CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR CONSTRUCTION OF

Lois Street Ground Storage

Tank and Pump Station

KERRVILLE PROJECT NO. 20-011

TWDB PROJECT EQ DWSRF NO. 62804 CID-02

Bid Documents

October 2025

PREPARED BY:

Walker Partners 6504 Bridge Point Parkway, Suite 200

Austin, Texas 78730

W 512.382.0021 C 512.777.8369

WP Project No. 03-00794

TBPE Registration No. 8053

Designer Seal 00 01 07 - 1

Lois Street Ground Storage Tank and Pump Station

00 01 07 DESIGNER SEAL

12/09/2024

TBPE Registration No. 8053 | TBPLS Registration No. 10194317

6504 Bridge Point Parkway, Suite 200

Austin, Texas 78730

Designer Seal 00 01 07 - 2

00 01 07 DESIGNER SEAL

Specification Sections Sealed

00 01 10

00 11 16

00 21 13

00 41 13

00 43 13

00 43 16

00 45 02

00 45 05

00 45 13

ED-101

ED-103

ED-104

WRD-255

SRF-404

TWDB-0216

TWDB-0217

TWDB-0373

00 52 13

00 61 13

00 61 16

00 73 00

00 73 16

00 73 43

00 73 46

00 74 00

TWDB-0550

01 23 10

Table of Contents

Invitation to Bid

Instructions to Bidders

Bid Form

Bid Bond

Certificate of Insurance

Non-Collusion Certification

Business Entity Identification

Qualifications Statement

Site Certificate

Contractor’s Act of Assurance

Contractor’s Act of Assurance Resolution

Bidder’s Certifications regarding Equal

Employment Opportunity and Non-

Segregated Facilities

Debarment/Suspension Certification

Affirmative Steps Solicitation Report

Prime Contractor Affirmative Steps

Certification and Goals

Loan/Grant Participation Summary for

Procurements

Agreement

Performance Bond

Payment Bond

Supplemental Conditions

Statement of Insurance Requirements

Wage Rate Requirements

Wage Determination Schedule

Special Conditions for the TWDB

Supplemental Conditions for the TWDB

Alternates and Allowances

Freese and Nichols, Inc.

Texas Registered Engineering

Firm F-2144

END OF SECTION

Table of Contents

00 01 10 - 2

00 01 10 TABLE OF CONTENTS

Section Title

Division 00 Procurement and Contracting Requirements

00 01 07 Designer Seal

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 41 13 Bid Form

00 41 16 Bid Form Exhibit A

00 43 13 Bid Bond

00 43 16 Certificate of Insurance

00 45 01 Nonresident Bidders

00 45 02 Non-Collusion Certification

00 45 03 Conflict of Interest Questionnaire

00 45 04 State Sales Tax Requirements

00 45 05 Business Entity Identification

00 45 13 Qualifications Statement

WRD-255

Bidder’s Certifications regarding Equal Employment Opportunity and Non-Segregated

