Replacement_Well_No._5_&_Control_Building_(Addendum_#6_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofconroe

REQUEST FOR COMPETITIVE SEALED PROPOSALS

CITY OF CONROE

Replacement Well No. 5 & Control Building

P.O. BOX 3066

CONROE, TX 77305

PRE-BID MEETING

Wednesday, September 9, 2026

RESPONSE DUE Thursday, September 24, 2026 BY 1:00 pm

QUESTIONS MUST BE SUBMITTED IN WRITING

https://procurement.opengov.com/portal/cityofconroe/projects/279468

CITY OF CONROE Engineering DEPARTMENT https://procurement.opengov.com/portal/%7B

Table Of Contents CONTRACT DOCUMENTS CITY PROJECT CSP 2025-35 Replacement Well No. 5 & Control

Building

1. NOTICE TO BIDDERS

2. NOTICE FOR COMPETITIVE SEALED PROPOSALS 00040

3. GENERAL 00050

4. INSTRUCTIONS TO BIDDERS AND SPECIAL PROVISIONS TO THE CONTRACT 00100

5. BONDS AND INSURANCE 00100

6. PROPOSAL FORM - COMPETITIVE SEALED PROPOSAL 00300

7. EVALUATION

8. SCOPE OF WORK

9. VENDOR QUESTIONNAIRE

Attachments:

A - Plans-2025-35_Replacement Well No_5 & Control Building (IFB)

B - Technical Specifications-2025-35_Replacement Well No_5 & Control Building (IFB)

C - Geotechnical Report-

D - Asbestos Survey Report-

E - CSP Replacement Well No. 5 Control Building

F - Section 00100-003- Technical Specification Revision

1. NOTICE TO BIDDERS

The City of Conroe will receive Competitive Sealed Proposals for Replacement Well No. 5 & Control Building, electronically through the OpenGov Procurement

Portal. https://procurement.opengov.com/portal/cityofconroe/projects/279468.

A Non-Mandatory Pre-Bid Conference will be held by Teams meeting or in Person at the 700 Metcalf St.

Conroe, TX 77301 or Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/289205590217777?p=C8ULNvZ46FlOjZo4SM Meeting ID: 289 205 590

217 777 Passcode: sa3bD2jC on Wednesday, September 9, 2026, 1:00 pm. Microsoft TEAMS information is available on https://procurement.opengov.com/portal/cityofconroe/projects/279468. Bids are due on

Thursday, September 24, 2026 at 1:00 pm at which time they will be publicly opened and read aloud in the

Purchasing Department - Conroe Municipal Center - 700 Metcalf Street Conroe, Texas 77301. Bids received after the specified time and date will be returned unopened.

Proposals must be accompanied by a certified check upon some responsible bank of the State of Texas or a bid bond from a Surety Company holding a permit in the State of Texas in the amount of 10% of the bid. The amount of said check or bond will be forfeited to the Owner and the bank or surety shall be liable to the Owner for the amount in the event the successful proposer shall fail or refuse to enter into a contract or furnish bonds as hereafter required.

The successful proposer must furnish a performance bond and a payment bond on the forms provided, each in the amount of 100% of the contract price from a Surety Company holding a permit in the State of Texas and approved by the Federal Government.

Specifications and CSP documents may be reviewed and downloaded online at OpenGov https://procurement.opengov.com/portal/cityofconroe/projects/279468. Questions concerning this bid shall also be submitted on OpenGov.

No CSP may in any way qualify, modify, substitute or change any part of the specifications or contract documents.

Pursuant to Local Government Code the City of Conroe may enter into a contract with the offeror meeting all the qualifications and specifications that submits the CSP that offers the best value to the City considering the selection criteria and weighted value set forth in the request for proposals and the ranking evaluation of the proposals received. The City reserves the right to reject any and all CSPs, award parts of bids and to waive informalities in submission of CSPs.

CC: 9/2/26,9/7/26,9/14/26

Contract Specifications Signed and Sealed by Tara B. Gaha, Sr. Assistant City Engineer on 08/31/26.

http://www.civcastusa.com/

2. NOTICE FOR COMPETITIVE SEALED PROPOSALS 00040

Pursuant to Local Government Code competitive sealed proposals will be received electronically through the

OpenGov Procurement Portal.

