Prepared by:

Texas Engineering Registration No. F-000802

10377 Stella Link Road, Houston, Texas 77025

Phone 713-942-2700, Fax 713-942-2799 www.as-engineers.com

PROJECT MANUAL

SEVEN MILE WATER PLANT EXPANSION

FOR

SUNBELT FRESH WATER SUPPLY DISTRICT

JUNE 2026

A&S Project No. 125505

�1 ��� �9����, / � �06/26/2026

FOR BIDDING PURPOSES ONLY

NOT FOR CONSTRUCTION

TABLE OF CONTENTS

SECTION ITEM PAGES

125505 06/26 toc - 1 / 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

TOC TABLE OF CONTENTS ....................................................................................................... 1- 3

00111 ADVERTISEMENT FOR BIDS ............................................................................................ 1- 2

00200 INSTRUCTIONS TO BIDDERS ........................................................................................... 1- 12

WAGE RATES ....................................................................................................................... 1- 21

00410 BID FORM ............................................................................................................................. 1- 5

CONFLICT OF INTEREST QUESTIONNAIRE .................................................................. 1- 2

00430 BID BOND ............................................................................................................................. 1- 2

00510 NOTICE OF AWARD ........................................................................................................... 1- 1

00520 AGREEMENT ........................................................................................................................ 1- 7

EXHIBIT B – CONTRACTOR STATEMENT OF UNDERSTANDING ............................ 1- 1

00610 PERFORMANCE BOND ...................................................................................................... 1- 4

00615 PAYMENT BOND ................................................................................................................. 1- 4

00700 GENERAL CONDITIONS OF AGREEMENT..................................................................... 1- 77

00800 SUPPLEMENTARY CONDITIONS ..................................................................................... 1- 15

TEXAS WATER DEVELOPMENT BOARD (TWDB) DOCUMENTS

TWDB-0552 Supplemental Contract Conditions and Instructions for Construction Services for Projects

Funded through State Programs .............................................................................................................. 1- 23

ED-101 Site Certificate ........................................................................................................................... 1- 3

ED-103 Contractor’s Act of Assurance .................................................................................................. 1- 1

ED-104 Contractor’s Act of Assurance Resolution ................................................................................ 1- 1

TWDB-0459 Vendor Compliance with Reciprocity of Non-Resident Bidders ...................................... 1- 1

TWDB-1105 United States Iron and Steel Guidance for Projects Funded through State Programs ...... 1- 23

DIVISION 01 - GENERAL REQUIREMENTS

01100 TWDB ENVIRONMENTAL CONDITIONS........................................................................ 1- 1

01110 ADDITIONAL REQUIREMENTS ........................................................................................ 1- 1

01145 USE OF PREMISES .............................................................................................................. 1- 3

01255 CHANGE ORDER PROCEDURES ...................................................................................... 1- 4

01270 MEASUREMENT AND PAYMENT .................................................................................... 1- 3

01292 SCHEDULE OF VALUES..................................................................................................... 1- 2

01312 MEETINGS ............................................................................................................................ 1- 3

01321 CONSTRUCTION PHOTOGRAPHS ................................................................................... 1- 4

01326 CONSTRUCTION SCHEDULE ............................................................................................ 1- 3

01330 SUBMITTAL PROCEDURES .............................................................................................. 1- 3

01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES ................................................. 1- 2

01350 PROJECT REPRESENTATIVE ............................................................................................ 1- 4

01360 TEMPORARY FACILITIES ................................................................................................. 1- 2

01452 INSPECTION SERVICES ..................................................................................................... 1- 1

01454 TESTING LABORATORY SERVICES ............................................................................... 1- 2

01502 MOBILIZATION ................................................................................................................... 1- 1

125505 06/26 toc - 2 / 3

DIVISION 01 - GENERAL REQUIREMENTS (CONTINUED)

01575 STABILIZED CONSTRUCTION EXIT ............................................................................... 1- 3

01610 PRODUCT SELECTION AND REQUIREMENTS ............................................................. 1- 5

01740 SITE RESTORATION ........................................................................................................... 1- 2

01755 STARTING SYSTEMS ......................................................................................................... 1- 1

01770 CLOSEOUT PROCEDURES ................................................................................................ 1- 2

