Section No. of Pages

EL PASO WATER UTILITIES

PUBLIC SERVICE BOARD

NORTHWEST DEVELOPMENT WATER MAIN EXTENSION

PROPOSAL NO. CSP 18-26

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 OFFER

00100 INSTRUCTIONS TO OFFERORS

00300 PROPOSAL FORM

00300A CSP SUBMITTAL FORM CHECKLIST

00301 CONTRACTOR PRE-QUALIFICATION FORM

00302 CERTIFICATE OF INTERESTED PARTIES SAMPLE

00303 STATEMENT OF RESIDENCY

00304 STATEMENT OF NONDIVESTMENT FROM ISRAEL

00310 HUBVET 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 ... 3

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

00010 - 2 (Revised 1/10/2024)

EL PASO WATER UTILITIES

PUBLIC SERVICE BOARD

PROPOSAL NO. CSP 18-26

INFORMAL NOTICE

Competitive Sealed Proposals for the construction of Northwest Development Water Main Extension will be received via E-Bid (IonWave) and / or hard copies (3 each) by the City of El Paso Water Utilities - Public Service Board at the Board's principal office located at 1154 Hawkins Boulevard or by mail to 1154 Hawkins Boulevard, El Paso, Texas, 79925 until August 12, 2026, at 1:30 p.m. local time. After 1:30 p.m., offers will not be accepted. CSP Opening will occur at 2:00 p.m. and offers will be publicly opened and read aloud via the “Microsoft Teams” format noted in Section 00020. (See link below).

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

The project consists of the installation of a new 16-inch water main beginning at the intersection of Los Mochis Drive and S. Desert Boulevard (TxDOT) and extending north within an existing easement parallel to S. Desert Boulevard. The proposed improvements include approximately 4,918 linear feet of 16-inch Class 350 Ductile Iron Pipe (DIP).

The project will be delivered as a Unit Price Item Contract and includes the furnishing and installation of all labor, materials, equipment, and appurtenances necessary to complete the work. Major work items include 16-inch DIP, 12-inch PVC C-900 pipe, 30-inch diameter steel casing installed by bore and open-cut methods, 16-inch gate valves with manholes, combination air release/vacuum valves with manholes, blowoff valves with manholes, fire hydrants with DATV valves, pressure testing and disinfection, miscellaneous piping and fittings, bypass pumping, tie-in activities, trench safety systems, and traffic control.

The project also includes the installation of a 5-foot-wide by 4-inch-thick concrete cap, stormwater pollution prevention and flood control measures, pipeline videotaping, and restoration of all disturbed paved and unpaved areas to equal or better condition. Restoration work includes pavement, curb and gutter, sidewalks, signage and striping, cement-stabilized backfill where required, final grading, and site cleanup.

Contract documents may be examined and obtained by accessing the following El Paso Water’s 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 will NO longer be made available.

A pre-proposal meeting will be held on July 29, 2026 at 10:00 a.m., local time (see instructions at the end of Section 00020).

Each Proposal shall be submitted in accordance with the Instructions to Offerors and be accompanied by a Proposal Security in the amount of five percent of the amount proposal.

00010 - 3 (Revised 1/10/2024)

The Highest Ranked 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.

Proposals 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 Proposal is submitted), name and address of the Offeror and accompanied by the Proposal security and other required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “PROPOSAL ENCLOSED” on the face of it. Responses to proposal/solicitations may be submitted via the E-Bid process and, or hard copy, or both.

By submission of the proposal, 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 proposal 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-proposal conferences, or communications in writing (email preferred) submitted to the Administrative Analyst in response to inquiries regarding the proposal. In addition to any other penalties provided by law, violation of the Cone of Silence by any offeror shall render that offeror’s proposal 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.

00020 - 5 (Revised 1/10/2024)

SECTION 00020

INVITATION TO PROPOSAL

00020 - 6 (Revised 1/10/2024)

SECTION 00020

INVITATION TO PROPOSAL

Competitive Sealed Proposals for the construction of Northwest Development Water Main Extension, will be received via E-Bid (IonWave) and / or hard copies (3 each) by the City of El Paso Water Utilities - Public Service Board at the Board's principal office located at 1154 Hawkins Boulevard or by mail to 1154 Hawkins Boulevard, El Paso, Texas, 79925 until August 12, 2026, 1:30 p.m. local time. After 1:30 p.m., offers will not be accepted. CSP Opening will occur at 2:00 p.m. and CSP will be publicly opened and read aloud via the “Microsoft Teams” format noted at the end of this Section 00020. (See link below).

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

The project consists of the installation of a new 16-inch water main beginning at the intersection of Los Mochis Drive and S. Desert Boulevard (TxDOT) and extending north within an existing easement parallel to S. Desert Boulevard. The proposed improvements include approximately 4,918 linear feet of 16-inch Class 350 Ductile Iron Pipe (DIP).

