Heath Water Well 3_100 Specs.pdf

TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

Heath Water Well 3

Prepared for:

City of Heath

200 Laurence Drive

Heath, Texas 75032

100% SUBMITTAL

Prepared by:

Texas Engineering Firm Registration Number: 928

13455 Noel Road Two Galleria Office Tower, Suite 700

Dallas, TX 75240

HEATH WATER WELL 3

JULY 2026

SEAL SHEET

Tanner Henson, P.E. For Civil Design/Improvements:

Kimley-Horn and Associates, Inc. Division 0 TBPE Reg # F-928 Division 1 13455 Noel Road, Two Galleria Division 3 Office Tower, Suite 700 Division 4 Dallas, TX 75240 Division 9 Division 13

Division 31 Division 33 Division 40

Sean Hudson, P.E. For Electrical Design/Improvements:

Kimley-Horn and Associates, Inc Division 26 TBPE Reg # F-928 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, Texas 75240

7/30/2026

F

SEAN HUDSON i ' 153284

City of Heath SECTION 00 01 10 Water Well 3 TABLE OF CONTENTS Kimley-Horn Project No: 064467609 Page 1 of 2

Division 00 - Procurement and Contracting Requirements 00 00 00 Project Cover Page 00 01 07 Seal Page 00 01 10 Table of Contents 00 11 13 Advertisement for Bid 00 21 13 Instructions to Bidders 00 41 43 Bid Form 00 41.43.01 Bid Form Exhibit A 00 43 13 Bid Security Form 00 45 13 Bidder's Qualifications 00 45 19 Non-Collusion Affidavit 00 45 20 Conflict of Interest Questionnaire 00 45 48 IRS Form W9 00 46 01 Form 1295 00 48 01 Prohibition on Boycotting Israel 00 52 13 Standard Form of Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 62 00 Certificate of Insurance 00 62 01 Insurance Requirements 00 62 10 Certificate of Substantial Completion 00 72 00 Standard General Conditions 00 73 00 Supplementary Conditions

Division 01 - General Requirements 01 11 00 Summary of Work 01 31 19 Project Meetings 01 31 20 Pre-Construction Conference 01 33 23 Shop Drawing Product Data and Sampling 01 45 16 Hydrostatic Testing and Disinfection 01 45 23 Testing and Inspection Services 01 52 00 Construction Facilities 01 57 00 Temporary Controls 01 75 16 Starting of Systems 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents

Division 03 - Concrete 03 21 00 Concrete Reinforcement 03 30 00 Cast in Place Concrete

Division 09 – Finishes 09 96 57 Pipe and Equipment Painting

City of Heath SECTION 00 01 10 Water Well 3 TABLE OF CONTENTS Kimley-Horn Project No: 064467609 Page 2 of 2

Division 13 – Special Construction 13 34 23 Precast Concrete Building

Division 26 – Electrical 26 00 10 Electrical General Provisions 26 01 10 Raceways 26 01 20 Wire and Cable 26 01 91 Dry Type Transformers 26 01 92 Lighting Panelboards 26 01 95 Mechanical Equipment Control Panels 26 02 10 Electric Utility Service 26 03 52 Outdoor Service Main 26 03 56 Harmonic Filters 26 03 57 Variable Frequency Drives 26 04 10 Underground 26 04 50 Grounding 26 09 10 Instrumentation

26 09 30 SCADA

Division 31 – Earthwork 31 10 00 Site Clearing 31 23 33 Trenching, Backfilling and Compaction 31 25 00 Erosion and Sedimentation Controls 31 30 00 Earthwork 31 41 33 Trench Safety Requirements

Division 33 – Site Utilities 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 13 Potable Water Wells 33 12 33 Ultrasonic Flow Meters 33 12 80 Expansion Joints, Couplings and Tapping Valves 33 14 11 Polyvinyl Chloride (PVC) Pipe

Division 40 – Process Interconnections 40 05 61 Gate Valves – Resilient Wedge 40 05 65 Check Valves 40 05 70 Air & Vacuum Relief Valves

City of Heath SECTION 00 11 13 Water Well 3 ADVERTISEMENT FOR BIDS Kimley-Horn Project No: 064467609 Page 1 of 1

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ADVERTISEMENT FOR BIDS

General Notice

City of Heath (Owner) is requesting Bids for the construction of the following Project:

Heath Water Well 3

Bids for the construction of the Project will be received at Heath City Hall located at 200 Laurence Dr, Heath, TX 75032 until August 25, 2026 at 2:00 PM. At that time the Bids received will be publicly opened and read.

An optional Pre-Bid Conference will be held on August 13, 2026 at 2:00 PM, at Heath City Hall located at 200 Laurence Dr, Heath TX 75032. Each bidder shall be limited to three personnel per organization.

The Project includes the following Work:

Work of the project generally includes the installation of a water well at the City of Heath’s future elevated storage tank east of Governor’s Blvd. The work includes but is not limited to: Drilling and completion of approximately 3,420 ft deep well, installation of well casing, column pipe, blank liner, stainless steel screening, discharge piping, associated pipe appurtenances, electrical equipment, pump, motor, treatment, and site civil improvements.

Obtaining the Bidding Documents

Bid/Contract documents including bid proposal form, plan sheets, and specifications for the Project may be viewed and downloaded free of charge at www.civcastusa.com. Please submit questions for this project at least 7 business days prior to bid opening through www.civcastusa.com in the Q&A portal. All addenda issued for this project will only be posted on www.civcastusa.com.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Advertisement Dates:

July 31, 2026

August 7, 2026 http://www.civcastusa.com/

City of Heath SECTION 00 21 13 Water Well 3 INSTRUCTION TO BIDDERS Kimley-Horn Project No: 064467609 Page 1 of 15

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Article 23— Workers’ Compensation Insurance Coverage

Article 24— Labor classification and minimum wage scale

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Defined Terms

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

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

1.02 Any reference to the term “Bidder” shall also mean “Offeror” and to “Bid” shall mean “Proposal” in the Proposal Documents.

