CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

CITY OF BURNET

ON

Portable Generator Grant Project

TDEM-HMGP DR 4705-0013

RFP 2026-011-CIPWT-2026B

October 2026

GLS NO. 613020

4077 CROSS PARK DR. • SUITE 100 • BRYAN, TEXAS • 77802

(979) 776-9700 • FAX (936) 637-6330 • jrusk@glstexas.com

TBPE FIRM REGISTRATION #413

mailto:jrusk@glstexas.com

AND

TECHNICAL SPECIFICATIONS

FOR

CITY OF BURNET

ON

Portable Generator Grant Project

TDEM-HMGP DR 4705-0013

August 2026

OWNER:

ENGINEER:

City of Burnet 301 E. Jackson St.

P.O. Box 1369 Burnet, Texas 78611

GLS

4077 Cross Park Dr., Ste. 100

Bryan, Texas 77802

(979) 776-9700

GLS NO. 613018

TBPE FIRM REGISTRATION #413

10/05/2026

CITY OF BURNET

Portable Generator Grant Project

TABLE OF CONTENTS

BIDDING DOCUMENTS

Advertisement to Bid Instructions to Bidders Bid Summary Bid Schedule Bid Bond Qualifications Statement Contractors Compliance with Worker’s Compensation Law Non-Collusion Affidavit of Prime Bidder Certification Regarding Lobbying Disclosure of Lobbying Activities Sales Tax Notice to Contractors

Notice of Award Form of Agreement Notice to Proceed Performance Bond Payment Bond Maintenance Bond Contractors’ Application for Payment Certificate of Substantial Completion Certificate of Insurance General Conditions Federal Certifications Addendum for Agreement Funded by U.S. Federal Grant Change Order No Boycott Forms Senate Bill 252 Form Federal Contract Provisions

TECHNICAL SPECIFICATIONS

26 20 00 Electrical Basic Materials and Methods 26 32 16 Emergency Generator

613020 TABLE OF CONTENTS

BID DOCUMENTS

ADVERTISEMENT FOR BIDS

RFP 2026-011

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers. All rights reserved.

General Notice

City of Burnet (Owner) is requesting Bids for the construction of the following Project

TDEM-HMGP DR 4705-00213; Portable Generator Grant Project

Bids for the construction of the Project will be received at the City of Burnet, located at 301 E. Jackson St. Burnet, Texas 78611 until November 19, 2026 at 11:00 a.m. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work: Supply and installation of 10 manual transfer switches and two mobile generators

Bids are requested for the following Contract: TDEM WATER TREATMENT PLANT & RAW WATER PUMP STATION

EMERGENCY GENERATOR UPGRADE

The deadline for submitting requests for information (RFI’s) is November 16, 2026 at 11:00 a.m.

Obtaining the Bidding Documents Information and Bidding Documents for the Project can be found at the following designated website:

civcast.com / CIPWT-2026B Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

PRE-BID CONFERENCE

A pre-bid conference for this Project will be held on October 22, 2026 at 11:00 a.m. at the Via Teams:

Meeting ID: 262 831 245 823 889 Passcode: a7kq7xi9 Attendance at the pre-bid conference is encouraged but not required.

Instructions to Bidders.

Product Anticipated Lead Times for all new equipment and labor are to be stated in print and enclosed with the respective bid submitted by all bidders to/for the City of Burnet Generator Grant Project.

A 5% Bid Bond is needed along with the Bid, and selected contractor shall furnish Payment, Performance, and Maintenance Bonds upon award.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Burnet By: Eric Belaj, PE, CFM Title: City Engineer Date: October 2026

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Domestic Preference for Procurements

Article 23— Byrd Anti-Lobbying

Article 24— Prohibition on Contracting for Covered Telecommunications Equipment or Services

Article 25— MWBE Affirmative Outreach Steps

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, must be submitted along with the bid, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference will be held, reference advertisement.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretation, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. None

Owner will make copies of these other Site-related documents available to any Bidder on request.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, E. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit is scheduled following the pre-bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

E. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

F. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 7—INTEFIELD REPRESENTATIVEETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Refer to contact information listed on bidding website for questions.

7.03 Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretation or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—RESERVED

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, A. All Subcontractors and Suppliers.

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

13.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

D. Bids will be evaluated based on Tx LGC 250.043, to include safety history.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

18.08 Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) by Bidders: Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the Owner may not award the contract to a bidder unless the bidder has provided to the Owner a completed, signed and notarized TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the Owner prior to the award of the contract. For purposes of completing the TEC Form 1295, the entity’s name is the Eastland County Water Supply District; the contract ID number is 8317;

and the description of goods and services is TDEM Water Treatment Plant & Raw Water Pump Station Emergency Generator Upgrade. Neither the Owner nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner for whom the project is being completed is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—DOMESTIC PREFERENCE FOR PROCUREMENTS

22.01 The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.”

ARTICLE 23—BYRD ANTI-LOBBYING

23.01 Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency.”

