Project Manual as Part of the Bidding Documents (1).pdf

CITY OF WOODWAY

ACORN WELL PUMP STATION IMPROVEMENTS

JUNE 2026

PROJECT NUMBER 1-03555

PROJECT MANUAL

T.B.P.E. Registration No. 8053

June 11, 2026 sgillaspie PROJECT MANUAL as part of the Bidding Documents

Table of Contents

00 01 19 - 1

DOCUMENT 00 01 19

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

Document Title No. of Pages

00 01 19 Table of Contents

PROCUREMENT REQUIREMENTS

00 11 19 Invitation to Submit Proposals

00 21 19 Instructions to Offerors

00 22 19 Statement of Qualifications

00 41 19 Proposal Form

00 42 19 Proposal Bond

CONTRACTING REQUIREMENTS

00 45 19 Notice of Award

00 46 00 Notice to Proceed

00 52 15 Agreement

00 61 00 Performance Bond

00 61 50 Payment Bond

00 72 19 General Conditions

00 73 19 Supplementary Conditions

00 91 19 Addenda

00 92 19 Non-Collusion Affidavit

00 93 19 Wage Rates

Sample Forms

Work Change Directive

Field Order

Change Order

Contractor’s Application for Payment

Certificate of Substantial Completion

TECHNICAL SPECIFICATIONS

Section Title No. of Pages

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 Summary 2

01 20 00 Price and Payment Procedures 4

01 21 00 Mobilization 1

01 25 00 Substitution Procedures 2

01 30 00 Administrative Requirements 3

01 33 00 Submittal Procedures 5

01 40 00 Quality Requirements 4

01 50 00 Temporary Facilities and Controls 6

00 01 19 - 2

01 60 00 Product Requirements 2

01 70 00 Execution and Closeout Requirements 11

DIVISION 03 – CONCRETE

03 01 00 Maintenance of Concrete

03 10 00 Concrete Forming and Accessories

03 20 00 Concrete Reinforcing

03 30 00 Cast-In-Place Concrete

03 35 00 Concrete Finishing 6

03 39 00 Concrete Curing 3

03 60 00 Grouting 5

DIVISION 23 – HEATING VENTILATION AND AIR CONDITIONING

23 05 00 HVAC

DIVISION 26 – ELECTRICAL

26 00 10 Electrical General Provisions

26 01 10 Raceways

26 01 20 Wire and Cable

26 01 95 Lighting Panelboards

26 01 96 Dry Type Transformers

26 01 99 Miscellaneous

26 02 10 Electric Utility Service

26 03 54 Motor Control Centers

26 04 10 Underground Electrical

26 04 50 Grounding

26 04 55 Lightning Protection

26 09 30 SCADA

DIVISION 31 - EARTHWORK

31 05 13 Topsoil 3

31 10 00 Clearing 4

31 23 15 Trench Safety Systems 4

31 23 16 Excavation 3

31 23 17 Trenching 11

31 23 23 Fill 8

31 23 24 Flowable Fill 5

31 25 12 Storm Water Pollution Prevention 3

DIVISION 32 – CIVIL SITE IMPROVEMENTS

32 05 16 Aggregates for Civil Site Improvements 5

32 11 23 Flexible Base 4

32 13 13 Concrete Paving

32 13 15 Joint Sealer 4

32 31 13 Chain Link Fences and Gates 4

32 92 19 Seeding 7

00 01 19 - 3

32 92 23 Sodding 6

DIVISION 33 - UTILITIES

33 05 19 Pressure Piping Tied Joint Restraint System 4

33 11 13 Public Water Utility Distribution Piping 14

33 12 13 Water Service Connections 8

33 12 16 Water Utility Distribution Valves 7

33 13 00 Disinfecting of Water Utility Distribution 4

END OF TABLE OF CONTENTS

Invitation to Submit Proposals

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DOCUMENT 00 11 19

INVITATION TO SUBMIT PROPOSALS

City of Woodway (Owner) is requesting Competitive Sealed Proposals for Acorn Well Pump Station

