Bacliff MUD WWTP Improvements - IFB Specifications.pdf

SPECIFICATIONS FOR

BACLIFF MUD WWTP

IMPROVEMENTS PROJECT

Texas Registered Engineering Firm F-2144

10497 Town and Country Way, Suite 500

Houston, TX 77024

FNI Project No. BAC25086

JULY 2026

Design Professional Seals 00 01 07 - 1 BAC25086 – Bacliff MUD WWTP Improvements

00 01 07 DESIGN PROFESSIONAL SEALS

Specification Sections Sealed

Division 00

Division 01 Division 02 08 39 19 09 96 00 Division 22 31 23 19 31 23 33 31 23 36 Division 33 Division 40 Division 41

Division 43 Division 46

Procurement and Contracting Requirements General Requirements Existing Conditions Watertight Closures High Performance Coatings Plumbing Dewatering Trenching and Backfill Trench Safety Utilities Process Integration Material Processing & Handling Equipment Process Gas and Liquid Handling Water and Wastewater Equipment

Freese and Nichols, Inc.

Texas Registered Engineering

Firm F-2144

01 40 01 Division 03 Division 05 31 23 10 31 23 23.34

IBC Special Inspections Concrete Metals Structural Excavation and Backfill Flowable Fill

07/16/202607/20/2026

07/20/2026

Design Professional Seals 00 01 07 - 2

Division 07 08 11 13 08 33 23 08 71 00 08 90 00 09 91 00 10 44 01 Division 13

Thermal and Moisture Protection Hollow Metal Doors and Frames Overhead Coiling Doors Door Hardware Louvers and Vents Architectural Painting Fire Extinguishers Special Construction

Division 26 Electrical

Freese and Nichols, Inc.

Texas Registered Engineering

31 05 13 31 05 16 31 23 33 31 23 36 Division 32

Soils for Earthwork Aggregates for Earthwork Trenching and Backfill Trench Safety Exterior Improvements

Firm F-2144

END OF SECTION

07/20/2026

7/20/2026

07/20/2026

Table of Contents 00 01 10 - 1

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 01 Project Cover Sheet

00 01 07 Design Professional Seals

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Offerors

00 41 13 Bid Form

00 41 16 Bid Form Exhibit A

00 43 13 Bid Bond

00 45 01 Nonresident Bidders

00 45 02 Non-Collusion Certification

00 45 03 Conflict of Interest Questionnaire

00 45 04 State Sales Tax Requirements

00 45 13 Qualifications Statement

00 52 13 Agreement

00 61 13 Performance Bond

00 61 16 Payment Bond

00 72 00 General Conditions

00 73 00 Supplementary Conditions

00 73 16 Insurance Requirements

00 73 17 Texas Workers’ Compensation Insurance

00 73 43 Wage Rate Requirements

00 73 46 Wage Determination Schedule

Division 01 General Requirements

01 11 00 Summary of Work

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Administration

01 33 00 Document Management

01 33 01 Document Register

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 04 Operation and Maintenance Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 35 00 Special Procedures

01 40 00 Quality Management

Table of Contents 00 01 10 - 2

01 40 01 IBC Special Inspections

01 41 00 Regulatory Requirements

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 57 23 Temporary Stormwater Pollution Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