The project will be delivered as a Unit Price Item Contract and includes the furnishing and installation of all labor, materials, equipment, and appurtenances necessary to complete the work. Major work items include 16-inch DIP, 12-inch PVC C-900 pipe, 30-inch diameter steel casing installed by bore and open-cut methods, 16-inch gate valves with manholes, combination air release/vacuum valves with manholes, blowoff valves with manholes, fire hydrants with DATV valves, pressure testing and disinfection, miscellaneous piping and fittings, bypass pumping, tie-in activities, trench safety systems, and traffic control.

The project also includes the installation of a 5-foot-wide by 4-inch-thick concrete cap, stormwater pollution prevention and flood control measures, pipeline videotaping, and restoration of all disturbed paved and unpaved areas to equal or better condition. Restoration work includes pavement, curb and gutter, sidewalks, signage and striping, cement-stabilized backfill where required, final grading, and site cleanup.

Contract documents may be examined and obtained by accessing the following El Paso Water’s 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 will NO longer be made available.

A pre-proposal meeting will be held on July 29, 2026 at 10:00 a.m., local time. (see instructions at the end of this Section 00020).

Each Proposal shall be submitted in accordance with the Instructions to Offerors and be accompanied by a Proposal Security in the amount of five percent of the amount offer.

The Highest Ranked 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.

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

00020 - 7 (Revised 1/10/2024) the Offer is submitted), name and address of the Offeror and accompanied by the Offer security and other required documents. If the Offer is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “PROPOSAL ENCLOSED” on the face of it.

Responses to Offer/solicitations may be submitted via the E-Bid process and, or hard copy, or both.

By submission of the proposal, 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.

The El Paso Water Utilities (EPWU) adheres to the Cone of Silence policy which prohibits any communication regarding the Offer 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-proposal conferences, or communications in writing (email preferred) submitted to the Administrative Analyst in response to inquiries regarding the Offer. In addition to any other penalties provided by law, violation of the Cone of Silence by any Offeror shall render that Offeror's Offer 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 “Microsoft Teams”. Please join the meeting from your computer, tablet, or smartphone using the link below:

CSP18-26 Northwest Development Water Main Extension

July 29, 2026, 10:00 A.M. to 11:00 A.M. (MDT) Meeting ID: 232 475 006 517 315

Passcode: Kv7c9Ja3

CSP OPENING INSTRUCTIONS

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

To view Proposal Opening Click the Link Below:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjNkOGZlNWQtMmRiNy00YjBmLThmMjktNzdkMmI5NTU3ZTRj%40t hread.v2/0?context=%7b%22Tid%22%3a%223eebb7d9-9c59-4af3-aca0- 00b46518374d%22%2c%22Oid%22%3a%22b0f141fa-0263-40c3-a237-60a1ffc1e3c5%22%7d

SECTION 00100

INSTRUCTIONS TO OFFERORS

00100 - 9 (Revised 3/13/2024)

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 directly to Owner, as distinct from a sub-offeror, who submits an Offer to an Offeror.

The term "Successful Offeror" means the Offeror who submits the Proposal that provides the Owner with the best value based on the Selection Criteria. The term "CSP Documents" includes the Advertisement or Request for Competitive Sealed Proposals (CSP), 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 Proposals). Other terms are defined in this Section 00100.

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

Texas Resident Offeror - An 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 - An 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, 12/11/23)

2.1 Complete sets of the Proposal Documents stated in the Advertisement or Invitation to Offer may be obtained by accessing the following El Paso Water Utilities – Public Service Board (EPWU- PSB) website:

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

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 Offers; 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 Offers on the Work and do not confer a license or grant for any other use.

00100 - 10 (Revised 3/13/2024)

3. DETERMINING HIGHEST RANK 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 Proposal 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. Offers found to be non-responsive and/or non-responsible will be rejected. Offers that are found to be responsive and responsible will be ranked according to the Selection Criteria listed below and defined in Section 00300A. 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 Offers and information from other sources; however, the burden of providing thorough and complete information is the sole responsibility of each Offer. Owner reserves the right to request additional information and/or verify information provided in the Offer.

The Offeror must submit written evidence and documentation in the order and format as shown in Section 00300A – CSP SUBMITTAL FORM CHECKLIST.

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

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

(2) the number and scope of conditions attached to the Offer;

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

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

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

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

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

(8) 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;

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

(10) 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;

(11) 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 to perform this work;

(12) 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.

00100 - 11 (Revised 3/13/2024)

3.2 Selection Criteria: Owner will rank Offers that are determined to be responsive and responsible according to the CSP method. (See the CSP Scoring Form at the end of this Section 00100.) The Selection Criteria listed below is further defined in Section 00300A CSP SUBMITTAL FORM

CHECKLIST.