Improvements from qualified contractors to be received until 3:00 PM. on July 14, 2026, in its offices located at 922 Estates Drive, Woodway, TX 76712. Competitive Sealed Proposals will be publicly opened and read aloud shortly thereafter at same location. Proposals are invited for furnishing all labor, equipment, and materials necessary for construction of the following:

Project No. 1-03555 – Acorn Well Pump Station Improvements

Acorn Well Pump Station Improvements consists of but is not limited to all labor, materials, equipment, appurtenances, and incidentals as required to properly install, complete and be accepted in place a new concrete masonry unit (CMU) building to contain an electrical room, chlorine room, and liquid ammonium sulfate (LAS) room. The existing site includes a water well and above-ground 300,000-gallon storage tank originally constructed in 1985, pumping facilities, electrical equipment, chemical equipment, and hydropneumatic pressure tank. A subsequent improvement project was constructed in 1999 that included upgrades to the pumping and site piping along with a new pressure tank and improvements to the chemical injection system. This proposed project will leave the existing well, ground storage tanks, pumping system, and pressure tank in-place and consolidate all electrical and chemical equipment into a single building with all necessary components as shown on the project drawings and as specified herein.

Project will be awarded to Offeror providing best value to Owner based on a number of factors including cost, experience of contract, and prior work performance.

Proposals must be submitted on forms provided in Proposal Documents and accompanied by a Proposal

Security in the penal sum of not less than five percent (5%) of base proposal amount, payable without recourse to Owner. Proposal Security may be in either form of a cashier’s check or Offeror’s Bond from a security company approved to conduct business in State of Texas as a guarantee that Offeror will enter into a contract and execute a 100% payment bond within fifteen (15) days after issuance of a notice of award to that Offeror. Proposals not accompanied by such Security or received after designated proposal time will not be considered. Refer to other Proposal requirements described in Document 00 21 19 –

Instructions to Offerors.

Copies of Proposal Documents (Project Manual and Drawings) are on file and may be examined at office of

Engineer. Copies of the Proposal Documents can be obtained electronically online from CivCast

(www.civcastusa.com). All questions must be submitted electronically through CivCast’s Question and

Answer feature. For more information, contact Amy Jo Moreno at (254) 714-1402 or amoreno@walkerpartners.com.

Owner reserves the right to reject any or all Proposals and to waive informalities and irregularities.

END OF SECTION

Instructions to Offerors

00 21 19 - 1

INSTRUCTIONS TO OFFERORS

for

COMPETITIVE SEALED PROPOSALS

TABLE OF CONTENTS

ARTICLE 0 – SUMMARY OF REQUEST FOR COMPETITIVE SEALED PROPOSAL PROCESS ... 2

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF PROPOSAL DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF OFFERORS

ARTICLE 4 - EXAMINATION OF PROPOSAL DOCUMENTS, OTHER RELATED DATA, AND

SITE

ARTICLE 5 - PRE-PROPOSAL CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - PROPOSAL SECURITY

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF PROPOSAL

ARTICLE 14 - BASIS OF RANKING PROPOSALS; COMPARISON OF PROPOSALS

ARTICLE 15 - SUBMITTAL OF PROPOSAL

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF PROPOSAL

ARTICLE 17 - OPENING OF PROPOSALS

ARTICLE 18 - PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 – EVALUATION OF PROPOSALS AND AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - RETAINAGE

ARTICLE 24 - CONFLICT OF INTEREST

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ARTICLE 0 - SUMMARY OF REQUEST FOR COMPETITIVE SEALED PROPOSAL

PROCESS

0.01 Objective of Request for Competitive Sealed Proposal (Proposal) process is to competitively procure services with a qualified contractor whose Proposal provides best value for Owner for Acorn Well

Pump Station Improvements. Proposals will be received, publicly opened, and names and monetary

Proposals of each Offeror read aloud. Subsequently, Proposals will be ranked according to criteria described in these INSTRUCTIONS TO OFFERORS. Both cost and non-cost factors will be evaluated and scored.

