Specs FINAL SIGNED.pdf

CONTRACT

DOCUMENTS

TREATMENT FACILITY CONSTRUCTION

SAWS Job No. 25-0143

SAWS Solicitation No. CO-00936

July 2026

TREATMENT FACILITY CONSTRUCTION

CONTRACT DOCUMENTS

July 2026

MICHAEL W. JONES

PE No. 155026

SAN ANTONIO WATER SYSTEM

7/24/2026

Rev. 5.13.26

Contract Documents Table of Contents

BIDDING AND CONTRACT REQUIREMENTS PAGE

Invitation to Bidders (Rev.3.27.23) ..................................................................................................................................................... IV-1

Electronic Bid Opening Instructions (Rev.2.3.26) ......................................................................................................................... EBOI-1

Instructions to Bidders (Rev. 3.26.26) ................................................................................................................................................. IB-1

Workers' Compensation Insurance Coverage Requirements ............................................................................................................ WC-1

Contractor’s Bid Packet Checklist (Rev. 5.13.26) ............................................................................................................................ BPC-1

Respondent Questionnaire (Rev. 12.16.2025) ................................................................................................................................... RQ-1

Bid Proposal (Rev 11.14.25) .............................................................................................................................................................. BP-1

Proposal Certification (Rev. 4.14.2020) ............................................................................................................................................. PC-1

Statement of Bidders Experience ..................................................................................................................................................... SBE-1

Good Faith Effort Plan .................................................................................................................................................................. GFEP-1

Conflict of Interest (Rev. 8.14.24). ............................................................................................................................................. Form CIQ

Wage Decisions ................................................................................................................................................................................ WR-1

General Conditions of the Contract ................................................................................................................................................... GC-1

Contract Agreement ........................................................................................................................................................................... CA-1

Performance and Payment Bond ....................................................................................................................................................... PB-1

Contractor Suspension Policy ............................................................................................................................................................. SP-1

Contractor Security Procedures ....................................................................................................................................................... SP-10

Request for Taxpayer Identification Number and Certification Form . .............................................................................................. W-9

Instructions for Completing the ACORD Certificate of Liability Insurance ...................................................................................... ICS

Supplemental Conditions (Rev. 3.28.25) ............................................................................................................................................. SS-1

Special Conditions ............................................................................................................................................................................ SC-1

(Separate Documents)

CITY OF SAN ANTONIO (COSA) STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (Latest Edition) City of San Antonio Standard Specifications for Construction June 2008

SAWS SPECIFICATIONS FOR WATER & SANITARY SEWER CONSTRUCTION (February 2021) https://apps.saws.org/business_center/specs/constspecs/

Rev. 3.27.23

INVITATION TO BIDDERS

Solicitation No. CO-00936

Sealed bids are requested by the San Antonio Water System (SAWS) for the replacement and installation of slide gates, replacement of Agua Diamond filters, installation of drying bed pump station access hatches, installation of gravity belt thickener feed pump, removal and disposal of sand filter materials, and associated site/civil improvements at Steve M Clouse (SMC) water recycling center (WRC), as included in the Contract Document for the Treatment Facility Construction Contract, SAWS Job No. 25-0143.

To view additional project information, as well as obtain the plans and specifications for this project, visit our website located at www.saws.org and click on the Business Center. Then select Bidder, Consultant, and Vendor Registration, which is located on the left-hand side of the screen. Select the Register Now button and proceed with registration.

For difficulties downloading plans and specifications, contact the Contracting Department at 210-233-3341.

A non-mandatory, in-person Pre-Bid Meeting and Site Visit will be held at 1:00 PM (CDT) on August 5, 2026, at:

SAWS - Steven M. Clouse Water Recycling Center Cafeteria

3495 Valley Rd San Antonio, TX 78221

See Attachment A -Site Visit Procedures to attend the non-mandatory site visit.

For questions regarding this solicitation, technical questions, or additional information, please contact Yvonne Rodriguez, Contract Administrator, in writing via email to yvonne.rodriguez@saws.org until 3:00 PM (CDT) on August 11, 2026. Answers to the questions will be posted to the website by 3:00 PM (CDT) on August 18, 2026, as a separate document or included as part of an addendum. Please be advised that Bidders are prohibited from communicating with any other SAWS staff, the Consultant, or City of San Antonio officials regarding this IFB up until the contract is awarded as outlined in the Instructions to Bidders.

