Project Manual for BIDDING.pdf

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Attached to
Kempner Pump Station
Solicitation number
1-04218
Issued by
Bastrop County, Texas

About this file

This is a Project Manual and Request for Competitive Sealed Proposals (RFP) issued by Salado Water Supply Corporation for the construction of the Kempner Pump Station project. The scope of work includes furnishing all labor, equipment, and materials for constructing a booster pump station consisting of four variable speed pump packages, a CMU building, electrical systems, and site improvements. The RFP was advertised on June 4, 2026, with a deadline for questions and inquiries at 3:00 PM on June 29, 2026. The final addenda deadline is June 30, 2026 at 1:00 PM, and sealed proposals must be received by 10:00 AM on July 1, 2026 at Salado Water Supply Corporation's offices located at 410 Salado Plaza Drive, Salado, Texas 76571. Proposals will be publicly opened and read aloud immediately thereafter at the same location. The anticipated construction start date is July 27, 2026. The contract requires Substantial Completion within 320 calendar days and Final Completion within 40 calendar days thereafter from the commencement date. No pre-bid conference is scheduled, but site visits are permitted upon request with the owner providing access for examinations and investigations deemed necessary by offerors.

The Engineer's Opinion of Probable Construction Cost for this project is $2,400,000. Proposal evaluation will be based on weighted criteria: Proposed Project Cost (40 points), Experience and Past Performance of Offeror (40 points), Ability to Meet Proposed Budget and Time for Construction (10 points), and Other Factors including quality of work, safety record, and claims history (10 points), for a total of 100 points. Each proposal must be accompanied by a Proposal Security of not less than five percent (5%) of the base proposal amount in the form of a cashier's check or Offeror's Bond. Proposals may be held for up to 90 days from the opening date for review, qualification verification, and financing purposes prior to contract award. Upon award, the successful contractor must execute a 100% Payment Bond and Performance Bond within fifteen (15) days of receiving the notice of award. The owner reserves the right to reject any or all proposals and waive informalities. Liquidated damages are assessed at Five Hundred Dollars ($500.00) per day for failure to achieve Substantial Completion by the contractual deadline. Owner maintains a five percent (5%) retainage on progress payments, in accordance with Texas Water Code Section 49.276, until final completion and acceptance of the work.

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

PROJECT MANUAL

FOR

SALADO WATER SUPPLY CORPORATION

KEMPNER PUMP STATION

MARCH 2026

PROJECT NO. 1-4218

RFP 26-002

06/03/26

Amy Moreno Bidding_PM

DOCUMENT 00 01 10

TABLE OF CONTENTS

Section Title No. Pages

PROCUREMENT AND CONTRACTION REQUIREMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 10 Table of Contents 3

PROCUREMENT REQUIREMENTS

00 11 13Invitation to Submit Proposals1 ....................................................................................................
00 21 13Instructions to Offerers9 ...............................................................................................................
00 21 15Statement of Qualifications8 ........................................................................................................
00 41 00Proposal Form4 .............................................................................................................................
00 43 13Offerers Bond2 .............................................................................................................................

CONTRACTING REQUIREMENTS

00 52 00Agreement4 ...................................................................................................................................
00 61 13Payment Bond2 .............................................................................................................................
00 61 14Performance Bond2 ......................................................................................................................
00 72 00General Conditions51 ....................................................................................................................
00 83 00Wage Rates and Payroll Reporting3 .............................................................................................
00 91 13Addenda1 ......................................................................................................................................

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00Summary of Work4 .......................................................................................................................
01 10 40Project Coordination1 ...................................................................................................................
01 20 50Progress Meetings2 .......................................................................................................................
01 21 00Mobilization1 ................................................................................................................................
01 23 00Allowances1 .................................................................................................................................
01 29 73Schedule of Values2 ......................................................................................................................
01 30 00Submittal Procedure3 ....................................................................................................................
01 32 16Progress Schedule2 .......................................................................................................................
01 33 00Submittals4 ...................................................................................................................................
01 34 00Requests for Interpretation (RFI)2 ................................................................................................
01 40 00Quality Control5 ...........................................................................................................................
01 50 00Temporary Controls2 ....................................................................................................................
01 50 10Temporary Facilities1 ...................................................................................................................
01 57 23Protection of Work3 ......................................................................................................................
01 60 00Storage of Products3 .....................................................................................................................
01 70 00Execution and Closeout Requirements3 .......................................................................................
01 71 00Final Cleaning3 .............................................................................................................................
01 71 53Facility Start Up4 ..........................................................................................................................
01 74 19Waste Disposal1 ............................................................................................................................