One or more Offerors may be invited back for discussions or to present their Proposal to Owner before final rankings are made. Owner may enter into contract negotiations with highest ranked firm for completion of

Work. If negotiations with highest ranked firm are unsuccessful, Owner will formally close negotiations with this firm and initiate contract negotiations with next highest ranked firm. Upon agreement between both parties, a Contractor-executed Contract may be recommended for approval by Owner’s governing body. Upon approval, Contract will be executed by Owner.

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Offerors have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to Offerors have the meanings indicated below:

A. Apparent Best Value Offeror -- Proposing Firm (Offeror) whose Proposal for completion of Work provides best value for Owner as defined by ranking criteria detailed in Article 14 of Instructions to Offerors.

B. Best Value Offeror -- The Proposing Firm (Offeror) submitting the responsive, best value Proposal to whom Owner makes an award.

C. Contract Negotiations-- Discussions which take place between Owner and Apparent Best Value

Offeror in an effort to reach agreement on contract scope of work, cost, and other contractual requirements.

D. Issuing Office--The office from which the Proposal Documents are to be issued and where the bidding procedures are to be administered. For this project issuing office is Walker Partners, 823Washington Avenue, Suite 100, Waco, Texas 76701.

E. Proposal--The offer or proposal of an Offeror submitted on the prescribed form setting forth the prices for the Work to be performed.

F. Offeror--The Offeror (an individual or entity) who submits a Proposal directly to Owner.

G. Proposal Documents--The Proposal Requirements and the proposed Contract Documents

(including all Addenda).

H. Proposal Requirements--The Invitation to Submit Proposals, Instructions to Offerors, Proposal security of acceptable form, if any, and the Proposal Form with any supplements.

I. Statement of Qualifications (SOQ)-- Offeror submitted documents which describe Offering Firm’s qualifications for performing Work and contain no pricing or cost data.

00 21 19 - 3

ARTICLE 2 - COPIES OF PROPOSAL DOCUMENTS

2.01 Complete sets of Proposal Documents shall be used in preparing Proposals; neither Owner nor

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

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

ARTICLE 3 - QUALIFICATIONS OF OFFERORS

3.01 Offeror’s qualifications to perform the Work, including financial data, previous experience, present commitments, and such other data outlined in Document 00 22 19 – Statement of Qualifications.

ARTICLE 4 - EXAMINATION OF PROPOSAL DOCUMENTS, OTHER RELATED DATA,

AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that

Engineer has used in preparing the Proposal Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Proposal Documents.

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Offeror on request. Those reports and drawings are not part of the Contract Documents, but the

“technical data” contained therein upon which Offeror is entitled to rely as provided in Paragraph 4.02 of the

General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions.

Offeror is responsible for any interpretation or conclusion Offeror draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Proposal Documents with respect to existing

Underground Facilities at or contiguous to the Site is based upon information and data furnished to

Owner and Engineer by owners of such Underground Facilities, including Owner, or others. The

Contractor shall call Texas 811 at 1-800-344-8377 at least 48 hours prior to digging.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous

Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Proposal

Documents.

00 21 19 - 4

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Offeror on request. Those reports and drawings are not part of the Contract Documents, but the

“technical data” contained therein upon which Offeror is entitled to rely as provided in Paragraph 4.06 of the

General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions.

Offeror is responsible for any interpretation or conclusion Offeror draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Offerors with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Proposal Documents due to differing or unanticipated conditions appear in

Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Offerors with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental

Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or

Specifications or identified in the Contract Documents to be within the scope of the Work appear in

Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Offeror access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Offeror deems necessary for submission of a Proposal.

