HomeMy WebLinkAbout8590 - Formal Amendment 1 Executed
Docusign City Council Transmittal Coversheet
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Purchasing Contact
City Council Target Date
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Docusign Envelope ID: 3AA2053B-0327-43C7-AD9D-576E2D69171D
8590
Cori Power
CMAR Preconstruction RRWTP Expansion - Amendment #1
Not Applicable
FILE
fEBRUARY 17, 2026
N/A
26-0116
8850 CMAR – Amendment #1 Page 1 of 4
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND ARCHER WESTERN CONSTRUCTION, LLC
FILE 8590
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 8590 (“Amendment”) by and
between the City of Denton, Texas (“City”) and ARCHER WESTERN
CONSTRUCTION, LLC (“CM@Risk”); to that certain contract executed on September
30, 2025, in the original not-to-exceed amount of $1,500,000 (the “Agreement”); for
services related to Lake Ray Roberts Water Treatment Plant Expansion Project.
WHEREAS, the City deems it necessary to further expand the professional services
provided by CM@Risk to the City pursuant to the terms of the Agreement, and to provide
an additional not-to-exceed amount $1,315,293 with this Amendment for an aggregate not-
to-exceed amount of $2,815,293; and
NOW THEREFORE, the City and CM@Risk (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for the Construction Manager at
Risk preconstruction design services for the Lake Ray Roberts Water Treatment
Plant Expansion Project, are hereby authorized to be performed by CM@Risk. For
and in consideration of the additional professional services to be performed by
CM@Risk, the City agrees to pay, based on the cost estimate detail attached as
Exhibit “A.
2. This Amendment modifies the Agreement amount to provide an additional
$1,315,293 for additional services and materials to be provided in accordance with
the terms of the Agreement with a revised aggregate not-to-exceed total of
$2,815,293.
3. This Amendment is subject to the supplemental conditions set forth in Exhibit B.
Exhibit B is from the Texas Water Development Board (TWDB) document TWDB-
0552 revised in November 2018. The TWDB forms and guidance documents noted
in Exhibit B may be accessed through the TWDB’s Financial Assistance website at
http://www.twdb.texas.gov/financial/instructions/index.asp.
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The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the CM@Risk, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
ATTEST:
INGRID REX, CITY SECRETARY
By:
_________________________________
“CM@Risk”
ARCHER WESTERN CONSTRUCTION,
LLC
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
Docusign Envelope ID: 3AA2053B-0327-43C7-AD9D-576E2D69171D
Business Group Leader, VP
General Manager
Water Utilities and Street Operations.
Stephen Gay
02/17/2026
8850 CMAR – Amendment #1 Page 3 of 4
Exhibit “A”
Scope of Services
Preconstruction Phase Services Contract
Ray Roberts Water Treatment Plant Expansion
Amendment No.1
Introduction
This Exhibit “A” serves as an amendment to the preconstruction services contract previously
executed between Archer Western Construction (AWC) and the City of Denton for the Ray
Roberts Water Treatment Plant Expansion Project. Under this amendment, AWC will provide
additional services related to the pilot study of the proposed treatment process, which
includes plate settlers and membrane filtration. The pilot study is required to finalize the
project design and meet applicable regulatory requirements.
As part of this amendment, AWC will be responsible for procuring, receiving, assembling,
disassembling, and returning the pilot system(s), as outlined below. All pilot-related
materials, equipment, and accessories are temporary or rented and will be removed upon
completion of the study.
Scope of Work
Archer Western Construction shall perform the following tasks in support of the pilot study:
• Unload the pilot equipment, unpack or remove shipping crates at the test site, and
install the equipment with the assistance of the equipment representatives.
• Provide shelter and freeze protection for the pilot equipment.
• Furnish and install piping to supply raw water to the inclined plate settler pilot.
• Furnish and install piping between the inclined plate settler pilot and the MSS-
supplied feed tank.
• Furnish and install piping for the pilot skids and overflow connections to the MSS-
supplied feed and filtrate tanks.
• Furnish and install electrical and communication connections to the pilot systems.
• Participate in weekly conference calls with Freese and Nichols, Inc. (FNI) and the
equipment manufacturers. Additional calls may be scheduled upon agreement
between the City, AWC, FNI, and equipment manufacturers. Emergency calls may be
required in the event of any equipment malfunction that stops testing.
• Upon completion of the pilot, disconnect, pack, and load pilot system equipment
onto truck(s) furnished by the equipment manufacturers.