DIVISION 03 - CONCRETE

03 10 00Concrete Formwork ....................................................................................................................5
03 20 00Reinforcing Steel ........................................................................................................................6
03 25 00Concrete Accessories .................................................................................................................6
03 29 00Joints in Concrete .......................................................................................................................3

Table of Contents 00 01 10 -  1

03 30 00Cast-in-Place Concrete ............................................................................................................15
03 31 00Repair of Surface Defects ..........................................................................................................7
03 37 00Concrete Curing ........................................................................................................................3
03 40 00Precast Concrete ........................................................................................................................4
03 50 00Concrete Finishes........................................................................................................................4
03 60 00Grout ...........................................................................................................................................3

DIVISION 04 - MASONRY

04 20 00 Unit Masonry 13

DIVISION 05 - METALS

05 03 50Galvanizing2 .................................................................................................................................
05 05 23Welding3 .......................................................................................................................................
05 50 00Metal Fabrications8 ......................................................................................................................
05 50 01Anchor Bolts, Expansion Anchors, and Concrete Inserts3 ...........................................................

DIVISION 06 - WOODS AND PLASTICS

06 10 00 Rough Carpentry 5

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 21 00Thermal Insulation3 ......................................................................................................................
07 26 00Vapor Barrier2 ..............................................................................................................................
07 41 13Metal Roof Panels7 .......................................................................................................................
07 42 93Soffit Panels4 ................................................................................................................................
07 62 13Gutters and Downspouts3 .............................................................................................................
07 92 00Joint Sealants5 ..............................................................................................................................

DIVISION 08 - OPENINGS

08 11 13Hollow Metal Doors and Frames4 ................................................................................................
08 33 00Overhead Doors4 ..........................................................................................................................
08 71 00Finish Hardware3 ..........................................................................................................................

DIVISION 09 - FINISHES

09 51 23Acoustic Tile Ceiling4 ..................................................................................................................
09 90 00Protective Coatings10 ...................................................................................................................

DIVISION 23 - LOUVERS

23 81 26 Ductless Split Air Systems 4

DIVISION 26 - ELECTRICAL

26 00 00Electrical General5 .......................................................................................................................
26 01 10Field Electrical Start Up3 .............................................................................................................
26 01 50Electrical Service1 ........................................................................................................................
26 01 80Supports for Electrical Systems3 ..................................................................................................
26 05 04Basic Electrical Materials and Methods10 ....................................................................................
26 05 10Power System Study5 ...................................................................................................................
26 05 15Electrical Identification3 ..............................................................................................................
26 05 19Wire and Cable6 ...........................................................................................................................
26 05 26Grounding4 ...................................................................................................................................
26 05 33Conduit Systems6 ........................................................................................................................
26 05 35Pull, Junction, and Terminal Boxes2 ............................................................................................
26 05 38Electrical Underground3 ...............................................................................................................
26 05 40Boxes and Fittings2 ......................................................................................................................
26 22 13Transformers4 ...............................................................................................................................
26 24 41Panelboards2 .................................................................................................................................
26 26 16Circuit Breaker3 ............................................................................................................................
26 26 18Low Voltage Fuses2 ......................................................................................................................
26 27 26Wiring Devices and Plates2 ..........................................................................................................

00 01 10 -  2

26 28 16Disconnect Switches2 ...................................................................................................................
26 32 15Emergency/Standby Generator Set4 .............................................................................................
26 36 23Automatic Transfer Switch5 .........................................................................................................
26 41 00Lightning Protection2 ...................................................................................................................
26 43 13Surge Protection Devices (SPD)3 .................................................................................................

DIVISION 31 - EARTHWORK

31 11 00Clearing and Grubbing2 ...............................................................................................................
31 23 10Structural Excavation and Backfill8 .............................................................................................
31 23 13Flowable Fill4 ...............................................................................................................................
31 23 15Trench Safety Systems3 ................................................................................................................
31 23 16Excavation and Backfill13 .............................................................................................................
31 92 10Site Restoration2 ...........................................................................................................................
31 92 13Hydro Mulch5 ...............................................................................................................................