Offeror shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Offeror shall comply with all applicable Laws and

Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 7 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Proposal Documents (if applicable). On request, Owner will provide to each Offeror for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.07 It is the responsibility of each Offeror before submitting a Proposal to:

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

Proposal Documents, and any Addenda;

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

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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary

Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of

Hazardous Environmental Conditions at the Site which have been identified in the Supplementary

Conditions as provided in Paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Offeror, including applying any specific means, methods, 00 21 19 - 5 techniques, sequences, and procedures of construction expressly required by the Proposal Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Proposal that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Proposal for performance of the

Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the

Proposal Documents;

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

H. correlate the information known to Offeror, information and observations obtained from visits to the

Site, reports and drawings identified in the Proposal Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Proposal Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Offeror discovers in the Proposal Documents and confirm that the written resolution thereof by Engineer is acceptable to Offeror; and

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

4.08 The submission of a Proposal will constitute an incontrovertible representation by Offeror that

Offeror has complied with every requirement of this Article 4, that without exception the Proposal is premised upon performing and furnishing the Work required by the Proposal Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Proposal Documents, that Offeror has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Offeror has discovered in the Proposal

Documents and the written resolutions thereof by Engineer are acceptable to Offeror, and that the Proposal

Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-PROPOSAL CONFERENCE

5.01 A pre-Proposal conference will be held at 10:00 a.m. local time on June 30, 2026, at City of

Woodway City Hall, 922 Estates Dr., Woodway, TX. Representatives of Owner and Engineer will be present to discuss the Project. Offerors are encouraged to attend and participate in the conference.

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

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Proposal Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the

Proposal Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

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ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Proposal Documents are to be submitted to

Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded by Engineer as having received the

Proposal Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

ARTICLE 8 – PROPOSAL SECURITY

8.01 A Proposal must be accompanied by Proposal security made payable to Owner in an amount of five (5) percent of Offeror’s maximum Proposal price and in the form of a certified check or bank money order or a Proposal Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs

5.01 and 5.02 of the General Conditions.

8.02 The Proposal security of the Best Value Offeror will be retained until such Offeror has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Proposal security will be returned. If the Best Value Offeror fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of

Award, Owner may annul the Notice of Award and the Proposal security of that Offeror will be forfeited.

The Proposal security of other Offerors whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or

61 days after the Proposal opening, whereupon Proposal security furnished by such Offerors will be returned.

8.03 Proposal security of other Offerors whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Proposal opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The Work shall be substantially completed within 365 calendar days after the date when the

Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 395 calendar days after the date when the Contract Times commence to run.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Liquidated damages in the amount of $250.00 shall be assessed each day after the number of days specified as the contract time as set forth in Article 9, above and in accordance with Article 4.03 of the

Agreement.

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ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Proposal Documents, or those substitute or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Proposal Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Offeror and has been received by Engineer at least 15 days prior to the date for receipt of Proposals. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Offeror.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Offerors. Offerors shall not rely upon approvals made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the Apparent Best Value Offeror, and any other Offeror so requested, shall within five (5) days after Proposal opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner.

If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request Apparent Best

Value Offeror to submit a substitute, without an increase in the Proposal.

12.02 If Apparent Best Value Offeror declines to make any such substitution, Owner may award the

Contract to the next Apparent Best Value Offeror that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Proposal security of any Offeror. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective

Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

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

ARTICLE 13 - PREPARATION OF PROPOSAL

13.01 The Proposal Form is included with the Proposal Documents.

13.02 All blanks on the Proposal Form shall be completed by printing in ink or typed and the Proposal signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Proposal Form. A proposed price shall be indicated for each section, proposed item, alternative, and unit price item listed therein, or the words “No Proposal,” “No Change,” or “Not Applicable” entered.