Bids will be received either Electronically or through Sealed bids, until 2:00 PM (CDT) on August 25, 2026. Electronic bids will be received via the secure SAWS FTP site. Sealed bids will be received by Contract Administration, 2800 U.S. Hwy 281 North, Tower II, Customer Center Building, via a drop box located on the left wall when walking through the first set of double glass doors of the main Tower II entry on the north side of the building, San Antonio, Texas 78212. See the Electronic Bid Opening Instructions attachment for additional information regarding an electronic bid submittal. Electronic bids shall be accompanied by a bid bond in an amount not less than five percent of the total bid price. (Or, if providing SAWS with a cashier's check or certified check in an amount not less than five percent of the total bid price, SAWS will request this within 24 hours from the apparent low bidder. Sealed bids must be accompanied by

Rev. 3.27.23 a cashier's check, certified check, or bid bond in an amount not less than five percent of the total bid price.

Bids will then be publicly opened and read aloud by Contract Administration via WebEx.

LINK: https://saws.webex.com Meeting Number: 2487 509 1135 Meeting Password: CO-00936 Join by Phone: 210-233-2090

If Bidders intend to submit bids electronically, Bidders will need to submit a request by 2:00 PM (CDT) on August 24, 2026, to receive access to the File Transfer Protocol (FTP) site via email to yvonne.rodriguez@saws.org. Bidder’s email requesting access to the FTP site shall provide the legal name of Bidder’s company and the intended recipient’s email address and phone number. No requests for FTP site access will be accepted after 2:00 PM (CDT) on August 24, 2026.

Attachment A: Site Visit Procedures

Treatment Facility Construction Contract Solicitation No. CO-00936

Job No. 25-0143

• The site visit duration is expected to be no more than one (1) hour, excluding driving time.

• No Q&A during the site visit, but contractors/firms may take notes, photos, sketches, and measurements.

• Questions shall be submitted to Yvonne Rodriguez in writing via email at Yvonne.Rodriguez@saws.org.

• Questions will be addressed as required through addendum.

Procedures to follow if you plan to attend the site visit:

• Site Visit will begin at 2:00 PM (CDT) located at 3495 Valley Rd., San Antonio, Texas 78221.

• Attendees shall arrive fifteen (15) minutes prior to the site visit time.

• Upon arrival attendees shall check in at Guard Station for directions.

• Below you will find map of the location, parking is available at site location.

• All attendees will be required to sign in.

• Attendees must wear proper Personal Protective Equipment (PPE) during the site visit. This includes, but is not limited to safety vests and steel-toed boots.

• Attendees are encouraged to bring water to stay hydrated during hot weather.

• Attendees will be escorted by SAWS personnel at all times and should not stray.

mailto:Yvonne.Rodriguez@saws.org

Rev 2.3.26 EBOI-1

Solicitation Number: CO-00936

ELECTRONIC BID OPENING INSTRUCTIONS

August 25, 2026 at 2:00 p.m. (CDT)

FILE DROP BID PROPOSAL UPLOAD

In order to receive electronic bids for this project, SAWS will utilize a Secure Share Filedrop. Only Bidders bidding as Prime Contractors will need to submit their request prior to August 25, 2026 at 2:00 p.m. (CDT) to receive access to the Filedrop link via email to yvonne.rodriguez@saws.org. Bidder’s email shall provide the legal name of the Bidder’s company and the intended recipient’s email address and phone number. No requests to access the Filedrop link will be accepted after August 24, 2026 at 2:00 p.m. (CDT). Once a Bidder is approved for access, an email from the Secure Share with a link to the Filedrop will be provided to the Bidder’s email recipient.

Once access is received, Bidders may upload the required documents per the Bid Proposal checklist any time before August 25, 2026 at 2:00 p.m.(CDT). Please ensure to allow sufficient time should Bidder’s experience technical difficulties in uploading the required documents. No changes to the Bid nor Bid Price can be made once the Bid has been received by SAWS.