PROJECT: City of Conroe – CSP 2025-35, 700 Metcalf St.

Conroe, TX 77301

OWNER: City of Conroe

OPENING TIME: 1:00 pm

BID OPENING

LOCATION:

Conroe Municipal Center

Construction Conference Room

700 Metcalf Street

Conroe, TX 77301

A. Bid Documents for the above project may be obtained by qualified Construction Contractors from the City of

Conroe’s website at www.cityofconroe.org, Purchasing. Bid Documents are on OpenGov.

B. All bids, are submitted electronically.

C. Offers shall not be withdrawn within forty-five (45) days after bid opening without consent of the Owner. No bid may in any way qualify, modify, substitute or change any part of the bid specifications. The City, through its duly authorized officials, reserves the right to reject any, part of, or all bids and to waive any informalities pertaining to any bid, without the imposition of any form of liability. A decision concerning award of Contract will be made as soon as practicable. As per Sec. 2269.105, SELECTION OF OFFEROR, not later than the seventh day after the date the contract is awarded, the governmental entity shall document the basis of its selection and shall make the evaluations public.

D. It is understood and agreed that the work for this project is to be substantially complete within To Be Completed by Bidder calendar days and complete in full within 30 calendar days after the date of Substantial

Completion. The proposer will begin construction within fifteen days after Notice to Proceed.

E. Bid security of either a certified check payable to the Owner, or an acceptable Proposer’s / Bidder's Bond, in an amount not less than 10% of the greatest amount of the offer submitted must accompany each bid.

F. As a condition for award of contract, a Performance Bond, and a Payment Bond, each in an amount not less than

100% of the contract sum, conditioned upon the faithful performance of the Contract, will be required of the

Contractor. Bonding companies must be acceptable to the Owner. The amount of each bond shall be adjusted by the amount of any change order.

G. Not less than the prevailing rates of wages shall be paid on the project in conformity with the laws of the State of

Texas.

H. A Non-Mandatory PRE-BID CONFERENCE -will be held onWednesday, September 9, 2026, 1:00 pm

CST., Conroe Texas.

http://www.cityofconroe.org/

I. All questions pertaining to this project should be submitted on OpenGov. Contractors will be responsible for all addenda issued whether received or not. FINAL QUESTIONS must be submitted 72 hours before the due date and time which will allow for final addenda to be issued within that 72-hour period.

END OF DOCUMENT

SECTION 00040

3. GENERAL 00050

3.1. Introduction

Pursuant to Local Government Code the City of Conroe hereby solicits Competitive Sealed Proposals for the CSP

2025-35 Replacement Well No. 5 & Control Building. The City will provide a Construction Manager to represent the City in a fiduciary capacity, obtain construction materials testing services on behalf of the City, assist the City in evaluating the award of the construction.

This project involves This project includes the drilling of a 2,000 gpm Jasper well to replace the existing well at

Conroe Water Plant No. 5, located in Montgomery County Texas. The project scope also includes plugging of the existing water well in accordance with TDLR and TCEQ requirements; installation of new wellhead piping, yard piping; modifications to the existing fill line, suction line, and overflow lines of existing welded steel Ground

Storage Tank (GST); construction of a new control building; installation of new disinfection systems, three (3) booster pumps and associated piping & valves, SCADA and electrical Controls and one (1) 1,000-kW natural gas generator with Automatic Transfer Switch, and related site works.

The City will also place strong emphasis on the evaluation criteria used to determine “The Best Value” for the

City of Conroe concerning this project.

If you are interested in being considered as a contractor for this project, please submit electronically through the

OpenGov Procurement Portal.

3.2. Questions and Inquiries

Any person with questions regarding this CSP should submit a written request for clarification to:

BIDDING

PROCEDURES:

Brandy Taylor, CTCD, CTCM

Engineering Manager

TECHNICAL QUESTIONS:

Submit in writing to OpenGov https://procurement.opengov.com/portal/cityofconroe/projects/279468

Answers and all Addenda will be posted through OpenGov. Candidates should not rely on any oral communication concerning this Bid and oral responses will have no binding effect. Candidates may not visit any proposed project site without the Owner’s permission and coordination.