13.03 A Proposal by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall

00 21 19 - 8 be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Proposal by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

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

13.06 A Proposal by an individual shall show the Offeror’s name and official address.

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

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

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

13.10 The address and telephone number for communications regarding the Proposal shall be shown.

13.11 The Proposal shall contain evidence of Offeror’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract.

ARTICLE 14 - BASIS OF RANKING PROPOSALS; COMPARISON OF PROPOSALS

14.01 Offeror shall submit a Statement of Qualifications (Document 00 22 19) and a Total Proposal Price

(Contract Price) as stated on the Proposal Form (Document 00 41 19) to Owner for consideration and evaluation to determine which Offeror, in the opinion of Owner, will provide the best value to Owner as prescribed in the State of Texas Government Code; Title 10; Subtitle F; Chapter 2269 – Contracting and

Delivery Procedures for Construction Projects.

14.02 Owner shall rank and compare Proposals based upon the following criteria utilizing the applicable point value for each criterion. Evaluation shall be based on the highest scoring of the proposals with a maximum score of 100 points apportioned as follows:

POINT

CRITERION VALUE

A. Total Proposal Price 60

B. Relevant Experience, Past Performance, and References 15

C. Proposed Personnel and Subcontractors 10

D. Quality of Work 5

E. Ability to Meet Schedules 5

F. Other Factors (Financial Capability; Claims History and Litigation;

Safety Record) 5

Total: 100

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ARTICLE 15 - SUBMITTAL OF PROPOSAL

15.01 The Proposal Form (Document 00 41 19) is to be completed and submitted with the Proposal

Security (Document 00 42 19).

15.02 A Proposal shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Submit Proposals and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Proposal is submitted), the name and address of Offeror, and shall be accompanied by the Proposal security and other required documents. If a Proposal is sent by mail or other delivery system, the sealed envelope containing the Proposal shall be enclosed in a separate envelope plainly marked on the outside with the notation

“PROPOSAL ENCLOSED.” Proposals not received by the specified time or at the specified location will

NOT be accepted and will be returned unopened to Offeror.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF PROPOSAL

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

16.02 If within 24 hours after Proposals are opened, any Offeror 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 Proposal, that Offeror may withdraw its Proposal, and the Proposal security will be returned. Thereafter, if the Work is rebid, that Offeror will be disqualified from further bidding on the Work.

ARTICLE 17 - OPENING OF PROPOSALS

17.01 Proposals will be opened at the time and place indicated in the Invitation to Submit Proposals and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Proposals and major alternates, if any, will be made available to Offerors after the opening of Proposals.

ARTICLE 18 - PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF PROPOSALS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. Owner further reserves the right to reject the Proposal of any Offeror whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Proposal of any Offeror if Owner believes that it would not be in the best interest of the

Project to make an award to that Offeror. Owner also reserves the right to waive all informalities not

00 21 19 - 10 involving price, time, or changes in the Work and to negotiate contract terms with the Apparent Best Value

Offeror.

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

Proposals in which that Offeror has an interest.

19.03 In evaluating Proposals, Owner will consider whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Proposal

Form or prior to the Notice of Award.

19.04 In evaluating Offerors, Owner will consider the qualifications of Offerors based upon the criteria and associated point values as prescribed in ARTICLE 14 – BASIS OF RANKING PROPOSALS;

COMPARISON OF PROPOSALS.

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

19.06 Evaluation and ranking of Proposals will be completed no later than 30th calendar day from date of Proposal opening. Offerors are requested not to withdraw their Proposals within sixty (60) calendar days from date on which Proposals are opened. Proposal security of highest ranking firms will be held by

Owner until contract negotiations are finalized.

19.07 Owner, at its discretion, may also choose to conduct interviews with top ranking Offerors to provide Offerors a better opportunity to demonstrate they can provide best value to Owner for this

Project. Should Owner choose to conduct interviews with top ranking Offerors, they will be notified of:

A. Time and place for interview.

B. Interview format and agenda.

C. Questions to prepare for interview.

D. Failure to participate in interview may result in disqualification from consideration for project.

19.08 If the Contract is to be awarded, Owner will award the Contract to the Offeror whose Proposal is the best value and not necessarily to the Offeror proposing the lowest price.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Best Value

Offeror delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Best Value Offeror, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Best Value Offeror shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.