Bidders shall comply with the following:

1) Subject Line shall contain the Firm Name

2) Solicitation Number: CO-00936-YR

3) File shall be named: CO-00936-YR- Treatment Facility Construction Contract

4) Company Name: Insert Company Name

5) Select the Box to Confirm Bid Submission

6) Limit files to one (1) pdf file that includes all requested documents, per the Bid Packet Checklist.

ONLY ONE SUBMITTAL WILL BE ACCEPTED PER REQUEST. Do not upload any zip files.

7) Ensure that the itemized List of Bid Items is (are) the first page(s) of your file.

8) Bidders may protect the document from editing by adding a password. However, the document must be accessible for viewing by SAWS without requiring a password.

9) ENSURE THE BID IS RECEIVED BY SAWS NO LATER THAN THE DUE DATE AND TIME.

BIDS RECEIVED BY SAWS AFTER THE BID OPENING DEADLINE WILL NOT BE

ACCEPTED.

If the Bidder is in need of help, they may contact the SAWS Contract Administrator, Yvonne Rodriguez, at (210)233-3105.

WEBEX BID OPENING MEETING

The Webex meeting details are below if you would like to view the public opening of the bids.

When it's time, start or join the Webex meeting here.

Access Information Meeting Number: 2487 509 1135 Meeting Password: CO-00936 Join By Local Number: 210-233-2090 (SAWS Webex)

If you have any questions or concerns, please feel free to contact me.

Thank you, Yvonne Rodriguez Contract Administrator 2800 U.S. Highway 281 North, Ste. 171 | San Antonio, TX 78212 Office | 210-233-3105 Email: yvonne.rodriguez@saws.org

Rev. 032626 IB-1

INSTRUCTIONS TO BIDDERS

The San Antonio Water System (SAWS) Board of Trustees or its designee have determined that the Competitive Bidding method of procurement will be utilized for this project. The construction contract will be awarded to the lowest responsible bidder. This procurement shall conform to Section 2269 of the Texas Government Code.

1. Bids will be submitted in accordance with the following:

a. Electronic bids will be received by Contract Administration in the SAWS secured File Transfer

Protocol (FTP) site. Personal/hand delivered sealed bids will be received by Contract Administration via a black metal drop box located on the left wall when walking through the first set of double glass doors of the main Tower II entry on the north side of the building at San Antonio Water System, 2800 U.S. Hwy 281 North, Customer Center Building, San Antonio, Texas 78212. All bids will be received until the time specified in the Invitation to Bidders.

b. If the submittal of a hardcopy sealed bid is by any means other than personal/hand delivery, then it is the bidder’s sole responsibility to ensure the bid is delivered no later than the exact date and time specified in the Invitation to Bidders.

c. All bids errantly submitted or delivered to a location other than the exact locations stated above will be returned/ deleted and unopened.

d. All bids received after the exact time set for the bid opening in the Invitation to Bidders will be returned/ deleted and unopened.

e. The San Antonio Water System Contracting Office may, at its sole discretion, without waiver of rights or authority, in equity or at law, return or delete any unopened bids not meeting the exact requirements as stated above.

2. Bids will be opened in accordance with the following:

a. Bids will be opened in a public WebEx meeting and read aloud by a Contract Administration representative. Instruction on how to participate in this public WebEx meeting can be found in the Electronic Bid Opening Instructions.

b. The lowest bid received at the time of the bid opening shall be designated as the “apparent low bid,” whether announced in that manner or not, and shall not represent an acceptance of an offer.

c. All bid results are unofficial, tentative and subject to verification on the day of the bid opening.

d. No bid may be withdrawn after the scheduled bid opening time without the written consent of a Contract Administration representative.

e. The “official” bid results will be tallied on a “bid tabulation sheet” and posted within 10 business days of the bid opening on the San Antonio Water System’s website.

3. All bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid, payable without recourse to the San Antonio Water System.

Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in Texas and authorized to underwrite bonds in the amount of the bid bond. Submission of an Individual Surety is not acceptable for purposes of bonding

Rev. 032626 IB-2 a bid bond. Bid Bonds, Certified or Cashier's checks will be retained for the first, second, and third lowest bidders until the contract is executed.