• Remove, pack, ship, and furnish services for the autopsy of one pilot-tested
membrane module for each MSS. AWC will pay for the services of an engineer-
selected third-party vendor to perform the autopsy of the membrane module(s)
provided.
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Compensation Fee
One Million Three Hundred Fifteen Thousand Two Hundred Ninety-Three and 00/100
U.S. Dollars ($1,315,293.00)
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TWDB-0552
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Texas Water Development Board
Supplemental Contract Conditions and
Instructions
For Construction Services for
Projects Funded through State Programs
Exhibit B
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TWDB-0552
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Table of Contents
I. INSTRUCTIONS TO APPLICANT .......................................................................................................... 5
1. Applicability ........................................................................................................................................... 5 2. Use of Conditions .................................................................................................................................. 5 3. Modifications to Provisions .................................................................................................................. 6 4. Good Business Practices ....................................................................................................................... 7 5. Other Requirements.............................................................................................................................. 7 6. Advertisements for Bids ....................................................................................................................... 7 7. Bid Proposal .......................................................................................................................................... 8 8. Bidding Process ..................................................................................................................................... 8 9. Release of Funds .................................................................................................................................... 8
II. INSTRUCTIONS TO BIDDERS ............................................................................................................. 10
1. Contingent Award of Contract .............................................................................................................. 10
2. U.S. Iron and Steel (Does not apply to SWIFT Projects funded prior to May 1, 2019) ....................... 10
3. Bid Guarantee ....................................................................................................................................... 10
4. Award of Contract to Nonresident Bidder ............................................................................................ 10
III. SUPPLEMENTAL CONTRACT CONDITIONS ............................................................................... 11
1. Supersession ......................................................................................................................................... 11
2. Privity of Contract ................................................................................................................................ 11
3. Definitions ............................................................................................................................................ 11
4. Laws to be Observed ............................................................................................................................ 11
5. Review by Owner and TWDB .............................................................................................................. 11
6. Performance and Payment Bonds ......................................................................................................... 12
7. Payments Schedule and Cost Breakdown ............................................................................................. 12
8. Workers’ Compensation Insurance Coverage (as applicable, consistent with Texas Labor Code §
406.096) ........................................................................................................................................................ 12
9. U.S. Iron and Steel (Does not apply to SWIFT Projects funded prior to May 1, 2019) ....................... 13
10. Prevailing Wage Rates ...................................................................................................................... 14
11. Employment of Local Labor (only applicable to projects funded by EDAP) .................................. 15
12. Payments ........................................................................................................................................... 15
13. Archaeological Discoveries and Cultural Resources ........................................................................ 17
14. Endangered Species .......................................................................................................................... 17
15. Hazardous Materials ......................................................................................................................... 18
16. Changes ............................................................................................................................................ 18
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17. Operation and Maintenance Manuals and Training .......................................................................... 19
18. As-built Dimensions and Drawings .................................................................................................. 19
19. Close-Out Procedures ....................................................................................................................... 20
IV. FORMS AND GUIDANCE LIST ........................................................................................................ 20
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Forms and Guidance:
The Texas Water Development Board (TWDB) forms and guidance documents noted in this
instruction document may be accessed through the TWDB’s Financial Assistance web site at:
http://www.twdb.texas.gov/financial/instructions/index.asp
Search by either the document number or name.
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I. INSTRUCTIONS TO APPLICANT
1. Applicability
These Supplemental Conditions contain provisions that are worded to comply with certain
statutes and regulations which specifically relate to projects receiving state funds only.
Except as noted, these supplemental conditions apply to projects funded by the following
financial assistance programs:
Agricultural Water Conservation Fund (AWCF)
Economically Distressed Areas Program (EDAP)
Rural Water Assistance Fund (RWAF)
State Participation (SP)
State Water Implementation Fund for Texas (SWIFT)
Texas Water Development Fund II (WDF)
Provisions that are applicable to the project's funding source or dollar value of the contract
are so noted within these provisions.
NOTES:
- Per Section 17.183(c)(4), Texas Water Code (TWC), U.S. Iron and Steel requirements
do not apply to SWIFT projects funded prior to May 1, 2019.
- Effective September 1, 2017, TWC §17.183 eliminated the requirement for
Manufactured Goods. Thus, projects approved for funding after September 1, 2013 and
which are not currently under construction, will only need to meet the requirements of
TWC §17.183 as amended by S.B. 1289, 85th Legislative Session, and as outlined in these
Contract Conditions.