01 75 00 Starting and Adjusting

01 76 00 Acceptance Testing

01 78 36 Warranties and Service Agreements

01 79 00 Training of Operation and Maintenance Personnel

Division 02 Existing Conditions

02 41 00 Demolition

02 83 01 Removing, Handling, and Disposing of Coatings Containing Heavy Metals

02 96 00 Temporary Bypass Pumping

Division 03 Concrete

03 11 00 Concrete Forming

03 21 00 Reinforcing Steel

03 30 00 Cast-In-Place Concrete

Division 05 Metals

05 05 13 Galvanizing

05 12 00 Structural Steel Framing

05 50 00 Metal Fabrications

05 51 00 Metal Stairs and Platforms

05 52 13 Pipe and Tube Railings

05 53 00 Metal Gratings

Division 07 Thermal and Moisture Protection

07 62 00 Sheet Metal Flashing and Trim

Division 08 Openings

08 11 13 Hollow Metal Doors & Frames

08 33 23 Overhead Coiling Doors

08 39 19 Watertight Closures

08 71 00 Door Hardware

08 90 00 Louvers and Vents

Division 09 Finishes

09 91 00 Painting

Table of Contents 00 01 10 - 3

09 96 00 High Performance Coatings

Division 10 Specialties

10 44 01 Fire Extinguishers

Division 13 Special Construction

13 34 19 Metal Building Systems

Division 22 Plumbing

22 14 29.16 Submersible Sump Pumps

22 14 29.17 Submersible Decant Pumps

Division 26 Electrical

26 01 26 Testing of Electrical Systems

26 05 00 Common Work Results for Electrical

26 05 19 Low-Voltage Electrical Power Conductors and Cables

26 05 23 Control-Voltage Electrical Power Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 22 00 Low-Voltage Transformers

26 24 16 Panelboards

26 24 19 Motor-Control Centers

26 27 26 Wiring Devices

26 28 16 Enclosed Switches and Circuit Breakers

26 29 13 Enclosed Controllers

26 29 13.16 Standalone Low-Voltage Solid State Starters

26 29 13.19 Industrial Control Panels

26 29 16 Motor Operators for Valves

26 41 13 Lightning Protection for Structures

26 50 00 Lighting

Division 31 Earthwork

31 05 13 Soils for Earthwork

31 05 16 Aggregates for Earthwork

31 23 10 Structural Excavation and Backfill

31 23 19 Dewatering

31 23 23.34 Flowable Fill

31 23 33 Trenching and Backfill

31 23 36 Trench Safety

Table of Contents 00 01 10 - 4

Division 32 Exterior Improvements

32 11 23 Aggregate Base Courses

32 91 19.13 Topsoil Placement and Grading

32 92 13 Hydro-Mulching

Division 33 Utilities

33 01 02 Piping Specialties

33 05 01.02 Ductile Iron Pipe and Fittings

33 05 01.09 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings

33 05 01.13 Sanitary Sewer Pipe (PVC)

33 05 05.31 Hydrostatic Testing

33 39 13 Sanitary Sewer Manholes and Appurtenances

Division 40 Process Integration

40 05 00 Common Work results for Process Interconnections

40 05 06 Couplings, Adapters, and Specials for Process Piping

40 05 07 Hangers and Supports for Process Piping

40 05 23 Stainless Steel Pipe and Fittings

40 05 43 Miscellaneous Valves

40 05 50 Fabricated Gates

40 05 62 Eccentric Plug Valves

40 05 64 Butterfly Valves

40 05 97 Identification for Process Piping and Equipment

40 42 13 Process Piping Insulation

40 73 13 Pressure Gauges

40 90 01 Instrumentation

Division 41 Material Processing & Handling Equipment

41 22 13.19 Davit Cranes

41 22 23.26 Trolley Hoists

Division 43 Process Gas and Liquid Handling

43 11 33 Rotary Lobe Positive Displacement Blowers

Division 46 Water and Wastewater Equipment

46 51 21 Coarse Bubble Diffusers

46 61 41 Automatic Backwash Disc Filters

46 66 56 UV Disinfection System

END OF SECTION

DIVISION 00

PROCURING AND CONTRACTING

REQUIREMENTS

Invitation to Bid 00 11 16 - 1

00 11 16 INVITATION TO BID

ARTICLE 1 – GENERAL NOTICE

1.01 The Bacliff Municipal Utility District (Owner) is requesting Bids for the construction of the following Project:

Bacliff Municipal Utility District Wastewater Treatment Plant Improvements

BAC25086

1.02 Description of the Work

A. Bacliff Municipal Utility District (MUD) is planning improvements to the Bacliff MUD

Wastewater Treatment Plant. The improvements will address the existing issues with disinfection and the aging infrastructure of the existing aerobic digester.