Facilities

SRF-404 Debarment/Suspension Certification

TWDB-0216 Affirmative Steps Solicitation Report

TWDB-0217 Prime Contractor Affirmative Steps Certification and Goals

TWDB-0373 Loan/Grant Participation Summary for Procurements

00 52 13 Agreement

00 61 13 Performance Bond

00 61 16 Payment Bond

00 72 00 General Conditions

00 73 00 Supplementary Conditions

00 73 16 Insurance Requirements

00 73 17 Texas Workers’ Compensation Insurance

00 73 43 Wage Rate Requirements

00 73 46 Wage Determination Schedule

TWDB-0550 Supplemental Conditions for the TWDB

00 91 00 Addenda

Division 01 General Requirements

01 11 00 Summary of Work

01 23 10 Alternates and Allowances

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Coordination

01 33 00 Document Management

00 01 10 - 3

Division 05 Metals

05 50 00 Metal Fabrications

Division 09 Finishes

09 90 00 Painting and Coating

Division 31 Earthwork

31 05 13 Topsoil

31 10 00 Clearing

31 23 15 Trench Safety Systems

31 23 16 Excavation

31 23 17 Trenching

31 23 23 Fill

31 23 24 Flowable Fill

31 25 12 Storm Water Pollution Prevention

Division 32 Civil Site Improvements

32 05 16 Aggregates for Civil Site Improvements

32 91 19 Landscape Grading

32 92 19 Seeding

32 92 23 Sodding

Division 33 Utilities

33 01 10.58 Disinfection of Water Utility Facilities

33 05 19 Pressure Piping Tied Joint Restraint System

Division 40 Process Integration

40 05 06 Couplings, Adapters, and Specials for Process Piping

40 05 07 Hangers and Supports for Process Piping

40 05 10 Common Requirements for Process Piping

40 05 19 Ductile Iron Process Pipe

40 05 24 Steel Process Pipe

40 05 31 Thermoplastic Process Pipe

01 33 01 Document Register

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 04 Operation and Maintenance Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 40 00 Quality Management

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

00 01 10 - 4

40 05 40 Process Piping Leakage Testing

40 05 51 Common Requirements for Process Valves

40 05 52 Miscellaneous Valves

40 05 57 Actuators for Process Valves and Gates

40 05 61 Gate Valves

40 05 64 Butterfly Valves

40 05 65 Valves for Pump Control and Check Service

40 05 67 Specialized Pressure and Flow Control Valves

40 05 78 Air and Vacuum Release Valves for Water and Wastewater Service

40 05 81 Hydrants, Hose Bibs and other Miscellaneous Valves

40 05 92 Common Requirements for Equipment

40 42 13 Process Piping Insulation

40 61 13 Process Control Systems General Provisions

40 61 96 Process Control Descriptions

40 70 01 Instrument Support Hardware

40 70 02 Process Instrument Schedule

40 70 03 Instrument and Control Components

Division 43 Process Gas and Liquid Handling

43 24 13.13 Vertically Suspended Single-Casing Discharge-through-column Diffuser Centrifugal

Pumps

43 41 63 Prestressed Concrete Tank

Invitation to Bid 00 11 16 – 1

Lois Street Ground Storage Tank and Pump Station Project

00 11 16 Invitation to Bid

Sealed bids for the Lois Street Ground Storage Tank and Pump Station Project will be received electronically through www.civcastUSA.com by the City of Kerrville, Texas until 3:00 p.m. on

June 24, 2026 and then be publicly opened and read aloud in Council Chambers at City Hall.

The project is generally described as follows:

The work is at the existing Lois Street Ground Storage Tank and Pump Station site. The work includes the construction of a new prestressed concrete ground storage tank and pump station.

The work includes furnishing electrical power and motor control system, and the demolition of the existing pumps and ground storage tank and abandonment of the existing pipelines. The existing well at the site will have the motor control relocated and the instrumentation tied into the SCADA system. New and relocated instrumentation at the site shall be integrated into the existing SCADA system.

The bidding documents, plans, specifications, etc. may be examined by all bidders at the City of

Kerrville Engineering Office, 200 Sidney Baker Street, Kerrville, Texas, 78028, 830-258- 1528, or on the City’s website www.kerrvilletx.gov. Copies of such instruments may be obtained from the following website: http://www.civcastusa.com. The cost for printed Contract Documents is not refundable and the documents are not returnable.

This website will be updated with addenda, plan holder lists, bid tabulations, additional reports or other information relevant to bidding the Project. Official plan holders list will only be the list maintained by The City. It is the sole responsibility of all plan holders, whether they have received digital downloads or paper copies of the plans and specifications, to periodically check for

Addenda which may have been posted on the Civcast USA website.

Each bid must be accompanied by the Bid Documents, as indicated in Section 00 21 13

‘Instructions to Bidders’ , as well as a certified check, cashier's check, or Bid Bond payable to the

City of Kerrville, Texas, in the amount of five percent (5%) of the amount bid as a guarantee that the contract and bond will be entered into within ten (10) days after the award is made. No bids will be accepted after 3:00 p.m. on the date of bid opening.

A Performance/Payment bond in the amount of one hundred percent (100%) of the total contract price will be required.

No bidder may withdraw their bid after the scheduled closing time for filing the bids.

A non-mandatory Pre-Bid Conference shall be held at 10:00 AM on June 2, 2026, at City Council

Chambers, City Hall.