The Offeror must submit written evidence and documentation in the order and format as shown in Section 00300A CSP SUBMITAL FORM CHECKLIST. Selection Criterion 1 through -- are as follows:

1) Financial Capacity – (Pass/Fail)

2) Safety Qualifications – (Pass/Fail)

3) Offeror’s Company’s Relevant Project Experience – (25 maximum allowable points)

4) Key Personnel Qualifications – (15 maximum allowable points)

5) Project Baseline Schedule – (Pass/Fail)

6) Project Approach – (20 maximum allowable points)

7) Total Proposal Price – (40 maximum allowable points)

3.3 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 Engineering Officer shall negotiate, starting with the Highest-Ranked Offeror (the “Selected Offeror”). If the Chief Engineering Office 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 Engineering 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

00100 - 12 (Revised 3/13/2024) 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 providers may protest the re-ranking of the Offerors following the same process as set 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.

00100 - 13 (Revised 3/13/2024)

10) Appeal by Highest Ranked Offeror after terminating negotiations.

If the President/CEO denies the protest made pursuant to the previous paragraph, the Selected 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 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 - 14 (Revised 3/13/2024)

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 Engineering Officer and Vice President of Operations and Technical Services determine poses a significant hazard.

EPWU will deem an 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. An 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 Engineering 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 proposed 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 Offer 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 Offer 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 Offer 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 project; who has successfully employed scheduling techniques appropriate for this project. At least two *Key Personnel for

00100 - 15 (Revised 3/13/2024) 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 submitting an Offer for 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.

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 offer/solicitation that he or she is a certified VetHub Service-Disabled Veteran or has made a good faith effort seeking offer/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 goals in each category are fully achieved, Offeror to provide all details of the actual participation in the Offer Proposal Form, Section 00300, where space has been provided for Offeror’s use.

2. If goals are partially achieved in each of the categories, Offeror to provide the details of the actual participation in the Offer Proposal Form, and to provide evidence of the Good Faith Effort to meet each goal, as part of the Offer proposal, at the time the Offer is submitted.

3. If goals are not achieved, Offeror to provide evidence of a demonstrated Good Faith Effort, as defined below, as part of the Offer proposal, at the time the Offer 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 is a reasonable expectation would be able to respond and perform works, services, goods solicited/offer/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

00100 - 16 (Revised 3/13/2024) 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: Comptroller.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.

It is mandatory that Offeror submit with his or her Offer a fully executed offer proposal (including the tabulation of proposed subcontractors and suppliers), an original Offer 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 offer will result in a finding that the Offer is non-responsive and the Offer 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 Offer. 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-Offer/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 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 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 Purchasing Department will evaluate the responsiveness of the Offeror’s submittal. Purchasing Agent will forward the offers and results of the Purchasing Department’s evaluation to the consulting Engineer for further evaluation of responsiveness, qualifications of the Offeror and other related conditions of this Offer. Engineer will forward the results of the evaluation to the Owner in writing. Owner will review Engineer’s evaluation and present its recommendation to the Public Service Board for award.

00100 - 17 (Revised 3/13/2024)

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 Offerors unless his or her Offer is lower than the lowest Offer 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 an Offer, 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 Contract Documents.

When information as to soil conditions, test borings, and existing underground and overhead utility locations is shown on the Plans, Specifications, Drawings, or in preliminary reports prepared by the Engineer or under the Engineer's direction, such information was obtained for the Owner. The correctness of such information is not guaranteed by the Owner or by the Engineer and in no event shall be considered as a part of the contract, an inducement to Proposal, or a factor for computation of Offers. If such information is used by the Offeror in preparing a proposal, the Offeror must assume all risks that conditions encountered in performing the Work may be different from the approximation shown. Owner hereby grants reasonable access to Offeror and/or his employees or contractors to examine the work site over which Owner has ownership or control.

4.2 Reference is made to the Supplementary General Conditions for identification of:

4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents.

4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents.

Copies of such reports and drawings will be made available by Owner to any Offeror on request. Those reports and drawings are not part of the Contract Documents. Technical data has been identified and established in the Supplementary General Conditions.

4.2.3 See SC 18.13. Those certain dewatering issues, procedures, payment terms, submittal requirements, and close out terms which are the responsibility of the Offeror and which may impact Offeror's pricing of this Offer.

4.3 Information and data reflected in the Contract Documents with respect to 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 or others, and Owner does not assume responsibility for the accuracy or completeness thereof.

00100 - 18 (Revised 3/13/2024)

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Offerors on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 5.03 and 5.04 of the General Conditions, and as may be amended in the Supplementary General Conditions.

