CIP No. ______

Eng. / Proj. ID __-_____ / _______

AGREEMENT AND SPECIFICATIONS

I-10 WESTBOUND FRONTAGE ROAD RECLAIMED WATER/WASTEWATER

UTILITY ADJUSTMENT

CSP NUMBER 37-26

VOLUME 1 OF 2

CONTRACT DOCUMENTS

JULY, 2026

Anna Gitter, Chair

Charlie Intebi, Vice Chair

Stephanie Block, Secretary-Treasurer

Bryan Morris, Member

Hector Ocaranza, Member

Lane Gaddy, Member

Mayor Renard Johnson, Ex-Officio Member

John E. Balliew, P.E., President/CEO

Ana Sanchez, PHR, SHRM-CP, Vice President

Gilbert Trejo, P.E., Vice President

Felipe Lopez, P.E., Chief Engineering Officer – Technical Practice

Martin Noriega, P.E., Chief Operations Officer – Treatment and Production

Irazema S. Rojas, P.E., Chief Engineering Officer – Engineering Services

Texas Registered Firm F-3043

4487 N. Mesa St., Suite 202

El Paso, TX 79902

115482

BIJAY BASNET

CIP No. ______

Eng. / Proj. ID __-_____ / _______

This page intentionally left blank.

EL PASO WATER UTILITIES

PUBLIC SERVICE BOARD

I-10 WESTBOUND FRONTAGE ROAD RECLAIMED WATER/WASTEWATER UTILITY

ADJUSTMENT

CSP Number CSP 37-26

CITY OF EL PASO, TEXAS

TABLE OF CONTENTS

PROPOSAL REQUIREMENTS, CONTRACT FORMS,

AND CONDITIONS OF THE CONTRACT

Section No. of Pages

00010 INFORMAL NOTICE

00020 INVITATION TO OFFEROR

00100 INSTRUCTIONS TO OFFERORS

00300 PROPOSAL FORM

00301 CONTRACTOR PRE-QUALIFICATION FORM

00302 CERTIFICATE OF INTERESTED PARTIES SAMPLE

00303 STATEMENT OF RESIDENCY

00304 STATEMENT OF NONDIVESTMENT FROM ISRAEL

00310 MWBE SAMPLE SOLICITATION DOCUMENTS

00500 STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND

CONTRACTOR

00510 CERTIFICATE OF ACCOUNT STATUS SAMPLE

00610 PERFORMANCE BOND

00630 PAYMENT BOND

00650 CERTIFICATE OF INSURANCE

00660 ENGINEER’S CERTIFICATE OF SUBSTANTIAL COMPLETION 1

00680 CONTRACTOR’S CLOSE-OUT CHECKLIST

00700 GENERAL CONDITIONS (EJCDC C-700, 2018 ED.)

00800 SUPPLEMENTARY GENERAL CONDITIONS

00810 EPWU CONTRACTOR INSURANCE COVERAGE CHECKLIST . 2

Section No. of Pages

00820 EPWU STANDARD APPLICATION FOR PAYMENT

00825 EPWU STANDARD APPLICATION FOR PAYMENT

(CONTINUATION PAGE)

00830 PAY APPLICATION CHECKLIST

00840 GENERAL WAGE REQUIREMENTS

00850 TEXAS WORKERS' COMP FORMS DWC81 - DWC85

00900 OSHA REGULATIONS

TECHNICAL SPECIFICATIONS

(See Attached)

SECTION 00010

INFORMAL NOTICE

00010 - 1 (Revised 5/22/2026)

EL PASO WATER UTILITIES

PUBLIC SERVICE BOARD

SECTION 00010

CSP37-26

INFORMAL NOTICE

Competitive Seal Proposal (CSP) submittals must be submitted electronically via E-Bid EUNA

Procurement-IonWave, and/or hard copies (3 each) may be delivered or mailed to the City of El Paso

Water Utilities-Public Service Board principal office located at 1154 Hawkins Boulevard, El Paso, Texas

79925.

Receipt of the sealed CSP/submittal must be received no later than 1:30 p.m., September 16th, 2026 local

Mountain time. CSP/Submittals received after the received-by-time stated will not be accepted for consideration.

CSPs will be opened and read aloud at 2:00 p.m., September 16th, 2026 via “Microsoft Teams”, (see Link included in Section 00020, “Join the meeting now”.

The work under this contract shall be for furnishing all labor, materials, transportation, and services for the construction and installation of the following work:

Furnish and install approximately 1,425 LF of 24-inch diameter AWWA C200 Welded Steel reclaimed water line, 320 LF of 16-inch diameter AWWA C900 DR25 PVC (Green) Pipe sewer line, 50 LF of 24-inch split steel casing using open cut method, 40 LF 36-inch steel casing using open cut method, 35 LF of

36-inch diameter split steel casing, including fittings, isolation valves, tie-ins to existing reclaimed waterlines and sewer lines, by open cut method. The project also includes installation, maintenance and removal of temporary bypass for existing 16-inch sewer line during tie-in. The project includes removal and disposal of existing 24-inch tape-wrapped steel reclaimed water line and 16-inch PVC sanitary sewer, including fittings, valves, and concrete manholes. The project includes additive alternate No. 1, Furnish, install, maintain and remove 24-inch dual line stop with 16-inch HDPE bypass pipeline. The project includes trench safety per OSHA requirements, subsurface utility engineering, disinfection, storm water pollution prevention measures, project-wide traffic control, construction water and power, dust control, project management, mobilization, demobilization, house-keeping and project videotaping for a complete and operable project as intended by the drawings and specifications and other Work indicated in the

Contract Documents.