DIVISION 32 - SITE WORK

32 20 10Concrete Sidewalks, Driveways, and Steps6 ..............................................................................
32 31 13Chain Link Fence and Gates5 .......................................................................................................

DIVISION 33 - UTILITIES

33 05 51Buried Pipe Installation7 ..............................................................................................................
33 05 52Exposed Piping Installation4 ........................................................................................................
33 11 05Bolts, Nuts, and Gaskets5 .............................................................................................................
33 11 10Tapping Valves and Sleeves3 ........................................................................................................
33 26 90Water Pipeline Testing and Disinfection3 .....................................................................................

PROCESS EQUIPMENT SUBGROUP

DIVISION 40 - PROCESS INTEGRATION

40 15 50Gauges2 ........................................................................................................................................
40 20 09Flexible Pipe Couplings3 ..............................................................................................................
40 20 10Wall Pipes, Floor Pipes, and Pipe Sleeves3 ..................................................................................
40 20 15Pipe Hangers and Supports6 .........................................................................................................
40 20 16Ductile Iron Pipe4 .........................................................................................................................
40 20 18PVC Pressure Pipe4 ......................................................................................................................
40 20 20Thermoplastic Process Pipe5 ........................................................................................................
40 20 50Insulation of Process Pipe4 ...........................................................................................................
40 27 05Process Valves11 ............................................................................................................................
40 90 00Instrumentation, General5 ............................................................................................................
40 90 10Process Control Narratives7 .........................................................................................................
40 90 20SCADA System5 ..........................................................................................................................
40 90 30Field Instruments5 ........................................................................................................................
40 90 40Control Panels11 ............................................................................................................................
40 90 58Instrumentation Support Hardware6 .............................................................................................
40 97 00Control Auxiliaries7 ......................................................................................................................

DIVISION 44 - PROCESS EQUIPMENT

44 50 10 Variable Speed Pumping System 9

END OF SECTION

00 01 10 -  3

SECTION 00 11 13

INVITATION TO SUBMIT PROPOSALS

Salado Water Supply Corporation (WSC) is requesting Competitive Sealed Proposals from qualified contractors, for construction of the Kempner Pump Station project, to be received until 10:00 AM, Thursday, July 1st, 2026 in its offices, located at 410 Salado Plaza Drive, Salado, Texas 76571. Sealed competitive proposals will be publicly opened and read aloud at shortly thereafter at same location. Proposals are invited for furnishing all labor, equipment, and materials necessary for construction of RFP No. 26-002 – Kempner Pump Station. Project generally consists of the following work:

QtyDescription
14 Pump Variable Speed Package Pump Station
1CMU Building
1Electrical
1Site Improvements

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 the form of a cashier’s check or Offerer’s Bond from a security company approved to conduct business in State of Texas as a guarantee that offerer will enter into a contract and execute a 100% payment bond within fifteen (15) days after issuance of a notice of award to that Offerer 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 13 – Instructions to Offerers.

Copies of Proposal Documents (Project Manual and Drawings) are on file and may be examined at office of Engineer located at 823 Washington Avenue, Suite 100, Waco, Texas 76701. Electronic copies will be available, at no charge, via electronic download at www.civcastusa.com. Contact Amy Jo Moreno at 254-714-1402 for questions related to Bidding Documents.

Salado WSC reserves the right to reject any or all Proposals and to waive informalities and irregularities. Proposals may be held for a period of 90 days from date of opening for purpose of reviewing proposals, reviewing qualifications, and financing prior to contract award.

END OF SECTION

Invitation to Submit Proposals 00 11 13 - 1

SECTION 00 21 13

INSTRUCTIONS TO OFFERERS

COMPETITIVE SEALED PROPOSALS

1.Overview of Request for Proposal Process.
1.1Objective of Request for Proposal (RFP) process is to competitively procure services with a firm

whose Proposal provides best value for Owner for Work described in Section 01 10 00 - Summary of Work. 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 this RFP Document. Both cost and non-cost factors will be evaluated and scored. One or more Offerers may be invited back for discussions or to present their Proposal to the 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.

2.Defined Terms.
2.1.Definitions for the following terms used in these Instructions do not replace definitions for similar

terms that may be contained within other sections of Contract Documents.

2.2. Certain additional terms used in these Instructions to Offerers have meanings indicated below and are applicable to both singular and plural thereof.

