Bid Docs and Spec Book.pdf

9/21/2026 Cover Page

BIDDING DOCUMENTS

AND

SPECIFICATIONS

Channel Improvements For

Campo Del Sol

Prepared for:

Franklin Mountain Communities LLC, a Texas limited liability company c/o Scarborough Lane Development 16380 Addison Road

Addison, Texas 75001 On Behalf of:

City of El Paso Municipal Management District No. 1 c/o Coats Rose

Prepared by:

Texas Engineering Firm Registration Number: F-928

13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, Texas 75240

THIS DOCUMENT IS INCOMPLETE AND IS

RELEASED TEMPORARILY FOR BIDDING

PURPOSES ONLY. IT IS NOT INTENDED FOR

CONSTRUCTION OR PERMIT PURPOSES.

Bryce Eckeberger, P.E.

P.E. NO. 132213

DATE:9/21/2026

Rev. 5/2024

Table of Contents

Notice to Bidders NB-1

Instructions to Bidders IB-1 through IB-15

Qualification Statement of Bidder QB-1 through QB-9

Insurance Requirements for Contractors 1 through 3

Bid Form BID-1 through BID-5

Bid Bond BB-1 through BB-2

Contract Agreement CA-1 through CA-9

Performance Bond PEB-1 through PEB-3

Payment Bond PAB-1 through PAB-3

Standard General Conditions TOC-1 through TOC-5

GC-1 through GC-71

Supplementary Conditions SC-1 through SC-15

Technical Specifications 1 through 1

APPENDIX

Appendix A - Prevailing Wage Rates

Appendix B - Conflict of Interest Questionnaire

Appendix C - Certificate of Interested Parties Form 1295

Appendix D - Prohibition on Boycotting Israel Verification

Appendix E - IRS Form W-9

Appendix F - Maintenance Bond

Appendix G - Request for Extension of Time

Appendix H - Affidavit of Partial Payment

Appendix I - Affidavit of Bills Paid

Appendix J - Contractor’s Affidavit of Construction Compliance

1st Publication – 9/20/2026 2nd Publication – 9/27/2026

INVITATION FOR BIDS

CAMPO DEL SOL CHANNEL IMPROVEMENTS

Sealed Electronic bids addressed to Franklin Mountain Communities LLC, a Texas limited liability company c/o Scarborough Lane Development obo of City of El Paso Municipal Management District No. 1 (“Owner”), will be electronically received, until 11 AM CST (10 AM MST), Monday, October 12th, 2026, and then publicly opened and read on October 12th, 2026 for the work necessary for Campo Del Sol Channel improvements. You may view the public opening of sealed Bids via Microsoft Teams.

Join:https://teams.microsoft.com/meet/239104577451640?p=wfCsJwXGhBMKjFKqcF Meeting ID: 239 104 577 451 640 Passcode: rJ9xj7u3

Dial in by phone

(833) 779-7795 Phone conference ID: 182 942 887#

Certified/Cashier’s check or acceptable bidder’s bonds, payment without recourse to Owner in an amount of not less than five percent (5%) of total bid submitted must accompany bid. Owner reserves the right to reject any or all bids and to waive any informalities and technicalities.

A NON-MANDATORY pre-bid conference will be held remotely on Monday, September 28th, 2026, at 11 AM CST (10 AM MST), pre-bid conference number is available by request.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com:

search Campo Del Sol CLMOR. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

Contract documents, plans, specifications, and pre-bid conference number are available by request and should be directed to Bryce Eckeberger at Kimley-Horn and Associates, Inc. via email at bryce.eckeberger@kimley-horn.com or by phone at 972-770-1324.

https://teams.microsoft.com/meet/239104577451640?p=wfCsJwXGhBMKjFKqcF mailto:bryce.eckeberger@kimley-horn.com

Instructions to Bidders

IB- PAGE 1

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers, and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Permits

Article 24 – Workers’ Compensation Insurance Coverage

Article 25 – Labor Classification and Minimum Wage Scale

IB- PAGE 2

ARTICLE 1 – DEFINED TERMS

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

A. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding Requirements or the proposed Contract Documents.

B. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

C. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

D. Bidder--The individual or entity who submits a Bid directly to Owner.

E. Bidding Documents--the Bidding Requirements and the proposed Contract Documents

(including all Addenda).

F. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

G. Engineer--The individual or entity named as such in the Agreement.

H. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

I. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

J. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

K. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

L. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

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M. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award.

N. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions.

O. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor.

P. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

Q. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained via the offices of Kimley-Horn and Associates, Inc. at 13455 Noel Rd, Two Galleria Office Tower, Suite 700, Dallas, Texas 75240 or by request and should be directed to Bryce Eckberger via email at bryce.eckeberger@kimley-horn.com.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Pre-qualification is not required of the SUCCESSFUL BIDDER. A qualification statement of bidder’s form, conflict of interest questionnaire, and IRS Form W-9 are included in QB1-QB8, and the SUCCESFUL BIDDER shall be required to provide this information within three days of owner requesting this information.

IB- PAGE 4

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED

DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings known to Owner of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph 5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.06 of the General Conditions has been identified and established in Paragraph 5.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated

IB- PAGE 5

subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Article 8 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 7.12.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 5.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, IB- PAGE 6 observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A NON-MANDATORY pre-bid conference will be held remotely via Teams on Monday, September 28, 2026, at 11 AM CST (10 AM MST).

5.02 Engineer will transmit to prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements made at the conference may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of

IB- PAGE 7

materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received after the deadline, October 9th, 2026 at 3 PM CST (2 PM MST), will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within ten days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of all other Bidders may be retained by Owner until a contract has been awarded and executed.

8.03 The Bid security of all other Bidders may be retained by Owner until a contract has been awarded and executed.

IB- PAGE 8

ARTICLE 9 – CONTRACT TIMES

9.01 The GRAND TOTAL CONTRACT TIME by which all sections of Work, identified in the Bid Form, are complete and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next qualified Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General Conditions.

IB- PAGE 9

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. The SUCCESSFUL BIDDER will provide all forms listed in the Qualification of Bidders section.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein. In the case of optional alternatives, the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

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

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

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

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

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

IB- PAGE 10

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions, bid, duration, and qualification statement will be considered when awarding this project.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bid Form and Bid Bond Form are included in each copy of the Bidding Documents.

The bound copy of the Bid Form is to be completed and submitted with the Bid security (in the form of a Bid Bond).

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in an opaque sealed envelope with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be sent to the attention of Kimley- Horn and Associates, Inc., Attn: Bryce Eckeberger P.E., 13455 Noel Road, Suite 700, Dallas, Texas 75240. Envelopes shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED – DO NOT OPEN UNTIL <TUESDAY, OCTOBER 13TH, 2026 AT 11:00 AM>”.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

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

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject the bid if the contractor is currently in litigation with the Owner, City of El Paso, or District.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

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19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

19.07 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid Opening.

19.08 Successful Bidder will be required to provide completed documents to the Owner including the following: the attached Qualification Statement of Bidder, the attached Conflict of Interest Questionnaire, Form 1295, and IRS form W-9.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE"

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance.

When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within ten days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from State of Texas sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information. Owner to provide tax exempt form from District upon request.

ARTICLE 23 – PERMITS

23.01 For any permits not previously obtained by Owner, the successful bidder shall make all applications and receive all permits prior to beginning construction, and shall pay all fees and costs associated with same

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ARTICLE 24 – WORKERS’ COMPENSATION INSURANCE COVERAGE

24.01 Definitions:

A. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission (the "TWCC"), or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

B. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity.

C. Persons providing services on the project ("subcontractor" in Sect ion 406.096 of the Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owneroperators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, o r p r o v i d i n g labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

24.02 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the statutory requirements of Texas Labor Code, §401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project.

24.03 The contractor must provide a certificate of coverage to the Owner prior to being awarded-the· contract.

24.04 If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended.

24.05 The Contractor shall obtain from each person providing services on the project, and provide to the Owner:

A. a certificate of coverage, prior to that person beginning work on the project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and no later than seven days after receipt by the Contractor, a new certificate of the coverage showing extension of coverage, if the

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coverage period shown on the current certificate of coverage ends during the duration of the project;

24.06 The Contractor shall retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

24.07 The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;

24.08 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the TWCC, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage.

24.09 The Contractor shall contractually require each person with whom it contracts to provide service on a project to:

A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code §401.011 (44) for all its employees providing services on the project, for the duration of the project;

B. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

C. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

D. obtain from each other person with whom it contracts, and provide to the Contractor:

1. a certificate of coverage, prior to the other person beginning work on the project; and

2. a new certificate of coverage showing extension of the coverage period, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

F. notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing service on the project; and

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G. contractually require each other person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificate of coverage to be provided to the person for whom they are providing services

24.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TWCC's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

24.11 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the Owner.