Contract documents may be examined and obtained by accessing the following El Paso Water’s EUNA

Procurement, IonWave electronic bidding (e-bid) website:

https://epwater.ionwave.net/HomePage.aspx

If you have trouble accessing the Contract Documents, please contact the Purchasing Department of the

El Paso Water Utilities, Public Service Board, at (915) 594-5628. Physical (hard) copies of the Contract

Documents are NO LONGER available.

A non-mandatory pre-proposal meeting will be held on August 24th, 2026, at 2:00 p.m., local time (see instructions at the end of Section 00020).

Each CSP shall be submitted in accordance with the Instructions to Offerors and be accompanied by a

Offer Security in the amount of five percent of the CSP amount .

00010 - 2 (Revised 5/22/2026)

The Successful Offeror states he or she must furnish a 100 percent (100%) Performance Bond and a

100 percent (100%) Payment Bond, in accordance with the Instructions to Offerors and the General

Conditions.

CSP shall be submitted at the time and place, either through the e-bid response submittal process via

IonWave and/or hard copies. If submitting hard copies, ensure, they are enclosed in an opaque, sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the CSP is submitted), name and address of the Offeror and accompanied by the Offer security and other required documents. If the CSP is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "COMPETITIVE SEALED PROPOSAL

ENCLOSED" on the face of it. Responses to CSP / solicitations may be submitted via the E-Bid process and, or hard copy, or both.

By submission of the CSP, Offeror fully understands the requirements of the Contract Documents and agrees to comply with all requirements thereof.

Wages paid on this project shall be not less than the minimum prevailing wage rates listed in the Contract

Documents, Section 00840, General Wage Requirements.

The El Paso Water Utilities (EPWU) adheres to the Cone of Silence policy which prohibits any communication regarding the CSP between potential Offerors (and subcontractors) and EPWU Board

Members, Staff, and assigned Consulting Engineers. The provisions do not apply to oral communications with Purchasing Agent or Administrative Analyst, provided the communications is limited strictly to matters of process or procedure already contained in the solicitation document, oral communications at pre-CSP conferences, or communications in writing (email preferred) submitted to the Administrative

Analyst in response to inquiries regarding the CSP. In addition to any other penalties provided by law, violation of the Cone of Silence by any Offeror shall render that Offeror’s CSP voidable. Any person having personal knowledge of a violation of these provisions shall report such violations to the EPWU

General Counsel and/or the Purchasing Agent in writing.

SECTION 00020

INVITATION TO OFFEROR

00020 - 1 (Revised 5/27/2026)

SECTION 00020

INVITATION TO OFFEROR

Competitive Sealed Proposal (CSP) / submittals must be submitted electronically via E-Bid EUNA

Procurement-IonWave, and/or hard copies (3 each) may be delivered or mailed to the City of El Paso

Water Utilities-Public Service Board principal office located at 1154 Hawkins Boulevard, El Paso, Texas

79925.

Receipt of the sealed CSP/submittal must be received no later than 1:30 p.m., September 16th, 2026, local

Mountain time. CSPs/Submittals received after the received-by-time stated will not be accepted for consideration.

CSPs/Submittals will be opened and read aloud at 2:00 p.m., September 16th, 2026, via “Microsoft

Teams”, (see Link below, “Join the meeting now”).

Works in this contract shall be for furnishing all labor, materials, transportation, and services for the construction and installation of the following work:

Furnish and install approximately 1,425 LF of 24-inch diameter AWWA C200 Welded Steel reclaimed water line, 320 LF of 16-inch diameter AWWA C900 DR25 PVC (Green) Pipe sewer line, 50 LF of 24-inch split steel casing using open cut method, 40 LF 36-inch steel casing using open cut method, 35 LF of

36-inch diameter split steel casing, including fittings, isolation valves, tie-ins to existing reclaimed waterlines and sewer lines, by open cut method. The project also includes installation, maintenance and removal of temporary bypass for existing 16-inch sewer line during tie-in. The project includes removal and disposal of existing 24-inch tape-wrapped steel reclaimed water line and 16-inch PVC sanitary sewer, including fittings, valves, and concrete manholes. The project includes additive alternate No. 1, Furnish, install, maintain and remove 24-inch dual line stop with 16-inch HDPE bypass pipeline. The project includes trench safety per OSHA requirements, subsurface utility engineering, disinfection, storm water pollution prevention measures, project-wide traffic control, construction water and power, dust control, project management, mobilization, demobilization, house-keeping and project videotaping for a complete and operable project as intended by the drawings and specifications and other Work indicated in the

Contract documents may be examined and obtained by accessing the following El Paso Water’s EUNA

Procurement - IonWave electronic bidding (e-bid) website:

If you have trouble accessing the Contract Documents, please contact the Purchasing Department of the

El Paso Water Utilities, Public Service Board, at (915) 594-5628. Physical (hard) copies of the Contract

Documents are NO LONGER available.

A non-mandatory pre-proposal meeting will be held on August 24th, 2026, at 2:00 p.m., local time (see

Link below, “Join the meeting now”) (see instructions at the end of this Section 00020).

Each CSP shall be submitted in accordance with the Instructions to Offerors and be accompanied by a

Offer Security in the amount of five percent of the amount CSP.

The Successful Offeror must furnish a 100 percent (100%) Performance Bond and a 100 percent (100%)

Payment Bond, in accordance with the Instructions to Offerors and the General Conditions.