2.2.1. Addendum or Addenda- Additions, deletions, and/or changes to any part of RFP issued in writing by Owner prior to Proposal due date and time.

2.2.2. Apparent Best Value Offeror-Offering Firm whose Proposal for completion of Work provides best value for Owner as defined by ranking criteria detailed in Article 11 of Instructions to Offerers.

2.2.3.Board of Directors – Governing body of Owner.
2.2.4.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.

2.2.5. Contractor – Successful Offeror to this RFP who enters into a contractual relationship with Owner for completion of Work.

2.2.6.Engineer - Walker Partners, LLC
2.2.7.Issuing Office - Location from which RFP Documents are issued. For this project issuing

office is Walker Partners, 823 Washington Avenue, Waco, Texas 76701.

2.2.8. Offeror, Offering Firm- Firm which responds to an RFP by submitting a Proposal directly to Owner. Offeror and Offering Firm shall have same meaning in the Instructions to Offerers.

2.2.9.Owner - Salado Water Supply Corporation, Salado, Texas.
2.2.10.Proposal- Offeror’s submittal which conforms to requirements set forth in this RFP.
2.2.11.Proposal Form- As detailed in requirements of this RFP, contains unit pricing for all parts

of Work and their aggregate as detailed and affirmed on Proposal Form and may include additional forms supplied by Offeror and or Owner that relate to Offeror’s proposed cost for completing Work.

2.2.12. RFP Document- abbreviation of Request for Proposals Document, document used to request Competitive Sealed Proposals for procurement of goods and services as authorized under Government Code Chapter 2269, Subchapter D.

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

Requirements for the Statement of Qualifications (SOQ) are set forth in Article 8 and Article 10 of Instructions to Offerers (this RFP).

2.2.14. Subcontractor - Any contractor or Supplier hired by the Contractor to furnish materials and services specified in this RFP.

Instructions to Offerers 00 21 13 - 1

2.2.15. Successful Offeror - Firm who has completed negotiations with Owner and may enter into a Contract with Owner to complete Work.

2.2.16. Supplier- Same as Contractor

3.Schedule.
3.1Advertisement Date: June 4, 2026
Deadline for Questions and Inquiries: 3:00 pm, June 29, 2026
Last Addenda/Addendum Issued:, 1:00 pm (CST), June 30, 2026
Proposal Submission Deadline:, 10:00 am (CST), July 1, 2026
Anticipated Construction Start: July 27, 2026
4.Request for Proposal Documents/Copies.
4.1.This Request for Competitive Sealed Proposals (RFP) consists of the following documents:
4.1.1.Invitation to Submit Proposals (00 11 13);
4.1.2.Instructions to Offerers (00 21 13);
4.1.3.Statement of Qualifications (00 21 15);
4.1.4.Proposal Form (00 41 00);
4.1.5.Proposal Security (00 43 13 - Offeror’s Bond)
4.1.6.Acknowledged Addenda to this RFP issued by Engineer;

4.2. Complete set of RFP Documents may be accessed at Walker Partners, 823 Washington Avenue, Suite 100, Waco, Texas 76701 or online @ www.civcastusa.com.

4.3. Complete sets of RFP Documents must be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of RFP Documents.

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

5.Competitive Sealed Proposal Process\Contract Documents.
5.1.All questions about Competitive Sealed Proposal Process or meaning or intent of Contract

Documents are to be directed to Engineer.

Contact:John Winkler, P. E.
Walker Partners
823 Washington Avenue, Suite 100
Waco, TX 76701
(254) 714-1402
5.2.Any questions submitted to the Engineer through CivCast question and answer feature.
5.3.Interpretations or clarifications considered necessary by Engineer in response to such questions

will be issued by Addenda. Oral interpretations or clarifications are not binding.

6. Pre-Submittal Conference.

No Pre-Bid

7.Estimated Budget.
7.1.Engineer’s Opinion of Probable Construction Cost (project cost estimate) has been generated by

Engineer. If an award is made, actual contract amount may vary.