B. The project will include the following:

1. Improvements to the UV disinfection system

2. A new tertiary filter structure

3. A new aerated sludge holding tank

ARTICLE 2 – EXAMINATION AND PURCHASE OF DOCUMENTS

2.01 Advertisement and bidding information for the Project can be found at the following procurement website:

https://www.civcastusa.com/

2.02 Prospective Offerors must register with the procurement website as a plan holder, even if the

Contract Documents are obtained from a plan room or other site. All official notifications, Addenda, and other documents will be offered only through the procurement website.

2.03 The Contract Documents may be downloaded from the procurement website by prospective

Offerors registered as plan holders. Offerors are responsible for ensuring that a complete set of documents, as defined in Section 00 52 13 “Agreement,” are used in the preparation of their

Bids. The documents are made available for the sole purpose of obtaining Bids 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 for

Offerors to print documents for their sole use, provided they pay all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.04 The procurement website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project.

2.05 Printed copies of the Contract Documents, Technical Data, and other information may be examined free of charge at the following address:

Bacliff Municipal Utility District

4302 12th St

Bacliff, TX 77518

Invitation to Bid 00 11 16 - 2

ARTICLE 3 – PRE-BID CONFERENCE

3.01 A mandatory pre-bid conference for the Project will be held on August 12th at 11:00 am at the following location:

Bacliff Municipal Utility District

4302 12th St, Bacliff, TX 77518

ARTICLE 4 – SITE TOUR

4.01 A tour of the Site will be held the afternoon of the pre-bid conference. Prospective Offerors attending this site tour are required to arrange their own transportation to the Site. Maps to the

Site will be available at the pre-bid conference.

ARTICLE 5 – QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS

5.01 Questions are to be submitted using the question and answer process on the procurement website. Responses to questions posted on the procurement website will be posted for the benefit of all Offerors. A response will be posted for questions submitted until 12:00 p.m. on

August 18th, 2026.

5.02 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 the Contract can only be made by Addenda. Only answers in Addenda posted on the procurement website will be binding. Oral and other interpretations or clarifications will be without legal effect.

ARTICLE 6 – BID SECURITY

6.01 Offerors must submit an acceptable Bid Security with their Bids as a guarantee that the

Successful Offeror will enter into a contract for the Project with the Owner within 15 days of

Notice of Award of the Contract. The Bid Security must be payable to Bacliff Municipal Utility

District in the amount of 5 percent of the proposed Contract Price. The Successful 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.

6.02 Bid Security must be in the form of a bid bond. The bid bond may be submitted on the form provided in Section 00 43 13 “Bid Bond” or Offerors may provide their surety’s standard penal sum bid bond form. The bid bond must reference the Owner and the Project by name as identified in this Section.

ARTICLE 7 – DELIVERY OF BIDS

7.01 Sealed Bids must be delivered to the Owner at the address below no later than 12:00 pm on

August 28th, 2026 to be accepted. The Bids will be publicly opened and read aloud at this time and place including the names of the Offerors and their Bids. Bids received after this time will be returned unopened. Address Bids to the Owner as follows:

Bacliff Municipal Utility District

Invitation to Bid 00 11 16 - 3

Attn: Bid – Bacliff Municipal Utility District Wastewater Treatment Plant Improvements

BAC25086

4302 12th St

Bacliff, TX 77518

ARTICLE 8 – AWARD OF CONTRACT

8.01 It is the intent of the Owner to award this Contract to the lowest responsible Offeror. The

Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating bid prices, to reject any or all Bids, and/or waive formalities. Bids will remain subject to acceptance and may not be withdrawn within 60 days from the date on which Bids are opened.

ARTICLE 9 – OTHER CONTRACT REQUIREMENTS

9.01 Selected Contractor will be required to pay the prevailing wage rates established for this Project in accordance with the Contract Documents and Tex. Gov’t Code Chapter 2258.