- Texas Water Code § 17.183 does not apply to the Agricultural Water Conservation Fund;
however, the US I&S provisions in Texas Government Code, Chapter 2252, Subchapter
F may apply to certain conservation projects funded through the Agricultural Water
Conservation Fund. See Attachment 1 for supplemental guidance regarding Agricultural
Water Conservation Fund projects.
2. Use of Conditions
The language and conditions listed under Section II: Instructions to Bidders are to be
included in the instructions to bidders for construction services. The provisions listed under
Section III: Supplemental Contract Conditions shall be included in their entirety with the
other general and special conditions that are typically included in the construction contract
documents by the design engineer.
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3. Modifications to Provisions
These provisions shall be included as a stand-alone section in the contract documents. The
Applicant and the consulting engineer (Engineer) should carefully study these provisions
before incorporating them into the construction contract documents. In particular, Water
Districts and other types of districts should be aware of statutes relating to their creation and
operation which may affect the application of these conditions. The TWDB Project
Engineer/Reviewer should be consulted if the Applicant thinks there is a need to modify
parts of these provisions. Supplemental Condition #13 (Archeological Discoveries and Cultural Resources) and #14
(Endangered Species) may be superseded or modified by project specific conditions
established during the environmental review process. These documents may confer certain duties and responsibilities on the Engineer that are
beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure
that the contractual agreement with the Engineer provides for the appropriate services.
Otherwise the Applicant should revise the wording in these special conditions to agree with
actually delegated functions.
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4. Good Business Practices
There are other contract provisions that the Applicant (Owner) and Engineer should include
as a matter of good business practices. It is recommended that provisions addressing the
following matters be included in the construction contract.
(a) Specifying the time frame for accomplishing the construction of the project, and the
consequences of not completing on time, including liquidation damages.
(b) Specifying the type, dollar value, and documentation of insurance the contractor is to
carry. At a minimum the contractor should carry worker’s compensation, liability and
builder's risk insurance.
(c) Identifying the responsibility of the contractor – Responsibility and Warranty of Work.
(d) Price reduction for defective pricing of negotiated costs. (e) Differing site conditions - notice and claims regarding site conditions differing from
indicated conditions.
(f) Covenants against contingent fees - prohibit contingent fees for securing business.
(g) Gratuities - prohibitions against offering and accepting gratuities.
(h) Audit and access to records.
(i) Suspension of work - conditions under which the Owner may suspend work. (j) Termination - conditions under which the Owner may terminate the contract. (k) Remedies - procedures for resolving disputes.
5. Other Requirements
There may be other local government requirements and applicable Federal and State statutes
and regulations that are not accommodated by these conditions. It is the Applicant's
responsibility to ensure that the project and all contract provisions are consistent with the
relevant statutes and regulations.
6. Advertisements for Bids
State procurement statutes require advertising a contract for bids for at least two (2)
consecutive weeks. By not following this requirement, the project may need to be re-
advertised. The official advertisement for bids that is published in newspapers shall include
certain information such as, but not limited to, the following:
(a) A clear description of what is being procured.
(b) How to obtain plans and specifications (P&S) and necessary forms and information.
(c) The date and time by which bids are to be submitted (deadline). (d) The address where bids are to be provided. (e) This contract is contingent upon release of funds from the Texas Water Development
Board (TWDB).
(f) Any contract(s) awarded under this Invitation for Bids is/are subject to the United States
Iron and Steel (US I&S) requirements of Texas Water Code §17.183 and/or Texas Government Code, Chapter 2252, Subchapter F, as amended by SB 1289, 85th Legislative Session, as applicable. (NOTE: does not apply to SWIFT projects funded prior to May
1, 2019).
(g) Acknowledgement of any special requirements such as mandatory pre-bid conference.
(h) Right to reject any and all bids. (i) General bond requirements.
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Bid Proposal
The Bid Proposal form should account for the following:
(a) If lump sum bid, include a list of the materials used and associated costs.
(b) Distinguish eligible and ineligible items. (c) Accommodate trench safety requirements with separate per unit pay item for trench excavation safety protection, Health and Safety Code Chapter 756, Subchapter C.
(d) Include space for the Contractor to acknowledge receipt of each Addendum issued during
the bidding process.
7. Bidding Process
The Plans and Specifications (P&S) should include an explanation of how the bids will be
processed. The explanation should include the following components:
(a) Whether a pre-bid conference will be held, whether it is optional or mandatory, where
and when it will be held.
(b) Specify the criteria and process for determining responsiveness and responsibility of the bidder.
(c) Specify the method of determining the successful bidder and award (e.g., award to the
lowest responsive, responsible bidder, accounting for any multiple parts to bids) and
accounting for non-resident bidder reciprocity requirements.
