Westwood North Water Plant No. 2 Ground Storage Tank and Hydropneumatic Tank Rehabilitation Bid Package.pdf

Westwood North Water Plant No. 2 Ground Storage

Tank and Hydropneumatic Tank Rehabilitation

L2 Project No. 11259

Project Manual

Prepared for: Westwood North Water Supply Corporation

6310 Weisinger DR.

Magnolia, TX 77354

Prepared by: L Squared Engineering

Texas Firm Reg. No. F-11235

Bill Kotlan, PE, License No. 80229

3307 W. Davis Street, STE#100

Conroe, TX 77304

936-647-0420

00 01 10

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Project Title Page

00 01 10 Table of Contents

00 41 00 Bid Form (C-410)

00 43 00 Bid Bond (C-430)

00 51 00 Notice of Award (C-510)

00 52 00 Form of Agreement (C-520)

00 55 00 Notice to Proceed (C-550)

00 61 00 Performance Bond (C-610)

00 61 50 Payment Bond (C-615)

00 62 00 Contractor’s Application for Payment (C-620)

00 70 00 Standard General Conditions (C-700)

00 80 00 Supplementary Conditions (C-800)

00 94 00 Work Change Directive (C-940)

00 94 10 Change Order (C-941)

00 94 20 Field Order (C-942)

DIVISION 01 – GENERAL REQUIREMENTS

01010 Summary of Work

01300 Submittals

01340 Shop Drawings, Product Data and Samples

01370 Schedule of Values

01420 Field Project Representative Services

01500 Temporary Facilities and Controls

01720 Project Record Documents

DIVISION 02 – SITE WORK

02136 Waste Material Handling, Testing and Disposal

02514 Disinfection

DIVISION 09 – FINISHES

09971 Protective Coating for Water Storage Tanks

00 01 10

DIVISION 33 – UTILITIES

331300 Disinfection of Waterlines and Water Plants

EJCDC C-410 Suggested Bid Form for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 00410-i

SECTION 00 41 00

BID FORM

Westwood North Water Plant No. 2 Ground Storage Tank and Hydropneumatic

Tank Rehabilitation

L Squared Engineering Project No. 11259

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion (Time will be part of the BID, Please fill in blanks below)

Article 7 – Defined Terms

Article 8 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Westwood North Water Supply Corporation c/o L Squared Engineering

3307 W Davis Street, #100

Conroe, TX 77304

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in

SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous

Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding

Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by

Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following:

SEE ATTACHED BID FORM

5.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION (TIME WILL BE PART OF THE BID, PLEASE FILL

IN BLANKS BELOW)

6.01 Bidder agrees that work will be substantially complete within ____ calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General

Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within ____ calendar days after the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – DEFINED TERMS

7.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

PLEASE SEE FOLLOWING PAGE FOR BID SUBMITTAL

BID SUBMITTAL

8.01 This Bid is submitted by:

If Bidder is:

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability): _______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in Texas is ____/____/____.

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

Westwood North Water Plant No. 2 Ground Storage Tank and

Hydropneumatic Tank Rehabilitation Job No. 11259

L Squared Engineering

Prepared By: Jerry Barnes / Bill Kotlan, PE

Date Prepared: September 24, 2026

No. Item Description Qty Unit Unit Cost Line Item Cost

1 Mobilization, demobilization, site setup, containment, ventilation/dehumidification, temporary protection, safety measures, and all incidental work required for tank rehabilitation. 1 LS

2 HPT – Interior Coating Rehabilitation: Drain and prepare tank; remove deteriorated interior coating and corrosion products; abrasive blast/clean surfaces; prepare corroded and pitted areas; apply complete replacement potable-water-approved interior epoxy protective coating system; include access, ventilation/dehumidification, curing, inspection, testing, and all incidentals.

1 LS

3 HPT – Exterior Coating Rehabilitation: Prepare exterior shell and coated appurtenances; remove deteriorated/peeling coating and surface rust; prepare repaired/impacted areas; apply complete replacement exterior polyurethane protective coating system; include access, containment, and all labor, materials, equipment, and incidentals. 1 LS

GST No. 1 – Interior Sidewall and Floor Coating Rehabilitation: Remove deteriorated galvanized protective coating/corrosion products from interior sidewalls and floor; prepare surfaces; repair localized corrosion/pitting as required; apply complete replacement potable-water-approved interior protective coating system to sidewalls and floor; include all access, ventilation, surface preparation, coating, curing, inspection, testing, and incidentals. 1 LS

5 GST No. 1 – Exterior Hole Repair: Repair the hole on the exterior tank shell caused by interior corrosion, including preparation, steel repair/replacement as required, and restoration of the affected exterior galvanized protective coating system. 1 LS

6 Final cleaning, inspection, coating touch-up, documentation, removal of temporary protection and construction debris, and return of tanks to service.

1 LS

7 Painting of all exposed pipe as needed, complete in place with all priming, surface prep, and necessary appurtenances. 1 Allowance

Subtotal:

A. Water Plant Rehabilitation

No. Item Description Qty Unit Unit Cost Line Item Cost

1 Localized steel repair/replacement at areas of metal loss, severe pitting, perforation, or other deterioration discovered after coating removal and authorized by the Engineer. 1 Allowance

2 Replacement/repair of severely deteriorated tank components, plates, or connections not specifically identified in the base bid, only when directed in writing by the Engineer. 1 Allowance

Subtotal:

Base Bid:

Days to Substantial Completion:

Days to Final Completion:

1 GST No. 1 – Exterior Coating Rehabilitation: Prepare exterior shell and coated appurtenances; remove deteriorated/peeling coating and surface rust; prepare repaired/impacted areas; apply complete replacement exterior polyurethane protective coating system; include access, containment, and all labor, materials, equipment, and incidentals.