9.02 Performance and payment bonds will be required for this Project.

Instructions to Offerors 00 21 13 - 1

00 21 13 INSTRUCTIONS TO OFFERORS

ARTICLE 1 – DEFINED TERMS

1.01 The terms used in these Instructions to Offerors have the meanings assigned to them in the

General Conditions and Supplementary Conditions.

ARTICLE 2 – RECEIPT OF BIDS

2.01 Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids.

ARTICLE 3 – COPIES OF CONTRACT DOCUMENTS

3.01 Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.”

3.02 Use complete sets of Contract Documents in preparing Bids. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract

Documents.

3.03 Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use.

ARTICLE 4 – QUALIFICATIONS STATEMENT

4.01 Submit information as required in Section 00 45 13 “Qualifications Statement” within 5 days of the date Bids are due if requested to do so by the Owner.

ARTICLE 5 – EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

5.01 Examine the Contract Documents, the Site, and other information readily available before submitting a Bid.

A. Examine the Contract Documents and supplemental data:

1. Carefully study the Contract Documents.

2. Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to the Offeror.

3. Promptly notify the Construction Manager of all conflicts, errors, ambiguities, or discrepancies that the Offeror discovers in the Contract Documents, Addenda, and supplemental information.

4. Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work to the degree necessary to prepare a Bid for the Project.

5. Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents, and consider these in preparation of a Bid for the Project.

Instructions to Offerors 00 21 13 - 2

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

C. Visit the Site to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. Coordinate access to private property through the Owner. A tour of the Site will be conducted at the pre-bid conference.

D. Subsurface exploration is not allowed.

E. The submission of a Bid will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

1. Work will be completed in accordance with the Contract Documents for the Contract

Price within the Contract Times;

2. Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, and discrepancies that the Offeror has discovered in the Contract

Documents, Addenda, and the related supplemental data;

3. Written resolutions provided by the Construction Manager are acceptable to the

Offeror; and

4. 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.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A mandatory pre-bid conference will be held at the time and location indicated in

Section 00 11 16 “Invitation to Bid.”

ARTICLE 7 – INTERPRETATIONS AND ALTERNATE BIDS

7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Construction Manager using the procurement website as indicated in Section 00 11 16 “Invitation to Bid.”

7.02 Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Construction Manager no later than 10 days after the date

Project is advertised. Construction Manager and Design Professional will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive.

7.03 Offeror may submit a separate and additional Bid if the Offeror includes exceptions or the

Offeror wishes to make a Bid that is not in accordance with the terms and conditions of the

Contract Documents, or for Work that is not in strict compliance with the Contract Documents.

Describe the intent and substance of the changes in the additional Bid in adequate detail so they are clearly understood. Alternate Bids will not be considered in the evaluation of the Bids. Upon selection of the Bid of the lowest responsible Offeror, and after the award of the Contract, the

Instructions to Offerors 00 21 13 - 3

Construction Manager may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates.

7.04 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the Owner or Designer.

ARTICLE 8 – BID SECURITY

8.01 Offerors must submit an acceptable bid bond as Bid Security with their Bids as required by

Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must be issued by a surety legally authorized to do business in Texas and meet the requirements of the General Conditions.

8.02 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful

Offeror upon Offeror’s failure to execute and deliver the Agreement or Amendments to the

Agreement.

8.03 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded, or all Bids are rejected. Cashier’s or certified checks will be returned by the Owner when the Contract is executed, or all Bids are rejected.

ARTICLE 9 – CONTRACT TIMES

9.01 See applicable provisions for Contract Times in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

10.01 Provisions for liquidated damages and the payment of retainage and interest are set forth in the

Agreement.

ARTICLE 11 – PREPARATION OF THE BID FORM

11.01 The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form.

11.02 Execute the Bid Form as indicated in the document and include evidence of authority to sign.

11.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum.

Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive.