(d) Allow for withdrawal of a bid due to a material mistake. (e) Identify the time frame that the bids may be held by the Applicant before awarding a
contract (e.g., typically for 60 or 90 days).
(f) Acknowledge right of the Applicant to reject any and all bids.
8. Release of Funds
(a) Submittal of Bid Documents to TWDB Project Engineer/Reviewer to allow contingent
award of contract:
(1) Advertisement and affidavit of advertisement. (2) Bid tabulation. (3) All addenda submitted and approved for the contract.
(4) Bid proposal of apparent low bidder (or chosen bidder, with explanation) with
bid bond.
(5) Site certificate (ED-101). (6) Consulting engineer’s recommendation to award letter. (7) A description of any bidding irregularities.
(8) Construction inspection proposal.
(9) Vendor Compliance with Reciprocity of Non-Resident Bidders Form (TWDB-
0459).
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(b) Following contingent award of the contract, TWDB Project Engineer/Reviewer should
receive a bound copy of the executed contract documents (including specifications). This
document should include:
(1) Executed agreement. (2) Contractor’s act of assurance (ED-103).
(3) Contractor’s act of assurance resolution (ED-104).
(4) Payment and Performance bond (must be executed on or after the date of
execution of the contract). (5) Contractor’s Certificate of Insurance.
(6) Sufficiency of funds letter (if the project is not 100% funded with TWDB
funds).
After reviewing and approving the executed bid documents, the TWDB will issue an authorization for the Applicant to issue a notice to proceed. At this time, TWDB staff
can begin releasing construction funds, in accordance with program specific
requirements.
For any questions or proposed modifications to these conditions, please contact your
TWDB Project Engineer/Reviewer.
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II. INSTRUCTIONS TO BIDDERS
The language and conditions listed in this section shall be included in the “Instructions to Bidders” section of the construction contract document.
1. Contingent Award of Contract
This contract is contingent upon release of funds from the Texas Water Development Board. Any contract or contracts 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. Neither the state of
Texas, nor any of its departments, agencies, or employees are or will be a party to this
Invitation for Bids or any resulting contract.
2. U.S. Iron and Steel (Does not apply to SWIFT Projects funded prior to May 1,
2019)
Any contract(s) awarded under this Invitation for Bids is/are subject to the United States Iron
and Steel requirements of Texas Water Code §17.183 and/or Texas Government Code,
Chapter 2252, Subchapter F, as amended by SB 1289, 85th Legislative Session. The contractor must complete the statement of understanding regarding this requirement, found
in the Supplemental Contract Conditions, Item No. 9. Refer to TWDB-1105 – United States
Iron and Steel (US I&S) Guidance.
3. 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 Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code.
4. 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.
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III. SUPPLEMENTAL CONTRACT CONDITIONS
1. Supersession
The Owner and the Contractor agree that the TWDB Supplemental Conditions apply to the work eligible for Texas Water Development Board assistance to be performed under this
contract and these clauses supersede any conflicting provisions of this contract.
2. Privity of Contract
Funding for this project is expected to be provided in part by a loan or grant from the Texas Water Development Board. Neither the state of Texas, nor any of its departments, agencies
or employees is, or will be, a party to this contract or any lower tier contract. This contract
is subject to applicable provisions in 31 TAC Chapter 363 in effect on the date of the
assistance award for this project.
3. Definitions
(a) The term “Owner” means the local entity contracting for the construction services.
(b) The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to
perform the functions of such Executive Administrator, or the authorized representative
thereof.
(c) The term “Engineer” means the Owner’s authorized consulting engineer for the project.
4. Laws to be Observed
In the execution of the contract, the Contractor must comply with all applicable local, state
and federal laws, including but not limited to laws concerned with labor, safety, minimum
wages, and the environment. The Contractor shall be familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances and regulations which
in any manner affect the conduct of the work, and shall indemnify and save harmless the
Owner, Texas Water Development Board, and their representatives against any claim arising
from violation of any such law, ordinance or regulation by the Contractor, their
Subcontractor or their employees.
5. Review by Owner and TWDB
(a) The Owner, authorized representatives and agents of the Owner, and the TWDB shall, at
all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and
other relevant data and records pertaining to this contract, provided, however that all
instructions and approval with respect to the work will be given to the Contractor only
by the Owner through authorized representatives or agents.
(b) Any such inspection or review by the TWDB shall not subject the state of Texas, or its representatives, to any action for damages.