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Within ten (10) days thereafter, Owner (or Engineer) shall deliver one fully signed counterpart to Best Value

Offeror with a complete set of the Drawings with appropriate identification.

ARTICLE 22 - SALES AND USE TAXES

22.01 Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Proposal. Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information.

ARTICLE 23 - RETAINAGE

23.01 The amount of retainage shall be 5% of the Work as approved on the “Contractor’s Application for Payment,” in which 5% shall be retained on each payment application until the Final Payment.

ARTICLE 24 – CONFLICT OF INTEREST

24.01 Chapter 176 of Texas Local Government Code mandates public disclosure of certain information concerning persons doing business or seeking to do business with Owner, including affiliations and business and financial relationships such persons may have with Owner. An explanation of requirements of Chapter 176, applicable forms and a complete text of this law are available at:

http://www.ethics.state.tx.us/forms/CIQ.pdf.

BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH OWNER, YOU ACKNOWLEDGE

THAT YOU HAVE BEEN NOTIFIED OF REQUIREMENTS OF CHAPTER 176 OF TEXAS LOCAL

GOVERNMENT CODE AND THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH

THEM.

http://www.ethics.state.tx.us/forms/CIQ.pdf

Statement of Qualifications

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DOCUMENT 00 22 19

STATEMENT OF QUALIFICATIONS

ARTICLE 1 – RELEVANT EXPERIENCE, PAST PERFORMANCE, AND REFERENCES

(15 points)

1.01 Offeror shall provide general information about their respective organization (e.g. number of years in business; total number of full-time employees; number of employees within a 90-mile radius of the

Project site; etc.).

1.02 Offeror shall provide relevant experience with construction projects of similar type, size, nature, and class as the Project being proposed for which the Offeror has been the Contractor in the last five (5) years. For each of these projects, Offeror shall provide the following:

A. Project description including the dollar value, size, and scope of work; name of owner; contract amount; and number of change orders and percentage of change orders to contract amount.

B. References including owner’s reference information including name, title, and contact information; and engineer’s reference information including name, title, firm, and contact information.

C. The Project Team consisting of Offeror’s principal-in-charge, project manager, superintendent, and major sub-contractors (greater than 10% of the work).

1.03 Offeror shall provide contractual performance history including:

A. Record of default on a project or failure to complete work for which Offeror was awarded.

Describe the circumstances of each default/failure.

B. Has the Offeror ever been terminated from a bid, proposal, or contract within the past ten (10) years? If so, describe the circumstances.

C. Has the Offeror ever been disqualified as a bidder or offeror on any project within the past five

(5) years? If so, describe the circumstances.

D. Are there any liens currently filed against the Offeror by either a subcontractor or material supplier? If so, describe.

ARTICLE 2 – PROPOSED PERSONNEL AND SUBCONTRACTORS (10 points)

2.01 Offeror shall provide a team organizational chart including all subcontractors.

2.02 List and describe the work, dollar amount, and percent (%) of contract that will be provided by

Offeror using its own resources.

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2.03 List and describe the work, respective dollar amounts, and percent (%) of contract that will be provided by subcontractors.

2.04 Offeror’s project manager and their respective qualifications for projects similar in size and scope of work shall be described as outlined below:

A. PROJECT MANAGER (PM)

Name of PM:

Years of Experience as PM:

Number of Similar Projects as PM with this organization:

Number of Similar Projects as PM with other organizations:

Current Assignments:

% of time dedicated to this Project:

B. REFERENCE PROJECTS (PROVIDE AT LEAST THREE (3) RELEVANT PROJECTS)

Project Name:

Reference Name/Title:

Organization:

Phone Number:

Email:

2.05 Offeror’s superintendent and their respective qualifications for projects similar in size and scope of work shall be described as outlined below:

A. SUPERINTENDENT

Name of Superintendent:

Years of Experience as Superintendent:

Number of Similar Projects as Superintendent with this organization:

Number of Similar Projects as Superintendent with other organizations:

Current Assignments:

Note: Superintendent must be dedicated to this Project full-time for the duration of the Project and shall not be changed without written authorization by Owner.