01782 OPERATIONS AND MAINTENANCE MANUAL ............................................................. 1- 4

DIVISION 02 - SITE WORK

02085 VALVE BOXES, METER BOXES, AND METER VAULTS ............................................. 1- 6

02220 DEMOLITION ....................................................................................................................... 1- 5

02221 REMOVING EXISTING PAVEMENTS AND STRUCTURES .......................................... 1- 3

02316 EXCAVATION AND BACKFILL FOR STRUCTURES ..................................................... 1- 8

02317 EXCAVATION AND BACKFILL FOR UTILITIES ........................................................... 1- 13

02320 UTILITY BACKFILL MATERIALS .................................................................................... 1- 10

02321 CEMENT STABILIZED SAND ............................................................................................ 1- 8

02501 DUCTILE IRON PIPE AND FITTINGS ............................................................................... 1- 8

02502 STEEL PIPE AND FITTINGS ............................................................................................... 1- 10

02506 POLYVINYL CHLORIDE PIPE ........................................................................................... 1- 8

02511 WATER LINES ...................................................................................................................... 1- 18

02513 WET CONNECTIONS .......................................................................................................... 1- 2

02515 HYDROSTATIC TESTING OF PIPELINES ........................................................................ 1- 2

02525 TAPPING SLEEVES AND VALVES ................................................................................... 1- 4

02528 POLYETHYLENE ENCASEMENT / WRAP....................................................................... 1- 8

02662 PIPING, VALVES, FITTINGS & ACCESSORIES FOR WATER STORAGE TANKS ..... 1- 9

02921 HYDRO MULCH SEEDING................................................................................................. 1- 3

DIVISION 03 - CONCRETE

03100 CONCRETE FORMWORK ................................................................................................... 1- 10

03130 CONCRETE REINFORCEMENT ......................................................................................... 1- 5

03151 JOINTS IN CONCRETE STRUCTURES ............................................................................. 1- 4

03210 REINFORCING STEEL ........................................................................................................ 1- 8

03315 CONCRETE FOR UTILITY CONSTRUCTION .................................................................. 1- 16

03350 CONCRETE FINISHING ...................................................................................................... 1- 11

03390 CONCRETE CURING ........................................................................................................... 1- 4

DIVISION 04 – MORTAR / MASONRY

04061 MORTAR AND GROUT ....................................................................................................... 1- 4

DIVISION 05 - METALS

05501 METAL FABRICATIONS .................................................................................................... 1- 5

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07921 CAULKING AND SEALANTS ............................................................................................ 1- 3

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DIVISION 09 – FINISHES

09901 PROTECTIVE COATINGS (WATER) ................................................................................. 1- 17

DIVISION 11 – EQUIPMENT

11300 WATER DISTRIBUTION BOOSTER PUMPS .................................................................... 1- 5

DIVISION 13 – SPECIAL CONSTRUCTION

13500 BOLTED STEEL WATER TANK ........................................................................................ 1- 7

13600 HYDROPNEUMATIC PRESSURE TANK .......................................................................... 1- 3

DIVISION 15 – MECHANICAL

15050 BASIC MECHANICAL MATERIALS AND METHODS ................................................... 1- 4

15125 VALVES ................................................................................................................................ 1- 10

15200 AIR COMPRESSING AND AIR PIPING ............................................................................. 1- 2

DIVISION 16 – ELECTRICAL

16038 ELECTRICAL-VERTICAL INDUCTION MOTOR ............................................................ 1- 3

DIVISION 16 – ELECTRICAL (PROVIDED BY BAIRD GILROY & DIXON, LLC)

16015 SHORT-CIRCUIT/COORDINATION STUDY/ARC FLASH HAZARD ANALYSIS ....... 1- 11

DIVISION 16 – ELECTRICAL (PROVIDED BY COASTAL BEND CONSULTANTS, INC.)

