This project includes expanding the existing Pecan Creek Water Reclamation Plant in Denton, TX. The City of Denton is the project owner, Kimley-Horn is the design engineer, and Sundt Construction is the CMAR.
Project will be broken into three separate GMP packages, GMP 1 scope includes:
- Site mobilization activities including laydown area development
- Hauling and disposal of “overs” stockpile(s)
- Shoring design/installation for a deep headworks structure
- Mass excavation of all onsite structures (headworks/lift station, BNR/MBR, EQ Pond, blower building, thickening/dewatering building, digesters and associated heat exchanger building, UV disinfection structure, etc.)
- Dewatering system design, installation, and maintenance for the mass excavations and trenches for underground pipe installation
- Installation of large diameter sewer interceptors and miscellaneous yard piping
Please email all RFI’s to Curt Klepper (caklepper@sundt.com). RFI responses will be send out via BuildingConnected.
This contract is contingent upon the release of funds from the Texas Water Development Board (TWDB). Any contract(s) awarded under this Invitation to Bid is/are expected to be funded in part by a loan or loan with principal forgiveness from the TWDB and a grant from the United States Environmental Pro-tection Agency (EPA). Neither the State of Texas, the EPA, nor any of its departments, agencies, or em-ployees are or will be a party to this Invitation to Bid or any resulting contract.
Any contract(s) awarded under this Invitation for Bids is/are subject to the Build America, Buy America (BABA) Act requirements of Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021. Bidder must complete the statement of understanding regarding this requirement, found in the Supplemental Contract Conditions, Item No. 10. The Statement of Understanding must be signed by Bidder.
Each bidder must furnish a bid guarantee equivalent to five percent (5%) of the bid price (Water Code 17.183). If a bid bond is provided, the Contractor must utilize a surety company that is authorized to do business in Texas in accordance with Surety Bonds and Related Instruments, Chapter 3503 of the Insurance Code.
Davis Bacon prevailing wage requirements apply to the construction, alteration, or repair of treatment works being carried out, on whole or in part, with assistance made available by the Clean Water State Revolving Fund Programs (CWSRF).
The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (in-cluding painting) of a treatment works project under the CWSRF. For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under provisions of the Contract Wage Hours and Safety Standards Act (CWHSSA), as amended, pay laborers and me-chanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act may also apply to Davis-Bacon cov-ered contracts. Any contract in excess of $2,000 must include the provisions of the Davis-Bacon Wage Rate Require-ments. See Section III, Paragraph 11, Option 1 (governmental entities) and Option 2 (non-governmental entities) for contract clauses required for Davis-Bacon requirements. This information is also included in TWDB Guidance DB-0156, as follows (Applicant = Owner (sub-recipient)):
• If the Owner (sub-recipient) is a governmental entity such as a city of district, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 1: Section 3, Section 4 (if the contract exceeds $100,0000), and Section 5.
• If the Owner (sub-recipient) is a non-governmental entity such as a water supply corporation or a private company, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 2: Section 3, Section 4 (if the contract exceeds $100,0000), and Section 5.
The Owner (sub-recipient) must ensure all prime contracts require the same full text in any subcontract. See TWDB Guidance DB-0156 for the test of the contract language that must be included. Upon award of a subcontract the Bidder shall acknowledge that they understand and agree to the terms and conditions provided in Exhibit P – Davis Bacon Requirements and Wage Rates.
This contract is subject to the Environmental Protection Agency’s (EPA) Disadvantaged Business Enterprise (DBE) Program, which includes EPA-approved fair share goals towards procurement of Mi-nority and Women-owned Business Enterprise (M/WBE) businesses. EPA rules require that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and pro-curements to M/WBEs through demonstration of the six affirmative steps. For more details of the DBE Program and the current applicable fair share goals, please visit www.twdb.texas.gov/dbe.
Equal Employment Opportunity and Affirmative Action – All qualified applicants will receive considera-tion for employment without regard to race, color, religion, sex (including pregnancy), sexual orienta-tion, gender identity, national origin, age (40 or older), disability, or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to Construction Contractors–Affirmative Action Requirements, which include the President’s Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor/Bidder to carry out these requirements is a material breach, which may result in the ter-mination of the awarded financial assistance.
This contract is subject to the federal requirements of Subpart C of 2 CFR Part 180 and Part 1532 regarding Debarment and Suspension. Bidder shall comply with the assurances provided with the bid that leads to a contract.
This project is subject to American Iron and Steel (AIS) Requirements. Any contract(s) awarded under this Invitation for Bids (under the 2022 IUP or earlier) is/are subject to the American Iron and Steel (AIS) requirements of 33 U.S.C §1388 for Clean Water State Revolving Fund projects or Public Law 114- 113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Re-volving Fund projects. The Contractor must complete the statement of understanding regarding this re-quirement found in Exhibit V – AIS Certification. For additional information regarding AIS requirements, reference TWDB-1106 on the Texas Water Development Board website (www.twdb.texas.gov).
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) located at 41 CFR § 60-4.2:
1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Fed-eral Equal Employment Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade – N/A
Goals for female participation in each trade – 6.9%
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or fed-erally assisted) performed in the covered area. If the contractor performs construction work in a geo-graphical area located outside of the covered area, it shall apply the goals established for such geograph-ical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations re-quired by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contrac-tor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notifi-cation shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated stating and com-pletion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicitation, the “covered area” is Denton, TX.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (Effective August 13, 2020). The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (P.L. 115-232), at Section 889, prohibits EPA financial assistance recipients, including WIFIA borrowers, from ex-pending loan funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any sys-tem, or as critical technology as part of any system. As described in the Act, “covered telecommunica-tions equipment or services” means:
• Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
• For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecom-munications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
• Telecommunications or video surveillance services provided by such entities or using such equipment.
• Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
The Act does not prohibit:
• Procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements.
• Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise.
