NORTH TEXAS MUNICIPAL WATER DISTRICT

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

WYLIE WTP COMPLEX VALVE IMPROVEMENTS

PROJECT NO. 101-0672-25

BID NO. 26-184-CSP

Prepared By:

Pape-Dawson

TBPE Firm Registration No. F-470

6105 Tennyson Parkway, Suite 210

Plano, Texas 75024

NTMWD Contact Information:

Matthew Teems mteems@ntmwd.com

North Texas Municipal Water District Wylie WTP Complex Valve Improvements

Project No. 101-0672-25 prepared for

North Texas Municipal Water District prepared by

Pape-Dawson

6105 Tennyson Parkway, Suite 210 Plano, TX 75024

TPBE Firm Number 470

Divisions: 0, 1, 9, 31, 32, 33

Specs: 02 01 20, 03 34 13

KIM KEEFER

117744P

R O

FESSIONAL ENGIN

EERL ICENS ED

STATE OF TEXASSTATE OF TEXAS

P R

O

FESSIONA L ENGIN

EERL IC E NS E D

GREG A. VAUGHN

122593

August 10, 2026

8/10/2026

S

T

ATE OF TEXA

S

P R

O

F E

SSIONAL ENGI

N

E E

R

DESNECI

L

86913

CORBETT L. FREEMAN

08-07-2026

Table of Contents 00 01 10 - 1

NTMWD Project 101-0672-25 PAPE-DAWSON

00 01 10 TABLE OF CONTENTS

Division / Section

Title

Division 00 Procurement and Contracting Requirements 00 01 10 Table of Contents 00 11 19 Request for Competitive Sealed Proposals 00 21 16 Instructions to Proposers 00 42 16 Proposal Form 00 42 16.01 Proposal Form Exhibit A 00 42 24 Vendor Compliance to State Law 00 43 13 Proposal Security Form 00 43 43 Collin County Wage Rates 00 45 16 Proposer’s Qualifications Statement 00 52 13 Agreement (C-520) 00 54 34 Assignment of Procurement Contract 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 62 16 Certificate of Insurance 00 72 00 Standard General Conditions (C-700) 00 73 00 Supplementary Conditions (C-800)

Division 01 General Requirements 01 11 00 Summary of Work 01 29 00 Payment Procedures 01 31 00 Project Management 01 31 13 Project Coordination 01 31 13.13 Forms 01 31 24 Internet-Based Construction Management System 01 32 16 Construction Progress Schedule 01 32 33 Photographic Documentation 01 33 00 Submittals 01 35 00 Special Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 23 Temporary Stormwater Pollution Control 01 70 00 Execution and Closeout Requirements 01 71 13 Mobilization and Demobilization 01 73 29 Cutting and Patching 01 74 23 Final Cleaning 01 75 00 Starting and Adjusting 01 78 23 Operation and Maintenance Data 01 79 00 Contractor Safety Plan

Division 02 Existing Conditions 02 01 20 Protecting Existing Underground Utilities 02 31 16 Excavation and Backfill for Structures 02 32 00 Backfill Materials

Division 03 Concrete 03 05 00 Concrete Structures 03 11 00 Concrete Formwork 03 21 00 Reinforcing Steel 03 31 00 Structural Concrete

Table of Contents 00 01 10 - 2

03 34 13 Controlled Low Strength Material (CLSM) 03 35 00 Concrete Finishing 03 39 00 Concrete Curing 03 40 00 Precast Concrete 03 60 00 Structural Grout

Division 05 Metals 05 05 33 Anchor Systems 05 12 00 Structural Steel 05 50 00 Metal Fabrications

Division 09 Finishes 09 96 00 High Performance Coatings 09 97 16 Pipeline Coatings and Linings

Division 31 Earthwork 31 11 00 Clearing and Grubbing 31 22 00 Excavation, Backfill, Fill, Grading, and Embedment 31 23 23 Cement Stabilized Sand 31 41 33 Excavation Support and Shoring

Division 32 Exterior Improvements 32 92 19 Seeding

Division 33 Utilities 33 01 30.71 CFRP Lining for Water Pipeline Rehabilitation 33 05 25 Line Stop Assemblies and Operation 33 05 26 Thrust Restraint and Anchorage 33 10 13 Disinfecting of Water Utility Distribution 33 11 13.13 Steel Pipe and Fittings 33 11 19 PCCP Removal and Connection 33 12 16 Tapping Sleeves and Saddles for PCCP 33 12 16.16 Air Release and Air Vacuum Valves 33 12 16.23 Gate Valves (Small Diameter) 33 12 16.26 Butterfly Valves (Double-Offset) 33 12 25 Connection to Existing Water Mains 33 12 26 Temporary Bypass Pumping and Piping Systems

Appendix Appendix A Record Drawings (Digital Data Only)

Request for Competitive Sealed Proposals 00 11 19 - 1

00 11 19 REQUEST FOR COMPETITIVE SEALED PROPOSALS

NORTH TEXAS MUNICIPAL WATER DISTRICT

WYLIE, TEXAS

WYLIE WTP COMPLEX VALVE IMPROVEMENTS

General Notice

The North Texas Municipal Water District (Owner) is requesting Bids for the construction of the following Project:

Wylie WTP Complex Valve Improvements

26-184-CSP

101-0672-25

Proposals must be submitted electronically in Bonfire at ntmwd.bonfirehub.com no later than 2:00 pm on Thursday, September 24, 2026 to be accepted. The proposal opening will be held immediately following via conference call. The dial-in number is 1-844-621-3956 and the access code is 2663 657 8661.

A non-mandatory pre-proposal conference for the project will be held on 2:00 pm on Thursday, August 27, 2026 at 501 E Brown Street, Wylie, Texas 75098, Engineering Building Conference Room CR116. A site visit will be held immediately after the conclusion of the pre-proposal conference.

All questions regarding this proposal shall be submitted in writing, through Bonfire no later than 5:00 pm on Thursday, September 10, 2026. Questions received after the deadline may not be answered.

This project is located at North Texas Municipal Water District (NTMWD) Wylie Water Treatment Plant.

The project consists of improvements at the Wylie Water Treatment Plant focused on the repair and replacement of existing valves and associated infrastructure. Work includes removal of an existing valve, installation of new valves, and implementation of pipeline isolation measures. The project involves structural supports, bypass and line stop operations, erosion control, site grading, and all appurtenant work necessary to complete the valve improvements.

Owner anticipates that the Project’s total proposal price will be approximately $10,000,000 - $15,000,000.

Obtaining the Proposal Documents

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

ntmwd.bonfirehub.com

Proposal Documents may be downloaded from the designated website. Prospective Proposers are urged to register with the designated website as a plan holder, even if Proposal 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 Proposal for the Project. All official notifications, addenda, and other Proposal Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Proposal Documents, including addenda, if any, obtained from sources other than the designated website. All proposal submissions shall remain valid for no less than ninety (90) days.

Selection of the Contractor shall be made using a competitively sealed proposal process in accordance with Texas Government Code Chapter 2269.

http://ntmwd.bonfirehub.com/

Request for Competitive Sealed Proposals 00 11 19 - 2

Proposers must submit an acceptable Proposal Security in accordance with Paragraph 1.04 of Section 00 21 16 Instructions to Proposers.

Performance and Payment Bonds are required, each in an amount of not less than one-hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials.

It is the intent of NTMWD to award this Contract to the Proposer who provides the best value for NTMWD by the grading criteria set forth in the Proposal Documents. The North Texas Municipal Water District reserves the right to adopt the most advantageous interpretation of the proposals submitted in the case of ambiguity or lack of clearness in stating proposal prices, to reject any or all proposals, and/or waive formalities. Ranking of the Proposals will be completed in forty-five (45) days or less from the date of opening the proposals. Proposals may not be withdrawn within ninety (90) days from date on which proposals are opened.

Notice to Proceed is expected to be issued on Monday, November 9, 2026.

This Advertisement is issued by:

Owner: North Texas Municipal Water District By: Trey Benton, CTCD, CPPB, NIGP-CPP Title: Purchasing Agent

Instructions to Proposers 00 21 16 - 1

00 21 16 INSTRUCTIONS TO PROPOSERS

1.00 GENERAL

1.01 DEFINED TERMS

A. Terms used in these Instructions to Proposers have the meanings assigned to them in the General and Supplementary Conditions.

B. Bonfire - North Texas Municipal Water District uses Bonfire, an online bidding software, as the Bidding Documents Website to advertise bid opportunities, distribute Bidding Documents and Addenda, received questions, and accept electronic bid submissions. Bonfire can be accessed via https://ntmwd.bonfirehub.com.

C. Proposer – An individual or entity that submits a Proposal to Owner. For the purposes of these Proposal Documents, the word “Proposer” shall be synonymous with the terms “Offeror” and “Bidder”.

D. Proposal – Proposer’s formal offer which conforms to the requirements set forth in the Proposal Documents. For the purposes of these Proposal Documents, the word “Proposal” shall be synonymous with the terms “Offer” and “Bid”.

E. Proposal Documents – The Proposal Requirements, the proposed Contract Documents and all Addenda. For the purposes of these Proposal Documents, the word “Proposal Documents” shall be synonymous with the term “Bidding Documents”.

F. Issuing Office – The office responsible for issuing the Bidding Documents and related procurement communications for the project. Unless otherwise stated in the Advertisement for Bids, the Issuing Office is the NTMWD Procurement Department, acting on behalf of the owner.

G. Proposal Requirements – The Request for Competitive Sealed Proposals, Instructions to Proposers, Bid Bond or other Proposal Security, the Proposal with any attachments. For the purposes of these Proposal Documents, the word “Proposal Requirements” shall be synonymous with the term “Bidding Requirements”.

H. Successful Proposer – The Proposer to whom the Owner makes an award of Contract.

1.02 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Proposal Documents may be obtained as indicated in Section 00 11 19, Request for Competitive Sealed Proposals.

B. Examine the Proposal Documents, make observations and investigations, correlate knowledge and observations with the requirements of the Proposal Documents and consider these in preparation of a Proposal for the Project.

1. Read the Proposal Documents and related technical data and reports thoroughly. Use a complete set of Proposal Documents in preparing Proposals. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete Proposal Documents.

2. Become familiar with general, local and site conditions that may affect cost, progressor performance of the work in any manner.

3. Become familiar with federal, state and local laws, ordinances, rules and regulations affecting cost, progress or performance of the Work.

https://ntmwd.bonfirehub.com/portal/?tab=openOpportunities

Instructions to Proposers 00 21 16 - 2

C. Surveys and investigation reports of subsurface or latent physical conditions at the Site, or conditions or situations affecting the design of the Project used by Engineer in preparing the Contract Documents are referenced in the Supplementary Conditions. These reports are available for information only and neither the Owner nor Engineer guarantees their accuracy or that any opinions expressed in the report are correct.

D. Make additional surveys and investigations as necessary to determine the proposed price for performance of the work in compliance with the terms of the Contract Documents before submitting a Proposal. Cost for these investigations is to be paid by the Proposers.

E. Acknowledge sole responsibility for job site safety, including trench excavation and confined space entry safety, by the submission of a Proposal for this Project.

F. The submission of a Proposal is incontrovertible representation by the Proposer that he has complied with every requirement of this Section.

1.03 INTERPRETATIONS AND QUESTIONS

A. Proposers must submit all questions about the meaning or intent of the Proposal Documents and Contract Documents to the Issuing Office electronically via Bonfire by the posted question due date and time specified in Section 00 11 19 Request for Proposals.

B. Replies are issued by Addenda by the Issuing Office via Bonfire to all parties recorded as having received the Proposal Documents. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect.

C. Review the following guidelines for asking questions on the procurement website, Bonfire, before posting questions:

1. Read the Proposal Documents before posting a question. A response to the question that consists of a reference to the Proposal Documents is an indicator that the documents were not read prior to asking the question.

2. Read the previously posted questions before posting a similar question to avoid posting duplicate questions.

3. Post questions as discrete questions so an answer can be given to the specific question.

Multiple part questions may not be answered until all responses have been prepared.

4. Provide adequate information to allow a response to be made:

a. Reference the specific drawing or specification paragraph when asking a question using complete references e.g., section number/paragraph and drawing number/detail designations;

b. Provide a brief background to set the stage for your question so it will be clear why the question is being asked; and

c. Explain why the question is being asked.

5. Do not use this as a forum to request approval of an alternate product or construction process. Follow the provisions of the Contract Documents for this process.

6. Ask questions early. The deadline for posting questions will not be extended unless the date for receipt of Proposals is extended.

7. The procurement website is not a forum for offering opinions, expounding on theories of construction practices, or selling products.

Instructions to Proposers 00 21 16 - 3

8. Abuses of the question and answer forum may lead to an individual or company being barred from using the procurement website. Inappropriate questions or questions with unacceptable language may be deleted.

1.04 ADDENDA

A. Any interpretations, corrections, or changes to the Proposal Documents will be made by written addenda. Sole issuing authority shall be vested with the Issuing office. Addenda will be issued via Bonfire. It is the responsibility of the Proposer to ensure receipt of all addenda and acknowledge by signing and including with the Proposal submittal.

1.05 PROPOSAL SECURITY

A. Prior to the published Proposal closing date/time, each Proposal submitted shall be accompanied by a copy of the Proposer’s surety bond (Proposal Security) using Section 00 43 13 Proposal Security in an amount equal to not less than Five Percent (5%) of the greatest possible total amount of the proposal submitted, including any pre-procured or assigned material as a guarantee that, if awarded the Contract, the Proposer will enter into the Contract and execute all necessary bonds and provide evidence of all required insurance coverage. Proposal will only be received electronically via Bonfire. The Proposer shall submit a scanned.pdf (or other electronic format) copy of the original hard copy of the Proposal Security or Proposal guaranty with their Proposal PRIOR TO the specified Proposal closing date/time.

B. Proposal securities will be released when the contract award is made or Proposals are rejected.

1.06 CONTRACT TIME

A. Refer to Article 4 of the 00 52 13 Agreement for additional information regarding Contract time.

1.07 PREPARATION OF PROPOSALS

A. Proposer shall complete and submit the following documents on Bonfire. Templates for these documents may be downloaded in Microsoft Word format or portable document format (PDF) from the “Requested Information” section of the opportunity on Bonfire.

1. Statement of Qualifications: Complete and submit all required documents identified in Section 00 45 16 Proposer’s Qualifications Statement.

2. Proposal Security

3. Section 00 42 24 Vendor Compliance to State Law

4. Section 00 42 16 Proposal Form:

a. Complete and submit Section 00 42 16 Proposal Form.

b. Execute proposals by corporations in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign.

The corporate address and state of incorporation shall be shown below the signature.

c. Execute proposals by partnerships in the partnership name. Forms are to be signed by a partner. Print the name below the signature. Write the title of the Partner and show the official address of the partnership shown below the signature.

d. Acknowledge receipt of all Addenda on the Proposal form by signing beside the Addenda number.

5. Section 00 42 16.01 Proposal Form Exhibit A:

Instructions to Proposers 00 21 16 - 4

a. Proposal Form Exhibit A is available as fillable form in Excel format on Bonfire.

Proposer shall complete Proposal Form Exhibit A (Section 00_42_16.01) uploaded to Bonfire.

1.08 PREPARATION COSTS

A. NTMWD will not be liable for any costs associated with the preparation, transmittal, or presentation of any Proposal submitted in response to the request for competitive sealed proposals.

1.09 SUBMISSION OF PROPOSALS

A. Submit Proposals in Bonfire prior to the due date and time specified in Section 00 11 19 Request for Competitive Sealed Proposals. Bonfire will not allow submittals to be uploaded after the due date and time.

B. The submission of a Proposal is incontrovertible representation by the Proposer that he has complied with every requirement of this Section.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

A. Proposals can be modified on Bonfire or withdrawn from Bonfire prior to the Proposal submittal due date and time specified in Section 00 11 19 Request for Competitive Sealed Proposals.

B. A Proposer may withdraw its Proposal within 24 hours after Proposals are opened if Proposer files a 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 Proposal. The Proposal Security will be returned if it is clearly demonstrated to Owner that there was a material and substantial mistake in Proposer’s Proposal. A Proposer that requests to withdraw its Proposal under these conditions may be disqualified from responding to a reissued Request for Competitive Sealed Proposals for the Work to be furnished under these Contract Documents.

1.11 OPENING OF PROPOSALS

A. Proposals will be opened via conference call and the names of the Proposers and monetary proposals made by the Proposers will be read aloud by the Owner. Conference call information can be found in Section 00 11 19 Request for Competitive Sealed Proposals.

B. All Proposals shall remain open for ninety (90) days after the date of the Proposal submittal deadline.

1.12 EVALUATION OF PROPOSALS

A. Proposals shall be evaluated in accordance with Texas Government Code Chapter 2269, Contracting and Delivery Procedures for Construction Projects.

B. NTMWD will select the Proposer that offers the best value for NTMWD. In determining the best value, in addition to the Evaluated Proposal Price, NTMWD will also take the Proposer’s Project Approach, Experience of Proposer, Safety Record, and Experience and Qualifications of Key Personnel into consideration.

C. Proposals will be evaluated by the Selection Committee comprised of members selected by NTMWD. The Proposals will be evaluated using the following criteria:

Instructions to Proposers 00 21 16 - 5

Rating Category

Description Maximum

Point Value

A Proposer's Approach and Schedule 25

B Experience of Proposer and their Safety Record 10

C Experience and Qualifications of Proposer's Key Personnel 15

D Evaluated Price Proposal 50

Total 100

D. Evaluation for Rating Categories:

2. Rating Category A – Proposer’s Approach and Schedule

a. Proposer shall submit a detailed narrative on their approach toward completing the Project and a schedule showing Proposer’s plan to complete the Project by the Substantial Completion and Final Completion dates set forth in the Agreement and subject to the operational constraints and limitations defined by Section 01 35 00 Special Procedures. Narrative shall reflect Proposer's experience in creatively performing and executing the work to limit interruptions to the facility's normal operation. This item is paramount in evaluating the Rating Category A.

b. Proposer shall follow the instructions provided in Section 00 45 16 Statement of Qualifications, for providing the information required to evaluate the Rating Category A.

c. The Selection Committee members will evaluate the information provided for Ranking Category A per Section 00 45 16 Statement of Qualifications and assign up to a maximum of 25 points. All components will be utilized to judge qualifications to determine Proposer’s Project Approach and Schedule score. Scoring will be based on the completeness, quality, level of detail, and reasonableness of the information provided. More comprehensive and well-supported responses that clearly demonstrate the Proposer's ability to safely and successfully execute the Work, manage critical shutdowns, respond to unanticipated conditions, and achieve the proposed schedule will receive higher scores. Incomplete, vague, or minimally detailed responses will receive lower scores. The Project Approach and Schedule score will be based on the following evaluation criteria:

1) Project Approach Narrative (10 points maximum): The Selection Committee members will evaluate the Proposer’s Project Approach Narrative for completeness, clarity, and reasonableness in demonstrating how the proposed Work will be completed. Consideration will be given to the proposed means and methods of construction, sequence of work, staffing plan, number of crews proposed to work concurrently, equipment and other resources, use of subcontractors, quality control procedures, coordination with Owner personnel, and any other strategies and contingencies the Proposer intends to employ to efficiently complete the Work and achieve the proposed schedule despite common issues that may arise during construction.

2) Subcontractors and Suppliers (5 points maximum): The Selection Committee will evaluate the Proposer's list of proposed Subcontractors and Suppliers based on the completeness of the information provided, the identification of key

Instructions to Proposers 00 21 16 - 6 subcontractors and suppliers, the appropriateness of the proposed team for the Project, and the overall organization of the proposed project team.

3) Project Schedule (10 points maximum): The Selection Committee members will evaluate the proposed Project Schedule for completeness, level of detail, logical sequencing, timeliness, contingencies, and reasonableness in demonstrating the Proposer’s ability to successfully complete the Project within the proposed timeframe.

3. Rating Category B – Experience of Proposer and their Safety Record

a. Proposer shall provide their experience and safety record related information. Include any prior project experience with NTMWD. The Proposer’s experience shall reflect/include the type of work proposed.

b. Proposer shall follow the instructions provided in Section 00 45 16 Statement of Qualifications for providing the information required to evaluate the Rating Category B.

c. The Selection Committee members will objectively evaluate the information related to the experience of the Proposer in the Proposal and assign up to a maximum of 5 points.

d. The Selection Committee members will objectively evaluate the information related to the safety record in the Proposal and assign up to a maximum of 5 points.

4. Rating Category C – Experience and Qualifications of Proposer’s Key Personnel

a. Proposer shall provide the qualifications and experience, including years in service for each occupied position, of the proposed Project Manager, Superintendent, Quality Control Manager, Safety Manager and Commissioning Manager.

b. Proposer shall follow the instructions provided in Section 00 45 16, Proposer’s Qualifications Statement, for providing the information required to evaluate the Rating Category C.

c. The Selection Committee members will evaluate the information provided in the Proposal and assign up to a maximum of 15 points.

5. Rating Category D – Evaluated Price Proposal

a. Ranking of Category D includes the Proposer’s proposed Contract Price.

b. Proposer shall follow the instructions provided in this Section, Section 00 11 19 Instructions to Proposers, Section 00 42 16 Proposal Form, and Section 00 42 16.01 Proposal Form Exhibit A for submitting the proposed Contract Price.

c. Evaluation of Price Proposal (Rating Category D) will solely be based on the Total Proposed Contract Price submitted with the Proposal. Evaluation shall be based on the Base Bid items. However, NTMWD reserves the right to add Alternate Bid items if sufficient funding is available and NTMWD determines that doing so is in its best interest.

d. The responsive Proposal with the lowest proposed Contract Price will receive fifty

(50) points and will be the standard by which other Proposals are evaluated. Each of the other Price Proposals will be evaluated by taking the lowest proposed Contract Price and dividing it by the Proposal being evaluated. That fraction is then multiplied by fifty (50) to determine the Price Proposal score.

E. The Selection Committee members will individually score Ranking Categories A, B, and C initially based on their review of the Proposals received.

Instructions to Proposers 00 21 16 - 7

F. The Selection Committee members will not be present for the Proposals opening and will be provided with Price Proposal documents for evaluating the Rating Category D only after completing the evaluation of Ranking Categories A, B, and C.

G. Proposers shall be available to respond to any questions the Selection Committee may have on the Proposal and provide any additional information requested during the Proposals evaluation period.

H. Owner, at its discretion, may also choose to conduct interviews with the top-ranking Proposers to provide Proposers a better opportunity to demonstrate they can provide the best value to Owner for this Project. The top-ranking Proposers selected for an interview will be notified 72 hours in advance for interviews, as necessary.

2. Should Owner choose to conduct interviews, Proposers will be notified of:

a. The time and place for the interview;

b. Interview format and agenda;

c. Individuals that are expected to participate;

3. Failure to participate in the interview may result in disqualification from consideration for the Project.

I. The Proposals Evaluation Committee will complete and rank each submitted and accepted Proposal within forty-five (45) days after the date on which the Proposals are opened.

J. The Proposer with the highest points will be the selected Proposer. NTMWD will first attempt to negotiate a contract with the selected Proposer. NTMWD may discuss with the selected Proposer options for a scope modification and any price change associated with the modification.

K. If NTMWD is unable to negotiate a satisfactory contract with the selected Proposer, NTMWD, will, formally and in writing, end negotiations with that Proposer and proceed to the next Proposer in the order of the selection ranking until a Contract is reached or all proposals are rejected.

L. Not later than the seventh business day after the date the Contract is awarded, NTMWD will make the evaluations, including any scores, public and provide them to all Proposers.

1.13 CONFIDENTIALITY OF PROPOSAL INFORMATION

A. Owner is a governmental body subject to the limitation of Texas Government Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Proposers. Proposals will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Proposers and keeps the Proposals from the public until a Contract is awarded. Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

B. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document.

C. Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Proposer of the request and request a ruling by the Texas Attorney General as to whether any such information may be released as required by Chapter 552.

D. Proposer acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding

Instructions to Proposers 00 21 16 - 8 release of the information marked as confidential as provided by Chapter 552 and that if disclosure is required, Owner has no liability for releasing this information and Proposer will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.

E. The obligations of Owner as recipient with respect to confidential information under the terms of the Agreement are subject to the following exceptions:

2. If confidential information becomes a part of the public domain through publication or otherwise but through no fault of Owner;

3. Owner can demonstrate through suitable documentation that the confidential information was already in Owner’s possession or otherwise publicly available prior to the date of disclosure hereunder;

4. The confidential information is subsequently disclosed to Owner by a third party who has a lawful right to disclose such information; or

5. Owner is required to disclose the confidential information by court order or by applicable law.

F. If Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 552, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by the Agreement, Owner will provide Proposer with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

1.14 AWARD AND EXECUTION OF CONTRACT

A. Submission of a Proposal indicates Proposer’s acceptance of the evaluation technique and methodology as well as Proposer’s recognition that some subjective judgments must be made by Owner during the evaluation. Each Proposer agrees to waive any claim it has or may have against Owner, Engineer, Construction Manager and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Proposal.

B. Owner reserves the right, to reject any and all Proposals, including without limitation, non-conforming, non-responsive, or conditional Proposals; to reject the Proposal of any Proposer if Owner believes that it would not be in the best interest of Owner to make an award to that Proposer; and the right to waive all formalities.

C. 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 Proposer shall complete and submit Section 00 42 24, Vendor Compliance to State Law, with the Proposal.

D. A Notice to Proceed authorizing the Contractor to commence work will be issued after the Contract Documents have been executed.

1.15 WAGE RATES

A. Contractor must pay no less than the general prevailing rates for the Project location as determined in accordance with statutory requirements. These wage rates must match the most recent wage rates classified as “Heavy” construction type in the county the work is to be performed. Wage rates are available here.

https://sam.gov/search/?index=dbra&sort=-modifiedDate&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bkey%5D=TX&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bvalue%5D=Texas&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bkey%5D=14837&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bvalue%5D=Collin

Instructions to Proposers 00 21 16 - 9

1.16 BONDS

A. Performance and Payment are required for this project and shall be provided in accordance with the General Conditions and Section 00 61 13.13 and Section 00 61 13.16.

1.17 SALES TAXES

A. The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas.

Owner's purchasing department will issue exemption certificates. Comply with all statutes and rulings of the State Comptroller.

1.18 PRE-BID SOILS INVESTIGATION

A. In the event Proposers desire soils data using backhoe, drilling rig, or other equipment, the following procedure will be required:

1. Proposers desiring this information shall contact Matthew Teems, or John Fred Montgomery, at the North Texas Municipal Water District office in Wylie, Texas at (972) 442-5405.

2. The soils investigation will be done only one time. The time and locations will be coordinated with the Owner.

3. The soils investigation will be entirely at the Proposer’s expense.

1.19 ALTERNATE BID ITEMS

A. The following are alternate bid items and may be added to or deleted from the contract by the Owner. The work includes furnishing all materials, tools, equipment, transportation, services and all labor and superintendence for the construction as indicated in the Contract Documents.

Alternate # Description

1 Remove ISO-112 Valve and Rehab with CFRP Lining

1.20 PROHIBITION ON BOYCOTTING ISRAEL

A. A Texas Government Code Chapter 2271, Prohibits on Contracts with Companies Boycotting Israel. On a contract with a company with 10 or more full-time employees and a contract value of $100,000 or more that is to be paid wholly or partly from public funds, a governmental entity may not enter into said contract with a company for goods or services unless the contract contains written verification from the company that: (I) it does not boycott Israel; and (ii) will not Boycott Israel during the term of the contract.