4. Electronic bids submitted on the original bid form attached herein must be titled with the solicitation number, date and time of the bid opening, and the project name. Hardcopy bids submitted on the original bid form attached herein must be sealed in an envelope plainly marked on the outside with solicitation number, the date and time of the bid opening, and project name.

5. Bids will be prepared in accordance with the following:

(a) The Bidder shall thoroughly examine the drawings, specifications, schedule, instructions and all other documents.

(b) Bidder shall make all investigations necessary to be informed thoroughly regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist, or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations to fulfill in every detail the requirements of the contract documents, will be accepted as the basis for varying the requirements of the San Antonio Water System or the compensation to the Contractor. Bidders are required to, prior to submitting the Bid Proposal, review the plans and read the specifications, supplemental conditions, special provisions and/or special conditions, any addendums issued, the Bid Proposal, contract and bond forms carefully; to visit the site of the work; to examine carefully local conditions; to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and to obtain all information required to make an intelligent Bid Proposal. Bidders shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the Bid Proposal may be based. Any bidder, by submitting their Bid Proposal, represents and warrants:

that they have prepared their bid in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that they have reviewed, studied and examined the bid prior to the signing and submission of same; and that they were cognizant of the terms of their Bid Proposal, verified their calculations and found them to be correct and agrees to be bound thereby;

and that they have visited the site of work, have fully familiarized themselves with the local and on-site conditions under which the work is to be performed and have correlated their observation with the requirements of the contract documents. In addition, the Bidder represents that they have satisfied themselves as to subsurface conditions at the site of the work. Information, data and representations contained in the contract documents pertaining to the conditions at the site, including but not limited to subsurface conditions, are for information only and are not warranted or represented in any manner to accurately show the conditions at the site of the work. All risks of differing conditions at the site, including but not limited to subsurface conditions shall be borne solely by the Bidder.

(c) The Bidder shall furnish all information required by the bid form. The Bidder shall print or type their name and manually sign the Bid Proposal in the required area of the document.

(d) The Bidder is required to submit a Good Faith Effort Plan for all subcontractors and suppliers as part of the bid. Bidders and/or their agents may contact the Director of Business Engagement and Contract Compliance at marisol.robles@saws.org for assistance or clarification with issues specifically related to the SBOP Policy and/or completion of the Good Faith Effort Plan form.

Bidders’ commitment to SAWS SBOP policy will be based on meeting or exceeding the stated SBOP goal. The SBOP goal is based on the availability of local Minority and Woman-owned Business

Rev. 032626 IB-3

Enterprises for the specific scopes of work associated with this contract.

Please note that as of 3/5/2024, an updated SBOP Policy is being implemented by San Antonio Water System. Self-performance of the Bidder and subcontracting may be used to achieve the SBOP goal.

Small, minority, and woman-owned business (SMWB)-certified Bidders and/or subcontractors or suppliers must be certified as a Small Business Enterprise (SBE) by the South Central Texas Regional Certification Agency dba Supply SA. Eligible firms (including MBEs and WBEs) must be certified as a Small Business Enterprise (SBE), must perform a commercially-useful function on the project, and must have a local presence in the Relevant Marketplace. Please see the Good Faith Effort Plan for definitions of terms.

The SBOP goal is expressed as a percentage of the total dollar amount of the contract going to SMWBs for those areas which the Bidder has subcontracted or anticipates to subcontract, including any future change orders. The goal shall also apply to change orders that require work beyond the scope of services originally required to accomplish the project.

The Bidder agrees to employ good faith efforts to carry out this policy through award of subcontracts to SMWBs to the fullest extent possible.

The SAWS Good Faith Effort Plan (GFEP) will be used for evaluating SMWB participation.

However, all subcontractors and/or suppliers, whether SMWB-certified or not, must be listed in the GFEP, because the information provided in the GFEP will be used to develop the final contract/agreement. The GFEP format is attached.This form is required and considered part of the response to the IFB. Should the Good Faith Effort Plan not be submitted, the bid may be considered non-responsive.

Notices to firms contacted by the Bidder for specific scopes of work identified for subcontracting or supply opportunities must be provided to subcontractor/supplier not less than five (5) business days prior to the bid due date.