7.2. Engineer’s Opinion of Probable Construction Cost for this Project is $2,400,000.

8.Basis for Ranking of Proposals.
8.1Owner will consider qualifications (Statement of Qualifications) of each Offeror and their

respective proposed Contract Price (Proposal Form) when evaluating Proposals to determine which Offeror, in sole opinion of Owner, will provide best value to Owner. All procurements shall conform to Chapter 2269 of State of Texas Government Code. Proposals will be evaluated using the following criteria and weighting:

8.1.1. Proposed Project Cost (40): Offeror’s Proposed Cost of Performing Work shall be indicated in Section 00 41 00 – Proposal Form.

8.1.2. Experience/Past Performance of Offeror (40): Provide general information about

Organization and a Statement of Qualifications. Include information on Projects on

00 21 13 - 2 similar which Offeror has had significant involvement in the last five (5) years, or that demonstrate experience with similar Projects. This list is to include name and a current telephone number of references for each of these Project assignments.

8.1.3. Ability to Meet Proposed Time for Construction (10): Provide information to demonstrate ability of Organization to complete Projects within budget and on time.

8.1.4. Other Factors (10): Owner will consider other factors in evaluating Proposals, including the following:

8.1.4.1. Quality of Work: Demonstrated quality of Work on completed Projects as determined by site visits or discussions with references for Projects. Quality considerations may include appearance of completed Work, amount of warranty or rework required, durability and maintainability of completed Project, and quality of documentation provided.

8.1.4.2.Safety: Demonstrated success in implementation of a Site safety program.
8.1.4.3.Claims Experience and Litigation History: List all claims or litigation

involving construction Project Owners that have been filed within last five (5) years, or that are currently outstanding.

8.2.Table of criteria and weighting for the ranking of Offeror’s Proposals.
CategoryDescriptionWeighting Points
1Proposed Project Cost40
2Experience/Past Performance of Offeror40
3Ability to Meet Proposed Budget and Time for Construction10
4Other Factors10
Total100
9.Proposal Form.
9.1.Proposal Form (00 41 00) is included with RFP Documents.
9.2.All blanks on Proposal Form must be completed in ink, by hand, or electronically printed.
9.3.Proposal price shall include such amount as Offeror deems proper for overhead and profit.
10.Offering Firm’s Statement of Qualifications.
10.1.Provide on Section 00 21 15 Statement of Qualifications in Proposal Documents. Electronic

copies may be obtained from Engineer.

11.Ranking of Offeror’s Proposals.
11.1.Owner will consider qualifications (Statement of Qualifications) of Offerers and Offeror’s

subcontractors and consultants, in addition to proposed cost(s) (Proposal Form) when evaluating Proposals to determine which Proposal offers best value to Owner. Owner will rank each of Offeror’s Proposals based on criteria and criteria weighting described in Article 8, Basis for Ranking of Proposals.

11.2. Evaluation and ranking of Proposals will be completed no later than 45th calendar day from date of Proposal opening. Offerers are requested not to withdraw their Proposals within 90 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.

11.3. In evaluating Proposals, Owner will consider selection criteria set forth in Article 8 of these Instructions to Offerers and whether or not Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested by Owner.

11.4. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of Work as to which identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in General Conditions. Owner may also consider all operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in Work when such data is required to be submitted prior to recommendation of award.

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

00 21 13 - 3

11.6. Owner, at its discretion, may also choose to conduct interviews with to ranking Offerers to provide Offerers a better opportunity to demonstrate they can provide best value to the Owner for this Project. Should Owner choose to conduct interviews with the top ranking Offerers, they will be notified of:

11.6.1.Time and place for interview.
11.6.2.Interview format and agenda.
11.6.3.Questions to prepare for interview.
11.6.4.Individuals that are expected to participate in interview. Failure to participate in interview

may result in disqualification from consideration for project.

12.Award of Contract.
12.1.It is intent of Owner to award this contract to Offering Firm whose Proposal for completion of

Work provides best value for Owner after consideration of relative importance of costs and other evaluation factors described in Basis for Ranking Offerers set forth in Article 8 of these Instructions to Offerers.

12.2. Owner reserves right to adopt most advantageous interpretation of Proposals submitted in case of ambiguity or lack of clearness in stating Proposal Prices, to reject any or all Proposals, and/or waive informalities.

12.3. Owner reserves right to reject any or all Proposals, including without limitation rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Proposals and to reject the Proposal of any Offeror if Owner believes that it would not be in best interest of Project to make an award to that Offeror, whether because Proposal is not responsive or Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

12.4. Owner also reserves the right to waive all informalities not involving price, time or changes in Work and to negotiate contract terms with Apparent Best Value Offeror. Discrepancies between multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between indicated sum of any column of figures and correct sum thereof will be resolved in favor of correct sum. Discrepancies between words and figures will be resolved in favor of words.