This contract is to be funded, and is contingent upon release of funds, through financial assistance obtained from the Texas Water Development Board as part of the Drinking Water State Revolving

Fund. There are several special provisions for this funding that bidders, by submitting a bid, acknowledge understanding, including the following: a contract is contingent upon release of funds from the TWDB; any contract or contracts awarded under this Notice to Bidders are expected to be funded in part by financial assistance from the TWDB; and neither the State of

Invitation to Bid 00 11 16 – 2

Texas nor any of its departments, agencies, or employees are or will be a party to this Invitation for Bids or any resulting contract.

Any contract or contracts awarded under this Invitation for Bid (IFB) will be funded in part by financial assistance from the TWDB. Neither the U.S. Environmental Protection Agency (EPA) or the State of Texas, nor any of its departments, agencies, or employees, are or will be a party to this IFB or any resulting contract.

Any contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and

Steel (AIS) requirements of federal law, including federal appropriation acts.

This contract is subject to the Environmental Protection Agency’s (EPA) Disadvantaged Business

Enterprise (DBE) Program, which includes EPA-approved fair share goals toward procurement of

Minority and Women-owned Business Enterprise (M/WBE) businesses. EPA rules require that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to M/WBEs through demonstration of the six affirmative steps.

For more details of the DBE Program and the current, applicable fair share goals, please visit www.twdb.texas.gov/dbe.

Equal Opportunity in Employment - All qualified Applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability, or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-

4, relating to Construction Contractors--Affirmative Action Requirements, which include the

President’s Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive

Order No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance.

Owner reserves the right to reject any and all bids.

Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of treatment works carried out, in whole or in part, with assistance made available by the Clean

Water State Revolving Fund (CWSRF) or a construction project financed, in whole or in part, from the Drinking Water State Revolving Fund (DWSRF).

The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment works project under the CWSRF or a construction project under the DWSRF.

For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the provisions of the Contract Wage Hours and Safety Standards Act (CWHSSA), as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act may also apply to Davis-Bacon covered contracts.

Any contracts in excess of $2,000 must include the provisions of the Davis-Bacon Wage Rate

Requirements found in TWDB Guidance DB-0156.

Invitation to Bid 00 11 16 – 3

All questions/inquiries regarding this project shall be directed through the Civcast USA website by

Thursday, June 18, 2026 at 5:00 p.m. CST. Questions that result in changes to the specifications will be answered in writing in the form of an addendum.

Instructions to Bidders 00 21 13 - 1

00 21 13 INSTRUCTIONS TO BIDDERS

DEFINED TERMS

The terms used in these Instructions to Bidders have the meanings assigned to them in the

General Conditions and Supplementary Conditions.

RECEIPT OF BIDS

Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids.

COPIES OF CONTRACT DOCUMENTS

Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.”

Use complete sets of Contract Documents in preparing Bids. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use.

QUALIFICATIONS STATEMENT

Submit information as required in Section 00 45 13 “Qualifications Statement” with submission of bid.

EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

Examine the Contract Documents, the Site, and other information readily available before submitting a Bid.

Examine the Contract Documents and supplemental data:

Carefully study the Contract Documents.

Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to the

Bidder.

Promptly notify the Construction Manager of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and supplemental information.

Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work to the degree necessary to prepare a Bid for the Project.

Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents, and consider these in preparation of a Bid for the

Project.

Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work.

Visit the Site to become familiar with any general, local, or Site conditions that may affect the

Instructions to Bidders 00 21 13 - 2 cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. Coordinate access to private property through the Owner.

Subsurface exploration is not allowed.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that the

Bidder has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

Work will be completed in accordance with the Contract Documents for the Contract Price within the Contract Times;

Bidder has given the Construction Manager written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data;

Written resolutions provided by the Construction Manager are acceptable to the Bidder; and

Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work.

PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held at the time and location indicated in

Section 00 11 16 “Invitation to Bid.”

INTERPRETATIONS AND ALTERNATE BIDS

Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Design Engineer using the procurement method as indicated in

Section 00 11 16 “Invitation to Bid.”

Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Design Engineer no later than 10 days after the date Project is advertised. Design Engineer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive.