1 LS

Subtotal:

Base Bid w/ Alt 1:

C. Extra Unit Price Items

ALT 1: GST Recoating

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER: Westwood North Water Supply Corporation 6310 Weisinger DR. Magnolia, TX 77354

BID

Bid Due Date:

Description: Westwood North Water Plant No. 2 Ground Storage Tank and Hydropneumatic Tank Rehabilitation

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Page 00510-1

SECTION 00 51 00

NOTICE OF AWARD

Date:_____

Project: Westwood North Water Plant No. 2 Ground Storage Tank and Hydropneumatic Tank Rehabilitation

Owner: Westwood North Supply Corporation Owner's Contract No.:

Contract: Westwood North Water Plant No. 2 Ground Storage Tank and

Hydropneumatic Tank Rehabilitation

Engineer's Project No.: 11259

Bidder:

Bidder's Address:

You are notified that your Bid dated _________ for the above Contract has been considered. You are the

Successful Bidder and are awarded a Contract for Westwood North Water Plant No. 2 Ground Storage Tank and

Hydropneumatic Tank Rehabilitation.

The Contract Price (Awarded Scope: Base Bid ) of your Contract is $_______ and 3 copies of the proposed

Contract Documents (except Drawings) to accompany this Notice of Award.

You must comply with the following conditions precedent within 10 days of the date you receive this Notice of Award.

1. Deliver to the Owner 3 fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security Bonds as specified in the, General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).

3. Other conditions precedent: Insurance Certificates naming the Owner and Engineer as additional insurers.

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Name

By:

Authorized Signature

Title Copy to Engineer

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

SECTION 00 52 00

FORM OF AGREEMENT

THIS AGREEMENT is by and between Westwood North Water Supply Corporation (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in Section 00 41 00-Bid Form.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents is to be performed, whether in whole or in part, is generally described as the rehabilitation of the existing Ground Storage Tank and

Hydropneumatic Tank at Westwood North Water Plant No. 2, as identified and described in the Bid

Form and other Contract Documents.

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by L Squared Engineering (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to

Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment

A. The Work will be substantially completed within ___ days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within ___ days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that

Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph

4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $ 500 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by

Owner, Contractor shall pay Owner $ 1,000 for each day that expires after the time specified in

Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A below:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit see Section 00 41

00-Bid Form.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the General

Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s

Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price

Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions.

a. 90 percent of Work completed (with the balance being retainage); and

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to

Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General

Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.

ARTICLE 7 – INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph

SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in

Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data."

E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the

Contract Documents, with respect to the effect of such information, observations, and documents on

(1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents;

and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 7, inclusive).

2. General Conditions (pages 1 to 61, inclusive).

3. Supplementary Conditions (pages 1 to 10, inclusive).

4. Specifications as listed in the “Table of Contents”.

5. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (Section 00 41 00, inclusive).

b. Insurance Certificate.

c. Required Bonds.

d. Prohibition on Boycotting Israel Verification.

e. Form 1295.

6. Notice of Award.

7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Notice to Proceed (pages 1 to 1, inclusive).

b. Work Change Directives.

c. Change Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph

3.04 of the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the

Supplementary Conditions.

10.02 Assignment of Contract

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

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or

Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the

Contract.

10.06 House Bill 89 Verification

A. By signing and entering into this Agreement, Contractor verifies, pursuant to the Government Code

Section 2271.002, it does not boycott Israel and will not boycott Israel during the term of this

Agreement.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by

Owner and Contractor or on their behalf.

This Agreement will be effective on __________ (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR

Westwood North Water Supply Corporation

By: By:

Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License

No.:

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

(Where applicable)

Agent for service of process:

EJCDC C-550 Notice to Proceed

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

SECTION 00550

NOTICE TO PROCEED

Date:

Project: Westwood North Water Plant No. 2 Ground Storage Tank and Hydropneumatic Tank

Rehabilitation

Owner: Westwood North Water Owner's Contract No.:

Contract: Westwood North Water Plant No. 2 Ground

Storage Tank and Hydropneumatic Tank Rehabilitation

Engineer's Project No.: 11259

Contractor:

Contractor’s Address:

You are notified that the Contract Times under the above Contract will commence to run on _______. On or before that date, you are to start performing your obligations under the

Contract Documents. In accordance with Article 4 of the Agreement, the number of days to achieve Substantial Completion of is __ _and the number of days to achieve readiness for final payment is ____ .

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents.

Owner

Authorized Signature

Date

Copy to Engineer

EJCDC C-610 – Performance Bond

Published December 2010 by the Engineers Joint Contract Documents Committee.

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

Magnolia, TX 77354

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description:

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in

Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the

Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor

Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the

Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction

Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction

Contract to the Surety or to a contractor selected to perform the

Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the

Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the

Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the

Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the

Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the

Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the

Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this

Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable

by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the

Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all

Contract Documents and changes made to the agreement and the

Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be

Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC C-615, Payment Bond

PAYMENT BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

Magnolia, TX 77354

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description:

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the

Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction

Contract, the Surety’s obligation to the Owner under this

Bond shall arise after the Owner has promptly notified the

Contractor and the Surety (at the address described in

Paragraph 13) of claims, demands, liens, or suits against the

Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction

Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph

3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with

the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety

(90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct

contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph

13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph

5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the

Owner, within sixty (60) days after receipt of the

Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed

amounts.

7.3 The Surety’s failure to discharge its obligations

under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or

Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the

Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the

Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the

Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the

Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this

Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of

Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the

Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a

Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or

(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of

(1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation…