49-Volume I - Specifications - SWPL.pdf

PDF 8 MB Posted

Attached to
Southwest 96-inch Water Transmission Pipeline Project
Solicitation number
CIZ-DWU-26 003
Issued by
Dallas County, Texas

About this file

This is a Request for Competitive Sealed Proposals issued by Dallas Water Utilities (DWU) in partnership with the Cities of Duncanville and Cedar Hill for the Southwest 96-Inch Water Transmission Pipeline Project (Contract No. 26-003). The project involves installation of approximately 14,300 linear feet of 96-inch steel water pipe, 570 linear feet of 78-inch steel water pipe, and 30 linear feet of 54-inch prestressed concrete cylinder water pipe using open cut and tunneling methods, along with cathodic protection systems, electrical installations, instrumentation and controls, and site restoration. The work is distributed across five segments located west of US-67 from Summit GST to US Highway 67 within Dallas, Duncanville, and Cedar Hill. Two non-mandatory pre-bid conferences are scheduled for March 25, 2026 and April 8, 2026 at 9:00 a.m., with site visits at Sorcey Pump Station immediately following. Proposals must be submitted electronically through Bonfire by May 8, 2026 at 1:00 p.m., with public opening at 2:00 p.m. the same day. Substantial completion is required within 790 calendar days from the Notice to Proceed, with final completion within 90 additional calendar days. Contract award is anticipated for September 9, 2026, with Notice to Proceed in January 2027.

Proposals will be evaluated using a best-value approach with 100 total points distributed across five categories: Proposed Contract Price (40 points), Project Approach and Schedule (20 points), Experience/Past Performance and Safety Records (10 points), Experience and Qualifications of Key Personnel (10 points), and DRIVE Policy compliance (20 points). A bid guarantee of 5 percent of the proposed contract price is required. The project is contingent upon release of funds from the Texas Water Development Board (TWDB) through a State Water Implementation Fund for Texas (SWIFT) loan, with all work subject to United States Iron and Steel requirements per Texas Water Code Section 17.183. Contractors must meet minimum qualification requirements including completion of at least five similar projects within the last 10 years. Liquidated damages of $1,000 per calendar day apply for milestone delays. Davis-Bacon wage rates or the City's living wage of $23.06 per hour (whichever is higher) apply to all workers. Contractors must comply with the DRIVE Policy and demonstrate good faith efforts to meet small business enterprise participation goals. The contract requires performance and payment bonds equal to 100 percent of the contract price and comprehensive insurance coverage as specified in the contract documents.

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Other files

File Type Posted
14-DWU-FRM-170-CS Request For Competitive Sealed Proposals 26 003.pdf PDF
6-BEH-FRM-607.SAW SBE Good Faith Effort Documentation Form.docx DOCX document
23-Table 3 Subcontractors and Suppliers.pdf PDF
43-Table 10 Proposed Project Quality Control Managers.docx DOCX document
28-Table 8 Proposed Project Superintendents.pdf PDF
13-Form 25 Cement Preference Certification.pdf PDF
12-Conflict of Interest Questionnaire.pdf PDF
3-BEH-FRM-610.SAW SBE Subcontractor Intent Form.docx DOCX document
48-26 003 Bid Proposal Spreadsheet.xlsx XLSX spreadsheet
32-Table 12 Financial Information.pdf PDF
9-Sample Contract for Services.pdf PDF
7-BEH-FRM-604.SAW Local Participation Workforce Impact.docx DOCX document
10-BIDDERS AFFIDAVIT.pdf PDF
25-Table 5 Demonstation of Budget Performance.pdf PDF
40-Table 7 Proposed Project Managers.docx DOCX document
44-Table 11 Project Information for Key Personnel.docx DOCX document
11-Acknowledgement of Addendum.docx DOCX document
15-TWDB-0459.pdf PDF
21-Table 1 General Information.pdf PDF
24-Table 4 Current Projects and Projects Completed.pdf PDF
47-Table 13 Affidavits.docx DOCX document
36-Table 3 Subcontractors and Suppliers.docx DOCX document
37-Table 4 Current Projects and Projects Completed.docx DOCX document
27-Table 7 Proposed Project Managers.pdf PDF
42-Table 9 Proposed Project Safety Managers.docx DOCX document
34-Table 1 General Information.docx DOCX document
1-DRIVE Policy.pdf PDF
29-Table 9 Proposed Project Safety Managers.pdf PDF
19-26-003 SWP Summit GST to Hwy 67 Bid Set Specs Vol 5.pdf PDF
39-Table 6 Demonstration of On-Time Performance.docx DOCX document
20-26-003 SWPL Summit GST to Hwy 67 BID SET FULL BW.pdf PDF
26-Table 6 Demonstration of On-Time Performance.pdf PDF
46-Table 12 Financial Information.docx DOCX document
30-Table 10 Proposed Project Quality Control Managers.pdf PDF
17-26-003 SWP Summit GST to Hwy 67+Bid Set Specs Vol 3.pdf PDF
16-26-003 SWP Summit GST to Hwy 67 Bid Set Specs Vol 2.pdf PDF
45-Table 11 B Project Information for Key Personnel.docx DOCX document
35-Table 2 A B Contractors Approach.docx DOCX document
4-BEH-FRM-605.SAW SBE Utilization Plan Commitment to Local Eco Impact.docx DOCX document
38-Table 5 Demonstation of Budget Performance.docx DOCX document
2-BEH-FRM-602.SAW SBE Affidavit.docx DOCX document
33-Table 13 Affidavits.pdf PDF
22-Table 2 A B Contractors Approach.pdf PDF
5-BEH-FRM-606.SAW Engagement Score Past Commitment Form.docx DOCX document
8-BEH-FRM-609.SAW Prime Self Performance Declaration.docx DOCX document
18-26-003 SWP Summit GST to Hwy 67 Bid Set Specs Vol 4.pdf PDF
31-Table 11 Project Information for Key Personnel.pdf PDF
41-Table 8 Proposed Project Superintendents.docx DOCX document
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Project No. 26-003 TOC - 1 Southwest 96-Inch Water Transmission Pipeline Project

SOUTHWEST 96-INCH WATER TRANSMISSION PIPELINE PROJECT

TABLE OF CONTENTS

VOLUME 1 OF 5

CONTRACT DOCUMENTS AND GENERAL REQUIREMENTS

ADVERTISEMENT FOR COMPETITIVE SEALED PROPOSALS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

INSTRUCTION TO OFFERORS

PART A INFORMATION TO BIDDERS

A.1 TIME AND PLACE FOR RECEIVING PROPOSALS

A.2 LOCATION AND DESCRIPTION OF PROJECT

A.3 SPECIAL PROVISIONS

A.4 BID ITEMS

A.5 LIVING WAGE RATE AND DAVIS BACON WAGE SCHEDULE

A.6 LEGAL HOLIDAY AND OVERTIME PAY

A.7. PROPOSAL TABULATION

A.8 TIME

A.9 SPECIFICATIONS

A.10 ADDENDA

A.11 BUSINESS INCLUSION AND DEVELOPMENT PLAN MINORITY/WOMEN BUSINESS

ENTERPRISE PROGRAM

A.12 DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

A.13 INSURANCE REQUIREMENTS

A.14 CEMENT USE ON PUBLIC PROJECTS

A.15 ENVIRONMENTAL POLICY AND OCCUPATIONAL SAFETY AND HEALTH PROGRAM

VOLUME 2 OF 5

DIVISIONS 00 – 40

TECHNICAL SPECIFICATIONS

Division 00:

Section 00 01 01 – Cover

Section 00 01 07 – Seals Page

Section 00 01 10 – Table of Contents

Minimum Contractor Qualification Requirements

Division 01:

Section 01 12 16 – Construction Sequence and Shutdown Limitations

Section 01 32 00.01 – Record Drawings

Section 01 33 00 – Submittals

Section 01 45 00 – Quality Control Requirements

Division 02:

Section 02 20 10 – Pre and Post-Construction Inspections

Division 03:

Section 03 34 10 – Lightweight Cellular Concrete Fill

Project No. 26-003 TOC - 2

Division 13:

Section 13 47 12.13 – Corrosion Test Stations

Section 13 47 13 – Cathodic Protection

Section 13 47 13.12 – Continuity and Joint Bonding

Division 26:

Section 26 00 00 – General Provisions

Section 26 05 19 – LV Wires and Cables

Section 26 05 26 – Grounding and Bonding System

Section 26 05 29 – Electrical Support Hardware

Section 26 05 33 – Raceways, Boxes, Enclosures, and Fittings

Section 26 05 43 – Underground System

Section 26 24 19 – LV Motor Control Centers

Section 26 28 16 – LV Enclosed Circuit Breakers and Safety Switches

Section 26 41 00 – Lightning Protection System

Section 26 42 00 – AC Mitigation System for Cathodic Protection

Section 26 50 00 – Lighting System

Division 31:

Section 31 05 19.13 – Geotextiles

Section 31 09 13 – Geotechnical Instrumentation and Monitoring

Section 31 23 16 – Excavation and Backfill

Section 31 23 19 – Control of Water During Construction

Section 31 23 23 – Controlled Low Strength Material (CLSM)

Section 31 23 34 – Spoil and Excavated Material Disposal

Section 31 50 00 – Trench Safety Plan

Section 31 72 00 – Tunnel Initial Support

Section 31 73 00 – Tunnel and Shaft Grouting

Section 31 74 00.01 – Hand Mining

Section 31 74 00.02 – Tunnel Boring Machine

Section 31 74 00.03 – Microtunneling

Section 31 74 00.04 – Pipe Jacking

Division 32:

Section 32 92 14 – Hydromulch Seeding

Division 33:

Section 33 01 30.51– Bypass Pumping of Existing Sewer Systems

Section 33 05 24.23 – Steel Pipe and Fittings

Project No. 26-003 TOC - 3

Section 33 05 33 – Prestressed Concrete Cylinder Pipe

Section 33 05 76 – Fiberglass Manholes

Section 33 10 13 – Disinfection Water utility Distribution System

Section 33 11 13 – Concrete Pressure Pipe Bar-Wrapped Steel Cylinder Type

Section 33 14 20 – Monolithic Insulating Joints

Division 40:

Section 40 05 60 – Valve and Appurtenances

Section 40 05 64 – Butterfly Valve Actuators

Section 40 61 00 – Process Control Systems General Provisions

Section 40 61 26 – Process Control Systems Training

Section 40 61 93 – Input-Output List

Section 40 61 96 – Control Loop Descriptions

Section 40 68 60 – Application Services

Section 40 80 00 – Commissioning of Process Control Systems

Volume 3: GEOTECHNICAL INFORMATION

Appendices

Appendix A – 2009 Geotechnical Report by Fugro

Appendix B – 2025 Wintergreen Tunnel Geotechnical Data Report by Terracon

Appendix C – 2025 Wintergreen Tunnel Geotechnical Baseline Report by AECOM

Appendix D1 – 2025 Oncor Segment Geotechnical Recommendation Report by Terracon

Volume 4: Encroachment Agreements & Record Documents

Appendix E – SUE Level A Data

Appendix F – BNSF Draft Agreement

Appendix G – Oncor Executed Agreement and Easement Documents & Legal Description

Appendix H – Utility Encroachment Guides

H1 ExxonMobile Agreement Requirements

H2 ONEOK/Magellan Agreement Requirements

Appendix I - Design Sheet and Lay Schedule for the 96-in PCCP Pipe at Wintergreen and US-67

Appendix J - Design Sheet and Lay Schedule for the 78-in PCCP Pipe at Sorcey Pump Station

Project No. 26-003 TOC - 4

Volume 5: Record Documents & Easement Legal Description

Appendix K - Design Sheets and Lay Schedule for the 54-in/42-in PCCP Pipe at Summit GST

Appendix L - Design Sheets and Pipe Lay Schedule for the 24-in and 16-in Bar Wrap Water Lines (Cedar Hill)

Appendix M – Approved Legal Descriptions of DWU Acquired Parcels

OPS-FRM-606 Rev 1 2021

CITY OF DALLAS

CONSTRUCTION ADVERTISEMENT

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Competitive Sealed Proposals are required to be submitted electronically via the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com by 1:00 PM on Fridays. All bids will be publicly read at 2:00 PM on Fridays and can be viewed on the City of Dallas’ website at www.dallascityhall.com (see City Meetings). Bid title, department, and date of public reading are listed below and on the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com.

Unless otherwise noted in the description below the bid packet may be obtained from https://dallascityhall.bonfirehub.com.

Submittals will not be accepted after the due date/time and hard copy submittals are not permissible.

CIZ-DWU-26 003 – Southwest 96-inch Water Transmission Pipeline Project, Contract No. 26-003

There will be two Pre-Bid Conferences held on March 25, 2026, 9:00 A.M. and April 8, 2026 at 9:00 A.M. at 2121 Main Street, 4th Floor Conference Room, Dallas Texas 75201. To receive a calendar invite to the meeting, please email DWUCapitalServices@dallas.gov. A calendar invite will be sent upon receipt of your request. There will be two site visits and walk throughs held on March 25, 2026 and April 8, 2026 immediately following the Pre-Bid Conferences at the Sorcey Pump Station located at 7569 Mountain Creek Pkwy, Dallas, Texas 75249.

Plans, Specifications and Bid Proposal Spreadsheet will be available on Bonfire at https://dallascityhall.bonfirehub.com/ on March 13, 2026.

Project related questions shall be submitted in Bonfire no later than 1:00 P.M. April 24, 2026.

The City of Dallas Water Utilities reserves the right to reject any and all bids.

Project Manager: Tracey Long, P.E.

Question Due Date/Time: April 24, 2026, at 1:00 P.M.

Bid Due Date/Time: May 8, 2026, 1:00 P.M.

Open/Reading Date/Time: May 8, 2026, at 2:00 P.M.

TEXAS WATER DEVELOPMENT BOARD UNITED STATES IRON AND STEEL (USIS)

REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENTS

Description of Proposed Work:

Installation of approximately 14,300 linear feet of 96-inch steel water pipe, 570 linear feet of 78-inch steel water pipe, and 30 linear feet of 54-inch prestressed concrete cylinder water pipe by a combination of open cut and tunneling methods in addition to cathodic protection, electrical, instrumentation and controls for electrically actuated valves, site and paving restoration and all appurtenances.

Contract award is contingent upon a release of funds from the Texas Water Development Board

(TWDB).

Bid Guarantee equivalent to 5% bid price.

https://dallascityhall.bonfirehub.com/ http://www.dallascityhall.com/ https://dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/ mailto:DWUCapitalServices@dallas.gov

OPS-FRM-606 Rev 1 2021

Any Contracts awarded under this Request for Competitive Sealed Proposal (RFCSP) are expected to be funded in part by financial assistance from the Texas Water Development Board

(TWDB).

Neither the U.S. Environmental Protection Agency (EPA) nor the State of Texas, nor any of its departments, agencies, or employees, are or will be a party to this RFCSP, or any resulting contract.

All contracts awarded are subject to the United States Iron and Steel (USIS) requirements of Texas Water Code §17.183 and/or Texas Government Code, Chapter 2252, Subchapter G, as amended by Senate Bill 1289 (85th Legislative Session), and 31 Texas Administrative Code (TAC) §363.41, as applicable. NOTE: USIS requirements do not apply to SWIFT projects for which the Board adopted a resolution approving an application for financial assistance prior to May 1, 2019, for any portion of the project.

TWDB bond requirements can be referenced on Form TWDB-0552 TWDB Link: https://www.twdb.texas.gov/

PUBLISH TWO TIMES

March 11, 2026, and March 18, 2026

COMMODITY CODES: 91355, 91340, 91350, 91438, 92586

FUNDING TO PAY FOR YOUR ADVERTISEMENT--

FUND: [0100] AGENCY: [DWU] UNIT: [7120] OBJECT CODE: [3030]

SECTION BELOW FOR OFFICE OF PROCUREMENT SERVICES USE ONLY

Charge to Acct# [1265]

PO#1265-9942 / DO#1216111

https://www.twdb.texas.gov/

“FAILURE TO SIGN YOUR BID MAY RESULT IN A REJECTION OF YOUR

BID.

Bidder’s Acknowledgement of Prohibition on Contracts with Companies Boycotting Israel Effective September 1, 2017, Bidder acknowledges, in accordance with Chapter 2270 of the Texas Government Code, that Bidder does not boycott Israel and will not boycott Israel during the term of any contract with the City of Dallas to provide goods and services to the City. Bidder further acknowledges that this provision is hereby incorporated by reference, as if written word for word, into any subsequent contract entered into between City and Bidder for goods and services.”

“FAILURE TO SIGN YOUR BID MAY RESULT IN A REJECTION OF YOUR

BID.

Bidder’s Acknowledgement of Prohibition on Contracts with Foreign Terrorist Organizations Effective September 1, 2017, Bidder acknowledges, in accordance with Chapter 2252 of the Texas Government Code, that (a) Bidder does not engage in business with Iran, Sudan or any foreign terrorist organization and (b) Bidder is not listed by the Texas Comptroller as a terrorist organization as defined by Chapter 2252 of the Texas Government Code. Bidder further acknowledges that this provision is hereby incorporated by reference, as if written word for word, into any subsequent contract entered into between City and Bidder for (1) professional or consulting services subject to the Professional Services Act - Chapter 2254 of the Texas Government Code, (2) general construction, (3) an improvement, (4) a service, (5) a public works project, or

(5) for a purchase of supplies, materials or equipment.”

DWU Contract 26-003

REQUEST FOR COMPETITIVE SEALED PROPOSALS

General Notice

Dallas Water Utilities (Owner) is requesting Competitive Sealed Proposals for the construction of the following Project:

Southwest 96-inch Water Transmission Pipeline Project Contract No. 26-003

Description of Work

The work consists of approximately 14,500 LF of 96-in and 570 LF of 78-in C200 steel water pipe along with all the required appurtenances and isolation valves. The project is located in Dallas County West of US-67 from North of Summit GST to US HWY 67 within Dallas, Duncanville, and Cedar Hill. The waterline is considered critical infrastructure for Dallas Water Utilities adding capacity and improving the redundancy and reliability of the existing water delivery system. In addition to the 96-in and 78-in proposed water transmission main, the scope also includes several existing utilities replacement and relocation to accommodate the construction of the new pipeline as shown in the contract documents.

The Project is to be Substantially Complete and ready for operation within 790 Calendar days after Notice to Proceed. The Project is to be complete and eligible for Final Payment 90 Calendar days after the date for Substantial Completion.

This contract is contingent upon release of funds from the Texas Water Development Board. Any contract or contracts awarded under this Request for Competitive Sealed Proposals is/are expected to be funded in part by a loan or grant from the Texas Water Development Board. Neither the state of Texas, nor any of its departments, agencies, or employees are or will be a party to this Request for Competitive Sealed Proposals or any resulting contract.

Minimum Contractor Qualification Requirements

Prospective OFFERORS or CONTRACTORS (used interchangeably herein) must demonstrate meeting the minimum requirements for experience as described in VOLUME 2, Division 00, Minimum Contractor Qualification Requirements. Experience records must be submitted with the Offeror’s Proposal.

Procuring Documents

Project information and Proposal Documents can be found on the following Procurement Website:

https://dallascityhall.bonfirehub.com

Prospective Offerors must register with the Procurement Website. All notifications, addenda, and other documents will be offered only through the Procurement Website.

patricia.davis Highlight

Two non-mandatory online pre-proposal conferences for the Project will be held on Wednesday, March 25, 2026, at 9:00 a.m. and Wednesday, April 8, 2026, at 9:00 a.m. at 2121 Main Street, Conference Room 400, Dallas, TX 75201. For a meeting invite, please email DWUCapitalServices@dallas.gov.

A site visit to the Sorcey Pump Station located at 7569 Mountain Creek Parkway, Dallas, TX 75249 will be held the immediately following the pre-proposal conferences. Prospective Offerors attending this Site visit are required to arrange their own transportation to the Site.

Preproposal Conference and Site Tours

Procurement and Contract Award Timeline

Advertisement March 11, 2026 Final Documents Uploaded in Bonfire March 13, 2026 Pre-Bid Meetings & Site Visits March 25, 2026 and April 8, 2026 at 9:00 a.m.

Final Questions April 24, 2026 at 1:00 p.m.

Close Date May 8, 2026 at 1:00 p.m.

Short List Firms May 27, 2026 (Tentative) Notify Firms to Interview May 29, 2027 (Tentative) Conduct Interviews June 3, 2026 (Tentative) Notice of Intent to Award June 18, 2026 (Tentative) Council Award September 9, 2026 (Tentative) Notice to Proceed January 2027 (Tentative)

Questions

Regarding Proposal Process or Solicitation Documents

Project related questions shall be submitted in Bonfire no later than 1:00 P.M. April 24, 2026.

A response to a question posted on the Procurement Website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect.

Developing Regional and Inclusive Vendor Enterprises (DRIVE) Policy

Selected Contractor is required to comply with the Owner’s DRIVE Policy.

Proposal Security

Offerors must submit an acceptable Bid Proposal Security in accordance with Article 10 Instructions to Offerors.

Submitting Proposals

Submit Proposals to Dallas Water Utilities using the Bonfire electronic bidding system at https://dallascityhall.bonfirehub.com

Proposals must be received no later than Friday, May 8, 2026 at 1:00 p.m.

The Proposals will be publicly opened and read aloud publicly read at 2:00 PM on Fridays and can be viewed on the City of Dallas’ website at www.dallascityhall.com (see City Meetings).

No individual, partnership, corporation, holding company, or other business organization shall submit more than one bid on this project. The submittal of multiple bids in the names of different contractors by the same individual, partnership, corporation, holding company, or business is specifically prohibited.

Proposal Evaluation

Selection of the Contractor will be made using a competitive sealed proposal process complying with Texas Government Code Chapter 2269. Proposals will be evaluated and ranked using the following selection criteria:

Rating Category Description Point

Value A Proposed Contract Price* 40 B Project Approach and Schedule 20 C Experience / Past Performance of Offeror and Safety Records 10 D Experience and Qualifications of Proposed Key Personnel 10 F DRIVE Policy 20

Total 100 https://dallascityhall.bonfirehub.com/ http://www.dallascityhall.com/

Contract Award

It is the intent of the Owner to award this Contract to the Offeror who provides the best value for the Owner. The Owner reserves the right to adopt the most advantageous interpretation of the Proposals submitted, waive formalities, or to reject any or all Proposals. Proposals may not be withdrawn within 150 days of the date on which Proposals are received.

Instructions to Offerors

For further requirements regarding submitting a proposal, statement of qualifications, procedures, and contract award, refer to Instructions to Offerors included in the Proposal Documents and Technical specification section 01 35 00.

Instructions to Offerors

DWU Contract 26-003

INSTRUCTIONS TO OFFERORS

ARTICLE 1—DEFINED TERMS

1.01 Terms used in the Offer Requirements have the meanings indicated in the Owner's Standard Specifications for Public Works Construction (Fifth Edition, 2017), as amended, City’s Addendum to the Standard Specifications, October 1, 2021, Edition, as amended (“General Conditions and Supplementary Conditions”). Additional terms have the meanings indicated below:

A. Offer—The offer submitted on the prescribed form setting forth the proposed Contract Price and Contract Time for the Work to be performed.

B. Offeror—An individual or entity that submits an Offer to Owner.

C. Offer Documents—The Offer Requirements, the proposed Contract Documents, and all Addenda.

D. Offer Requirements—The Advertisement or Request for Proposals, Instructions to Offerors, Bid Bond or Proposal security, the Bid or Proposal form, and attachments.

ARTICLE 2—EXAMINATION OF CONTRACT DOCUMENTS

2.01 Obtain a complete set of the Contract Documents by downloading these documents using the link provided in the Request for Proposals. It is the downloader’s responsibility to determine that a complete set of documents are used to prepare a Proposal. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

A. Prospective Offerors must register at https://dallascityhall.bonfirehub.com. The Procurement Website will be updated periodically with Addenda, lists of interested parties, reports, questions and responses or other information relevant to submitting a Proposal for the Project.

2.02 Documents are made available for the sole purpose of obtaining Proposals for completion of the Project and permission to download does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right to print documents, provided downloaders pay all costs associated with printing or reproduction. Printed documents may not be re-sold or re-distributed under any circumstances or for any reason.

2.03 Before submitting a Proposal:

A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data.

B. Become familiar with all federal, state, and local laws and regulations that may affect cost, progress, or the completion of Work.

C. Carefully study and correlate the information available to the Offeror with the Contract Documents, Addenda, and the related supplemental data.

DWU Contract 26-003

D. Promptly notify the Owner’s Project Team (OPT) of all conflicts, errors, ambiguities, or discrepancies that the Offeror discovers in the Contract Documents, Addenda, and the related supplemental data.

E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work.

2.04 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 Contract Documents. 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.

2.05 With the exception of digging within Oncor right-of-way as shown in the drawings, Offeror may 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 Offerors.

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

2.07 The submission of a Proposal will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, that without exception the Proposal is premised upon completion of Work required by the Contract Documents, that the Offeror has given the Owner written notice of all conflicts, errors, ambiguities, and discrepancies that the Offeror has discovered in the Contract Documents, and that the Contract Documents adequately indicate and convey understanding of all terms and conditions required for preparation of the Proposal and completion of Work.

ARTICLE 3—PRE-PROPOSAL CONFERENCE

3.01 Two non-mandatory pre-proposal conferences will be held at the time and location indicated in the Request for Proposals. Attendance at this conference by an employee of the Offeror is not required to submit a Proposal.

DWU Contract 26-003

ARTICLE 4—EXAMINATION OF THE SITE

4.01 A Site visit is scheduled to follow the pre-proposal conferences to provide access to the Site.

Assume a half day site visit. Offerors attending this Site visit are required to arrange their own transportation to the Site. Maps to the Site will be available at the pre-proposal conference.

All other access to the Site must be coordinated through the Owner.

4.02 Digging test pits along the alignment site is restricted and may be allowed on a limited basis if requested by Offerors. This request must identify the specific location, state why digging a test pit at this location is needed and the impact that digging this test pit will have on the Offeror’s ability to prepare its Proposal. Site visits for the purpose of digging a test pit will be conducted on a one-time basis. Offerors will be responsible for constructing access to the test pit site, digging the test pit, and completely restoring the area to acceptable conditions before leaving the Site. Submit requests to DWUCapitalServices@dallas.gov. All other questions related to the Project, other than these specific Site visit requests, are to be submitted through the Procurement Website.

4.03 It is the responsibility of each Offeror to examine the project site, existing improvements and adjacent property and be familiar with existing conditions before submission of a Proposal.

4.04 After investigating the project site and comparing the Drawings and Specifications with the existing conditions, the Offeror should immediately notify the Owner’s Project Team (OPT)of any conditions for which requirements are not clear; or about which there is any question regarding the extent of the Work involved.

4.05 Should the Selected Offeror fail to make the required investigation, and should a question arise after award of contract as to the extent of the Work involved in any particular case, after receiving recommendations from the Owner’s Project Team (OPT), the Owner will make the interpretation of the Contract Documents.

DWU Contract 26-003

ARTICLE 5—INTERPRETATIONS AND QUESTIONS

5.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Owner using the Procurement Website indicated in the Request for Competitive Sealed Proposals.

5.02 Review the following guidelines for asking questions on the Procurement Website before posting questions:

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

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

C. Post questions as discreet questions so an answer can be given to the specific question.

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

Response to these types of questions will be to resubmit as individual questions.

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

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

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

E. 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.

F. Ask questions early. The deadline for posting questions will not be extended unless the date for receipt of Proposals is extended. No response will be made to questions asked after the deadline. Unless there is time for the Owner to issue an Addendum and for Offerors to incorporate this information into their Proposals, no changes will be made and Offerors should prepare their Proposals on the Contract Documents as amended to that point.

G. Offerors cannot qualify their Proposals by explaining assumptions being made in posing questions or in offering a Proposal. Proposals must be in conformance with the Contract Documents. Alternate Proposals must be submitted in accordance with Article 9 of these Instructions to Offerors.

DWU Contract 26-003

I. While the Procurement Website does not indicate who posts a question, the Owner has full access to this information.

J. 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.

5.03 Responses to questions are not part of the Contract Documents and cannot modify the Contract Documents, unless issued as an Addendum. An Addendum may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by Owner. Modifications to the Contract Documents can only be made by an Addendum.

ARTICLE 6—REQUESTS FOR CHANGES PRIOR TO RECEIPT OF PROPOSALS

6.01 Submit requests for alternate terms and conditions, approval of Work not in strict compliance with the Contract Documents, or requests to include products of Manufacturer’s not listed as approved Manufacturers in a specification to the Owner no later than 10 Calendar Days after the date the Project is first advertised. Provide all the information required for a substitution per the General Conditions and Supplementary Conditions. Owner will consider the request and issue an Addenda as appropriate if the proposed changes to the Contract Documents are accepted. A Proposal submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive.

ARTICLE 7—PROPOSAL REQUIREMENTS

7.01 Provide an electronic copy of the Proposal meeting the requirements in the Request for Competitive Sealed Proposal, as well as the requirements set forth in Specification Volume 1 of 5 or in Technical Specifications.

A. All documents submitted must be as PDF OCR recognizable PDFs and must be 8.5X11 or 11X17 and bookmarked.

7.02 Each proposal must include the following items at a minimum to be considered complete and evaluated further for award.

A. All responses must include Base Bid and all included Additive Alternate bid items included in the Project.

B. Narrative technical approach summarizing how the project can be successfully completed. The approach shall not exceed twenty (20) pages and this page count includes any schematics, graphics, and other visual aids. The use of 11x17 size pages are only permitted to use for schedule, schematics, graphics and visual aids only. The objective of the technical approach is to demonstrate the Offeror’s overall experience by describing key Project activities that are necessary to complete the scope of the project within the timelines defined for contractual milestones, substantial completion, and final completion. Offeror’s approach should address the Owner’s key considerations listed in Article 15.

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C. Detailed project schedule including notice to proceed, completion of all contractual milestones, substantial completion, and final completion. The project schedule shall be provided in Gantt-Chart format on 11x17 sheets. Offerors shall clearly outline the critical path and subtasks necessary to complete milestones and overall substantial and final completion for the Project. The offeror’s approach must comply or exceed the defined timelines for contractual milestones, substantial completion, and final completion.

Project schedules that exceed the defined timeline for substantial and final completion will be considered in the evaluation of Offeror’s Approach. Additionally, project schedules that do not meet the defined timelines for substantial completion and final completion may be disqualified as non-responsive.

D. Completed Qualifications Statement following the format and guidelines requested herein. Project reference contacts must be provided for all projects and shall include email addresses and phone number at a minimum. Qualifications Statement that do not meet the minimum qualification requirements listed in Volume 2 Minimum Contractor Qualification Requirements.

E. An overall organizational chart shall be provided by each offeror summarizing key personnel, subcontractors, and other stakeholders necessary to deliver the project.

Small Business Enterprises shall be noted on the organizational chart for reference.

F. Resumes for all key personnel, limited to two pages each, must be provided that summarize general experience as well as specific experience on similar projects in accordance with Volume 2 Minimum Contractor Qualification Requirements. Key Personnel who have worked on the projects listed in the overall Qualifications Statement will be considered in the evaluation of the Offeror’s Key Personnel.

7.03 For additional requirements and details on the evaluation of each proposal, please refer to Article 15.

ARTICLE 8—PREPARATION OF PROPOSAL

8.01 Complete and submit the Proposal along with all required documents identified in Bonfire.

8.02 Acknowledge receipt of all Addenda by completing the Acknowledgement of Addendum form. A Proposal that does not acknowledge the receipt of all Addenda may be considered non-responsive.

8.03 Execute the Proposal as indicated in Bonfire.

8.04 Provide evidence of the Offeror’s authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract.

A. Enter the number of days proposed by the Offeror to deliver the Project as Substantially Complete and to complete the Work required for final payment in accordance with the General Conditions.

00 21 16 – Instructions to Offerors

8.05 Submit information as required in Minimum Qualifications Section with all the requested information to substantiate the offeror’s experience for firm and key personnel with the Proposal to demonstrate the Offeror’s qualifications to complete the Work.

8.06 Provide complete DRIVE Policy forms to indicate compliance with the Business Enterprise Hub Policy.

ARTICLE 9—PROPOSAL SECURITY

9.01 Offerors must submit an acceptable Proposal Security with their Proposal as a guarantee that the Offeror will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The Proposal Security must be payable to City of Dallas in the amount of not less than 5 percent of the proposed Contract Price. Offeror must execute the Contract and bonds on the forms provided in the Contract Documents and provide evidence of insurance as required by the Contract Documents. An acceptable Proposal Security must be issued by a surety legally authorized to do business in the State of Texas and meeting the requirements of General Conditions and Supplementary Conditions.

9.02 Each Offeror covenants and agrees, as an express condition of their Proposal, that in the event the Offeror is awarded the contract, the Offeror will, within ten (10) days after award of the contract, execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the RFCSP Documents. If the Offeror fails or refuses to do so, the Offeror covenants and agrees to pay to the Owner the amount of the Proposal security (plus reasonable attorney's fees and court costs, if necessary for the collection of the amount owed) as liquidated damages, it being difficult and impractical to determine accurately the actual amount of damages accruing to the Owner by reason of the Offeror's failure to execute a contract.

9.03 Substitution by the Offeror of another form of Proposal bond in place of the Owner’s form with provisions materially inconsistent with those contained in the Owner's form will constitute grounds for rejection of the Proposal at the Owner's sole option.

9.04 If a cashier's check, certified check, or letter of credit is submitted along with a Proposal, the Owner shall be entitled to collect the full proceeds of such check or letter of credit without further notice or demand if:

A. the Proposal is selected as the best value Proposal.

B. the contract is awarded to the Selected Offeror by the Owner before the Proposal can be legally withdrawn; and

C. the Selected Offeror fails or refuses to execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the RFCSP Documents within ten (10) days after award of the contract.

9.05 In the event a Proposal Bond is submitted along with the Proposal, the Offeror and the

Offeror’s surety shall be liable to the Owner for the full amount of the Proposal bond and shall pay the amount within fourteen (14) days after written demand by the Owner if:

A. the Proposal is selected as the best value Proposal.

B. the contract is awarded to the Selected Offeror by the Owner before the best and final offer can be legally withdrawn; and

C. the Selected Offeror fails or refuses to execute the contract, furnish acceptable performance and payment bonds, and provide sufficient written evidence of compliance with the Owner’s insurance requirements as specified in the RFCSP Documents within ten (10) days after award of the contract.

9.06 If the Owner chooses to rescind the award to the best value Offeror and award the contract to the next Offeror in order of evaluation, a subsequent failure or refusal to contract as described in Section 9.04 or 9.05 above, as applicable, by the next Offeror or by other Offerors in sequence who may, in turn, be awarded the contract in place of a previous forfeiting Offeror or Offerors shall cause the replacement Offeror and their surety to likewise become liable to the Owner for the full amount of their respective Proposal bonds or entitle the Owner to the proceeds of their respective cashier's or certified checks or letters of credit submitted as Proposal security.

9.07 The Owner may, at its sole option, choose in the alternative to reject any or all remaining Proposals after a Selected Offeror's refusal to contract and make no subsequent award of the contract, choosing instead to indefinitely delay the Project or to re-advertise for new Proposals.

9.08 As long as the Offeror has been notified that they are the best value Proposal or one of the next two Offerors in line for possible award of the Contract in the event of a failure or refusal of the best value Offeror to execute an awarded contract, the Proposal security furnished with a Proposal will remain in the possession of the Owner until the Owner and the best value Offeror on the Project have finally executed the contract, at which point the remaining Proposal security will be returned to each Offeror. If no award has been made by the Owner within one hundred fifty (150) days after date of receipt and opening of Proposals, the Proposal security may be returned upon written demand of the Offeror at any time thereafter. Otherwise, for Offerors who are not one of the three lowest Proposals, Proposal security shall be returned to the Offeror upon completion of the Proposal evaluation process.

9.09 Owner may annul the Notice of Award and the Proposal Security of the Offeror will be forfeited if the apparent Selected Offeror fails to execute and deliver the Agreement or Amendments to the Agreement.

9.10 Proposal Securities are to remain in effect until the Contract is awarded.

ARTICLE 10—CONFIDENTIALITY OF PROPOSAL INFORMATION

10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Proposals are not open for public inspection. Proposals will be opened in a manner that avoids disclosure of confidential information to competing Offerors and keeps the Proposals from the public until a contract is awarded. All Proposals are open for public inspection after the Contract is awarded, however trade secrets and confidential information in Proposals may not be open for public inspection. The Owner will protect this information to the extent allowed by law.

10.02 Offerors should 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 or on the cover of bound documents. 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 printed copy or photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate for the rest of the Proposal.

10.03 The 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 Offerors. The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Offeror of the request as required by Texas Government Code 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released.

10.04 Offeror acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Texas Government Code 552.305(b) and that if disclosure is required, the Owner has no liability for releasing this information and Offeror will not be entitled to exercise any remedy for a disclosure made pursuant to the Texas Government Code Chapter 552.

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

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

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

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

D. The Owner is required to disclose confidential information by court order or by applicable law.

10.06 If the 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 of the Texas Government

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Code, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Owner will provide Offeror with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

10.07 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Proposal, the Owner has not and does not waive its sovereign immunity from suit and/or liability.

10.08 Submit request for release of Proposals or related material to the Owner through an open records request using the online process sent to DWUCapitalServices@dallas.gov

ARTICLE 11—DELIVERY OF PROPOSAL

11.01 Provide an electronic copy of the Proposal in Bonfire prior to the time set forth in the Request for Competitive Sealed Proposals. Offeror assumes full responsibility for ensuring that the Proposal is received before the prescribed time. If experiencing any difficulty with submitting a Proposal contact DWUCapitalServices@dallas.gov.

ARTICLE 12—MODIFICATION OR WITHDRAWAL OF PROPOSALS

12.01 Proposals filed with the Owner can be withdrawn or modified and redeposited prior to the time set for opening proposals. The proposal may not be withdrawn after the bid due date and time as passed. The Bidder, in submitting the same, warrants and represents that its bid has been carefully reviewed and checked and that it is in all things true and correct, free of mistakes and that such bid shall not and cannot be withdrawn after opening because of any mistake committed by the BIDDER; provided, however, that any Bidder may withdraw its bid one-hundred fifty (150) days after the actual date of opening thereof, should no award have been made to the Bidder.

ARTICLE 13—OPENING OF PROPOSALS

13.01 Proposals will be opened and read online at the time and place indicated in the Request for

Competitive Sealed Proposals. The Owner will publicly acknowledge receipt of Proposals received in time to be considered. The Owner will publicly open and read aloud each Proposal as required by Texas Government Code 2269.154.

