their protection unless the City/County elects to do so. The failure or refusal of the City/County to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

7. Changes in the Work

(a) The City/County may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by CDBG-MIT prior to execution of same.

(b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the City/County authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

(c) If applicable unit prices are contained in the Contract, the City/County may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original total amount by more than twenty-five percent (25%) for municipalities and eighteen percent (18%) for counties without the written consent of the contractor. [Texas Local Government Code Section 252.048(d) and Section 262.031(b)]

(d) Each change order shall include in its final form:

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

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

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

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

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

8. Claims for Extra Cost

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

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

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

(d) If, on the basis of the available evidence, the City/County determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed.

9. Termination, Delays, and Liquidated Damages

Right of the City/County to Terminate Contract for Convenience

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

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement plus (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by City/County. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against City/County for any additional compensation or damages in the event of such termination and payment.

Right of the City/County to Terminate Contract for Cause

If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the City/County shall have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor pursuant to this Agreement shall, at the option of the City/County, be turned over to the City / County and become the property of the City / County. In the event of termination for cause, the Contractor shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination.

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

200 APPENDIX II(B)

(a) Liquidated Damages for Delays.

If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the City/County as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount $300.00 for each calendar day of delay, until the work is completed. The Contractor and Contractor’s sureties shall be liable to the City/County for the amount thereof.

(b) Excusable Delays.

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

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

3) Any acts of the City/County;

4) Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, terrorism, war, acts of another Contractor in the performance of some other contract with the City/County, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions.

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

10. Assignment or Novation

The…