CSPs shall be submitted at the time and place, either through the e-bid response submittal process via

EUNA Procurement - IonWave and/or hard copies. If submitting hard copies, ensure, they are enclosed

00020 - 2 (Revised 5/27/2026) in an opaque, sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the CSP is submitted), name and address of the Offeror and accompanied by the

CSP security and other required documents. If the CSP is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "COMPETITIVE SEALED

PROPOSAL ENCLOSED" on the face of it. Responses to CSP / solicitations may be submitted via the

E-Bid process and, or hard copy, or both.

By submission of the CSP, Offeror states he or she fully understands the requirements of the Contract

Documents and agrees to comply with all requirements thereof.

Wages paid on this project shall be not less than the minimum prevailing wage rates listed in the Contract

Documents, Section 00840, General Wage Requirements.

The El Paso Water Utilities (EPWU) adheres to the Cone of Silence policy which prohibits any communication regarding the CSP between potential Offerors (and subcontractors) and EPWU Board

Members, Staff, and assigned Consulting Engineers. The provisions do not apply to oral communications with Purchasing Agent or Administrative Analyst, provided the communications is limited strictly to matters of process or procedure already contained in the solicitation document, oral communications at pre-CSP conferences, or communications in writing (email preferred) submitted to the Administrative

Analyst in response to inquiries regarding the CSP. In addition to any other penalties provided by law, violation of the Cone of Silence by any Offeror shall render that Offeror's CSP voidable. Any person having personal knowledge of a violation of these provisions shall report such violations to the EPWU

General Counsel and/or the Purchasing Agent in writing.

PRE-PROPOSAL MEETING INSTRUCTIONS

The pre-proposal meeting will be held via Teams format. Please join the meeting from your computer, tablet, or smartphone using the link below:

Join the meeting now

CSP OPENING INSTRUCTIONS

CSP Openings are now to be broadcast through “Teams” format.

To View Bid Opening Click the Link Below:

Join the meeting now https://teams.microsoft.com/meet/211988299605873?p=mFECOmzSXczaczONim https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_MjNkOGZlNWQtMmRiNy00YjBmLThmMjktNzdkMmI5NTU3ZTRj%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25223eebb7d9-9c59-4af3-aca0-00b46518374d%2522%252c%2522Oid%2522%253a%2522b0f141fa-0263-40c3-a237-60a1ffc1e3c5%2522%257d&data=05%7C02%7CRDavidson%40epwater.org%7C1ac09f7f471541993cac08deac76db41%7C3eebb7d99c594af3aca000b46518374d%7C0%7C0%7C639137823631687401%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=hZZxcrPTEmcUyBM1JnYiHXSQkh8i6M13CTHXB6OJkgg%3D&reserved=0

SECTION 00100

INSTRUCTIONS TO OFFERORS

00100 - 1 (Revised 5/27/2026)

SECTION 00100

INSTRUCTIONS TO OFFERORS

1. DEFINED TERMS (Revised 3/18/96, 9/9/96, 4/21/97, 7/13, 10/16/20)

Terms used in these Instructions to Offerors which are defined in the Standard General Conditions of the

Construction Contract (EJCDC C-700, 2018 ed.) have the meanings assigned to them in the General

Conditions. The term "Offeror" means the entity (such as a corporation, partnership, or sole proprietor) that submits a Proposal/Offeror directly to Owner, as distinct from a sub-Offeror, who submits a Proposal to a Offeror. The term "Successful Offeror" means the highest ranked, responsible, and responsive

Offeror whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Proposal Documents" includes the Advertisement or Invitation to Offeror, Instructions to Offerors, the Proposal Form, the Offer Bond or other Offer Security, and the proposed Contract Documents

(including all Addenda issued prior to receipt of CSP). Other terms are defined in this Section 00100.

Other terms used in the Proposal Documents and not defined elsewhere have the following meanings which are applicable to both the singular and plural thereof:

Texas Resident Offeror - A Offeror whose principal place of business is in this state and includes a

Contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Nonresident Offeror - A Offeror whose principal place of business is not in this state but excludes a

Contractor whose ultimate parent company or majority owner has its principal place of business in this state.

EPCWID #1 - El Paso County Water Improvement District #1 which authorizes dewatering into its facilities under certain terms and conditions and with whom the Owner has negotiated specific basic fees and procedures.

NADB – North American Development Bank

2. COPIES OF PROPOSAL DOCUMENTS (Revised 10/16/20)

2.1 Complete sets of the Proposal Documents stated in the Advertisement or Invitation to Offeror may be obtained by accessing the following El Paso Water Utilities – Public Service Board

(EPWU-PSB) IonWave electronic Proposal (e-bid) website:

If you have trouble accessing the Contract Documents, please contact the Purchasing Department of the EPWU-PSB at (915) 594-5628. Physical (hard) copies of the Contract Documents will no longer be made available.

2.2 Complete sets of Proposal Documents must be used in preparing CSPs; neither the Owner nor the

Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

2.3 Owner and Engineer, in making copies of Proposal Documents available on the above terms, do so only for the purpose of obtaining CSPs on the Work and do not confer a license or grant for any other use.