11.04 Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form.

11.05 Provide evidence of the Offeror’s authority and qualification to do business in Texas or agree to obtain such qualification prior to award of the Contract. Failure to obtain this qualification will render the Bid non-responsive and Offeror will forfeit its Bid Security.

ARTICLE 12 – CONFIDENTIALITY OF BID INFORMATION

12.01 The Owner is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Offerors.

Bids will be opened in a manner that avoids disclosure of trade secrets and confidential

Instructions to Offerors 00 21 13 - 4 information to competing Offerors and keeps the Bids from the public until a contract is awarded. The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

12.02 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 photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate from the rest of the Bid.

12.03 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 Section 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released.

12.04 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 Section 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 Chapter 552.

12.05 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 but through no fault of the Owner;

B. Owner can demonstrate through suitable documentation that the 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 the confidential information by court order or by applicable law.

12.06 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, 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.

ARTICLE 13 – DELIVERY OF BIDS

13.01 Complete and deliver the Bid Form along with all required documents identified in the Bid Form.

13.02 Submit the Bid no later than the date and time prescribed and at the place indicated in

Section 00 11 16 “Invitation to Bid.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project name and the name and address of the Offeror, along with the Bid

Security and other required documents. Enclose the sealed envelope containing the Bid in a

Instructions to Offerors 00 21 13 - 5 separate envelope plainly marked on the outside with the notation “BID ENCLOSED” if the Bid is sent by mail or other delivery system. Address the outer envelope to the mailing address shown in Section 00 11 16 “Invitation to Bid.” Offeror assumes full responsibility for ensuring that the

Bid arrives at the prescribed location before the prescribed time.

ARTICLE 14 – MODIFICATION OR WITHDRAWAL OF BIDS

14.01 Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.02 An Offeror may withdraw its Bid within 24 hours after Bids are opened if the Offeror files a signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. An Offeror that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued Invitation to Bid for the Work to be furnished under these Contract Documents.

ARTICLE 15 – OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The

Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable

Laws and Regulations.

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the number of days specified in Section 00 11 16

“Invitation to Bid.” The Owner may, at its sole discretion, release any Bid and return the Bid

Security prior to the end of this period.

ARTICLE 17 – EVALUATION OF BIDS

17.01 The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Offerors to determine the lowest responsible Offeror.

17.02 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.

17.03 Each Offeror agrees to waive any claim it has or may have against the members of the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

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

Instructions to Offerors 00 21 13 - 6

ARTICLE 18 – AWARD OF CONTRACT

18.01 Owner reserves the right to reject any and all Bids, including non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any Offeror if the Owner believes that it would not be in the best interest of the Owner to make an award to that Offeror. The Owner reserves the right to waive all formalities.

18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered, except as additional Bids in accordance with Article 7. Reasonable grounds for believing that any Offeror has an interest in more than one Bid for the Work will be cause for disqualification of that Offeror and the rejection of all Bids in which that Offeror has an interest.

18.03 The Contract will be awarded to the lowest responsible Offeror if a contract is to be awarded.

18.04 Owner may consider the following in evaluating the Bids and awarding the Contract:

A. Offeror's qualifications and ability to demonstrate current capability to complete the

Project in conformance with the requirements of the Contract Documents.

B. Compliance of the Bids with requirements of the Contract Documents.

C. Alternates and unit prices if requested in the bid forms.

D. The amount bid.

E. Proposed date of completion and the ability to meet intermediate Milestones that may have been established for the Project.

ARTICLE 19 – BONDS AND INSURANCE

19.01 The General Conditions set forth the Owner’s requirements as to bonds and insurance. When the Successful Offeror delivers the executed Agreement to the Owner, it must be accompanied by the performance and payment bonds and required evidence of insurance.

19.02 Provide performance and payment bonds for this Project that fully comply with the provisions of

Tex. Gov’t Code Chapter 2253. Administration of these bonds will conform to Chapter 2253 and the provisions of the Contract Documents.

