San Isidro Booster Pump Station Site Improvements

Said bid shall be marked, San Isidro Booster Pump Station Site Improvements The project consists of constructing site improvements at the San Isidro Booster Station that will include concrete pavement, concrete sidewalk, 24" reinforced concrete pipe, post inlet, concrete safety end treatment, CMU wall, security fencing, and slide gates in accordance to the contract documents, specifications, and plans. Each proposal and the proposal guaranty must be originals and must be submitted in a sealed envelope plainly marked with the name of the project as shown above, and the name and address of the Bidder. When submitted by mail, this envelope shall be placed in another envelope addressed as indicated in this Notice to Bidders. Only proposals and proposal guaranties actually in the hands of the designated official at the time set in this Notice to Bidders shall be considered. Proposals submitted by telephone, telegraph, or fax, will not be considered. INSTRUCTION TO BIDDER CONDITIONS 1. DISADVANTAGED BUSINESS ENTERPRISE GOALS The Texas Water Development Board's (TWDB) Clean Water and Drinking Water State Revolving Fund programs receive federal funds from the U. S. Environmental Protection Agency (EPA). As a condition of federal grant awards, EPA regulations require that loan recipients make a "good faith effort" to award a fair share of work to DBE's who are Minority Business Enterprises (MBE's), and Women-owned Business Enterprises (WBE's) whenever procuring construction, supplies, services and equipment. More information on Disadvantaged Business Enterprise requirements (DBE) is available under section 14. DISADVANTAGED BUSINESS ENTERPRISES. The current fair share goals for the State of Texas are as follows: CATEGORY MBE WBE CONSTRUCTION 12.94% 8.72% EQUIPMENT 7.12%. 5.39% SUPPLIES 9.68% 9.34% SERVICES 10.84% 5.72% 2. CONTINGENT AWARD OF CONTRACT This contract is contingent upon release of funds from the Water Development Board. Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or grant from the Texas Water Development Board and a grant from the United States Environmental Protection Agency, U.S. EPA. Neither the State of Texas, the U.S. EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for Bids or any resulting contract. 3. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations 41 CFR Part 60-2 Affirmative Action Programs which include the President's Executive Order No. 11246 as amended by Executive Order 11375. 4. DEBARMENT AND SUSPENSION CERTIFICATION This contract is subject to the provisions the Federal Debarment and Suspension requirements of 2CFR Part 1532.220 and 1532.332. 5. BID GUARANTEE Each bidder shall furnish a bid guarantee equivalent to five percent of the bid price. (Water Code 17.183). If a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code. 6. AWARD OF CONTRACT TO NONRESIDENT BIDDER A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. (Source: Texas Government Code Chapter 2252 Subchapter A Nonresident Bidders, ( 2252.002.) The bidder will complete form TWDB-0459, Vendor Compliance with Reciprocity on Non-Resident Bidders, which must be submitted with the bid. Forms to be submitted with Bid: o Bidder's Certifications (WRD-255) regarding Equal Employment Op portunity and Non- Segregated Facilities o Vendor Compliance with Non-Resident Bidder Requirements (TWDB-0459) o Certification Regarding Debarment, Suspension and Other Responsibility Matters, SRF-404 o Disadvantaged Business Enterprise (DBE) Construction Contract Phase Forms Prime Prime's Submit Form To Contractor Subcontractors TWDB-0216 Required TWDB TWDB-0217 Required TWDB TWDB-0373 Required TWDB *Note: forms EPA-6100-2, EPA-6100-3 and EPA-6100-4 are under revision by EPA and are currently not required to be submitted at this time. 7. AMERICAN IRON AND STEEL (AIS) The Contractor acknowledges to and for the benefit of the Applicant ("Purchaser") and the Texas Water Development Board (TWDB) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the TWDB that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the TWDB. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser to enforce this Agreement and recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the TWDB or any damages owed to the TWDB by the Purchaser). While the Contractor has no direct contractual privity with the TWDB, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the TWDB is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the TWDB. Bidders are expressly advised to review Section C-3.10 of the General Conditions of the proposed Contract as to the causes which may lead to the disqualification of a bidder and/or the rejection of a bid proposal. Unless all bids are rejected, Owner agrees to give Notice of Award of Contract to the successful bidder within sixty (60) days from the date of the bid opening. Bidders are expressly advised to review the special environmental conditions found in Section 02102 (Item 2.02) observing the requirements for compliance with the Migratory Bird Treaty Act. Bidders are expected to inspect the site of the work and inform themselves regarding all local conditions.

Division 03 -	Concrete.
Division 04 -	Masonry.
Division 05 -	Metals.
Division 06 -	Wood, Plastics, and Composites.
Division 07 -	Thermal and Moisture Protection.
Division 08 -	Openings.
Division 09 -	Finishes.
Division 10 -	Specialties, Signage, Toilet, Bath, and Laundry Accessories, Fire Protection Specialties, Fire Extinguishers, Storage Specialties.
Division 11 -	Equipment.
Division 12 -	Furnishings.
Division 14 -	Conveying Equipment, Scaffolding.
Division 21 -	Fire Suppression.
Division 22 -	Plumbing.
Division 23 -	Heating, Ventilating, and Air Conditioning (HVAC).
Division 26 -	Electrical.
Division 27 -	Communications, Data Communications, Voice Communications, Audio-Video Systems.
Division 28 -	Electronic Safety and Security.
Division 31 -	Earthwork.
Division 32 -	Exterior Improvements, Fences and Gates, Turf and Grasses.
Division 33 -	Utilities, Common Work Results for Utilities, Water Utility Distribution Equipment, Water Utility Pumping Stations, Wastewater Utility Pumping Stations, Sanitary Utility Sewerage Force Mains.
Division 40 -	Process Integration, Water Process Piping.
Division 45 -	Industry-Specific Manufacturing Equipment.
Division 46 -	Water and Wastewater Equipment.