Bidder may submit a separate and additional Bid if the Bidder includes exceptions or the Bidder wishes to make a Bid that is not in accordance with the terms and conditions of the Contract

Documents, or for Work that is not in strict compliance with the Contract Documents. Describe the intent and substance of the changes in the additional Bid in adequate detail so they are clearly understood. Alternate Bids will not be considered in the evaluation of the Bids. Upon selection of the Bid of the lowest responsible Bidder, and after the award of the Contract, the Design Engineer may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates.

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

BID SECURITY

Bidders must submit an acceptable bid bond, cashier’s check, or certified check as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must

Instructions to Bidders 00 21 13 - 3 be issued by a surety legally authorized to do business in Texas and meet the requirements of the

General Conditions. Cashier’s or certified checks must be made payable to the City of Kerrville and are to be effective on the day Bids are submitted.

Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful

Bidder upon Bidder’s failure to execute and deliver the Agreement or Amendments to the

Agreement.

Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded, or all Bids are rejected. Cashier’s or certified checks may be returned by the Owner when the Contract is executed, or all Bids are rejected.

CONTRACT TIMES

See applicable provisions for Contract Times in the Agreement.

LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

Provisions for liquidated damages and the payment of retainage and interest are set forth in the

Agreement.

PREPARATION OF THE BID FORM

The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form.

The unit price governs if a conflict exists between the extended amount derived by multiplying the unit price by the stated quantity of units and the extended amount shown in the Bid Form.

Execute the Bid Form as indicated in the document and include evidence of authority to sign.

Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive.

Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form.

Provide evidence of the Bidder’s authority and qualification to do business in Texas or agree to obtain such qualification prior to award of the Contract. Failure to obtain this qualification will render the Bid non-responsive and Bidder will forfeit its Bid Security.

CONFIDENTIALITY OF BID INFORMATION

The Owner is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Bidders.

Bids will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Bidders and keeps the Bids from the public until a contract is awarded.

The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

Clearly indicate which specific documents are considered to be trade secrets or confidential

Instructions to Bidders 00 21 13 - 4 information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet or on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate for the rest of the Bid.

The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Bidder of the request as required by Section 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released.

Bidder acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Section 552.305(b) and that if disclosure is required, the Owner has no liability for releasing this information and Bidder will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.

The obligations of the Owner as recipient with respect to confidential information under the terms of this Agreement are subject to the following exceptions:

If confidential information becomes a part of the public domain through publication or otherwise but through no fault of the Owner;

Owner can demonstrate through suitable documentation that the confidential information was already in the Owner’s possession or otherwise publicly available prior to the date of disclosure hereunder;

The confidential information is subsequently disclosed to the Owner by a third party who has a lawful right to disclose such information; or

The Owner is required to disclose the confidential information by court order or by applicable law.

If the Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 552, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this

Agreement, the Owner will provide Bidder with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

DELIVERY OF BIDS

Complete and deliver the Bid Form along with all required documents identified in the Bid Form electronically through http://www.civcastusa.com.

MODIFICATION OR WITHDRAWAL OF BIDS

Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of

Instructions to Bidders 00 21 13 - 5 its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued Invitation to Bid for the Work to be furnished under these Contract Documents.

OPENING OF BIDS

Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The

Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Bidders and the amount bid as required by applicable Laws and

Regulations.

BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for 90 days from the date on which Bids are opened.

The Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period.

EVALUATION OF BIDS

The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Bidders to determine the lowest responsible Bidder.

Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

Each Bidder agrees to waive any claim it has or may have against the members of the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Bid, the Owner has not and does not waive its sovereign immunity from suit and/or liability.

AWARD OF CONTRACT

Owner reserves the right to reject any and all Bids, including non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Owner to make an award to that Bidder. The Owner reserves the right to waive all formalities.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered, except as additional Bids in accordance with Article 7. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work will be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

The Contract will be awarded to the lowest responsible Bidder if a contract is to be awarded.

Owner may consider the following in evaluating the Bids and awarding the Contract:

Instructions to Bidders 00 21 13 - 6

Bidder's qualifications and ability to demonstrate current capability to complete the Project in conformance with the requirements of the Contract Documents.

Compliance of the Bids with requirements of the Contract

Documents. Alternates and unit prices if requested in the bid forms.

The amount bid.

Proposed date of completion and the ability to meet intermediate Milestones that may have been established for the Project.