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6. Performance and Payment Bonds
Each Contractor awarded a construction contract must furnish performance and payment
bonds:
(a) the performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices;
(b) the performance and payment bonds shall be in a penal sum of not less than 100 percent
of the contract price and remain in effect for one year beyond the date of approval by the Engineer of the political subdivision; and
(c) the Contractor shall utilize a surety company that is authorized to do business in Texas in
accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance
Code.
7. Payments Schedule and Cost Breakdown
(a) The Contractor shall submit for approval immediately after execution of the Agreement,
a carefully prepared Progress Schedule, showing the proposed dates of starting and
completing each of the various sections of the work, the anticipated monthly payments to become due to the Contractor, and the accumulated percent of progress each month.
(b) The following paragraph applies only to contracts awarded on a lump sum contract price:
COST BREAKDOWN - The Contractor shall submit to the Owner a detailed breakdown of
the estimated cost of all work to be accomplished under the contract, so arranged and
itemized as to meet the approval of the Owner or funding agencies. This breakdown shall
be submitted promptly after execution of the agreement and before any payment is made to
the Contractor for the work performed under the contract. After approval by the Owner the
unit prices established in the breakdown shall be used in estimating the amount of partial
payments to be made to the Contractor.
8. Workers’ Compensation Insurance Coverage (as applicable, consistent with
Texas Labor Code § 406.096)
(a) The Contractor shall certify in writing that they provide workers' compensation insurance
coverage for each employee of the Contractor employed on the public project.
(b) Each Subcontractor on the public project shall provide such a certificate relating to
coverage of the Subcontractor's employees to the general Contractor, who shall provide
the Subcontractor's certificate to the governmental entity.
(c) A Contractor who has a contract that requires workers' compensation insurance coverage
may provide the coverage through a group plan or other method satisfactory to the
governing body of the governmental entity.
(d) The employment of a maintenance employee by an employer who is not engaging in
building or construction as the employer's primary business does not constitute engaging
in building or construction.
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(e) In this section:
(1) "Building or construction" includes:
i. erecting or preparing to erect a structure, including a building, bridge,
roadway, public utility facility, or related appurtenance;
ii. remodeling, extending, repairing, or demolishing a structure; or iii. otherwise improving real property or an appurtenance to real property
through similar activities.
(2) "Governmental entity" means this state or a political subdivision of this state.
The term includes a municipality.
9. U.S. Iron and Steel (Does not apply to SWIFT Projects funded prior to May 1, 2019)
The following statement must be completed by the Contractor and made a part of the agreement between the Owner and the Contractor.
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 Water Development Fund, Rural Water Assistance Fund, Economically Distressed Areas, State
Participation Fund and/or Agricultural Water Conservation Fund. That these funds have
statutory requirements commonly known as “United States Iron and Steel” that requires all
of the iron and steel products used in the project to be produced in the United States (“United States 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 United States 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 United States 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 United States 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). 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.
In the execution of the Contract, the Contractor shall be familiar with and at all times shall observe and comply with all applicable federal, state, and local laws, ordinances and regulations concerned with the use of iron and steel made in the United States which in any
manner affect the conduct of the work, and shall indemnify and save harmless the Texas
Water Development Board against any claim arising from violation of any such law, ordinance or regulation by the Contractor or by their Subcontractor or their employees.
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Additional information on the United States Iron and Steel (US I&S) and its
applicability to this contract can be found in the TWDB-11005 guidance.
It is recommended the Owner receive and maintain files documenting the Contractor’s use of US I&S. Compliance with US I&S will be verified by the Owner through the
submittal of the TWDB form TWDB-1105-A.
10. Prevailing Wage Rates
This contract is subject to Government Code Chapter 2258 concerning payment of Prevailing Wage Rates. The Owner will determine what the general prevailing rates are in accordance
with the statute. The applicable provisions include, but are not limited to the following:
§2258.021. Right to be Paid Prevailing Wage Rates
(a) A worker employed on a public work by or on behalf of the state or a political subdivision
of the state shall be paid:
(1) not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the work is performed; and
(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.
(b) Subsection (a) does not apply to maintenance work.
(c) A worker is employed on a public work for the purposes of this section if the worker is employed by a Contractor or Subcontractor in the execution of a contract for the public
work with the state, a political subdivision of the state, or any officer or public body of
the state or a political subdivision of the state.
§2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty
(a) The Contractor who is awarded a contract by a public body or a Subcontractor of the
Contractor shall pay not less than the rates determined under Section 2258.022 to a
worker employed by it in the execution of the contract.