ARTICLE 20 – SIGNING OF THE AGREEMENT

20.01 The Notice of Award to the Successful Offeror will be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are identified in the Agreement. The Successful Offeror must sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner within 15 days. The

Owner will deliver two fully signed counterparts to the Successful Offeror within 10 days after receiving the signed documents from the Successful Offeror.

20.02 The Successful Offeror must also complete and submit a Certificate of Interested Parties (Form

1295) to the Owner as required by Tex. Gov’t Code Chapter 2252 with the signed Agreement.

Instructions to Offerors 00 21 13 - 7

ARTICLE 21 – SALES AND USE TAXES

21.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of

Texas and is usually not subject to any local or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Offerors assume responsibility for including any applicable sales taxes in their Bids and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

21.02 It is the Owner’s intent to have this Contract qualifies as a “separated contract.” In order for this

Contract to qualify:

A. Obtain a sales tax permit from the State of Texas Comptroller if awarded this Contract.

B. Identify the dollar value of materials exempt from the sales tax. This information must be reported in Section 00 45 04 “State Sales Tax Requirements.” Bids that do not include the information requested in this Section may be considered non-responsive.

ARTICLE 22 – WAGE RATES

22.01 This Contract is subject to Tex. Gov’t Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Section 00 73 43

“Wage Rate Requirements.” A schedule listing the minimum wage rates for various classifications of laborers which have been established by the Owner for this Project are included in Section 00 73 46 “Wage Determination Schedule.” Offerors will be required to pay at least the minimum wages shown on this list and comply with all applicable federal, state, and local Laws and Regulations related to the payment of prevailing wage rates.

Bid Form 00 41 13 - 1

00 41 13 BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 Offeror submits this Bid to:

Bacliff Municipal Utility District

4302 12th St

Bacliff, TX 77518

Attention: James Wistinghausen

BAC25086

ARTICLE 2 – OFFEROR’S ACKNOWLEDGMENTS

2.01 Offeror proposes and agrees, if this Bid is accepted, to enter into an Agreement with the Owner on the form included in the Contract Documents and to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract

Amendment. Offeror agrees to complete the Work within the Contract Times established in the

Agreement or as modified by Contract Amendment and comply with all terms and conditions of the Contract Documents.

2.02 Offeror accepts all terms and conditions of Section 00 11 16 “Invitation to Bid” and

Section 00 21 13 “Instructions to Offerors.”

2.03 Offeror 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.

2.04 Offeror acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – OFFEROR’S REPRESENTATIONS

3.01 Offeror has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

3.02 Offeror is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

3.03 Offeror has carefully studied the following Site-related reports and drawings as identified in the

Supplementary Conditions:

A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site;

B. Drawings of physical conditions relating to existing surface or subsurface structures at the

Site;

C. Underground Facilities referenced in reports and drawings;

Bid Form 00 41 13 - 2

D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and

E. Technical Data related to each of these reports and drawings.

3.04 Offeror has considered the:

A. Information known to the Offeror;

B. Information commonly known to contractors doing business in the locality of the Site;

C. The Contract Documents.

3.05 Offeror has considered the items identified in this Article with respect to the effect of such information, observations, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construction to be employed by Offeror; and

C. Offeror’s safety precautions and programs.

3.06 Offeror agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents based on the information and observations referred to in the preceding paragraphs.

3.07 Offeror 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 Contract Documents.

3.08 Offeror has correlated the information known to the Offeror reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

3.09 Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, or discrepancies that the Offeror has discovered in the Contract Documents, and the written resolution provided by the Construction Manager is acceptable to the Offeror.

3.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

3.11 Offeror’s submittal of a Bid constitutes an incontrovertible representation that, without exception, all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 4 – BASIS OF OFFER

4.01 Offeror will complete the Work in accordance with the Contract Documents for:

Lump Sum Bid Price $

ARTICLE 5 – TIME OF COMPLETION

5.01 Offeror will complete the Work required to be substantially completed within 670 calendar days after the date when the Contract Times commence to run as provided in the General Conditions.