SIGNING OF THE AGREEMENT

The Notice of Award to the Successful Bidder will be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are identified in the Agreement. The Successful Bidder must sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner within 15 days. The Owner will deliver signed counterparts to the Successful Bidder within 10 days after receiving the signed documents from the Successful Bidder.

The Successful Bidder must also complete and submit a Certificate of Interested Parties (Form

1295) to the Owner as required by Tex. Gov’t Code Chapter 2252 with the signed Agreement.

BONDS AND INSURANCE

The General Conditions set forth the Owner’s requirements as to bonds and insurance. When the

Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the performance and payment bonds and required evidence of insurance.

Provide performance and payment bonds for this Project that fully comply with the provisions of

Tex. Gov’t Code Chapter 2253. Administration of these bonds will conform to Chapter 2253 and the provisions of the Contract Documents.

SALES AND USE TAXES

The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of

Texas and is usually not subject to any local or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Bidders assume responsibility for including any applicable sales taxes in their Bids and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

It is the Owner’s intent to have this Contract qualified as a “separated contract.” In order for this

Contract to qualify:

Obtain a sales tax permit from the State of Texas Comptroller if awarded this Contract.

Identify the dollar value of materials exempt from the sales tax. This information must be reported in Section 00 45 04 “State Sales Tax Requirements.” Bids that do not include the information requested in this Section may be considered non-responsive.

WAGE RATES

Instructions to Bidders 00 21 13 - 7

This Contract is subject to Tex. Gov’t Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Section 00 73 43 “Wage

Rate Requirements.” A schedule listing the minimum wage rates for various classifications of laborers which have been established by the Owner for this Project are included in

Section 00 73 46 “Wage Determination Schedule.” Bidders will be required to pay at least the minimum wages shown on this list and comply with all applicable federal, state, and local Laws and Regulations related to the payment of prevailing wage rates.

PROHIBITED CONTRACTS

Owner may not enter into contracts with companies that are engaged in business with Iran, Sudan, or a company known to have contracts with or provide suppliers or services to a foreign terrorist organization in accordance with Tex. Gov’t Code Chapter 2252 or a company boycotting

Israel in accordance with Tex. Gov’t Code Chapter 2270.

TWDB INSTRUCTIONS TO BIDDERS

1. Contingent Award of Contract

This contract is contingent upon release of funds from the Texas Water Development Board

(TWDB). Any contract(s) awarded under this Invitation for Bids is/are expected to be funded in part by a loan or loan with principal forgiveness from the TWDB and a grant from the

United States Environmental Protection Agency (EPA). Neither the State of Texas, the EPA, nor any of its departments, agencies, or employees, are or will be a party to this Invitation for

Bids or any resulting contract.

2. Disadvantaged Business Enterprise Goals

The Texas Water Development Board’s (TWDB) Clean Water and Drinking Water State

Revolving Fund programs receive federal funding from the U. S. EPA. As a condition of federal grant awards, U.S. EPA regulations require that funding recipients (municipalities, towns, public water authorities, nonprofit water supply corporations, etc.) and sub-recipients (prime consultants, prime contractors, and subcontractors) make a "good faith effort" to award a fair share of work to Disadvantaged Business Enterprises (DBE) who are Minority Business

Enterprises (MBE's), and Women-owned Business Enterprises (WBE's) whenever procuring

Construction and Non-Construction (supplies, services and equipment). More information on

DBE requirements is available in Section III, Supplemental Contract Conditions section of this guidance No. 16. Disadvantaged Business Enterprises.

The most current fair share goals for the State of Texas are located on the TWDB website at www.twdb.texas.gov/financial/programs/DBE/index.asp and as follows:

Category MBE WBE

Construction 24.50% 11.34%

Non-Construction 24.05% 19.35%

Total Combined Construction and Non-Construction 24.16% 17.38%

3. Davis-Bacon Wage Rate Requirements

Davis-Bacon prevailing wage requirements apply to the construction, alteration or repair of

Instructions to Bidders 00 21 13 - 8 treatment works carried out, in whole or in part, with assistance made available by the Clean

Water State Revolving Fund (CWSRF) or a construction project financed, in whole or in part, from the Drinking Water State Revolving Fund (DWSRF).