ARTICLE 2— BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within three days of Owner’s request, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. www.civcast.com

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed within five days after Bid opening.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the Bidder with the next highest total summation of Points for the Best Value that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

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

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

ARTICLE 14—SUBMITTAL OF BID

14.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

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

ARTICLE 16—OPENING OF BIDS

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

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 Bids will be evaluated by a Selection Team consisting of three (3) to five (5) persons appointed by the Owner. The Selection Team will score the received Bids based on the evaluation criteria below to determine the Bidder that provides the Best Value. In evaluating a Bid from a Nonresident Bidder, Bid Prices and/or evaluation scores will be adjusted to the extent practicable to offset the advantage, if any, the Nonresident Bidder would have over a Texas-resident bidder or offeror in the Nonresident Bidders’s state.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

18.05 The Owner will process and evaluate the Bids expeditiously. The Owner will not be liable to any Bidder, however, for any delays with the evaluation, award or execution of the Contract.

18.06 Evaluation shall be based on the highest scoring of the Bids with a maximum score of 100 points apportioned as follows:

Evaluation Criteria Points

Price

Bidder Qualifications

Safety Record Questionnaire

Construction Time

Maximum Score:

18.07 Evaluation criteria will be as follows:

A. Bid Price (60 Points): The quality of Bidders is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of one hundred (100) multiplied by the weight of the price factor (0.60) for the price score (maximum score of 60). For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score.

B. Bidder Qualifications (30 Points): When evaluating a Bidder’s qualifications, the Owner uses the forms located in the Bidder’s Qualifications section and past experience with the Bidder.

The Owner may also interview the proposed project personnel at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows:

(Points X Weight = Score) with a maximum of one hundred (100) points and a weight of 0.30 resulting in a maximum score of 30. Each evaluator assigns points based upon the responses the Bidder provides in the Bidder’s Qualifications section and any past experience with the Bidder. The Bidder’s Qualifications section is a minimum, and the Bidder may provide additional pertinent information relevant to the project for which the Bidder is submitting a proposal.

C. Safety Record Questionnaire (5 Points): This criterion is also more subjectively evaluated and based on the sum of the four Safety Record Questionnaire questions found in the Bidder’s Qualifications section. Questions 1 through 3 have a maximum of twenty (20) points and a weight of 0.05. A “Yes” response will be evaluated. A “No” response will result in the maximum points of 20 for that question. The formula for questions 1 through 3 is as follows:

(Points X Weight = Score) (maximum score for questions 1 through 3 is 3.0).

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Question 4 relates to the Experience Modification Ratio (EMOD). The lowest EMOD of all the EMOD’s becomes the standard by which all EMOD’s are evaluated. One at a time, each proposal is evaluated by taking the lowest EMOD and dividing it by the EMOD being evaluated. That fraction is then multiplied by the maximum point value of forty (40) multiplied by the weight value of 0.05 for the EMOD score (maximum score of 2.0). For Example: (Lowest EMOD/Current EMOD) x Maximum Point Value x Weight Factor = EMOD Score.

Each evaluator assigns points based upon the responses provided in the “Safety Record Questionnaire” and the Bidders Experience Modification Ratio. The Bidder must submit this ratio with the proposal. Bidders with an Experience Modification Ratio greater than 1 will receive a score of zero on safety question 4.

The Owner may consider any incidence involving worker safety, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the Bidder’s control. Evaluators base their rating primarily upon how well the Bidder documents previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio.

D. Construction Time (5 Points): This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of one hundred (100) multiplied by the weight of the construction time factor (0.05) for the construction time score (maximum score of 5). For Example: (Lowest Construction Time/Current Construction Time) x Maximum Point Value x Weight Factor = Price Score.

18.08 In the event of a tie in the total summation of Points for the Best Value, the lowest Proposal Price will break the tie and determine the Successful Offeror.

18.09 The Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.10 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of any Offeror, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time.

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Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

Not applicable

ARTICLE 23—WORKERS’ COMPENSATION INSURANCE COVERAGE

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

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

Persons providing services on the Project ("subcontractor" in Section 406.096 of the Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, Kimley-Horn Project No: 064467609 Page 13 of 15

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, owner-operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling; or delivering equipment or materials, or providing labor, transportation, or other service related to a project, "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

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

23.3 The Contractor must provide a certificate of coverage to the Owner prior to being awarded-the Contract.

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

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

1. A certificate of coverage, prior to that person beginning work on the Project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and

2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project;

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

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

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

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

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

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

Kimley-Horn Project No: 064467609 Page 14 of 15

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project;

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

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

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

5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter;

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

7. Contractually require each other person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificate of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TWCC's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

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

ARTICLE 24—LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

24.1 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract the applicable minimum wage rates. The statute further provides that the Contractor or Subcontractors shall pay, as a penalty, to the Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. The Owner is authorized to withhold from the Contractor the amount due under Contract.

The statute likewise requires that the Contractor and Subcontractors keep an accurate record of the name and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Owner.

Kimley-Horn Project No: 064467609 Page 15 of 15

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Use the reference wage scale in the contract documents for Labor Classification and Minimum Wage

Scale.

City of Heath SECTION 00 41 43 Water Well 3 BID FORM Kimley-Horn Project No: 064467609 Page 1 of 5

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

City of Heath

200 Laurence Dr

Heath, TX 75032

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; and

F. Required Bidder Qualification Statement with supporting data.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices as shown in Exhibit A.

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

Kimley-Horn Project No: 064467609 Page 2 of 5

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all…