3.3. Conditions of Conduct

At all times any agent, officer, or employee of Proposer shall be present upon property owned by the City of

Conroe, the terms and conditions of the Drug and Alcohol Policy currently adopted by the City of Conroe, shall be deemed applicable to such persons. Violations of terms and conditions while present on the premises owned by the City of Conroe shall be grounds for termination of any contract between the City and Proposer. A copy of this policy is available for public inspection in the office of the City Secretary and copies may be obtained at a nominal charge.

3.4. Ethical Standard

No City official or employee shall have interest in any contract resulting from this Bid. Individuals with a possible conflict will enact a public disclosure record by completing a “Statement of Financial Interest” form.

Refer to Project number and name on the 1295 form 1295 Filing Info (state.tx.us).

3.5. Reimbursements

There is no expressed or implied obligation for the City of Conroe to reimburse responding firms for any expenses incurred in preparing bids in response to this request and the City will not reimburse responding firms for these expenses, nor will the City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

3.6. Disclosure

The name of the Contractors and their lump-sum offer will be read at the time of opening. Once the contract has been awarded all bids will be open for public inspection, except for trade secrets and confidential information, which the firm identifies as proprietary.

After written bids are received and initially evaluated, the Owner may require one or more of the Candidates to provide an oral presentation as a supplement to their bids. Any Candidate required to interview should be prepared to discuss and substantiate any area of their bid. The Owner is under no obligation to grant interviews to any Candidate receiving a copy of this Bid and/or submitting a written bid in response to this Bid.

3.7. Selection Process

The bids will be evaluated on behalf of the Owner by an Evaluation Committee which will consist of City of

Conroe Employees. The City Administrator is an ex-officio member of the Evaluation Committee and may substitute for any other designated committee member.

As authorized by Government Code the Evaluation Committee will evaluate and rank the proposals and will identify the offeror that submits the bid that offers the best value for the Owner based on the selection criteria and weighted value set forth below.

The selection criteria and their weighted value are:

1. The proposed price/cost 40 Points

2. The quality of the Bidder’s goods or services. 20 Points

3. The reputation/past relationship with the City of Conroe 10 Points

4. Time for completion or Project scheduling 10 Points

5. Ability and qualifications or professional personnel 10 Points

6. Financial capability (or workload of Firm) 5 Points

7. Safety record (or past performance in similar projects) 5 Points

Total 100

Points

The Owner shall first attempt to negotiate a contract with the selected offeror. The Owner and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modifications and any such modifications may be included in the final contract.

https://www.ethics.state.tx.us/filinginfo/1295/

If discussions with the selected offeror are unsuccessful for any reason, the City will terminate negotiations formally and in writing with such firm and proceed to the next offeror in the order of the selection ranking until an agreement is reached or all bids are rejected.

Upon reaching an agreement the contract will be placed in writing and executed by both parties and a purchase order will be issued by Owner for the contract amount.

3.8. Response Format

The items listed below shall be submitted with each bid and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Proposer to include all listed items may result in their bid being rejected.

A. Tab I – Cover Letter

Provide a cover letter indicating your firm’s understanding of the requirements of this specific job bid. The letter must be brief and formal from the proposer that provides information regarding the firm’s interest in and ability to perform the requirements of the proposal. A person who is authorized by the organization to enter into an agreement with the City of Conroe will sign the letter.

Please include all contact information.

B. Tab 2 – Acceptance of Conditions

Indicate any exceptions to the terms and conditions of this CSP, including the Scope of Services. Include a copy of all amendments issued pertaining to this CSP.

C. Tab 3 – Company Background (2 – Pages Maximum)

1. Years in business under present name.

2. Name and address of each office location.

3. Ownership structure (Corporation / Partnership).

4. Names and titles of officers in the company.

5. Company trade organizations / associations / affiliations

D. Tab 4 – Experience of Key Personnel on Similar Jobs

1. List key personnel that will be assigned or oversee this job.

2. Provide resumes for key personnel.

3. List all subcontractors that will be used for this construction project.

E. Tab 5 – References

Provide references from the last five similar construction projects for which your company provided similar projects.

F. Tab 6 – List of Ongoing and Completed Projects

Provide a list of all public and private construction projects in which your company is currently involved, or has been involved, in whole or in part, as a General Contractor.