The Davis-Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment works project under the CWSRF or a construction project under the DWSRF.

For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the provisions of the Contract Wage Hours and Safety Standards Act (CWHSSA), as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor

Standards Act may also apply to Davis-Bacon covered contracts.

Any contracts in excess of $2,000 must include the provisions of the Davis-Bacon Wage Rate

Requirements. See Section III, Paragraph 11, Option 1 (governmental entities) and Option 2

(non-governmental entities) for contract clauses required for Davis-Bacon requirements. This information is also included in TWDB Guidance DB-0156, as follows (Applicant = Owner (sub-recipient)):

• If the Owner (sub-recipient) is a governmental entity such as a city or district, it must insert in full the contract clauses found in TWDB Guidance DB-0156, Appendix 1: Section

3, Section 4 (if the contract exceeds $100,000), and Section 5.

• If the Owner (sub-recipient) is a non-governmental entity such as a water supply corporation or a private company, it must insert in full the contract clauses found in

TWDB Guidance DB-0156, Appendix 2: Section 3, Section 4 (if the contract exceeds

$100,000), and Section 5.

The Owner (sub-recipient) must ensure all prime contracts require the same full text in any subcontracts. See TWDB Guidance DB-0156 for the text of the contract language that must be included.

Additional information on Davis-Bacon Wage Rate Requirements and its applicability to this contract can be found in TWDB Guidance DB-0156.

4. American Iron and Steel

Any contract(s) awarded under this Invitation for Bids (under the 2022 IUP or earlier) is/are subject to the American Iron and Steel (AIS) requirements of 33 U.S.C §1388 for Clean Water

State Revolving Fund projects or Public Law 114-113, Consolidated Appropriations Act, 2016, or subsequent appropriations acts, for Drinking Water State Revolving Fund projects. The

Contractor must complete the statement of understanding regarding this requirement, found in Supplemental Contract Conditions, Item No. 9. The statement of understanding must be signed by the Contractor.

5. Build America, Buy America (BABA) Act

Any contract(s) awarded under this Invitation for Bids (under the 2023 IUP or later) is subject to the Build America, Buy America (BABA) Act requirements of Section 70901 of P.L. 117-58 of the Bipartisan Infrastructure Law, 2021. The Contractor must complete the statement of

Instructions to Bidders 00 21 13 - 9 understanding regarding this requirement, found in Supplemental Contract Conditions, Item

No. 10. The statement of understanding must be signed by the Contractor.

6. Equal Employment Opportunity and Affirmative Action

All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age (40 or older), disability, or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4, relating to

Construction Contractors--Affirmative Action Requirements, which include the President's

Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order

No. 13672, in the award and administration of contracts awarded under TWDB financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach, which may result in the termination of the awarded financial assistance.

7. Debarment and Suspension Certification

This contract is subject to the federal requirements of Subpart C of 2 CFR Part 180 and Part

1532 regarding Debarment and Suspension. The Contractor will comply with the assurances provided with the bid that leads to a contract.

8. Bid Guarantee

Each bidder must furnish a bid guarantee equivalent to five percent (5%) of the bid price

(Water Code 17.183). If a bid bond is provided, the Contractor must utilize a surety company that is authorized to do business in Texas in accordance with Surety Bonds and Related

Instruments, Chapter 3503 of the Insurance Code.

9. Summary of Forms to be submitted with the Bid Documents:

• WRD-255, Bidder's Certifications regarding Equal Employment Opportunity and Non-

Segregated Facilities.

• SRF-404, Certification Regarding Debarment, Suspension and Other Responsibility

Matters, (to be completed and submitted by the sub-recipient).

• Disadvantaged Business Enterprise (DBE) Construction Contract Phase Forms

Form Prime Contractor Submit Form To

TWDB-0216 Required TWDB

TWDB-0217 Required TWDB

TWDB-0373 Required TWDB

Bid Form 00 41 13 - 1

00 41 13 BID FORM

ARTICLE 1 - BID RECIPIENT

1.01 Bidder submits this Bid to:

Sealed bids for the Lois Street Ground Storage Tank and Pump Station Project will be received electronically through www.civcastUSA.com.

ARTICLE 2 – BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the

Owner on the form included in the Contract Documents and to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the

Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents.