SOLICITATION METHOD(S) UTILIZED FOR GOOD FAITH OUTREACH:

At least two methods of solicitation are required, and the approved methods to be utilized for the solicitation are listed below. Copies of the actual postings, direct contact email/phone log, etc. must be attached to this form as support documentation for each method used. Failure to adequately follow these steps will result in the requirement to take additional steps in order to become compliant.

Newspaper Advertisements Meetings or Conferences Trade Association Publications Minority Media Internet & Web Postings Other Government Publications Direct Contact by Phone, Fax, USPS Mail, or Email*

*If using direct contact, entities must solicit to a minimum of 3 SMWB-certified businesses/firms for each scope of work that Bidder intends to engage a subcontractor for (i.e., construction, supplies, equipment, or services).

Rev. 032626 IB-4

The successful Bidder is required to electronically submit actual subcontractor payment information using the Subcontractor Payment and Utilization Reporting (S.P.U.R.) System, accessed through a link on SAWS’ “Business Center” web page. Payment reporting will begin with the first SAWS payment for services under the contract, and with every payment thereafter (for the duration of the contract). The Contractor and all subcontractors will be provided a unique log-in credential and password to access the SAWS subcontractor payment reporting system. The link may be accessed through the following internet address: https://saws.smwbe.com/.

Training on the use of the system will be provided by SAWS upon request. After the prime receives payment from SAWS, electronic submittals will require data entry of the actual amount paid to each subcontractor listed on the Contractor’s Good Faith Effort Plan. Any unjustified failure to comply with the committed SBOP levels may be considered breach of contract.

If there is not an opportunity to subcontract any components of the contract, then use of the S.P.U.R.

System is not applicable.

Please contact the SBOP staff for any questions pertaining to the Good Faith Effort Plan, the SBOP, or S.P.U.R. System reporting.

(e) The Bidder is required to submit a completed Conflict of Interest Questionnaire (CIQ Form). Effective

January 1, 2006, Chapter 176 of the Texas Local Government Code requires that persons, or their agents, who seek to contract for the sale or purchase of property, goods, or services with SAWS shall file a completed Conflict of Interest Questionnaire (CIQ) with SAWS. The CIQ Form will be submitted as part of the bid. This form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Please consult your own legal advisor if you have questions regarding the statute or form. To report suspected ethics violations impacting The San Antonio Water System, please call 1-800-687-1918.

(f) The Bidder is required to submit as part of the bid a letter from the insurance provider stating provider’s commitment to insure the Contractor for the types of coverage’s or an Insurance Certificate to be in conformance with the types of coverage’s noted in General Conditions Section 5.7 – Contractor’s Insurance Requirements, if awarded the contract.

(g) Pursuant to Section 151.311 of the Texas Tax Code, as amended, in order for the San Antonio Water

System to continue to benefit from its status as a State Sales and Use Tax Exempt Organization, construction contracts must be awarded on a "separated contract" basis. A "separated contract" is one that distinguishes the value of the tangible personal property (materials such as pipe, bricks, lumber, concrete, paint, etc.) to be incorporated into the project from the total contract price. Under the "separated contract" format, the contractor in effect becomes a "seller" to the San Antonio Water System of materials that are to be physically incorporated into the project realty. As a "seller", the contractor will issue a "Texas Certificate of Resale" to the supplier in lieu of paying the sales tax on materials at the time of purchase. The contractor will also issue a "Certificate of Exemption" to the supplier demonstrating that the personal property is being purchased for resale and that the resale is to a department of the City of San Antonio, Texas, which is a sales tax exempt entity. Contractors should be careful to consult the most recent guidelines of the State Comptroller of Public Accounts regarding the sales tax status of supplies and equipment that are used and consumed during project work but that are not physically incorporated into the project realty. Contractors that have questions about this law are asked to inquire with the State Comptroller of Public Accounts, at (512) 463-4600.

https://saws.smwbe.com/ http://www.ethics.state.tx.us/

Rev. 032626 IB-5

Bidders will not include any federal taxes in bid prices since the San Antonio Water System is exempt from payment of such taxes. "Texas Certificates of Exemption", "Texas Certificates of Resale" and "Texas Sales Tax Permits" are forms available to the contractor through the regional offices of the State Comptroller of Public Accounts.