B. “Boycott Israel” is defined in Section 808.001(1) of the Texas Government Code and means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined in Section 808.001(2) of the Texas Government Code and means a for-profit sole

Instructions to Proposers 00 21 16 - 10 proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, ma subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

C. Contractor verifies that it does not Boycott Israel and will not Boycott Israel (as that term is defined in Texas Government Code Section 808.001(1) during the term of the contract.

1.21 FOREIGN TERRORIST ORGANIZATION

A. Contractor represents that (1) (a) it does not engage in business with Iran, Sudan, or any other foreign terrorist organization and (b) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have a contract with or provide supplies or services to a foreign terrorist organization, or (2) the United States government has affirmatively declared Bidder/Proposer/Contractor to be excluded from its federal sanctions regimes relating to Sudan, Iran, or any “foreign terrorist organization” shall have the meaning given to such term in Section 2252.151, Texas Government Code.

1.22 AUDIT

A. The Contractor agrees that NTMWD shall have access to, and the right to audit, examine, or reproduce, any and all records of the Contractor related to the performance under this Contract. The Contractor shall retain all such records for a period of three (3) years afterfinal payment on this Contract or until all audit and litigation matters that NTMWD has brought to the attention of the Contractor are resolved, whichever is longer. The Contractor agrees to refund to NTMWD any overpayments disclosed by any such audit.

1.23 DISCLOSURE OF CERTAIN RELATIONSHIPS

A. A person or business, and their agents, who contract with NTMWD or seek to contract with NTMWD for the sale or purchase of goods, services or property; are required by Texas Local Government Code, Chapter 176, to file a Conflicts Disclosure Questionnaire (FORM CIQ), if applicable, created by the Texas Ethics Commission, which is available online at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf. The form must be filed with NTMWD no later than seven (7) days after the date the person or business begins contract discussions or negotiations with NTMWD, or submits an application, response to a bid, correspondence, or other writing related to a potential agreement with NTMWD for the sale or purchase of goods, services or property.

1.24 DISCLOSURE OF INTERESTED PARTIES

A. By submitting a bid in response to this solicitation, the Proposer agrees to comply with HB 1295, Government Code 2252.908. Proposer agrees to provide the Purchasing department, the “Certificate of Interested Parties”, Form 1295 as required, within ten (10) business days from notification of award, renewal, amended or extended contract.

1.25 PUBLIC INFORMATION ACT

A. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (The "Public Information Act").

1.26 PROHIBITED USE OF CERTAIN SOCIAL MEDIA AND SERVICES ON GOVERNMENT

DEVICES

A. In accordance with District policy and Texas State Law, all contractors and third parties must comply with Texas Government Code, Chapter 620, which prohibits specific applications and https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Instructions to Proposers 00 21 16 - 11 technologies. This includes, but is not limited to, a prohibition on Da-Jiang Innovations (“DJI”) branded drones. Texas Department of Information Resources (Texas DIR) maintains a current list of prohibited technologies and applications on their website. Failure to comply with this provision will result in immediate termination of the contract and may lead to additional legal action as deemed necessary by the District.

1.27 PROHIBITION ON BOYCOTTING ENERGY COMPANIES

A. By submitting a bid in response to this solicitation, the Proposer agrees to comply with Texas Government Code, Chapter 809, which prohibits the entering into contracts with companies boycotting energy companies. A governmental entity may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that; (i) it does not boycott energy companies; and (ii) will not boycott energy companies during the term of the contract.

1.28 PROHIBITION ON BOYCOTTING FIREARMS COMPANIES

A. By submitting a bid in response to this solicitation, the Proposer agrees to comply with Texas Government Code, Chapter 2274, which prohibits the entering into contracts with companies that discriminate against a firearm entity or firearm trade association. A governmental entity may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that it; (i) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the contract.

1.29 FORMER NTMWD-EMPLOYEE REPRESENTATION

A. NTMWD is committed to maintaining high ethical standards and as such has adopted policies related to conduct of recently separated former employees. To avoid even the appearance of a conflict of interest, former NTMWD employees are barred from representing any person or business for compensation before NTMWD for one (1) year after separation. Please do not include former employees who are within one (1) year of separation from NTMWD on your proposed team. Firms that do not follow NTMWD’s policy may be disqualified from participating in this procurement. (Note that this requirement does not prohibit your firm from hiring former NTMWD employees.)