12.5. Qualifications of a firm shall not deprive Owner of right to accept a Proposal, which in its judgment offers best value to Owner. In addition, Owner reserves the right to reject any Proposal where circumstances and developments have, in opinion of Owner, changed qualifications or responsibility of firm.

12.6. Material misstatements in the material submitted for evaluation may be ground for rejection of Offeror’s Proposal on this project. Any such misstatement, if discovered after award of contract to such firm, may be grounds for immediate termination of contract. Additionally, Offeror will be liable to Owner for any additional costs or damages to Owner resulting from such misstatements, including costs and attorney’s fees for collecting such costs and damages.

12.7. If Contract is to be awarded, it will be awarded to Apparent Best Value Offeror following successful Contract Negotiations.

12.8. If Contract Negotiations with Apparent Best Value Offeror are unsuccessful, Owner will formally close Contract Negotiations with this Firm and attempt to open Contract Negotiations with the next highest-ranked firm according to selection criteria set forth in Article 8 of these Instructions to Offerers.

12.9. If Contract is to be awarded, Owner will notify Successful Offeror of intent to submit contract for approval by Owner within sixty (60) days after the day of Proposal opening. Following approval, Owner shall execute contract.

12.10. Offeror may submit exceptions or alternatives not in accordance with terms and conditions of Contract Documents, or for Work that is not in strict compliance with Contract Documents.

Describe intent and substance of the changes in Proposal in adequate detail so they are clearly understood. Alternates will not be considered in ranking and evaluation of Proposals. Upon selection of Proposal that offers the best value to Owner, Owner and Engineer may consider proposed alternates in negotiating a final Contract scope, schedule and price.

12.11. Addenda may be issued to clarify, correct, or change Contract Documents, Addenda or related supplemental data as deemed advisable by Owner or Engineer.

13. Interpretation, Addenda, and Alternate Proposals.

00 21 13 - 4

13.1. All questions about meaning or intent of Request for Proposal and Contract Documents are to be directed to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by written Addenda.

13.2. To properly qualify his Proposal, each Offeror shall, prior to submitting his Proposal, check receipt of all Addenda and acknowledge such receipt on Proposal Form and on the acknowledgement line of Addendum Cover page. Proposals submitted without such acknowledgment of all issued Addenda and letters of clarification may cause Proposal to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify contract documents accordingly.

13.3.Questions received after deadline for Questions and Inquiries may not be answered.
13.4.Only questions answered by formal written Addenda issued by Owner will be binding. Oral and

other interpretations or clarifications will be without legal effect.

13.5. Addenda may also be issued to modify RFP Documents as deemed advisable by Owner or

Engineer..

13.6. Owner or Engineer will not be held liable for any failure by Engineer for notification to reach

Offeror. Offerers are encouraged to contact Engineer are after legal limit for filing addenda (48 hours prior to Proposal due date and time) has passed to ensure receipt of all addenda.

14.Confidentiality of Proposal Information.
14.1All materials submitted to Owner will become public property and are subject toTexas Public

Information Act, Government Code Chapter 552. If an Offeror does not desire proprietary Information in SOQ to be disclosed, each page must be identified and marked proprietary at time of submittal. Owner will, to extent provided by law, endeavor to protect such information from disclosure. Final decision as to what information must be disclosed, however, lies with Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. Proposers shall not be permitted to mark entire Proposal as proprietary.

15.Examination of Contract Documents and Site.
15.1.It is the sole responsibility of each Offeror before submitting a Proposal:

15.1.1. To examine thoroughly Contract Documents and other related data identified in RFP Documents (including "technical data" referred to below):

15.1.2. To visit site to become familiar with and satisfy Offeror as to general, local and site conditions that may affect cost, progress, performance or furnishing of Work;

15.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of Work;

15.1.4. To study and carefully correlate Offeror's knowledge and observations with Contract Documents and such other related data; and

15.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Offeror has discovered in or between Contract Documents and such other related documents.

15.2. Information and data shown or indicated in Contract Documents with respect to existing Underground Facilities at or contiguous to site are based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for accuracy or completeness thereof or for Offeror's interpretation of such information and data. Contractor is advised to coordinate closely with Owner, Engineer and Utility Operator(s) prior to the commencement of any underground construction activities.