00100 - 2 (Revised 5/27/2026)

3. DETERMINING HIGHEST RANKED OFFEROR (Revised 9/2/92, 2/25/94, 1/10/95. 5/22/95, 3/18/96, 9/9/96, 4/17/97, 6/17/97, 9/26/97, 12/10/97, 6/3/99, /10/99, 12/17/99, 3/13/00, 8/19/04, 1/18/10, 1/12/11,7/18/11, 11/2/16, 1/11/17, 9/27/17, 11/9/17, 7/23/18, 1/17/19, 10/16/20, 3/4/22)

To demonstrate that the Offeror is responsible and able to perform the Work, each Offeror must be prepared to submit written evidence, such as financial data, previous experience, present commitments, and other data as may be called for below (or in the Supplementary Instructions). Each CSP must contain evidence of Offeror's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Award of the Contract.

Competitive Sealed Proposal: Owner has determined that the Competitive Sealed Proposal (CSP) method of procurement will be used for this Project. Offerors found to be non-responsive and or non-responsible will be rejected. Offerors that are found to be responsive and responsible will be ranked according to the Selection Criteria defined below. The Offeror receiving the highest number of points will be ranked first and each other Offeror will be ranked in order of the number of points it receives. In conducting the best value assessment, Owner may use information provided by Offerors and information from other sources; however, the burden of providing thorough and complete information is the sole responsibility of each Offeror. Owner reserves the right to request additional information and/or verify information.

3.1 In determining the highest rank responsible, responsive Offeror, in addition to price, the following elements will be considered:

(a) the quality, availability, and adaptability of the supplies, materials, equipment, or contractual services, to the particular use required;

(b) the number and scope of conditions attached to the CSP;

(c) the ability, capacity, and skill of the entity to perform the contract or to provide the service required;

(d) whether the Offeror can perform the contract and provide the service promptly, or within the time required, without delay or interference;

(e) the character, responsibility, integrity, reputation, and experience of the Offeror;

(f) the quality of performance of previous services, or contracts;

(g) the previous and existing compliance by the Offeror with laws relating to the contract or service;

(h) any previous or existing noncompliance by the Offeror with specifications, or requirements relating to time of submission of specified data such as samples, models, drawings, certificates, or other information;

(i) the sufficiency of the financial resources and ability of the Offeror to perform the contract or to provide the service;

(j) the ability of the Offeror to provide maintenance, repair parts, and service for the use of the subject of the contract during the required one-year warranty period.

(k) the ability of the Offeror to provide competent personnel for the job, as demonstrated by a listing of the names and the skills of experienced personnel who are currently employed by the Offeror and who will be available for performing this work;

(l) the experience of the Offeror in performing work similar in type, size and complexity to this project, as demonstrated by a listing of projects, with verifiable references (names, addresses, phone numbers, etc.), successfully completed.

3.2 Selection Criteria: Owner will rank Offerors that are determined to be responsive and responsible according to the following Selection Criteria. (See the CSP Scoring Form at the end of this Section 00100.)

1. Financial Capacity – (Pass/Fail)

00100 - 3 (Revised 5/27/2026)

Each Offeror shall complete the Qualification and Financial Disclosure Statement found at the end of this Section 00100 and provide a copy of its financial statement, including its balance sheet and income statement, for its most recent fiscal year-end. Owner will review the Financial Information and will award a pass or a fail to the Offeror.

Each Offeror can be awarded either a pass or fail based on Z-score. Offerors that fail to comply with the Financial Capacity could be deemed non-responsive. A Z-score is a numerical measurement of a value's relationship to the mean (average) of a group of values, measured in terms of standard deviations from the mean. If a Z-score is 0, it indicates that the data point's score is identical to the mean score. A Z-score of 1.0 indicates a value that is one standard deviation from the mean. Z-scores may be positive or negative, with a positive value indicating the score is above the mean and a negative score indicating it is below the mean. The Z-score is based on five key financial ratios found on a company's financial statement.

The Z-score formula is: ζ=1.2A+1.4B+3.3C+0.6D+1.0E where:

Zeta (ζ) = Z-score

A = Working Capital/Total Assets

B = Retained Earnings/Total Assets

C = Earnings Before Interest and Taxes (EBIT)/Total Assets

D = Market Value of Equity/Book Value of Total Liabilities

E = Sales/Total Assets

Owner will assign a pass score to the Offeror with a positive Z-score, while the Offeror with a negative Z-score may receive a fail score.

2. Safety Qualifications (Pass/Fail)

Each Offeror shall provide a Safety Record consisting of (1) copies of the Offeror’s OSHA

Forms 300, 300A and 301 for the last three calendar years (January-December); (2) the

Establishment Search Results from the Occupation Safety and Health Administration’s website, (3) a completed signed Contractor Pre-Qualification Form (Section 00301) and any other documentation mentioned in Section 00100 Instructions to Offerors- Minimum

Requirements- All Construction Projects- Qualifying Projects.

Each Offeror can be awarded either a pass or fail score. Offerors that provide insufficient documentation will receive a failing score based on Section 00100 Instructions to Offerors-

Minimum Requirements- All Construction Projects- Qualifying Projects.

3. Complex Utility Connections Experience – (Pass/Fail)

Each Offeror shall demonstrate successful completion of at least two projects within the last ten (10) years involving complex utility work, such as wet-taps, shut-downs, tie-ins into active distribution systems, and temporary bypasses. Owner may contact project owners or engineers for confirmation.

4. Offeror’s Experience – (20 maximum allowable points)

Offeror shall provide information on at least one water/wastewater/reclaimed water pipeline projects that Offeror previously constructed within the last ten (10) years that involved

00100 - 4 (Revised 5/27/2026) construction within TxDOT ROW, 24-inch or larger buried welded steel pipe, 16-inch or larger sanitary sewer, temporary sewer bypass, dual line stop with temporary bypass and split steel casing. Owner may contact the owners and engineers for the projects to request additional information.

Each Offeror can be awarded between 0 points and 20 points.

5. Project Manager’s Past Experience- (10 maximum allowable points) the end of this Section 00100 and provide the name of pipeline projects on which its Project

Manager served as the Project Manager. Owner may contact the owners and engineers for the projects to request additional information. Owner will assign 4 points for a successfully completed pipeline project and an additional 6 points for a successfully completed pipeline project that included 24-inch or larger diameter welded steel pipe.

Each Offeror can be awarded between 0 points and 10 points.

6. Project Superintendent’s Past Experience- (10 maximum allowable points) the end of this Section 00100 and provide the name of a pipeline projects on which its Project

Superintendent served as the Project Superintendent. Owner may contact the owners and engineers for the projects to request additional information. Owner will assign 4 points for a successfully completed pipeline project and an additional 6 points for a successfully completed pipeline project that included 24-inch or larger diameter welded steel pipe.

Each Offeror can be awarded between 0 points and 10 points.

7. Project Approach- (20 maximum allowable points)

Offeror shall submit the proposed Project Approach narrative demonstrates a clear understanding of the project scope, major construction elements, and anticipated challenges.

The narrative shall describe the Offeror’s strategy for sequencing critical activities, coordinating with key stakeholders, and maintaining service continuity throughout construction. The approach should address methods for minimizing public impacts, managing work within TxDOT, City of El Paso and local rights-of-way, and effectively performing tie-ins, line stops and bypass operations. Offerors shall also explain how their team will meet contract requirements, ensure quality control, and comply with all applicable local, state, and agency standards. Project approaches will be evaluated on the Offeror’s demonstrated understanding of project constraints, sequencing logic, and coordination needs; the practicality and completeness of proposed construction methods; and the strategies presented for minimizing service disruptions and maintaining safe, efficient operations.

Each Offeror can be awarded between 0 points and 20 points.

8. Total Proposal Price – (40 maximum allowable points)

Offeror’s Proposal Form indicates its Total Proposal Price.

The responsible Offeror with the lowest Total Proposal Price shall receive the maximum

00100 - 5 (Revised 5/27/2026) allowable points (40 points).

Each other Offeror shall receive points based on the proration of its Total Proposal Price to that of the lowest proposal price submitted [(Lowest Total proposal Price ÷ Offeror’s Total

Proposal Price) x 40].

Each Offeror can be awarded between 0 points and 40 points.

3.2 Competitive Sealed Proposal Evaluation and Appeal Process

(1) Ranking Offerors.

All Proposals will be ranked based on the Selection Criteria by El Paso Water Executive

Services, Technical Services, Engineering and Project Management, Public Service Board

Member(s), Consulting Engineer, and any other EPWater Personnel as designated by the

Owner (the “Selection Committee”) and forwarded to the Vice President of Operations and Technical Services for approval. The final rankings will then be forwarded to the

President/CEO for his approval. The term “President/CEO” shall include his designee.

(2) Authorization to Negotiate.

The President/CEO shall review the final ranking. The Chief Technical Officer shall negotiate, starting with the highest ranked offeror (the “Successful Offeror”). If the Chief

Technical Officer and the Selected Offeror cannot reach an agreement within thirty consecutive calendar days from the date the Selected Offeror receives notice of the

President/CEO’s approval of the final ranking, the Chief Technical Officer may, in the absence of a protest by the Selected Offeror, either (1) proceed to negotiate with the remaining Offerors in the order of their ranking or (2) reject all offers.

(3) Notice and filing protests.

Offerors will be notified in writing (by fax, email, or regular mail) of the final ranking.

The ranking shall be sent with the notice and shall show the order of the ranking and points received by each Offeror. Offerors shall have three Owner business days from the day of their receipt of the notice to challenge the ranking by filing a written protest with the Owner’s Purchasing & Contract Administrator. All Offerors will be notified of any protests filed.

(4) Review of Protests.

The Purchasing & Contract Administrator will review the validity of the protest regarding the ranking and make a recommendation to the President/CEO. The President/CEO will review the rankings and the Purchasing & Contract Administrator’s recommendation and

(1) approve the rankings and the Selected Offeror, (2) direct the Selection Committee to reconsider the rankings, or (3) take other appropriate action in compliance with state laws and the Owner’s purchasing policies.

(5) Notice of Results of Review and New Ranking.

All Offerors shall be given notice of the President/CEO’s determination upon completion of the review of the protest. If reconsideration of the ranking is not required by the

President/CEO, the ranking shall be final as of the date of the President/CEO’s determination, and no further protest shall be allowed. If reconsideration of the ranking is required, notice of the results of the reconsideration of the ranking shall be provided to all

Offerors.

(6) Protesting the New Ranking.

All Offerors may protest the re-ranking of the Offerors following the same process as set

00100 - 6 (Revised 5/27/2026) forth above.

(7) Appeal of Final Ranking.

Offerors who have filed a protest concerning the final ranking may appeal the decision of the President/CEO. No other Offerors may appeal under this paragraph. The appeal shall be to the Public Service Board and shall be filed in writing with the Purchasing & Contract

Administrator within five Owner business days of the Offeror’s receipt of the notice of the final ranking. The appeal shall state the basis for the challenge of the ranking.

(8) Scope of Negotiations.

The Chief Technical Officer will negotiate with the Highest Ranked Offeror and may discuss options for scope or time modifications to the proposed contract and any price change associated with the modifications.

(9) Reaching Agreement or Terminating Selection Process.