ARTICLE 14—EVALUATION OF PROPOSALS

14.01 General Considerations:

A. The Owner, by and through its selection committee, will evaluate and rank each Proposal with respect to the selection criteria within 45 calendar days after the date Offers are received using procurement procedures that conform to Texas Government Code

Chapter 2269. In evaluating Offers, Owner will consider whether the Offers comply with the prescribed requirements, and such alternatives, prices, and other data, as may be requested in the Offer Requirements or may be requested from Offerors prior making a recommendation to the Owner’s Board.

B. The Owner will consider the criteria in the table below to determine which Proposal offers the best value to the Owner. The Proposals will be evaluated for each rating category with the maximum point value for each category as indicated in the following table:

Rating

Category Description Point Value

A Proposed Contract Price* 40 B Project Approach and Schedule 20 C Experience / Past Performance of Offeror and Safety Records 10 D Experience and Qualifications of Proposed Key Personnel 10 F DRIVE Policy 20

Total 100

C. The proposed Contract Price is to be provided. Points will be awarded for each rating category.

D. Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

E. Owner, at its discretion, may also choose to conduct interviews with the top-ranking Offerors to provide the Offerors a better opportunity to demonstrate they can provide the best value to the Owner for this Project.

1. Should Owner choose to conduct interviews with the top-ranking Offerors, they will be notified of:

a. The time and place for the interview;

b. Interview format and agenda;

c. Individuals expected to participate in the interview as a minimum.

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

F. Submission of a Proposal indicates the Offeror’s acceptance of the evaluation techniques and methodologies as well as the Offeror’s recognition that some subjective judgments must be made by the Owner during the evaluation.

14.02 Evaluation for Rating Categories:

A. Rating Category A - Proposed Contract Price:

1. Owner will consider the Offeror’s proposed Contract Price in determining best value to the Owner.

2. The Contract Price will be used in the best value determination and will be the basis for final Contract Price negotiations between the Contractor and Owner.

Negotiations, if any, will be conducted in accordance with Texas Government Code

2269.155 and will only be for changes in scope and associated changes in Contract Time or Contract Price.

3. The responsive Proposal with the lowest proposed Contract Price will receive forty (40) points and will be the standard by which other Proposals are evaluated. Each Price Proposal is evaluated by taking the lowest proposed Contract Price and dividing it by the Proposal being evaluated. That fraction is then multiplied forty (40) to determine the Price Proposal score.

B. Rating Category B - Project Approach and Schedule:

1. Offeror shall submit a detailed narrative on their approach toward completing the Project and a schedule showing Offeror’s plan to complete the Project by the Substantial Completion and Final Completion dates set forth in the Agreement.

2. Offeror shall follow the instructions provided in Section 00_45_16, Statement of Qualifications for providing the information required to evaluate the Rating Category B.

3. The Selection Committee members will subjectively evaluate the information provided for Ranking Category B per Section 00_45_16, Statement of Qualifications and assign up to a maximum of 30 points. All components will be utilized to judge qualifications to determine Offeror’s Project Approach and Schedule score.

C. Rating Category C - Experience/Past Performance of Offeror and Safety Records

1. Offeror shall provide their experience and safety record related information.

2. Owner will consider the experience and past performance of the Offeror as a company.

3. Offerors that cannot meet the minimum qualification requirements for similar projects as defined in Minimum Contractor Qualification Requirements in Volume 2 may be disqualified as non-responsive.

4. Offeror shall follow the instructions provided in Section 00_45_16, Statement of Qualifications for providing the information required to evaluate the Rating Category C.

5. The Owner will subjectively evaluate the information related to the experience of the Offeror in the Proposal and assign up to a maximum of 10 points.

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6. The Owner will evaluate the information related to the safety record in the Proposal and assign up to a maximum of 5 points.

D. Rating Category D - Experience and Qualifications of Proposed Key Personnel: What are time commitments to other projects of proposed team members including constructing raw water or potable water transmission mains. See Minimum Qualifications section.

1. Owner will consider the experience and qualification of the proposed Project Manager, Project Superintendent, Safety Manager, and Quality Control Manager (Key Personnel) for this Project.

2. Key personnel proposed by the Offeror that cannot meet the minimum qualification requirements for similar projects as defined in Minimum Contractor Qualification Requirements in Volume 2 may disqualify the Offeror as non-responsive.

3. Offeror shall follow the instructions provided in Section 00_45_16, Statement of Qualifications for providing the information required to evaluate the Rating Category D.

4. The Owner will subjectively evaluate the information provided in the Proposal and assign up to a maximum of 15 points.

E. Rating Category E - Developing Regional & Inclusive Vendor Enterprises (DRIVE) Plan ................... 20 Points It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

Evaluation Points shall be awarded as follows:

1. SBE-Utilization – up to 8 points

a. Proposed SBE Commitment

b. First-time Contracting

2. Local Economic Impact – up to 6 points

a. Local Workforce

b. Local Supply Chain Usage

c. Local Community Investment

3. Engagement Score – up to 6 points

a. Past Subcontractor Utilization

b. Documented Engagement Efforts

c. Past Timely Payments to Subcontractors

ARTICLE 15—AWARD OF CONTRACT

15.01 The Offeror selected for award of the Contract will be the Offeror whose offer provides the best value to the Owner based on the selection criteria and the ranking. The Owner is not bound to accept the lowest priced Proposal if that Proposal is not in the best interest of the Owner as determined by the Owner. If the Owner determines that it is unable to reach a contract satisfactory with the Owner with the selected Offeror, then the Owner will terminate discussions with the selected Offeror and proceed to the next Offeror in order of selection ranking until an agreement is reached or the Owner has rejected all Proposals.

15.02 Owner reserves the right to reject any and all Proposals, including without limitation, non-conforming, non-responsive, or conditional…

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