(b) A Contractor or Subcontractor who violates this section shall pay to the state or a political
subdivision of the state on whose behalf the contract is made, $60 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 contract. A public body awarding a contract shall specify this penalty in the contract.
(c) A Contractor or Subcontractor does not violate this section if a public body awarding a
contract does not determine the prevailing wage rates and specify the rates in the contract
as provided by Section 2258.022.
(d) The public body shall use any money collected under this section to offset the costs
incurred in the administration of this chapter.
(e) A municipality is entitled to collect a penalty under this section only if the municipality
has a population of more than 10,000.
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§2258. 024. Records
(a) A Contractor and Subcontractor shall keep a record showing: (1) the name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the public work; and
(2) the actual per diem wages paid to each worker.
(b) The record shall be open at all reasonable hours to inspection by the officers and agents
of the public body.
§2258. 025. Payment Greater Than Prevailing Rate Not Prohibited
This chapter does not prohibit the payment to a worker employed on a public work an amount greater than the general prevailing rate of per diem wages.
11. Employment of Local Labor (only applicable to projects funded by EDAP)
The Contractor shall, to the maximum feasible extent, employ local labor for construction of
the project. The Contractor and every Subcontractor undertaking to do work on the project which is, or reasonably may be done as on-site work, shall employ qualified persons who regularly reside within the political subdivision boundary of the Owner and the economically
distressed area where the project is located (Texas Water Code, Section 17.183).
12. Payments
(a) Progress Payments:
(1) The Contractor shall prepare their requisition for progress payment as of the
last day of the month and submit it, with the required number of copies, to the
Engineer for review. Except as provided in paragraph (3) of this subsection, the amount of the payment due the Contractor shall be determined by adding to
the total value of work completed to date, the value of materials properly stored
on the site and deducting: (1) five percent (5%) minimum of the total amount,
as a retainage and (2) the amount of all previous payments. The total value of
work completed to date shall be based on the actual or estimated quantities of work completed and on the unit prices contained in the agreement (or cost
breakdown approved pursuant to section 7b relating to lump sum bids) and
adjusted by approved change orders. The value of materials properly stored on
the site shall be based upon the estimated quantities of such materials and the
invoice prices. Copies of all invoices shall be available for inspection by the Engineer.
(2) The Contractor shall be responsible for the care and protection of all materials
and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver
of the right of the Owner to require the fulfillment of all terms of the Contract
and the delivery of all improvements embraced in this contract complete and
satisfactory to the Owner in all details.
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(3) This clause applies to contracts when the Owner is a District or Authority. The
retainage shall be ten percent of the amount otherwise due until at least fifty
percent of the work has been completed. After the project is fifty percent
completed, and if the District or Authority’s Board finds that satisfactory
progress is being made, then the District may authorize any of the remaining progress payments to be made in full. The District is not obligated to pay
interest earned on the first 50% of work completed (Texas Water Code Sec.
49.276(d)).
(4) The five percent (5%) retainage of the progress payments due to the Contractor
may not be reduced until the building of the project is substantially complete
and a reduction in the retainage has been authorized by the TWDB.
(b) Withholding Payments. The Owner may withhold from any payment otherwise due the
Contractor so much as may be necessary to protect the Owner and if so elects may also
withhold any amounts due from the Contractor to any Subcontractors or material dealers,
for work performed or material furnished by them. The foregoing provisions shall be
construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and their Subcontractors or
Material dealers, or to withhold any monies for their protection unless the Owner elects
to do so. The failure or refusal of the Owner to withhold any monies from the Contractor
shall in no way impair the obligations of any surety or sureties under any bond or bonds
furnished under this contract.
(c) Payments Subject to Submission of Certificates. Each payment to the Contractor by the
Owner shall be made subject to submission by the Contractor of all written certifications
required of the Contractor, their Subcontractors and other general and special conditions elsewhere in this contract.
(d) Final Payment.
(1) Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the Contractor shall execute and deliver to the Owner a
release of all claims against the Owner arising under, or by virtue of, this
contract, except claims which are specifically exempted by the Contractor to be
set forth therein. Unless otherwise provided in this contract, by state law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of this contract shall not constitute
a waiver of the Owner' s claims against the Contractor or their sureties under
this contract or applicable performance and payment bonds.
(2) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare their requisition for final payment which
shall be based upon the carefully measured or computed quantity of each item
of work at the applicable unit prices stipulated in the Agreement or cost
breakdown (if lump sum), as adjusted by approved change orders. The total amount of the final payment due to the Contractor under this contract shall be
the amount computed as described above less all previous payments.