B. Offeror shall provide information to demonstrate the Superintendent’s ability to complete projects within budget and schedule.

C. REFERENCE PROJECTS (PROVIDE AT LEAST FIVE (5) RELEVANT PROJECTS)

Project Name:

Reference Name/Title:

Organization:

Phone Number:

Email:

Engineering Firm:

Engineer’s Contact Information:

Contract Amount:

Percent (%) of Change Orders:

2.06 Offeror shall provide a list of major material suppliers and their respective material(s) to be supplied for this Project.

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ARTICLE 3 – QUALITY OF WORK (5 points)

3.01 Offeror shall demonstrate the quality of work on the completed projects identified in ARTICLE 1, above, by providing a description of warranty work (or re-work) performed after project completion for each of the representative projects.

3.02 Offeror shall provide examples of typical Quality Assurance/Quality Control (QA/QC) plans used for projects of similar size and scope of work as the Project being proposed.

3.03 Offeror shall provide their organization’s goals and objectives to performing and delivering quality work.

ARTICLE 4 – ABILITY TO MEET SCHEDULES (5 points)

4.01 Offeror shall provide the actual completion times (or dates) versus contractual times (or completion dates) for the representative projects identified in ARTICLE 1, above.

4.02 Offeror shall provide information to demonstrate their organization’s ability to complete projects on time.

4.03 Offeror shall provide a summary schedule with major monthly milestones included with graphics.

Provide a preliminary schedule for anticipated construction of the Project. The schedule should include the following as a minimum:

A. Processing Shop Drawings for major equipment or materials.

B. Anticipated delivery for major equipment or materials.

C. Anticipated construction activities.

D. Substantial completion.

E. Final Completion.

ARTICLE 5 – OTHER FACTORS (FINANCIAL CAPABILITY; CLAIMS HISTORY AND

LITIGATION; SAFETY RECORD) (5 points)

5.01 Financial Capability

A. Offeror shall demonstrate that their organization’s financial capability is commensurate with the size and scope of the Project being proposed.

B. Offeror shall provide the organization’s past two (2) years of gross revenues; current bonding capacity; and a summary of latest audit report.

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5.02 Claims and Litigation History: Offeror shall provide a list of all claims and/or litigation involving construction projects that have been filed by the Offeror, or against the Offeror, within the past five (5) years along with details of the status or outcomes.

5.03 Safety Record: Offeror shall provide responses and any supporting documentation necessary for the Owner to evaluate the safety record for the Offeror and proposed subcontractors. The response shall include, but may not be limited to the following:

A. Documentation of any complaints to, or final orders entered by, the Occupational Safety and

Health Review Commission (OSHRC) against the Offeror or a proposed subcontractor for violation(s) of OSHA regulations within the past five (5) years.

B. Documentation of any citations received by the Offeror or a proposed subcontractor from any federal, state, or local environmental protection enforcement agency.

C. Provide records showing Total Recordable Incident Rate (TRIR) for each year for the past five

(5) years for the Offeror and each proposed subcontractor.

D. Provide records documenting the Experience Modification Rate (EMR) for the past five (5) years for the Offeror and each proposed subcontractor.

E. List any fatalities in the safety history for the past ten (10) years for the Offeror and each proposed subcontractor.

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AFFIDAVIT

State _________________________

County of _________________________

______________________________________ , being duly sworn deposes and attests that he/she is

(name)

______________________________________ and is a duly authorized representative of the Offeror

(title) submitting this Statement of Qualifications and related information, that he/she has read such documents, that he/she is authorized to submit such information on behalf of the Offeror, and that such documents are true and correct and contain no factual errors or material misrepresentations.