6. Bidders should adhere to the following restrictions in communication:

(a) Bidders or their representatives are prohibited from communicating with any City of San Antonio officials regarding this solicitation from the time it is released until it has been acted upon by the Board of Trustees, which includes:

• City Council members (as defined by the City of San Antonio Ethics Code),

• City Council member’s staff, and

• San Antonio Water System (SAWS) Board of Trustees.

(b) Bidders or their representatives are prohibited from communicating with SAWS employees regarding this IFB, except as provided under “Technical Questions” to the point of contact identified within the Invitation to Bidders, from the time the solicitation is released until the contract is awarded.

(c) Bidders or their representatives are prohibited from communicating with the Consultant, Developer, or any contract staff who were or are involved in the development of this IFB, regarding this IFB, from the time the solicitation is released until the contract is awarded.

(d) Communication includes “thank you” letters, phone calls, emails, and any contact that results in direct or indirect discussion of the IFB and/or bid submitted.

(e) If it is determined that a Bidder violates this provision, SAWS may disqualify the bid from consideration.

7. Any catalogue or manufacturer's reference used in describing an item is merely descriptive, and not restrictive unless otherwise noted, and is used only to indicate type and quality of material. When items proposed differ in any way from those specified, Bidders are required to state exactly what they intend to furnish. Otherwise, they shall be required to furnish the items as specified.

8. The work shall be done and completed in accordance with the following Contract Documents as furnished by the San Antonio Water System:

a. The Invitation to Bidders

b. The Instructions to Bidders

c. The Bid Proposal

d. The Payment Bond

e. The Performance Bond

f. The General Conditions of the Contract

g. The Supplemental Conditions of the Contract

h. The Special Conditions of the Contract

i. The Construction Specifications

j. The Standard Drawings

k. Addenda

l. Change Orders

m. Good Faith Effort Plan

n. Conflict of Interest Questionnaire

Rev. 032626 IB-6

9. The successful Bidder will be required to execute the standard San Antonio Water System Contract Agreement, Performance and Payment Bonds as outlined in the General Conditions. These forms will be prepared and furnished by the San Antonio Water System. As part of the contract requirements:

(a) Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bond documents and bind the Surety to the bond conditions. These bonds shall have a corporate Surety that is licensed to conduct business in Texas and authorized to underwrite bonds in the amount of the project. Contractor agrees that all Performance and Payment Bonds required shall be submitted in accordance with General Conditions, Sections 3.4 & 3.5. If the contract amount does not exceed $25,000.00, then the Performance and Payment Bonds will not be required.

(b) Contractor agrees that, unless it is a sole proprietorship or a company with fewer than 10 full-time employees and the value of this Contract is less than $100,000, it:

a. does not boycott Israel and will not do so during the term of this Contract;

b. does not boycott energy companies and will not do so during the term of this Contract;

c. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Contract against a firearm entity or firearm trade association;

This provision is in compliance with Chapters §2271 and 2274 of the Texas Government Code.

SAWS agrees to comply with the United States and Texas Constitutions in consideration of whether to enforce this provision.

10. Where there is an error in the extension, the San Antonio Water System Contracting Office will extend the written unit price and make any corrections necessary. Any error will be corrected, and the correct amount will be the basis for determining the bid position.

11. Bidders are advised that estimated quantities of anticipated requirements during the contract period are not calculated with certainty. It is the policy of the Board, however, as a matter of prudent buying and contracting, to establish in advance of actual purchase or performance of the work, the price of the work which is anticipated, and the price on certain items calculated on the maximum number of a particular item which it might need during a contract period. Bidders are advised that during such period, the Board may determine not to purchase any of the items or may delete any or all of the work listed in a bid or invitation. Under such a contract, the Board's only commitment is to purchase the items from or proceed with the work by the successful Bidder at the price bid if the Board should, in fact, decide to purchase such items during the contract period or proceed with such work as proposed. On all bids, the Board reserves the right to reject a bid, which in the Board's judgment is "unbalanced." An "unbalanced bid" is defined as one in which a particular item or a class of items is bid at a figure sufficiently less than or higher than either general market price or Bidder's cost, so as to make the Bidder low on the overall bid but high on a significant number of other items. The Board reserves the right to exercise its judgment and reject such a bid as unqualified. If the Board nevertheless accepts such an unbalanced bid and the contract is awarded, the Board reserves the right to delete any or all of such items from the purchases to be made or work to be done.