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(3) The retainage and its interest earnings, if any, shall not be paid to the Contractor
until the TWDB has authorized a reduction in, or release of, retainage on the
contract work.
(4) Withholding of any amount due to the Owner, under general and/or special
conditions regarding "Liquidated Damages" shall be deducted from the final
payment due the Contractor.
13. Archaeological Discoveries and Cultural Resources
No activity which may affect properties listed or properties eligible for listing in the National Register of Historic Places or eligible for designation as a State Archeological Landmark is authorized until the Owner has complied with the provisions of the National Historic
Preservation Act and the Antiquities Code of Texas. The Owner has previously coordinated
with the appropriate agencies and impacts to known cultural or archeological deposits have
been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction.
If archeological sites or historic structures which may qualify for designation as a State
Archeological Landmark according to the criteria in 13 TAC Chapter 26, or that may be eligible for listing on the National Register of Historic Places in accordance with 36 CFR Part 800, are discovered after construction operations are begun, the Contractor shall
immediately cease operations in that particular area and notify the Owner, the TWDB, and
the Texas Historical Commission, 1511 N. Colorado St. , P. O. Box 12276, Capitol Station,
Austin, Texas 78711-2276. The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the State Historic Preservation Officer
and any other appropriate agencies to obtain any necessary approvals or permits to enable
the work to continue. The Contractor shall not resume work in the area of the discovery until
authorized to do so by the Owner.
14. Endangered Species
No activity is authorized that is likely to jeopardize the continued existence of a threatened
or endangered species as listed or proposed for listing under the Federal Endangered Species
Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to
destroy or adversely modify the habitat of such species.
If a threatened or endangered species is encountered during construction, the Contractor shall
immediately cease work in the area of the encounter and notify the Owner, who will
immediately implement actions in accordance with the ESA and applicable State statutes.
These actions shall include reporting the encounter to the TWDB, the U.S. Fish and Wildlife
Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or
permits to enable the work to continue, or implement other mitigation actions. The
Contractor shall not resume construction in the area of the encounter until authorized to do
so by the Owner.
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15. Hazardous Materials
Materials utilized in the project shall be free of any hazardous materials, except as may be
specifically provided for in the specifications.
If the Contractor encounters existing material on sites owned or controlled by the Owner or
in material sources that are suspected by visual observation or smell to contain hazardous
materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner
will be responsible for the testing and removal or disposal of hazardous materials on sites
owned or controlled by the Owner. The Owner may suspend the work, wholly or in part
during the testing, removal or disposal of hazardous materials on sites owned or controlled
by the Owner.
16. Changes
*Provisions identified with an asterisk below are consistent with Local Government Code
271.060. Counties and Municipalities may modify the identified provisions, when applicable,
to conform to Local Government Code 262.031 (Counties) or 252.048 (Municipalities).
(a) The Owner may at any time, without notice to any surety, by written order designated or
indicated to be a change order, make changes in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and designs);
(2) In the time, method or manner of performance of the work;
(3) To decrease or increase the quantity of work to be performed or materials,
equipment or supplies to be furnished;
(b) *The total price of a contract may not be increased by a change order unless provision
has been made for the payment of the added cost by the appropriation of current funds or
bond funds for that purpose, by the authorization of the issuance of certificates, or by a
combination of those procedures.
(c) *A contract with an original contract price of $1 million or more may not be increased
by more than 25 percent. If a change order for a contract, with an original contract price
of less than $1 million, increases the contract amount to $1 million or more, subsequent
change orders may not increase the revised contract amount by more than 25 percent.
(d) *A governing body may grant authority to an official or employee responsible for
purchasing or for administering a contract to approve a change order that involves an
increase or decrease of $50,000 or less.
(e) Changes that involve an increase in price will be supported by documentation of the cost
components. For projects funded through the EDAP program, or with grant proceeds,
TWDB staff may request this information to be provided in a format equivalent to the Cost and Pricing Information form (No. WRD-277).
(f) Any change orders involving a change in the project requiring a relocation of project
components, sizing, or process may require additional environmental approval. A map
and description of the proposed changes should be sent to the TWDB Environmental
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Reviewer for coordination and approval as soon as possible to avoid any delay.
17. Operation and Maintenance Manuals and Training
(a) The Contractor shall obtain installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after
approval of shop drawings, product data, and samples, and not later than the date of
shipment of each item of equipment to the project site or storage location.