Signature

Signed and sworn to me before this day of , 20 .

Notary Public

My Commission expires:

Proposal Form

00 41 19 - 1

PROPOSAL FORM

Acorn Well Pump Station Improvements

Project No. 1-03555

TABLE OF ARTICLES

Article Article No.

Proposal Recipient

Offeror’s Acknowledgements

Offeror's Acceptance of Instructions

Offeror's Representations

Further Representations

Basis of Proposal

Time of Completion

Attachments to this Proposal

Defined Terms

Proposal Submittal

00 41 19 - 2

ARTICLE 1 – PROPOSAL RECIPIENT

1.01 This Proposal is submitted to:

City of Woodway

922 Estates Drive

Woodway, Texas 76712

ARTICLE 2 – OFFEROR'S ACKNOWLEDGEMENTS

2.01 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an

Agreement with Owner in the form included in the Proposal Documents to perform all Work as specified or indicated in the Proposal Documents for the prices and within the times indicated in this Proposal and in accordance with the other terms and conditions of the Proposal Documents.

ARTICLE 3 – OFFEROR'S ACCEPTANCE OF INSTRUCTIONS

3.01 Offeror accepts all of the terms and conditions of the Instructions to Offerors, including without limitation those dealing with the disposition of Proposal security. This Proposal will remain subject to acceptance for 60 calendar days after the Proposal opening, or for such longer period of time that

Offeror may agree to in writing upon request of Owner.

ARTICLE 4 – OFFEROR'S REPRESENTATIONS

4.01 In submitting this Proposal, Offeror represents that:

A. Offeror has examined and carefully studied the Proposal Documents, the other related data identified in the Proposal Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Offeror has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Offeror is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Offeror has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02.

E. Offeror has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any

00 41 19 - 3 aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Offeror, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Proposal Documents to be employed by Offeror, and safety precautions and programs incident thereto.

F. Offeror does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Proposal for performance of the

Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Proposal Documents.

G. Offeror is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Proposal Documents.

H. Offeror has correlated the information known to Offeror, information and observations obtained from visits to the Site, reports and drawings identified in the Proposal Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the

Proposal Documents.

I. Offeror has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in the Proposal Documents, and the written resolution thereof by Engineer is acceptable to Offeror.

J. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Proposal is submitted.

K. Offeror will submit written evidence of its authority to do business in the state where the

Project is located not later than the date of its execution of the Agreement.

ARTICLE 5 – FURTHER REPRESENTATIONS

5.01 Offeror further represents that:

A. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

B. Offeror has not directly or indirectly induced or solicited any other Offeror to submit a false or sham Proposal;

C. Offeror has not solicited or induced any individual or entity to refrain from proposing; and

D. Offeror has not sought by collusion to obtain for itself any advantage over any other Offeror or over Owner.

ARTICLE 6 – BASIS OF PROPOSAL

6.01 Offeror will complete the Work in accordance with the Contract Documents for the following price(s):

00 41 19 - 4

CITY OF WOODWAY

ACORN WELL PUMP STATION IMPROVEMENTS

PROPOSAL

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Offeror acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Proposals, and final payment for all Unit Price items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 7 – TIME OF COMPLETION

7.01 Offeror agrees that the Work will be substantially complete within 365 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General

Conditions, and will be completed and ready for final payment in accordance with Paragraph

14.07.B of the General Conditions within 395 calendar days after the date when the Contract

Times commence to run.

7.02 Offeror accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.

ARTICLE 8 – ATTACHMENTS TO THIS PROPOSAL

8.01 The following documents are attached to and made a condition of this Proposal:

A. Required Proposal security in the form of Proposal Bond, Certified Check, or Bank Money

Order

B. Affidavit of…