Please list project description, cost, and status.

G. Tab 7 – Proposal pages, all required forms including a copy of your 1295 AND SAM.Gov status

1. HUB Certification: If you are not a HUB provide a memo stating as such.

2. COI include EMR Score from Insurance Company

3. 1295 Form (completed online and printed)

4. Sam.gov Status

5. Bid Bond

6. Financial Statement

Section 00050

4. INSTRUCTIONS TO BIDDERS AND SPECIAL PROVISIONS TO THE CONTRACT 00100

4.1. Definitions

A. "Engineer" means Tara B. Gaha, Sr. Assistant City Engineer, City of Conroe, 700 Metcalf St, Conroe, TX 77301

B. "City" means the City of Conroe, Texas.

C. "Contractor" means the Proposer who is awarded the Contract.

D. "Project" means the improvements as requested by City of Conroe including the provision of all labor, materials, services, equipment, and appliances necessary to complete the Work in accordance with project drawings and specifications.

E. “Building Code” means the City of Conroe adopted building code (2009 IBC) with all applicable amendments and ordinances.

F. "Substantial Completion” means that work under the contract has progressed to the stage where the entire project, including mechanical, electrical, and equipment installations, can be occupied and/or utilized by the Owner its intended purpose, and when any remaining work can be done without interfering with the Owner’s use or formal instruction on all major equipment operation and maintenance.

4.2. Instructions to bidders

A. Examination of Bid Documents and Work Site. Before submitting a response, the proposer shall examine carefully all contract documents including the form of the contract to be executed. In addition, each bidder should visit the site of the proposed work and should become acquainted with the existing conditions and facilities, to include but not be limited to 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 will be justified in rejecting any claim based on lack of inspection of the site prior to the bid.

B. Preparation of Bid. The proposer shall submit its bid on the prescribed form accompanying the bid documents through OpenGov. If hand delivering or mailing your copies, the bid form shall be executed with ink in the complete and correct name of the individual, firm, corporation or combination thereof making the offer and shall be signed by a person or persons authorized to contractually obligate the proposer.

C. Use of Separate Bid Forms. These Contract Documents include a complete set of bid 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.

D. Interpretations or Addenda. No Oral Interpretations will be made by any bidder. Each request for clarification shall be made in writing to the Grant Recipient or engineer no less than seven 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 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.

E. Bid/Bid Bond. Each bid must be accompanied by a bid bond or other acceptable security in an amount equal to ten percent (10%) of the base offer amount. The bond may consist of a surety bid bond executed by a surety licensed to do business in the State of Texas, or a certified check or cashiers’ check in the required amount drawn on a bank doing business in the State of Texas and made payable to the City of Conroe, Texas.

The bid/bid bond of the successful proposer shall be returned upon issuance of a notice to proceed to the proposer. The bonds of unsuccessful proposers shall be returned upon the earlier of (1) the issuance of a notice to proceed to the successful proposer, or (2) the expiration of thirty (30) days following the bid opening.

F. The Texas Ethics Commission requires the City to keep on file a Certificate of Interested Parties and a Conflicts of Interest Form (if applicable). The Forms are included in section 00520. Please refer to the Texas Ethics

Commission website, 1295 Filing Info (state.tx.us)

G. Withdrawal of Bids Prior to Opening. A bid may be withdrawn by the proposer for any reason without penalty at any time prior to the deadline for bid submission. A proposer desiring to withdraw an offer must do so by written notice delivered to the City Secretary prior to the deadline for submission. If submitting electronically, bids may be withdrawn at any time before the deadline for bid submission.

H. Firm Offer Following Opening. Once the deadline for bid submission has passed, an offer remains open and may not be withdrawn but may be accepted by the City for a period of forty-five (45) days following the date of opening, regardless of whether or not a notice of award has been previously issued to another proposer. The pricing stated in the offer is locked in, regardless of subsequent changes to the costs or availability of materials bid in the offer unless changes to the project are requested by the City.

4.3. Contract Award and Post-Award Requirements

A. Award of Contract. The City of Conroe reserves the right to reject any and all bids, award parts of bids and to waive informalities in submission of bids. The City also reserves the right to award the bid to the proposer meeting all the qualifications and specifications. 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.