If the Chief Technical Officer and the Highest Ranked Offeror do not reach an agreement within thirty consecutive calendar days of the date the Highest Ranked Offeror received notice of the final ranking, the Highest Ranked Offeror shall be notified in writing that negotiations are terminated, and the Highest Ranked Offeror shall not be permitted to enter into a contract with the Owner. The Highest Ranked Offeror shall have three Owner business days from the day of its receipt of such notice to file a written protest with the

Purchasing & Contract Administrator. The protest shall state the basis for the challenge to the termination of negotiations. The Purchasing & Contract Administrator will review the validity of the protest and make a recommendation to the President/CEO. The

President/CEO will review the protest and the Purchasing & Contract Administrator’s recommendation and may direct the Chief Technical Officer to terminate or reopen negotiations with the Highest Ranked Offeror. If the determination is to terminate negotiations with the Highest Ranked Offeror, the President/CEO may direct the Chief

Technical Officer to negotiate with the next highest ranked Offeror or reject all Proposals.

This procedure will be repeated until an agreement is reached, or all Proposals are rejected.

(10) Appeal by Highest Ranked Offeror After Terminating Negotiations.

If the President/CEO denies the protest made pursuant to the previous paragraph, the

Highest Ranked Offeror may appeal that decision to the Public Service Board. No other

Offerors may appeal under this paragraph. The appeal shall be filed in writing with the

Purchasing & Contract Administrator within five Owner business days of the Highest

Ranked Offeror’s receipt of the notice denying the protest. The appeal shall state the basis for the challenge to the termination of negotiations.

(11) Appeal Process.

Following a public hearing after the filing of a notice of appeal pursuant to the preceding paragraph, the Public Service Board may, by a simple majority vote, uphold or overturn the ruling of the President/CEO. The decision of the Public Service Board shall be final and binding.

(12) Public Service Board Approval of the Contract.

The President/CEO shall recommend to the Public Service Board that the contract be awarded to the Highest Ranked Offeror with whom the Owner was able to reach an agreement on the terms and conditions of the negotiated contract.

00100 - 7 (Revised 5/27/2026)

MINIMUM GENERAL REQUIREMENTS - ALL CONSTRUCTION PROJECTS

QUALIFYING PROJECTS

Offerors on Qualifying Projects must provide a Safety Record consisting of: (1) copies of the Offeror’s

OSHA Forms 300, 300A, and 301 for the last three calendar years (January – December); (2) the

Establishment Search Results from the Occupational Safety and Health Administration’s website

(https://www.osha.gov/pls/imis/establishment.html); and (3) a completed and signed Contractor

Pre-Qualification Form (Section 00301). A Qualifying Project is a project with a value greater than

$100,000 or one that the Chief Technical Officer and Vice President of Operations and Technical

Services determine poses a significant hazard.

EPWU will deem a Offeror not responsible if the Offeror (1) fails to provide a complete Safety Record;

(2) received within the last three calendar years (January – December) six or more serious violations, one or more willful violations, or a single repeat of a serious violation; or (3) has experienced a workplace fatality in the last three calendar years (January – December), unless the Offeror can demonstrate that the factors that caused the fatality were outside the Offeror’s control. A Offeror, however, may fail the above criteria but still be deemed responsible if (1) no other appropriate Offeror can be found; (2) the Offeror is approved by the Chief Technical Officer and the Vice President of Operations and Technical Services;

and (3) the Offeror agrees to implement the special safety procedures (which might include a requirement to work only with trained EPWU personnel present) that the Vice President of Operations and Technical

Services establishes for the project.

PROJECTS WITH VALUE LESS THAN $1,000,000:

The Offeror, or at least two *Key Personnel employed by the Offeror, must demonstrate **Successful

Completion of a project similar in nature and scope to this project within the past five years and a similar project with a value of at least one-third the value Offeror for this project.

PROJECTS WITH VALUE BETWEEN $1,000,000 AND $3,000,000:

The Offeror, or at least three *Key Personnel employed by the Offeror, must demonstrate **Successful

Completion of one project similar in nature and scope to this project within the past five years and one similar project with a value of at least 50% of the value Offeror for this project.

PROJECTS WITH VALUE BETWEEN $3,000,000 AND $6,000,000:

The Offeror must demonstrate a minimum of four years of experience in projects similar in nature and scope to this project. At least four *Key Personnel employed by the Offeror must have a minimum of five years of experience in similar construction projects. The Offeror must demonstrate **Successful

Completion during the last five years of at least one project comparable in nature and scope to this project and one similar project with a dollar value of at least 60% of the value Offeror for this project. The

Offeror must have an employee, to be dedicated to this project, who is experienced in scheduling, with demonstrated ability in employing scheduling techniques similar to those to be used for this project.

PROJECTS WITH VALUE BETWEEN $6,000,000 AND $15,000,000:

The Offeror must have a minimum of five years of experience in projects similar in nature and scope to this project. At least four of the Offeror’s *Key Personnel must have a minimum of five years of experience in similar construction projects. The Offeror must demonstrate **Successful Completion of at least two projects similar in nature and scope to this project and one similar project with a dollar value of at least 75% of the value proposed for this project, both within the past five years. The Offeror must demonstrate that it has an experienced employee who will serve as the scheduler; who is dedicated to this https://www.osha.gov/pls/imis/establishment.html

00100 - 8 (Revised 5/27/2026) project; who has successfully employed scheduling techniques appropriate for this project. At least two

*Key Personnel for this project must have completed at least two projects, similar in scope and nature to the project being proposed, as an employee of the Company proposing this project.