(b) The Owner shall require the Engineer to promptly review each manual submitted, noting
necessary corrections and revisions. If the Engineer rejects the manual, the Contractor
shall correct and resubmit the manual until it is acceptable to the Engineer as being in
conformance with the design concept of the project and for compliance with information given in the contract documents. Owner may assess Contractor a charge for reviews of same items in excess of three (3) times. Such procedure shall not be considered cause
for delay.
(c) Acceptance of manuals by Engineer does not relieve Contractor of any requirements of
terms of Contract.
(d) The Contractor shall provide the services of trained, qualified technicians to check final
equipment installation, to assist as required in placing same in operation, and to instruct
operating personnel in the proper manner of performing routine operation and
maintenance of the equipment.
(e) Operations and maintenance manuals specified hereinafter are in addition to any
operation, maintenance, or installation instructions required by the Contractor to install,
test, and start-up the equipment.
(f) Each manual is to be bound in a folder and labeled to identify the contents and project to
which it applies. The manual shall contain the following applicable items:
(1) A listing of the manufacturer's identification, including order number, model,
serial number, and location of parts and service centers.
(2) A list of recommended stock of parts, including part number and quantity.
(3) Complete replacement parts list.
(4) Performance data and rating tables.
(5) Specific instructions for installation, operation, adjustment, and maintenance.
(6) Exploded view drawings for major equipment items.
(7) Lubrication requirements.
(8) Complete equipment wiring diagrams and control schematics with terminal
identification. 18. As-built Dimensions and Drawings
(a) Contractor shall make appropriate daily measurements of facilities constructed and keep
accurate records of location (horizontal and vertical) of all facilities.
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(b) Upon completion of each facility, the Contractor shall furnish the Owner with one set of
direct prints, marked with red pencil, to show as-built dimensions and locations of all
work constructed. As a minimum, the final drawings shall include the following:
(1) Horizontal and vertical locations of work.
(2) Changes in equipment and dimensions due to substitutions.
(3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
19. Close-Out Procedures
To close-out the contract and release final retainage, the following steps must be completed:
(a) TWDB Staff must conduct a construction contract final inspection (CCFI). (b) The following submittals must be received, reviewed, and accepted by TWDB:
(1) The final change order, adjustment of quantities, or a statement that all change
orders have previously been submitted and there will be no more change orders;
(2) The final pay request from the Contractor; (3) An affidavit by the Contractor that all bills have been paid; (4) Certification by the consulting Engineer that the work has been completed and
was constructed in accordance with the approved plans and specifications and
sound engineering principles and construction practices;
(5) Acceptance of the project by the Owner in the form of a written resolution or other formal action; (6) Notification of the beginning date of the warranty period for the contract; and
(7) Confirmation that the Owner has received as-built drawings from the
Contractor.
(8) Certificate of Compliance with U.S. Iron and Steel Requirements (TWDB-1105A)
(c) TWDB will issue a Certificate of Approval allowing the release of retainage.
IV. FORMS AND GUIDANCE LIST
The following documents, mentioned throughout this guidance are available on the TWDB website
at: http://www.twdb.texas.gov/financial/instructions/index.asp
Forms:
The following forms must be included in the bid documents:
Contractor' s Act of Assurance (ED-103)
Contractor' s Act of Assurance Resolution (ED-104)
Certificate of Compliance with U.S. Iron and Steel Requirements (TWDB-1105A)
Site Certificate (ED-101)
Vendor Compliance with Reciprocity of Non-Resident Bidders (TWDB-0459).
Guidance Document:
United States Iron and Steel Guidance (TWDB-1105)
Docusign Envelope ID: 3AA2053B-0327-43C7-AD9D-576E2D69171D
Certificate Of Completion
Envelope Id: 3AA2053B-0327-43C7-AD9D-576E2D69171D Status: Completed
Subject: Please Docusign: City Council Contract 8590 CMAR Preconstruction RRWTP Amendment #1
Source Envelope:
Document Pages: 25 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
1/22/2026 2:06:36 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
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(None)
Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
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Jeffry Polak
jpolak@walshgroup.com
Business Group Leader, VP
The Walsh Group
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ID: 30d24216-75eb-43ae-9d5e-a743d618ed99
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Stephen Gay
Stephen.Gay@cityofdenton.com
General Manager
Water Utilities
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
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City Manager
City of Denton
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Ingrid Rex
ingrid.rex@cityofdenton.com
City Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Grady Hill
ghill@walshgroup.com
PM
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Katie Koch
katherine.koch@cityofdenton.com
Project Manager
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ID: e0f9e8c3-c5a5-4bf7-a88f-996b19c78b03
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jeffry Polak, Stephen Gay, Grady Hill, Katie Koch
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