12. SAWS will provide all necessary easements for the project.

13. No owner, stockholder, partner, officer, or employee of the Bidder, or any person who has a financial interest in this contract in any way, whether direct or indirect, shall be an officer or employee of the San Antonio Water System or the City of San Antonio at the time of bidding on this contract, or during the life of this contract. Any violations of this provision will render the bid or contract void.

14. The Contractor will establish a San Antonio address and telephone number and file that information with the Contracting Officer prior to starting work. If the contractor does not have a local office then they

Rev. 032626 IB-7 must submit the address and telephone number of the field office established for this project. The Contractor's address and telephone number will be maintained until the work is completed and accepted by the owner.

15. In case of ambiguity, duplication or obscurity in the bids, the San Antonio Water System Contracting

Office reserves the right to construe and apply the meaning thereof. The San Antonio Water System Contracting Office reserves the right to reject any and all bids and to waive formalities.

16. The San Antonio Water System Contracting Office reserves the right, subject to the Contractor's approval, to extend any annual contract for an additional period of not more than one year, subject to the same terms and conditions as enumerated in the invitation and instruction to Bidders and at a price or prices not to exceed the prices quoted.

17. It is anticipated that the contract will be awarded within 60 days after bid opening to the Responsible

Bidder whose bid, conforming to the invitation for bids, is most advantageous to the San Antonio Water System. Bidders are advised that the awarding of contracts on a bid basis is a requirement of state law and city charter. The purposes of such requirements are: (1) to prevent the historic abuses of negotiated purchases; (2) to enable the Board to use its purchasing power to buy at the lowest possible prices for the benefit of the system and the public; and (3) to enable the Board to award the contract to other than the low Bidder when, in the Board's judgment, the low Bidder is not qualified. Bidders are advised that it is not the intention of the Board, necessarily, to award contracts on the basis of differences in the bids other than differences in basic "price of the item." The Board reserves the right to take whichever action as may, in the judgment of the Board, to be its best interest as follows:

(1) Reject all bids;

(2) Award the bids by the drawing of lots; or

(3) Award the bids on the basis of differences other than price.

Bidders are advised that the awarding of bids is a matter solely within the jurisdiction of the Board of Trustees. The San Antonio Water System reserves the right to accept any items or groups of items in this bid. Execution of written acceptance of a bid by the San Antonio Water System shall constitute an award.

18. The San Antonio Water System Contracting Office may reject the apparent low Bidder when: (a) the

Bidder misstates or conceals any material fact in the bid, or if (b) the Bidder does not conform with the law or the bid, or if (c) the bid is conditional, or if (d) the bid is unbalanced, or when (e) the lowest Bidder is not, in the Board's judgment, qualified, or when (f) the lowest bid is not, in the Board's judgment, the lowest and best bid, or if (g) the Bidder fails to acknowledge in the final bid price of the bid any and all addendums issued on the Bid Proposal prior to bid opening , or if (h) the Bidder fails to follow the restriction from communication outlined in the Instructions to Bidders.

It will be the full responsibility of each Bidder to visit the SAWS web site to verify the existence of and acknowledge on the Bid Proposal, any and all addendums issued by the San Antonio Water System. The San Antonio Water System Contracting Office reserves the right to reject any and all bids, to accept any bids, or parts thereof, considered by the San Antonio Water System to be to its best interest, and to waive formalities or irregularities.

19. The Bidder in preparing their bid, shall take cognizance of the difficulty of distinguishing between boulders and ledge rock, the difficulty of accurately classifying all material encountered in making the subsurface investigations, the possible erosion of stream channels and banks after survey data has been obtained, and the unreliability of water elevations other than those for the date recorded. Claims for additional compensation due to variations between conditions actually encountered in a construction and as indicated in the plans will not be allowed.