END OF SECTION

Proposal Form 00 42 16 - 1

00 42 16 PROPOSAL FORM

ARTICLE 1 - PROPOSAL RECIPIENT

1.01 This Proposal Form must be submitted electronically in Bonfire at ntmwd.bonfirehub.com.

1.02 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an

Agreement with Owner in the form included in the Proposal Documents to perform all Work as specified or indicated in the Proposal Documents for the prices and within the times indicated in this Proposal and in accordance with the other terms and conditions of the Proposal Documents.

ARTICLE 2 - PROPOSER’S ACKNOWLEDGMENTS

2.01 Proposer accepts all of the terms and conditions of the Request for Competitively Sealed Proposals and Instructions to Proposers, including without limitation those dealing with the disposition of Proposal security. The Proposal will remain subject to acceptance for 90 days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request of Owner.

2.02 Proposer accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

2.03 Proposer accepts the provisions of the Agreement as to the assignment of the Contract for installing furnished Goods and Special Services.

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

3.01 In submitting this Proposal, Proposer represents, as set forth in the Agreement, that:

A. Proposer has examined and carefully studied the Proposal Documents, the other related data identified in the Proposal Documents, and the following Addenda, receipt of all of which is hereby acknowledged.

Addendum No. Addendum Date Signature Acknowledging Receipt

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

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

C. Proposer is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and the furnishing of Goods and Special Services.

D. Proposer has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-5.03, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-5.06.

https://ntmwd.bonfirehub.com/portal/

Proposal Form 00 42 16 - 2

Wylie WTP Complex Valve Improvements

E. Proposer has obtained and carefully studied all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions including surface, subsurface and Underground Facilities at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Proposal Documents to be employed by Proposer, and safety precautions and programs incident thereto or accepts the consequences for not doing so.

F. Proposer does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Proposal for performance of the Work at the prices proposed and within the times and in accordance with the other terms and conditions of the Proposal Documents.

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

H. Proposer has correlated the information known to Proposer, information and observations obtained from visits to the Site, reports and drawings identified in the Proposal Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Proposal

Documents.

I. Proposer has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the Proposal Documents, and the written resolution thereof by

Engineer is acceptable to Proposer.

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

K. Proposer will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

L. When proposing as a Corporation, Proposer swears and affirms by signing this Proposal that the proposing Corporation is currently in existence, is currently authorized to do business in the State of Texas (or State of incorporation) and that no franchise tax reports or payments are delinquent as of the date of this Proposal. The Proposer will provide a Certificate of Account Status with the signed Contract Documents. Forms may be obtained by the Successful Proposer from the Texas(or other state) Comptroller of Public Accounts and submitted as part of the final, executed Contract

Documents.

M. Proposer further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal; Proposer has not solicited or induced any individual or entity to refrain from submitting Proposal; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over

Owner.

N. Proposer acknowledges that the District has procured certain materials under one or more existing

Material Supply Agreements that will be assigned to the successful Contractor. The Proposer represents that it has reviewed the assignment requirements, has included all costs associated with accepting and administering the assigned Material Supply Agreement(s) in its bonding capacity, and agrees that no adjustment to the Contract Price or Contract Time will be made as a result of the assignment.

Proposal Form 00 42 16 - 3

Wylie WTP Complex Valve Improvements

O. The Contractor acknowledges that the District has previously procured certain materials under one or more Material Supply Agreements identified in the Contract Documents. As a material condition of this Contract and as a condition precedent to Notice to Proceed, the Contractor shall accept assignment of each Material Supply Agreement designated by the District.

P. By executing this Contract, the Contractor irrevocably agrees to accept such assignment and waives any right to reject, condition, delay, or otherwise object to the assignment. No additional consent or approval by the Contractor shall be required to effectuate the assignment. Upon the effective date of the assignment:

1. The Contractor shall succeed to and assume all rights, duties, obligations, liabilities, and responsibilities of the District under the assigned Material Supply Agreement arising on or after the effective date of assignment, except for obligations that expressly accrued prior to the effective date.

2. The Contractor shall become solely responsible for administration of the assigned Material

Supply Agreement, including, without limitation:

a. Payment of all invoices and other amounts due to the supplier;

b. Coordination of manufacturing, scheduling, delivery, storage, unloading, inspection, and acceptance of the materials;

c. Administration of changes, claims, requests for information, notices, and all other contractual communications;

d. Enforcement of all warranties, guarantees, and other contractual rights available under the assigned Material Supply Agreement.

3. The District shall have no obligation to make any payment to the supplier for materials furnished after the effective date of the assignment unless expressly authorized in writing by the District.

4. The Contractor acknowledges that its Proposal and Contract Price include all costs, risks, overhead, profit, labor, equipment, administration, financing, insurance, bonding, and other expenses associated with accepting and performing the assigned Material Supply

Agreement. The Contractor shall…