* KEY PERSONNEL: Defined as individuals who will be directly assigned to this project which includes, but is not limited to, the Offeror’s Project Manager, the Project Superintendent, the Scheduler, the Offeror’s Construction Engineer, and Supervisory personnel such as the Foremen who will be directly assigned to this project as well as similar Subcontractor Key Persons. Resumes of Key Personnel must be submitted and accepted by the Owner in order for Offeror to receive the Award.

** SUCCESSFUL COMPLETION: Defined as completion of a project on time, which generally means no more than thirty days later than the original contract time allocated. It also means within budget, which generally means within 5% of the original contract price. If there is any project submitted by the

Offeror as qualifying, but which does not meet these requirements, in order to be fully responsive, the

Offeror is required to submit detailed information on that project demonstrating what caused the increases to cost or time. The name and telephone numbers of the Design Engineer and the Client are to be provided for evaluation as to whether the project may be considered “successful”. For any project where liquidated damages were assessed, the Offeror will not be considered to have been on time.

OFFEROR MUST MEET THE FOLLOWING MINIMUM PROJECT SPECIFIC CRITERIA IN

ORDER TO QUALIFY FOR AWARD OF THE OFFEROR:

Offeror must demonstrate that it meets the following Minimum Project Specific Criteria in order to qualify for award of the contract:

1. The project involves the installation of 24-inch reclaimed water transmission lines within existing TxDOT right-of-way, including construction site access through Interstate-10 requiring continued maintenance of existing access road/shoulder disturbed by construction activities. At least three *Key Personnel employed by the Offeror and assigned to the project must demonstrate successful completion of at least two (02) projects that included a minimum of

1,000 LF of pipe 24-inch in diameter or larger as described herein, within the past ten years.

2. The project involves the installation of 16-inch sewer force main within existing TxDOT right-of-way, including construction site access through Interstate-10 requiring continued maintenance of existing access road/shoulder disturbed by construction activities. At least three *Key

Personnel employed by the Offeror and assigned to the project must demonstrate successful completion of at least two (02) projects that included a minimum of 500 LF of sewer force main

16-inch in diameter or larger as described herein, within the past ten years.

3. The project has a tight schedule and involves traffic control, installation of new reclaimed water transmission mains and sewer force mains in close proximity of other existing utilities. The project involves coordination with TxDOT, EPWater-Operations, and multiple utility companies, indicating an in-depth coordination effort and effective time management to complete the project per the tight schedule. At least two *Key Personnel employed by the

Offeror and assigned to the project must demonstrate successful completion of at least two (02) projects with a fast track schedule (contractor to show before and after construction schedules) and will be confirmed with references provided.

4. The project involves the installation and removal of temporary dual line stop with bypass, fittings and appurtenances. The Offeror or subcontractor shall demonstrate the successful completion of at least two projects to include installation and removal of 20-inch or larger line stops. This requirement may be satisfied by employing the services of a qualified subcontractor with their superintendent listed as key personnel who has successfully completed at least two (2)

00100 - 9 (Revised 5/27/2026) projects with installation and removal of 20-inch or larger line stops, as described herein, within the past five (05) years.

5. The project involves the installation and removal of temporary bypass of the existing sewer force main. The Offeror or subcontractor shall demonstrate the successful completion of at least two projects to include installation and removal of bypass for the 16-inch or larger sewer collection system bypass. This requirement may be satisfied by employing the services of a qualified subcontractor with their superintendent listed as key personnel who has successfully completed at least two (2) projects with installation and removal of 16-inch or larger sewer collection system bypass, as described herein, within the past five (05) years

6. Key Personnel required to be assigned full time to this project include: Project Manager, Project Superintendent, Foreman (Prime), and Scheduler. Key Personnel should also provide evidence of their ability to maintain good public relations with the public and respond quickly to public complaints and will be confirmed with references provided. Owner reserves the right to review, approve, or reject the persons listed as key personnel.

EPWU CIP FUNDED PROJECTS

GOOD FAITH EFFORTS

TO OBTAIN SERVICE-DISABLED VETERAN PARTICIPATION IN THIS PROJECT

The Utility's policy for its projects is to encourage the participation of Service-Disabled Veteran

Businesses to seek purchasing and contracts opportunities as a certified State of Texas HUB resource, Service-Disabled Veteran Business.

FOR SERVICE-DISABLED VETERANS

The Offeror must demonstrate, at the time of submitting their CSP/solicitation that he or she is a certified

VetHub Service-Disabled Veteran or has made a good faith effort seeking CSP/solicitation requirements with certified VetHub Service-Disabled Veterans that may qualify for consideration of an award. The definition of a "Good Faith Effort" is described below. If the Offeror fails to meet the “Good Faith

Effort” with inability to provide evidence that a good faith effort has been made, the Owner reserves the right to request additional information from the Offeror as support to Good Faith Effort documentation.

The Offeror may meet the requirement in one of three ways:

1. If effort is fully achieved, Offeror is to provide all details of the actual participation in the

Proposal Form, Section 00300, where space has been provided for Offeror’s use.

2. If effort is partially achieved in the category, Offeror is to provide detail(s) of the actual participation in the Proposal Form, and to provide evidence of the Good Faith Effort to meet as part of the proposal, at the time the CSP is submitted.

3. If Good Faith Effort is not achieved, Offeror is to provide evidence of a demonstrated Good Faith

Effort, as defined below, as part of the CSP, at the time the CSP is submitted.