Rev. 032626 IB-8

20. All contracts in excess of $10,000 with contractors or suppliers having 15 or more employees will include the clauses listed below:

(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, national origin, political belief or affiliation, age, disability or genetic information. The Contractor will assure that employees or applicants for employment are treated in a fair and equitable manner in such actions which shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor will post in conspicuous places for the benefit of the employee and applicants for employment notices setting forth the provisions of this nondiscrimination clause.

(b) Upon request, the Contractor will furnish to the San Antonio Water System all information and reports and will permit access to the books, records, and accounts for the purposes of an investigation to ascertain compliance with rules and regulations set forth by this organization.

(c) If a Contractor is found not to be in compliance with the nondiscrimination clause of this contract, the contract may be canceled, terminated, or suspended in all or in part and the Contractor may be debarred from further contracts with the San Antonio Water System.

(d) All Bidders or prospective Contractors or Subcontractors will be required to submit a statement in writing signed by an authorized official or agent on behalf of the company to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex, or national origin.

The Contractor shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated 24 September 1965 or as amended and with Section 3 of the Housing and Urban Development Act of 1968 covering opportunities for business and lower financed HUD assisted projects.

Contractors/Consultants/Vendors on work paid by federal funds will be required to comply with the president's executive order no. 11246, "Equal Employment Opportunity," as amended by executive order no. 11375, "amending executive order 11246 relating to equal employment opportunity," and as supplemented by regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department Of Labor.

21. Approval of Plans and/or Specifications by an employee of SAWS shall not constitute an assumption of liability by the San Antonio Water System or such employee for any inaccuracy of computation or deficiency of design therein.

22. Bidder shall not offer, confer, or agree to confer any benefit or gift to any San Antonio Water System

Employee, Officer, or Trustee of the Board of the San Antonio Water System and Water System employees are prohibited from soliciting, accepting or agreeing to accept any gifts from outside sources;

please see Section M. – Gifts or Benefits of the Water System’s Code of Ethical Standards. Section M of the Water System’s Code of Ethical Standards regarding Gifts or Benefits is available on the SAWS Business Center website.

23. Contractor shall comply with the "WORKERS COMPENSATION INSURANCE COVERAGE REQUIREMENTS" as noted on Section 5.7 CONTRACTOR'S INSURANCE REQUIREMENTS of the General Conditions for further clarification.

Rev. 032626 IB-9

24. To assist the San Antonio Water System Contracting Office in performing the bidder evaluation and subsequent recommendation of award, the apparent low bidder will submit the following items within one

(1) day of the bid opening. Failure to provide the required information within the specific time, may result in determining a non-responsive bidder:

(a) An information packet on company showing experience, organization and equipment.

(b) A statement regarding ability to complete the project within the schedule taking into account existing commitments.

(c) Record of performance on three (3) similar projects completed within the last 5 years including name of project, amount of project, project duration, name, address, and telephone number of contact person for each project.

(d) A completed and signed W-9 Request for Taxpayer Identification Number and Certification form.

(e) For projects with a construction estimate of $10,000,000 or greater:

A complete financial statement for your organization that was prepared within the past 12 months, by an independent Certified Public Accountant, and a point of contact for your banking institution.

25. Effective January 1, 2016, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. The online filing application is available on the Texas Ethics Commission (TEC)’s website. A copy of the completed form, which will include a certification of filing that with a unique certification number, will be required with the signed contract. For additional information, Bidders may go to the Texas Ethics Commission website at the following link: https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm

26. To the extent this contract has a stated expenditure of or results in an expenditure of at least $1 million in public funds, then pursuant to Texas Government Code §552.372, Contractor will preserve all contracting information, as defined by §552.003, related to the contract for the duration of the contract; promptly provide to SAWS any such contracting information related to the contract that is in its custody or possession of SAWS on request of SAWS; and on completion of the contract, either: a) provide at no cost to SAWS all such contracting information related to the contract that is in its custody or possession or b) preserve such contracting information related to the contract as provided by the records retention requirements applicable to SAWS.

The Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of Subchapter J, Chapter 552, of the Texas Government Code.

https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Workers' Compensation Insurance Coverage

A. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the division [or a coverage agreement (DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-84,) showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

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

Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.

This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project.

"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project.

"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

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Master Set 11.14.25

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers’ Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

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

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the contractor:

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(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the…