4.5 Before submitting an Offer, each Offeror will, at Offeror's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Offeror deems necessary to determine its Offer for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.6 Each Offeror will be required to get permission from property owners to obtain access to the site to conduct such explorations and tests as each Offeror deems necessary for submission of an Offer.

Offeror shall fill all holes, clean up and restore the site to its former condition and to the satisfaction of the Engineer, upon completion of such explorations. Owner hereby grants reasonable access to Offeror and/or his employees or contractors to examine the work site over which Owner has ownership or control.

4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.8 The submission of a CSP will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this Article 4, that without exception the Proposal is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey to Offeror the understanding of all terms and conditions for performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA (Revised 10/16/20, 3/4/22, 12/11/23, 3/13/24)

5.1 Pursuant to the Cone of Silence policy, any communication between potential Offerors and

EPWater staff or Engineer relating to this project is prohibited. All questions regarding the meaning or intent of the Contract Documents must be submitted to Owner via Ion Wave and clicking on Current proposals, then the proposal # you have a question on and submit your question on the Question Tab. Interpretations or clarifications considered necessary by EPWU staff, Engineer, or Consultant in response to such questions will be issued by Addenda and will be posted on El Paso Water’s IonWave electronic bidding (e-bid) website. Offeror will be responsible to check the website regularly for any addenda or additional information for the project. Questions received less than ten (10) days prior to the date for opening of Offers will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications, either by EPWU staff, Engineer, or Consultant will be without legal effect.

5.2 Addenda may also be issued to modify the Proposal Documents as deemed advisable by Owner or Engineer, with Owner’s approval.

6. OFFER SECURITY (Revised 10/12/92, 2/25/93, 1/10/95, 5/22/95, 1/18/10, 7/13, 1/17/19, 10/16/20, 3/4/22, 3/13/24)

6.1 Each Offer must be accompanied by an original and notarized Offer security made payable to

Owner in an amount of five percent of the Offeror's maximum Offer price and in the form of a

00100 - 19 (Revised 3/13/2024) certified or cashier's check or a Offer Bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions and Paragraph 6.01 of the Supplementary General Conditions. If submitting an electronic Offer, original Offer bond is due prior opening date and time.

6.2 The Offer security of the Successful Offeror will be retained until such Offeror has executed the Agreement and furnished the required contract security and insurance, whereupon the Offer security will be returned. If the Highest Ranked Offeror fails to execute and deliver the Agreement and furnish the required contract security, insurance, and other required contract documents within ten days after the Notice of Award, Owner may annul the Notice of Award and the Offer security of that Offeror will be forfeited. The Offer security of other Offerors whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the ninety-first day after the Offer opening, whereupon Offer security furnished by such Offerors will be returned. Offer security with Offers which are not competitive will be returned within seven days after the Proposal opening.

The Offeror agrees by signing this Proposal that he fully understands the requirements of the CSP documents.

An incentive payment is available in the amount of $100 per day, up to a maximum of $300, for the Offeror's successful efforts in expediting delivery of fully compliant documents in a time period shorter than the 10-day maximum called out in the Notice of Award.

Should the Offeror fail to return the Agreements, acceptable Bonds, Insurance Certificates and insurance policies within ten days of receipt of the documents, the Utility may charge excess costs generated by such delay at the rate of $100 for each day of delay. In the event more than two reviews of insurance submittals are required by the Utility's Risk Manager, the Successful Offeror will additionally reimburse the Utility for those costs at the rate of $150 per hour which will apply to each fifteen-minute fraction thereof charged by the Risk Manager. These reimbursed costs will be deducted from the Offerors first Application for Payment or, in the event a Offer Bond is forfeited, such expenses may be reimbursed from the proceeds of the Offer Bond as part of the excess costs or re-procurement.

7. CONTRACT TIME

The number of Calendar Days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Agreement. Completion within this time is of the essence in the performance of this contract.

8. LIQUIDATED DAMAGES (Revised 3/18/96, 10/16/20)

Provisions for liquidated damages, if any, are set forth in the Agreement and in the Supplementary General Conditions SC-11.11.

9. SUBSTITUTE OR "OR EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor is acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the date of the Notice to Proceed. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 7.05 and 7.06 of the General Conditions and may be supplemented in the General Requirements.

10. SUBCONTRACTORS, SUPPLIERS AND OTHERS (Revised 10/12/92, 9/9/96, 12/10/97, 12/17/99, 7/13, 10/16/20)

00100 - 20 (Revised 3/13/2024)

10.1 The Offeror is required to identify all Subcontractors and Suppliers; to provide the value of each

10.2

10.3 proposed subcontract or purchase order; and to report their own and their subcontractor's business classification (Service-Disabled Veteran or Other). The Offeror shall submit with his or her Offer a list of all proposed Subcontractors and Suppliers. Space for this submittal is provided within the Offer Proposal, Section 00300. Use additional sheets as necessary.