Bid Form 00 41 13 - 3

Offeror will complete the Work required for final payment in accordance with the General

Conditions within 730 days after the date when the Contract Times commence to run.

ARTICLE 6 – ATTACHMENTS TO THIS BID

6.01 The following documents are attached to and made a condition of this Bid:

A. Section 00 41 16 “Bid Form Exhibit A.”

B. Section 00 43 13 “Bid Bond.”

C. Section 00 45 01 “Nonresident Bidders.”

D. Section 00 45 02 “Non-Collusion Certification.”

E. Section 00 45 03 “Conflict of Interest Questionnaire.”

F. Section 00 45 04 “State Sales Tax Requirements.”

ARTICLE 7 – VENUE

7.01 Offeror agrees that venue will lie exclusively in Galveston County, Texas for any legal action.

ARTICLE 8 – BID DELIVERY

8.01 This Bid is submitted by:

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Address for giving notices:

Phone: Email:

(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

Item

No.

Description Unit

Estimated

Quantity Unit Price Extended Amount

A-01

WWTP Expansion

Bid for the construction and operational completion of the improvements and modifications at the existing Wastewater

Treatment Plan inclusive of all items with the exception of the specific Bid Items listed below.

LS 1 $____________________ -$

A-02

Aerated Sludge Holding Tank Blower Pad

Bid for the construction and operational completion of the improvements at the Blower Pad inclusive of all items as shown on

ASB sheets.

LS 1 $____________________ -$

A-03

Aerated Sludge Holding Tank Construction

Bid for the construction and operational completion of the improvements at the new Aerated Sludge Holding Tank 1 and 2 of all items as shown on AST sheets.

LS 1 $____________________ -$

A-04

Tertiary Filters

Bid for the construction and operational completion of the improvements at the Tertiary Filters inclusive of all items as shown on FIL sheets.

LS 1 $____________________ -$

A-05

UV and Non-Potable Water System

Bid for the construction and operational completion of the improvements at the UV System inclusive of the NPW Pump and of all items as shown on UVD sheets.

LS 1 $____________________ -$

A-06

Maintenance Building

Bid for the construction and operational completion of the

Maintenance Building as show on MTB sheets.

LS 1 $____________________ -$

A-07

Existing Sludge Drying Bed Demolition

Bid for the demolition, material disposal and site work associated with Existing Sludge Drying Bed Demolition as shown on the Civil sheets.

LS 1 $____________________ -$

A-08

Existing Digester Demolition

Bid for the demolition, material disposal and site work associated with Existing Digester Demolition as shown on the Civil sheets.

LS 1 $____________________ -$

A-09

Electrical and Instrumentation

Bid for the construction and operational completion of the

Electrical and Instrumentation improvements and of all items as shown on FIL, UVD, AST, ASB, MTB, PI, and E sheets.

LS 1 $____________________ -$

A-10

Trench Safety System

Bid for the development, design and implementation of a Trench

Safety system as required by Occupational and Safety and Health

Administration for said system.

LF 1,580 $____________________ -$

A-11

Storm Water Pollution Prevention Plan

Bid for the development, design, implementation and administration of a storm water pollution plan (SWP3) in accordance with TPDES General Permit TXR 150000. This item also includes installation, maintenance and removal of all storm water controls identified in SWP3, complete and in place.

LS 1 $____________________ -$

Bacliff Municipal Utility District

Wastewater Treatment Plant Improvements Project

FNI Project No. BAC25086

Basis of Bid

BASE BID ITEMS

Basis of Bid

Bacliff MUD WWTP Improvements 1

Item

No.

Description Unit

Estimated

Quantity Unit Price Extended Amount

B-01

Additional Sidewalk

Bid for additional concrete sidewalk not shown on the Drawings.

Concrete sidewalk shall be installed at locations designated by the

Owner.