15.3. Provisions concerning responsibilities for adequacy of data furnished to prospective Offerers with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in Contract Documents due to differing or unanticipated conditions appear in Article 6 of Agreement and Article 4.2 of General Conditions.

15.4. Before submitting a Proposal, each Offeror will be responsible for obtaining such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to site or otherwise, which may affect cost, progress, performance or furnishing of Work, or which relate to any aspect of means, methods, techniques, sequences or procedures of construction to be employed by Offeror and safety precautions and programs incident thereto or which Offeror deems necessary to

00 21 13 - 5 determine its Proposal for performing and furnishing Work in accordance with time, price and other terms and conditions of Contract Documents.

15.5. On request, Owner will provide each Offeror access to site to conduct such examinations, investigations, explorations, tests and studies, as each Offeror deems necessary for submission of a Proposal. Offeror must fill any resultant holes and clean up and restore Site to its former condition upon completion of such explorations, investigations, tests, and studies.

15.6. Reference is made to Specification Section 01 10 00 - Summary of Work for the identification of general nature of Work that is to be performed at the site by Owner or others (such as utilities and other prime Contractors) that relates to Work for which a Proposal is to be submitted. On request, Owner may provide to each Offeror for examination access to or copies of Contract Documents (other than portions thereof related to price) for such Work.

15.7. Submission of a Proposal will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this Article 15, that without exception Proposal is premised upon performing and furnishing Work required by Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by Contract Documents, that Offeror has given Owner or Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Offeror has discovered in Contract Documents and the written resolutions thereof by Engineer is acceptable to Offeror, and that Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing Work.

15.8. Provisions of 15.1 through 15.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Article 4.4 of General Conditions.

15.9. Addenda may also be issued to modify the RFP Documents as deemed advisable by Owner or Engineer.

16.Proposal Security.
16.1.Each Proposal must be accompanied by Proposal Security made payable to Owner in the amount

not less than five percent (5%) of total Proposal Amount, including any Cash Allowances and Alternates, and shall be in form of a cashier's check or Offeror’s Bond.

16.2. Offeror’s Bond must be on the form provided within Contract Documents (RFP) and must bear impressed seal of Surety, and be signed by Offeror and an authorized individual of Surety. Bonds will only be accepted from Sureties authorized to execute a bond order and in accordance with state law.

16.3. Proposal Security of Successful Offeror will be retained until such Offeror has executed Agreement, furnished required contract securities and met the other conditions contained in Specification Section 00 41 00 – Proposal Form, whereupon Proposal Security will be returned. If Offeror fails to execute and deliver Agreement and furnish required contract security within thirty

(30) days after contract award notification, Owner may annul its award and Proposal Security of that Offeror will be forfeited. Proposal Security of other Offerers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seventh day after Effective Date of Agreement or the ninety-first day after Proposal opening, whereupon Proposal Security furnished by such Offerers will be returned. Proposal Security submitted in form of a cashier’s check with Proposals which are not competitive will be returned.

17.Contract Times.
17.1Number of days (calendar days) within which, or the dates by which, Work is to Substantial and

Final Completion are set forth in Section 00 52 00 – Agreement between Owner and Contractor.

18.Substitutes and "Or-Equal" Items.
18.1Contract, if awarded, will be on basis of materials and equipment described in Drawings or

specified in Specifications with consideration for possible substitute or "or equivalent" items.

Whenever it is indicated in Drawings or specified in Specifications that a Substitute or "or-equal"/ “or equivalent” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer and Owner, application for such acceptance may be prior to Contract award in accordance with Texas Government Code 2269.155.

19. Subcontractors, Suppliers and Others.

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19.1. If Owner requests the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Apparent Best Value Offeror, and any other Offerers so requested, shall within five

(5) days from request submit to Owner a list of all such Subcontractors, Suppliers or other persons or organizations proposed for those portions of Work for which such identification is requested.

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, person or organization if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before giving notice of its intent to recommend Award, request that Apparent Best Value Offeror submit an acceptable substitute without an increase in price. If Apparent Best Value Offeror declines to make any such substitution, Owner may formally close contract negotiations with Offeror and enter into contract negotiations with the next most highly-ranked Offeror that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations.