16012 ELECTRICAL WORK ........................................................................................................... 1- 7

16111 CONDUIT, FITTINGS AND BODIES ................................................................................. 1- 9

16120 600-VOLT BUILDING WIRE AND CABLE ....................................................................... 1- 5

16131 DEVICE, PULL AND JUNCTION BOXES ......................................................................... 1- 3

16135 CABINETS, BOXES AND FITTINGS ................................................................................. 1- 7

16140 WIRING DEVICES ............................................................................................................... 1- 3

16195 ELECTRICAL IDENTIFICATION ....................................................................................... 1- 8

16401 ELECTRIC SERVICE ........................................................................................................... 1- 2

16402 UNDERGROUND DUCT BANKS ....................................................................................... 1- 4

16410 POWER FACTOR CORRECTION ....................................................................................... 1- 5

16452 GROUNDING ........................................................................................................................ 1- 9

16460 TRANSFORMERS ................................................................................................................ 1- 7

16470 PANELBOARDS ................................................................................................................... 1- 9

16475 OVERCURRENT PROTECTIVE DEVICES ....................................................................... 1- 13

16476 DISCONNECTS AND CIRCUIT BREAKERS .................................................................... 1- 5

16481 MOTOR CONTROLLERS .................................................................................................... 1- 8

16482 MOTOR-CONTROL CENTERS (600 V OR LESS)............................................................. 1- 10

16496 AUTOMATIC TRANSFER SWITCH ................................................................................... 1- 8

16525 EXTERIOR LIGHTING ........................................................................................................ 1- 9

END OF SECTION

SECTION 00111

ADVERTISEMENT FOR BIDS

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SEVEN MILE WATER PLANT EXPANSION

General Notice

Sunbelt Fresh Water Supply District (Owner) is requesting Bids for the construction of the following Project:

Seven Mile Water Plant Expansion

125505

Sealed Electronic Bids for the construction of the Project will be electronically received on Civcast until

Thursday, August 27, 2026 at 10:00 a.m. local time. At that time the Bids received will be publicly opened and read via conference call with time-stamped bid summary released to Civcast. To Join Conference Call: Dial-in number: (267) 930-4000, Access code: 825-129-055 #. Phone carriers may apply standard charges.

The Project includes the following Work: Constructing an expansion to the existing water plant including a new

220,000 gallon ground storage tank, booster pump replacements, electrical improvements, and miscellaneous site improvements. Key Map No. 414-S.

A pre-bid conference for the Project will be held on Thursday, August 20, 2026 at 11:30 a.m. via conference call. Attendance of the pre-bid conference is strongly encouraged but not required. To Join Conference Call:

Dial-in number: (267) 930-4000, Access code: 825-129-055 #. Phone carriers may apply standard charges.

Bid security shall be furnished in accordance with the Instructions to Bidders.

Upon award, performance and payment bonds shall be furnished in accordance with Article 6 of the General

Conditions, as may be modified by the Supplementary Conditions.

Information and Bidding Documents for the Project can be found at the following designated website:

www.CivcastUSA.com

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, reports, and other information relevant to submitting a Bid for the Project.

All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

This contract is contingent upon release of funds from the Texas Water Development Board (TWDB).

Any contract(s) awarded under this Advertisement/Invitation for Bids (IFB), Request for Proposals (RFP), or

Request for Qualifications (RFQ) is expected to be funded, in part, by financial assistance from the TWDB and that neither the State of Texas nor any of its departments, agencies, or employees will be a party to the IFB, RFP, RFQ, or any resulting contract.

SECTION 00111

ADVERTISEMENT FOR BIDS

125505 08/26 00111 - 2 / 2

All contract(s) awarded under this Advertisement/Invitation for Bids is/are subject to the United States Iron and

Steel (USIS) requirements of Texas Water Code §17.183 and/or Texas Government Code, Chapter 2252, Subchapter G, as amended by Senate Bill 1289 (85th Legislative Session), and 31 Texas Administrative Code

(TAC) §363.41, as applicable. (NOTE: USIS requirements do not apply to SWIFT projects for which the Board adopted a resolution approving an application for financial assistance prior to May 1, 2019, for any portion of the project.)

Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

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.

This Advertisement is issued by:

A&S Engineers, Inc.

August 6, 2026 and August 13, 2026

END OF ADVERTISEMENT FOR BIDS

SECTION 00200

INSTRUCTIONS TO BIDDERS

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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— 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— Wage Scale for Utilities Construction

Article 23— Additional Requirements

Article 24— Texas Water Development Board (TWDB) Requirements

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ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office from which the Bidding Documents are to be issued.