The bid documents may provide for deduct alternates in addition to a base offer. Where bids for deduct alternates are solicited, such deduct alternates may be awarded or rejected. Where deduct alternates are accepted, the lowest best offer shall be determined upon the basis of the total of the base bid and any deduct alternates actually to be awarded.

B. Execution and Delivery of Contract, Required Bonds and Certificates of Insurance. Not later than ten (10) days following notice of award the successful proposer shall submit (a) four original copies of the required contract form, (b) four executed performance and payment bonds, if required, and (c) four certificates of insurance evidencing all required coverages. Failure to deliver any such documents within the time required may result in forfeiture of the bid/bid bond. Award of the contract is not final until all documents required by this paragraph have been submitted and accepted by City.

C. Post Bid Award Submissions. If directed by the notice of award, the proposer who is selected as the Contractor shall attend a post-award meeting with the City’s Representative. Either at the post-award meeting, or not later than ten (10) calendar days following notice of award if no post-award meeting is scheduled, the Contractor shall submit the following items to the City’s Representative:

https://www.ethics.state.tx.us/filinginfo/1295/

1. Schedules of the work, including the starting date and anticipated date of substantial completion, as well as the starting and ending date of each major component stage of the work. Unless otherwise stipulated, the final completion date may not be more than 60 days after substantial completion.

2. The names and addresses of all proposed subcontractors, together with a description of the scope of the work to be performed by each subcontractor and the anticipated starting and ending dates of the subcontractor’s work.

3. The name of the Contractor’s Project Manager, together with the local office address and phone number where such person may be reached.

4. Review Pre-Construction Meeting Guidelines and Requirements.

D. Notice to Proceed. The Contractor shall not begin the work until authorized to do so by a written notice to proceed issued by the City’s Representative. When authorized to proceed, the Contractor shall commence the work within fifteen (15) calendar days of receiving the notice to proceed.

4.4. Compensation and Method of Payment

A. Lump Sum Contract Price. For the performance of the work Contractor shall be compensated the lump sum amount indicated by the Contract. Such lump sum amount includes complete compensation for all labor, equipment, materials or service which may be reasonably inferred from the Contract Documents as necessary to the completion of the intended work, regardless of whether or not specifically called for by the Contract

Documents. Each lump sum item will require a schedule of values.

B. Extra Work. Extra work shall be authorized only through a written Change Order or Construction Change

Directive approved by City. If directed to perform work which Contractor believes to be extra work, Contractor shall, within ten (10) days of such directive notify City of its intention to seek additional compensation. The

Contractor shall be compensated for approved extra work by payment of the direct costs of labor and materials incurred.

C. Progress Payments. If the Contract Price exceeds $25,000, progress payments will be made monthly in accordance with the Contract Documents. If the Contract Price does not exceed $25,000, such sum shall be withheld by City in its entirety until final completion of the work.

D. Retainage. An amount equal to five percent (5%) of each approved payment shall be retained by City until final payment is made.

E. Payment of Subcontractors Following any payment from the City to the Contractor, the Contractor shall pay each

Subcontractor and supplier no later than ten days after receipt of payment from the City, the amount to which the

Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractors portion of work. The City has the right to request written evidence from the Contractor that the

Contractor has properly paid Subcontractors and suppliers amounts paid by the City to the Contractor for subcontracted work. If the Contractor fails to furnish such evidence within seven days, the City shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.

F. Final Payment Final payment, including all previously retained funds from previously approved progress payments shall be made within thirty (30) days of the date of final completion.

4.5. Weather Days

Include in the Base Bid, anticipated weather days from the chart below. All weather day claims, including those from the chart, must be applied for (and claimed) within 24 hours of the occurrence, otherwise they will not be acknowledged.

For these weather days and any additional, no weather day extensions will be allowed:

1. For Saturdays, Sundays and legal holidays

2. If at least 7 hours of work time are available out of the working day

3. For drying of materials when it is reasonably possible for the contractor to enclose and use drying devices

The Contract time is established in Calendar days and extensions for working days will be converted (i.e. 1.4x working day(s)) to Calendar Days.