Declining to make requested substitutions will not constitute grounds for sacrificing Proposal Security of any Offeror. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to giving notice of its intent to recommend Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after Effective Date of Agreement as provided in Article 6.04 of General Conditions.

19.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

20.Preparation and of Proposals.
20.1.Prepare one (1) unbound original of complete Proposal Package, including completed Proposal

Form 00 41 00.

20.2. Original Proposal is Proposal containing Original Signature of a person authorized to sign on behalf of Offering Firm.

20.3. Proposals shall be enclosed in an opaque sealed Envelope (or Package), marked with RFP No.

22-001 - Sanctuary Pump Station and name and address of Offering Firm.

20.4. Each Original Proposal submitted by an Offeror shall contain the following:

20.4.1.Offerers Statement of Qualifications (Section 00 21 15 - Statement of Qualifications)
20.4.2.Completed Proposal (Section 00 41 00 - Proposal Form)
20.4.3.Proposal Security (Section 00 43 13 - Offerer’s Bond)

20.5. Proposals submitted by corporations must be executed in corporate name by president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and corporate seal must be affixed and attested by the secretary or an assistant secretary. Corporate address and state of incorporation must be shown below signature.

20.6. Submitted Proposals by partnerships must be executed in partnership name and signed by a partner, whose title must appear under the signature and official address of partnership must be shown below signature.

20.7.All names must be typed or printed in ink below signature.
20.8.Proposal shall contain an acknowledgment of receipt of all Addenda (numbers of which must be

filled in on Proposal Form).

20.9.Address and telephone number for communications regarding Proposal must be shown.
20.10.Evidence of authority to conduct business as an out-of-state corporation in the state where the

Work is to be performed shall be provided in accordance with 00 41 00 – Proposal Form. State Contractor license number, if any, must also be shown.

21.Submission of Proposals.
21.1.Proposals shall be submitted at time and place indicated in the Invitation to Submit Proposals (00

11 13) and shall be enclosed in an opaque sealed envelope with name and address of Offering Firm and accompanied by Proposal Security and other required documents.

21.2. If Proposal is sent through mail or other delivery system sealed envelope shall be enclosed in a separate envelope with notation “SEALED PROPOSAL ENCLOSED" on face of it. Proposals not received by time or at location specified will be returned unopened to Offeror.

21.3. Clock used by the Owner at place used for receiving Proposals shall conclusively determine time that Proposals are received.

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21.4. Proposals sent by facsimile or electronic mail or delivered to any other location other than address provided in Invitation to Offerers will NOT be accepted.

22.Modification and Withdrawal of Proposals.
22.1.Proposals may be modified or withdrawn by a document duly executed (in same manner that a

Proposal must be executed) and delivered to place where Proposals are to be submitted prior to date and time for opening of Proposals.

22.2. If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed written notice with Owner and promptly thereafter demonstrates to reasonable satisfaction of Owner that there was a material or substantial mistake in preparation of its Proposal, that Offeror may withdraw its Proposal. Proposal Security may be retained by Owner if Offeror cannot clearly demonstrate to Owner evidence of a material or substantial mistake in its Proposal. Thereafter, that Offeror may be disqualified from responding to a reissued RFP for Work to be furnished under these Contract Documents.

23.Opening of Proposals.
23.1Proposals will be opened and (unless obviously non-responsive) names and Monetary Proposals of

Offering Firms read aloud at a public opening. An abstract of Proposals will be made available no later than seventh day after Contract is awarded.

24.Proposals to Remain Subject to Acceptance.
24.1All Proposals will remain subject to acceptance for ninety days (90) after date of opening, but

Owner may, in its sole discretion, release any Proposal and return the Proposal Security prior to that date.

25.Prevailing Wage Rates.
25.1Contractors for this Project must pay no less than prevailing wage rates for area.
26.Liquidated Damages.
26.1Provisions for liquidated damages are set forth in specification section 00 52 00 - Standard Form

of Agreement between Owner and Contractor and specification section 00 72 00 - General Conditions of the Contract.

27.Contract Security and Insurance.
27.1Article 5 of General Conditions sets forth Owner's requirements as to insurance(s) and

Performance and Payment Bonds. When Successful Offeror delivers executed Agreement to Owner, it must be accompanied by required insurances, Performance and Payment Bonds.

Insurances shall include all required certificates and/or endorsements.

28.Conflict of Interest.

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