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 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing

Office. 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.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in PDF (Portable Document Format). It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and

Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

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B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and upon

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.

D. Subcontractor and Supplier qualification information.

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. Engineer 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.

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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.

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 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidder must conduct the required Site visit during normal working hours.

C. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

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E. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

F. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 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.

5.06 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.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 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. Submit questions via www.CivcastUSA.com.

7.02 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 three days prior to the date for opening of Bids may not be answered.

7.03 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.

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ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five 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 10 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 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, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by

Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders.

Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General

Conditions, and the review of the request will be governed by the principles in those paragraphs.

The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

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.

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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 upon request.

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 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 next lowest Bidder 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 Unless otherwise directed in the Advertisement or invitation to bid, each Bid shall be submitted in conformity with the requirements of the Advertisement or invitation to bid, these instructions, and the instructions printed on the Bid Form.

12.02 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.”

12.03 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.

12.04 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.

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12.05 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.

12.06 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.

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

12.08 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.

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

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

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

12.12 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.

12.13 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.

13.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

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13.03 Base Bid with Alternates

A. Bidders must submit a Bid on a unit price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

Alternate Bid Items are to be performed only with written authorization from Engineer.

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 accompanied by the Bid security, if required, and other required documents.

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.

14.03 By submitting a Bid, Bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an Electronic Signature.

ARTICLE 15—WITHDRAWAL OF BID

15.01 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, 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 60 days after bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner, 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.

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18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid

Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

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 10 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. 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 Supplementary 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. (Exemption No. 76-0505304). Said taxes must not be included in the

Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—WAGE SCALE FOR UTILITIES CONSTRUCTION

22.01 In accordance with Chapter 2258, Texas Government Code, the public body awarding the contract does hereby specify Exhibit A to be the general prevailing rates in the locality in which the work is being performed.

22.02 This prevailing wage rates does not prohibit the payment of more than the rates stated.

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22.03 The wage scale for engineering construction is to be applied to all site work greater than 5 feet from an exterior wall of a new building under construction or from an exterior wall of an existing building.

ARTICLE 23—ADDITIONAL REQUIREMENTS

23.01 Pursuant to Chapter 176, Local Government Code, the Conflict of Interest Questionnaire, located in the project manual, is to be filled out where applicable and submitted at the time of bid.

23.02 Pursuant to Texas Government Code § 2252.908, you must provide SUNBELT FRESH WATER

SUPPLY DISTRICT (the "District") with a completed original of the Certificate of Interested

Parties form (TEC Form 1295) at the time of bid. Failure to do so will result in the District's inability to accept the bid. To complete the Certificate of Interested Parties form, or for further information, please visit the Texas Ethics Commission's website at https://www.ethics.state.tx.us/filinginfo/1295/. Additionally, TEC Form 1295 may be required for any amended, extended, or renewed contract.

Please use the following information to fill out the form:

“Governmental Entity (District) Name”: Sunbelt Fresh Water Supply District;

“Identification Number”: 125505;

“Description of goods and services to be provided”: Seven Mile Water Plant Expansion.

23.03 The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and contract and contractor agrees that the contract can be terminated if contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

Contractor shall: (1) preserve all Contracting Information (defined below) in Contractor's possession related to this Contract as provided by the District's records control schedule (available upon request, also see https://www.tsl.texas.gov/slrm/localretention) for the duration of the

Contract; (2) promptly provide to the District on the District's request any Contracting Information in Contractor's custody or possession; and (3) on completion of the Contract, either provide at no cost to the District all Contracting Information related to the Contract in Contractor's possession, or preserve such Contracting Information as provided by the District's records control schedule.

For purposes of this Contract, Contracting Information means information related to the Contract in Contractor's custody or possession, including:

1. information in a voucher or the Contract relating to the receipt or expenditure of public funds by the District;

2. solicitation or bid documents relating to the Contract with the District;

3. communications sent between the District and Contractor during the solicitation, evaluation, or negotiation of the Contract;

4. documents, including bid tabulations, showing the criteria by which, the District evaluated Contractor or potential contractors responding to a solicitation and, if applicable, an explanation of why Contractor was selected; and

5. communications and other information sent between the District and Contractor related to the performance of the Contract or work performed thereunder on behalf of the District.

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In submitting a bid, bidder and…