Number of Anticipated Weather Days to be Included in Bid Completion Time

January 3 May 4 September 2

February 3 June 2 October 2

March 4 July 2 November 2

April 4 August 2 December 4

Note: If in any month, the number of rain days designated by this chart are not used, then the remaining rain days for that month will transfer to the next month to ensure that all of the rain days to be included in the Contract are accounted for. For example, if in December only 2 days are claimed, then the remaining 2 days are transferred to

January and January will now have a total of 5 days. If the 5 days are not used in January, say only 4, then the remaining 1 day will be transferred to February and February will now have 4 days, and so on and so

on. Additional rain days cannot be claimed until the number exceeds the amount indicated for that month. For example, if in December a total of 6 days were claimed, then the 2 additional days would transfer to January and be deducted from January’s 3 days, leaving 1 day for January. If in January, 3 days were claimed, then the additional 2 days would transfer to and be deducted from February and February would become 1, and so on and so on, until the total number of rain days included in the Contract are accounted for. If the total number of rain days included in this Contract are accounted for (i.e. used) and exceeded, then, additional ‘APPROVED” rain days will be added by Change Order; thereby changing the scheduled Contract Substantial Completion date.

4.6. Liquidated Damages

The Work to be performed under this Contract shall be substantially complete within the time listed on the

Agreement or by such dates thereafter as may be established in any written extensions granted under Article 8.

The parties hereto agree that time is of the essence of this contract and that the pecuniary damages which would be suffered by the Owner, if the Contractor does not complete all Work called for in the Contract Documents by the specified date, are in their very nature difficult of ascertainment. It is therefore expressly agreed as a part of the consideration inducing the Owner to execute this Contract that the Owner may charge the Contractor a sum equal to $1,000.00 per day for each and every calendar day beyond the agreed date, which the Contractor shall require for Substantial Completion of the Work included in this Contract. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages, which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the legally extended time, if any, otherwise provided for herein. Said sum shall be considered a liquidated damage only and in no sense shall be considered a penalty, said damage being caused by additional compensation to personnel, for loss of interest on money and other miscellaneous increased costs, all of which are difficult of exact ascertainment.

4.7. Warranty of General Construction

The proposer awarded the Contract will warrant to the City that all materials and equipment furnished with respect to the Project are new and the work performed by the Contractor with respect to the Project is of good and workmanlike quality, free from faults and defects, and on conformance with all contract documents and applicable laws. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty does exclude remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of the materials and equipment. The Contractor will guarantee to the City all work performed and materials and equipment furnished with respect to the Project against defects in materials, equipment, and workmanship for a period of one year from the date of substantial completion of the entire Project, or for a longer period if so specified in the contract documents. The Contractor shall, within a reasonable time after receipt of written notice thereof, and without reimbursement under the construction contract, make good any defects in materials, equipment and workmanship which may develop within the periods for which said material, equipment and workmanship are guaranteed and make good any damage to other work caused by repairing such defects.

4.8. Prevailing Wage Rates

The project is a public project within the meaning of Texas Government Code, Chapter 2258. Wage rates paid on this project shall not be less than specified in the schedule of general prevailing wages attached hereto. In addition, Contractor shall be responsible for compliance with all applicable requirements of Chapter 2258.

PLEASE BE ADVISED: A Contractor who violates Section 2258.023 of the Texas Government Code shall pay the City $60.00 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the request for bids/proposals. The contractor and subcontractor shall keep a record showing the name and occupation of each worker employed by the Contractor or any subcontractor in the construction of public work and the actual per diem wages paid to each worker. The record shall be open at all reasonable hours to inspection by the officers and agents of the City.

"General Decision Number: TX20260033 01/02/2026 Superseded General Decision Number: TX20250033 State:

Texas Construction Type: Heavy Dredging Counties: Texas Statewide. DREDGING PROJECTS ALONG THE

TEXAS GULF COAST AREA INCLUDING ALL PUBLIC CHANNELS, HARBORS, RIVERS,

TRIBUTARIES AND THE GULF INTRACOASTAL WATERWAYS Modification Number Publication Date 0

01/02/2026 SUTX1994-001 01/18/1994 The following rates were revised pursuant to 29 CFR 1.6(c)(1) on

02/07/2025. Rates Fringes Derrick Operator.................$ 16.85 Dozer Operator...................$ 16.85 Dredge 16"" and Over DECKHAND....................$ 16.85 DREDGE TENDER OPERATOR......$ 16.85