If a Service-Disabled Veteran is a single prime contractor, a subcontractor, or a supplier the goal will be considered to have met the good-faith effort.

DEFINITIONS (Revised 7/28/14, 10/16/20, 3/4/22)

GOOD FAITH EFFORT: Documentation showing that Service-Disabled Veteran firms from whom there

00100 - 10 (Revised 5/27/2026) is a reasonable expectation would be able to respond and perform works, services, goods solicited/proposed/quoted were given a genuine opportunity to participate. Evidence of a Good Faith

Effort must include copies of a reasonable number of letters sent to bona fide firms in the category described showing the full details of the works, services and goods solicited to be performed by the

Service-Disabled Veteran firm; copies of certified mail/return receipts, facsimile or e-mail confirmations of receipt, copies of responses to the letters, and copies of correspondence with the Small Business

Administration, and/or newspaper or trade magazine notices. Facsimile and e-mail confirmations of receipt must show sufficient information to identify the company name to which the solicitation was sent.

Sample solicitation letters are included in Section 00310.

The State of Texas resource to identify Service-Disabled Veteran classification companies is located on the Texas Comptroller of Public Accounts website: Comptoller.Texas.gov.

Comptroller.Texas.gov > “Purchasing (5th link across the upper page) > Select in dropdown “Vendor Sources” > Select “Veteran Heroes United in Business (VetHUB) >

Under VetHUB logo – Select “Search for CMBL/VetHUB Vendors.

Note: CMBL/VetHUB provides all VetHUB Service-Disabled Veteran businesses. From the same CMBL/VetHUB selection you may search “Business Category/Vendor

Location” for more concentrated search.

SERVICE-DISABLED VETERAN BUSINESS (VetHUB): A business corporation, partnership, joint venture, sole proprietorship, or other legal entity formed for the purpose of making a profit, has been located within the State of Texas and HUB certified a Service-Disabled Veteran business by the State of

Texas as a VetHUB and is 51% or more owned by a Service-Disabled Veteran. Furthermore, that business must employ fewer than 100 employees or have annual gross sales of less than $7,000,000 and is not a subsidiary of a business which would not meet these guidelines.

The form entitled "Minority Certification and Participation Summary", which is located at the end of

Section 00300, Offeror Form, should be completed and submitted by the Successful Offeror within ten days of Notice of Award.

It is mandatory that Offeror submit with his or her CSP a fully executed CSP proposal (including the tabulation of proposed subcontractors and suppliers), an original CSP bond, the certificate of insurance availability, and minority participation categories reflecting Offeror has met minority participation goals OR evidence of Offeror’s good faith effort to do so. Failure to submit these items with the CSP will result in a finding that the CSP is non-responsive and the Offeror will be disqualified.

Evidence of Offeror's good faith effort or evidence of full participation in each category is also required at the time of CSP. Owner reserves the right to request additional information from the Offeror as support to good faith effort documentation.

Offerors shall furnish a financial statement or other evidence of the Offeror's financial sufficiency to perform the contract, a sworn statement of his or her experience record, and a listing of the equipment available to him or any other statement or documentation required by the Owner or Owner’s consultant as to his or her capability to complete the Work. The Post-Offeror/Pre-Award Checklist and the

Qualifications Statement may require submittal of additional documentation. PLEASE REVIEW THE

CHECKLISTS PROVIDED AT THE END OF THIS SECTION 00100.

To assist the Owner in evaluating the Offeror's responsibility, the highest ranked, responsible, and responsive Offeror is required to complete and submit the "Qualification and Financial Disclosure

Statement" found at the end of Section 00100 within five calendar days of the consulting Engineer's

00100 - 11 (Revised 5/27/2026) request. The Engineer will submit this document and any additional information received as requested by the consulting Engineer, to the Owner as an attachment to his or her Recommendation of Award.

The Checklists found at the back of this Section are provided to assist the Offeror in fulfilling these requirements.

The Contracts Department will forward to the responsible Engineering Department the Offeror’s submittals for review ,and if applicable, distribute all pertinent CSP documents to the Engineer for evaluation responsiveness, qualifications provided by the Offeror(s) and other related conditions of the

CSP. Engineer will forward the results of their evaluation(s) to the Owner in writing. Owner will review

Engineer’s evaluation and present its recommendation the Public Service Board for approval to award.

Offeror is required to submit information regarding his or her status as a "RESIDENT" or

"NONRESIDENT" as shown on the spaces provided in the proposal form.

A "Nonresident Offeror" will not be awarded the Contract if the state of his or her principal place of business assesses a penalty against out-of-state Offeror unless his or her CSP is lower than the lowest proposal submitted by a responsible Texas resident Offeror by the same amount that a Texas resident

Offeror would be required to underbid the nonresident Offeror to obtain a comparable contract in the state in which the nonresident's principal place of business is located.

The terms "Texas Resident Offeror" and "Nonresident Offeror" shall the meanings set forth for those terms in Chapter 2252 of the Texas Government Code.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE (Revised 3/18/96, 4/21/97, 1/18/10, 1/12/11, 4/13, 10/16/20)

4.1 It is the responsibility of each Offeror, before submitting a Proposal, to (a) examine the Contract

Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, and to determine the character of equipment and facilities needed preliminary to and during the prosecution of the Work, (c) consider federal, state and local laws and regulations that may affect cost progress, performance or furnishing of the Work, (d) study and carefully correlate Offeror's observations with the

Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the

When information as to soil conditions, test borings, and existing underground and overhead utility locations is shown on the Plans, Specifications,…