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 24—PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES

24.01 Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause.

24.02 Prohibitions

A. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

B. Unless an exception in paragraph (C) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

iii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

24.03 Exceptions.

A. This clause does not prohibit contractors from providing

i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 25.

ii. 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 handles.

B. By necessary implication and regulation, the prohibitions also do not apply to:

i. Covered telecommunications equipment or services that:

a. Are not used as a substantial or essential component of any system; and

b. Are not used as critical technology of any system.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

24.04 Reporting requirement.

A. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (B)(ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

B. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

i. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

ii. Within 10 business days of submitting the information in paragraph (B)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended.

In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

24.05 Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments.

ARTICLE 25—MWBE AFFIRMATIVE OUTREACH STEPS

25.01 Affirmative steps must include:

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (A) through (E) of this section.

SECTION 00 41 14

BID SUMMARY

OWNER: City of Burnet 1001 Buchannan Dr., Ste. 4 Burnet, Texas 78611

ENGINEER: GLS

4077 Cross Park Dr., Ste. 100 Bryan, Texas 77802

(979) 776-9700

PROJECT: TDEM-HMGP DR 4705-0026

Generator Grant Projects

TOTAL AMOUNT OF GENERAL ITEM—IN

WORDS

DOLLARS ($ )

TOTAL AMOUNT OF CHEATHAM WATER WELLS—

IN WORDS

TOTAL AMOUNT OF INDUSTRIAL LIFT STATION—IN

TOTAL AMOUNT OF HOSPITAL LIFT STATION—IN

TOTAL AMOUNT OF VANDERVENTER LIFT

STATION—IN WORDS

TOTAL AMOUNT OF HIGHLAND OAKS LIFT STATION—IN

TOTAL AMOUNT OF FOX CROSSING LIFT STATION—IN

TOTAL AMOUNT OF HC BANK LIFT STATION—IN WORDS

TOTAL AMOUNT OF CAF AIRPORT LIFT STATION—IN

TOTAL AMOUNT OF DENNY FOX LIFT STATION—IN

TOTAL AMOUNT OF BASE BID– IN WORDS

DOLLARS ($ )

TOTAL AMOUNT OF ALTERNATE BID – IN WORDS

DOLLARS ($ )

TOTAL AMOUNT OF BASE BID & ALTERNATE BID – IN

BIDDER:

SIGNED:

ADDRESS: BY:

TITLE:

DATE:

TELEPHONE

NO: ( ) - ATTEST:

BID SCHEDULE

Portable Generators - Grant Project

TDEM-HMGP DR 4705-0013

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

Payment, Performance, and Maintenance Bonds and Insurance including all related items, & appurtenances, complete in place.

1 LS

Mobile Generator including trailer, tool kit, cords, spare tire, fuel tank, & appurtenances, complete in place

2 EA

General

TOTAL General………………………………............................ $

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

2 EA

Fused disconnect including fuses and all related items, & appurtenances, complete in place

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

2 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place relating to alternate items.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place relating to alternate items.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Security fence including gate and all related items, & appurtenances, complete in place

200 LF

Cheatham Water Wells

Industrial Lift Station

TOTAL (Base Bid Package)………………………………............................ $

TOTAL (Base Bid Package)………………………………............................ $

Hospital Lift Station

BID SCHEDULE

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Fused disconnect including fuses and all related items, & appurtenances, complete in place

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Security fence including gate and all related items, & appurtenances, complete in place

270 LF

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Fused disconnect including fuses and all related items, & appurtenances, complete in place

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Security fence including gate and all related items, & appurtenances, complete in place

220 LF

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place.

1 LS

TOTAL (Base Bid Package)………………………………............................ $

Vanderventer Lift Station

TOTAL (Base Bid Package)………………………………............................ $

Highland Oaks Lift Station

TOTAL (Base Bid Package)………………………………............................ $

Fox Crossing Lift Station

BID SCHEDULE

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Fused disconnect including fuses and all related items, & appurtenances, complete in place

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances, complete in place

1 EA

Site light including circuit breaker, conduit, wiring, fixture and all related items, & appurtenances, complete in place

1 EA

Security fence including gate and all related items, & appurtenances, complete in place

220 LF

Site prep and grading including all related items, & appurtenances, complete in place.

1 LS

Grounding for including all related items, & appurtenances, complete in place.

1 LS

Mobilization including all related items, & appurtenances, complete in place

1 LS

Conduit and wiring including all related items, & appurtenances, complete in place.

1 LS

Manual transfer switch including all related items, & appurtenances, complete in place.

1 EA

Fused disconnect including fuses and all related items, & appurtenances, complete in place

1 EA

Lightning arrestor including all related items, & appurtenances, complete in place

1 EA

Control rack including all related items, & appurtenances,…