FIREMAN.....................$ 16.85 FIRST ASSISTANT ENGINEER....$ 16.85 LEVERMAN....................$ 16.85

OILER.......................$ 16.85 SECOND ASSISTANT ENGINEER...$ 16.85 SHOREMAN....................$ 16.85

THIRD ASSISTANT ENGINEER....$ 16.85 TRUCK DRIVER................$ 16.85 WELDER......................$ 16.85

Dredge Under 16"" DECKHAND....................$ 16.85 DREDGE TENDER OPERATOR......$ 16.85

LEVERMAN....................$ 16.85 OILER.......................$ 16.85 WELDER......................$ 16.85 Hydraulic

Dredging FIRST COOK..................$ 16.85 HANDYMAN....................$ 16.85 JANITOR - CABIN

PERSON......$ 16.85 MESS PERSON.................$ 16.85 SECOND COOK.................$ 16.85 Marsh Buggy

Dragline OILER.......................$ 16.85 OPERATOR....................$ 16.85 -------------------------------------------------

--------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

================================================================ Note: Executive Order

(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-

Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon

Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive

Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). --------------------------------

-------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be

Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local

0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates.

Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29

CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and https://www.dol.gov/agencies/whd/government-contracts https://www.dol.gov/agencies/whd/government-contracts https://www.dol.gov/whd/govcontracts prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example:

SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ------------------------------------------------------

----- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial

WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of

Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of

Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200

Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour

Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of

Labor 200 Constitution Avenue, N.W. Washington, DC 20210.

================================================================ END OF GENERAL

DECISION "

Section 00100

5. BONDS AND INSURANCE 00100

5.1. Performance and Payment Bonds

A. The Contractor shall provide separate performance and payment bonds, each in an amount equal to the contract price and executed by both Contractor and a surety company authorized to execute surety bonds and to do surety business in the State of Texas. The bonds must be in a form acceptable to City and satisfying the requirements of

Texas Government Code, Chapter 2253.

B. Contractor shall provide a copy of the payment bond to each subcontractor and to each person or entity alleging a claim against the project or appearing to be a potential beneficiary of the payment bond.

C. If the Contract price does not exceed $50,000, then no performance bond shall be required, (the threshold for the payment bond is $100,000.), provided however, the City shall retain the entire contract price until final completion and acceptance of the work.

D. Contractor shall be exclusively responsible for the payment of Contractors, employees, subcontractors, suppliers and materials and shall promptly obtain the release of any lien or claim filed against the property of the City by such persons as a result of the project.

5.2. Workers' Compensation Insurance Coverage

Definitions:

Certificate of coverage ("certificate") – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers’ Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker’s compensation insurance coverage for the person’s or entity’s employees providing services on the project, for the duration of the project.

Duration of the project – includes the time from the beginning of the work on the project until the

Contractor’s/person’s work on the project has been completed and accepted by the City.

Persons providing services on the project (“subcontractor” in Texas Labor Code, § 406.096) – includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project.

"Services" include without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

A. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project.

B. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

C. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage within the

City showing that coverage has been extended.

D. The Contractor shall obtain from each person providing services on a project, and provide it to the City:

1. A certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the project.

E. The Contractor shall retain all required certificates of coverage for the duration of the project and one year thereafter.

F. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the

Contractor knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project.

G. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas

Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

H. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011 (44) for all of its employees providing service to the project for the duration of the project;

2. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. obtain from each other person with whom it contracts, and provide to the contractor:

a. a certificate of coverage, prior to the other person beginning work on the project; and

b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period on the current certificate of coverage ends during the duration of the project;

5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. contractually require each person with whom it contracts, to perform as required by the paragraphs above, with the certificates of coverage to be provided to the person for whom they are providing services.

I. By signing the Contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Workers’ Compensation

Commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the

Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions.

J. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

5.3. General Provisions Applicable to Other Required Insurance

At all times during the term of the contract the Contractor shall keep in effect (1) a Commercial General Liability

Policy and (2) an Automobile Liability Policy.

A. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.

B. "Claims Made" policies will not be accepted.

C. The City of Conroe, Texas, its officials, employees and volunteers are to be added as “Additional Insureds” to the

General…