ARTICLE 25 – LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

25.01 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this project and shall specify in the call for bids and in the Contract the applicable minimum wage rates. The statute further provides that the Contractor or Subcontractors shall pay, as a penalty, to the Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. The Owner is authorized to withhold from the Contractor the amount due under Contract. The statute likewise requires that the Contractor and Subcontractors keep an accurate record of the name and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Owner.

25.02 Labor Classification and Minimum Wage Scale: Use the attached wage scale provided in the contract documents.

QUALIFICATION STATEMENT OF BIDDER

Qualification Statement of Bidder

QB-1

Project Engineer: Kimley-Horn & Associates, Inc.

Bidder: ____________________________________________________

Circle One: Sole Proprietor Partnership Corporation Joint Venture

Name:________________________________ Partner:______________________________

Address:_____________________________ Address:______________________________

City:________________________________ City:_________________________________

Phone:_______________________________ Phone:________________________________

Principal Place of Business: Principal Place of Business:

County, State County, State

If the Bidder is a corporation, fill out the following:

State and County of Incorporation: ______________________________________________

Location of Principal Office: ____________________________________________________

Contact Person(s) at Office: ________________________________ Phone: _____________

List Officers of the Corporation and person(s) authorized to execute Contracts on Behalf of the Corporation:

Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________ Name: ______________________________ Title: _____________________________

QB-2

Greatest number of contracts in excess of $10,000,000 under construction at one time in company's history: _________________________________________________

Total approximate value of incomplete work outstanding: $ ___________________.

The work shall be performed by a Contractor with experience in the construction of channel improvement (Grading and Drainage) projects. Contractor will demonstrate experience, prior to bidding, by written submission of five (5) completed grading and drainage projects of similar size and scope in the past five (5) years in the continental United States. Project descriptions will include at a minimum location of project, total size of project, month and year of completion, client name, engineer name, reference name and phone number.

List major projects of the type of work qualifying for or similar work completed in the last five years, give the following information for each project:

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:___________________________ Phone:___________________________________

Date of Completion: _____________________ Contract Price:__________________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:___________________________________

Date of Completion: _____________________ Contract Price: __________________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:___________________________ Phone:__________________________________

Date of Completion: _____________________ Contract Price: ________________________

QB-3

Project / Location City and State: ____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Date of Completion: _____________________ Contract Price: ________________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Date of Completion: _____________________ Contract Price: _______________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Date of Completion: _____________________ Contract Price: _______________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Date of Completion: _____________________ Contract Price: _______________________

(Use Attachments if Necessary)

QB-4

List incomplete projects, including the following information for each incomplete project listed:

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Value of Incomplete Work: ___________________ Contract Price: ________________________

Owner/Engineer:________________________________________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Value of Incomplete Work: ___________________ Contract Price: ________________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

(Use Attachments If Necessary)

QB-5

List projects awarded and projected to begin within the next six months, including the following information for each upcoming project listed:

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Owner/Engineer:________________________________________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

Value of Incomplete Work: ___________________ Contract Price: ________________________

Project / Location City and State: _____________________________________________________

Total Size (acres):____________________________ Lots:__________________________________

Owner/Engineer:________________________________________________________________

Contact Person:____________________________ Phone:__________________________________

(Use Attachments If Necessary)

QB-6

If company is under new management, please list names of staff and qualification and/or experience of said persons. (Please use attachments).

Have you or any present partner(s) or officer(s) failed to complete a contract? ___________________ If so, name of owner and/or surety:

Contact Person: ______________________ Phone: _______________________________

List any unsatisfied demands upon you as to your accounts payable, please use attachments.

Bank Reference:

Bank: ______________________________ City: _________________________________

Address: ___________________________ Phone: _______________________________

Contact Officer: _____________________

Other Credit References:

Name: _____________________________ Name: _______________________________

Address: ___________________________ Address: _____________________________

City: _______________________________ City: _________________________________

Phone: _____________________________ Phone: _______________________________

Municipal Reference:

City: ________________________________

Contact Person: ______________________ Title: _______________________________

Address: ____________________________ Phone: ______________________________

QB-7

REFERENCE STATEMENT OF BIDDER'S SURETY

Bidder: ______________________________________________________________________

Address: _____________________________________________________________________

1. For this Bidder, how many contracts that are now complete has this surety furnished contract bonds? ________

2. For this Bidder, how many incomplete contracts has this surety furnished contract bonds?

3. What is the maximum bonding capacity of this Bidder? $ ________________________

4. Does the current financial information on this Bidder indicate solvency and a financial ability to complete this contract? ___________

5. Does the information available to this surety indicate that the contractor pays accounts when due?

____…