SY 60 $____________________ -$

B-02

Additional Concrete Paving

Bid for additional concrete paving not shown on the Drawings.

Concrete Paving shall be installed at locations designated by the

Owner.

SY 100 $____________________ -$

B-03

Additional Structural Excavation

Bid for additional "unclassified" structural excavation not shown on the drawings or required by the specifications and as directed by the Owner.

CY 2,000 $____________________ -$

B-04

Additional Structural Backfill

Bid for additional compacted structural select backfill not shown on the drawings or required by the specifications and as directed by the Owner.

CY 2,000 $____________________ -$

B-05

Additional Flowable Fill

Bid for additional lean concrete/flowable fill not shown on the drawings or required by the specifications and as directed by the

Owner.

CY 200 $____________________ -$

B-06

Temporary Bypass Pumping

Bid for Bypass Pumping required to sequence construction work based on the drawings and specifications and as directed by the owner.

DAY 5 $____________________ -$

-$ SUBTOTAL UNIT PRICE BID AMOUNT

Wastewater Treatment Plant Improvements Project

Basis of Bid

Bacliff Municipal Utility District

FNI Project No. BAC25086

UNIT PRICE BID ITEMS

Basis of Bid

Bacliff MUD WWTP Improvements 2

Bid Bond 00 43 13 - 1

00 43 13 BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Owner Physical address (principal place of business):

Name:

Mailing address (principal place of business):

Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporation:

Project name and number: By submitting this bond, Surety affirms it is authorized to do business and licensed to execute bonds in the state where the Project is located.

Local Agent for Surety

Bid/Proposal Due Date: Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5% of Contract Price offered

Date of Bond: Telephone (Main):

Bid Bond 00 43 13 - 2

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly executed on its behalf by its authorized officer, agent, or representative. Surety and Offeror bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if Owner accepts the Offeror’s Bid or Proposal and Offeror delivers the executed Agreement and the required bonds and evidence of insurance within the time stipulated in the Bidding or Proposal Documents this obligation is null and void. Payment under this bond will be due and payable upon default by Offeror and within 30 days after receipt by Offeror and Surety of written notice of default from Owner. This Agreement shall be administered and interpreted under the laws of the state where the Project is located.

Venue lies exclusively Galveston County, Texas for any legal action.

Offeror as Principal Surety

Signature: Signature:

Name: Name:

Title: Title:

Email: Email:

(Attach Power of Attorney)

Nonresident Bidders 00 45 01 - 1

00 45 01 NONRESIDENT BIDDERS

Texas Government Code Chapter 2252 applies to the award of government contracts to nonresident bidders. This chapter provides that:

“a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower 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.”

“Nonresident bidder” refers to a person who is not a resident of Texas.

“Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Check the statement that is correct for Offeror:

☐ Offeror (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in Texas.

☐ Offeror qualifies as a nonresident bidder whose principal place of business or residency is in the state of:

Any determination of state bidder preference law will be based on the Texas Comptroller’s annual summary of other state bidder preference laws.

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

Business Address:

Non-Collusion Certification 00 45 02 - 1

00 45 02 NON-COLLUSION CERTIFICATION

STATE OF §

COUNTY OF §

Owner: Bacliff Municipal Utility District

4302 12th St

Bacliff, TX 77518

Contract: Bacliff Municipal Utility District Wastewater Treatment Plant Improvements

BAC25086

Offeror certifies that it has not been a party to any collusion among Offerors in the restraint of freedom of competition by agreement to submit a Bid or Proposal at a fixed price or to refrain from submitting a Bid or Proposal; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Offerors and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract.

Certified this day of 20 .

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

Conflict of Interest Questionnaire 00 45 03 - 1

00 45 03 CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

2 ☐ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

☐ Yes ☐ No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

☐ Yes ☐ No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 ☐ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1)

Signature of vendor doing business with the governmental entity Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 01/01/2021

Conflict of Interest Questionnaire 00 45 03 - 2

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by…