2.02 Bidder accepts all of the terms and conditions of Section 00 11 16 “Invitation to Bid” and

Section 00 21 13 “Instructions to Bidders.”

2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

2.04 Bidder acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

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

3.03 Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

3.04 Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions:

A. Drawings of physical conditions relating to existing surface or subsurface structures at the Site;

B. Underground Facilities referenced in reports and drawings;

C. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or

Bid Form 00 41 13 - 2 adjacent to the Site; and

D. Technical Data related to each of these reports and drawings.

3.05 Bidder has considered the:

A. Information known to the Bidder;

B. Information commonly known to contractors doing business in the locality of the

Site;

C. Information and observations obtained from visits to the Site; and

D. The Contract Documents.

3.06 Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and

C. Bidder’s safety precautions and programs.

3.07 Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract

Documents based on the information and observations referred to in the preceding paragraphs.

3.08 Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

3.09 Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract

Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

3.10 Bidder has given the Design Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the Design Engineer is acceptable to the Bidder.

3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

3.12 Bidder’s submittal of a Bid constitutes an incontrovertible representation that, without exception, all prices in the Agreement are premised upon performing and furnishing the

Work required by the Contract Documents.

Bid Form 00 41 13 - 3

ARTICLE 4 – BASIS OF BID

4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the attached in Section 00 41 16 “Bid Form Exhibit A”:

A. Extended amounts have been computed in accordance with the General Conditions.

B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all unit price items will be based on actual quantities provided, measured as provided in the Contract Documents.

C. Unit prices will be used to compute the actual Bid price.

ARTICLE 5 – TIME OF COMPLETION

Bidder agrees that the Work will be Substantially Complete and will be completed and ready for final payment in accordance with the General Conditions within the number of calendar days indicated in Section 00 52 13 “Agreement.”

ARTICLE 6 – ATTACHMENTS TO THIS BID

6.01 The following documents are attached to and made a condition of this Bid:

A. Section 00 41 16 “Bid form Exhibit A.”

B. Section 00 43 13 “Bid Bond.”

C. Section 00 45 01 “Nonresident Bidders.”

D. Section 00 45 02 “Non-Collusion Certification.”

E. Section 00 45 03 “Conflict of Interest Questionnaire.”

F. Section 00 45 04 “State Sales Tax Requirements.”

G. Section 00 45 13 “Qualifications Statement.”

H. WRD-255 “Bidder’s Certifications regarding Equal Employment Opportunity and Non-

Segregated Facilities”

I. SRF-404 “Debarment/Suspension Certification.”

J. TWDB-0216 “Affirmative Steps Solicitation Report.”

K. TWDB-0217 “Prime Contractor Affirmative Steps Certification and Goals.”

L. TWDB-0373 “Loan/Grant Participation Summary for Procurements.”

VENUE

Bidder agrees that venue will lie exclusively in Kerr County, Texas for any legal action.

Bid Form 00 41 13 - 4

ARTICLE 7 – BID DELIVERY

7.01 This Bid is offered by:

Bidder:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Address for giving notices:

Phone: Email:

(Attach evidence of authority to sign if Bidder is a corporation, partnership, or a joint venture.)

Bid Form Exhibit A

00 41 16 - 5

00 41 16 BID FORM EXHIBIT A

BID ITEM A: LOIS STREET STORAGE TANK AND PUMP STATION IMPROVEMENTS

Item Description Quantity Unit Unit Price Total Amount

A1 GENERAL CONDITIONS

A1.1 MOBILIZATION - INCLUDING BUT NOT LIMITED TO,

MOBILIZATION, TRAFFIC HANDLING, BONDING,

INSURANCE, AND INCIDENTALS (AMOUNT SHALL

NOT EXCEED 5% OF TOTAL BID) 1 LS

A1.2 STORM WATER POLLUTION PREVENTION PLAN AND

IMPLEMENTATION 1 LS

A1.3 TRENCH SAFETY SYSTEM AND PLAN AS REQUIRED BY

OSHA. (Contractor must enter total LF of trench safety required for the project.) ________ LF

A2 CIVIL & MECHANICAL IMPROVEMENTS

A2.1 DEMOLITION OF ABOVEGROUND AND

UNDERGROUND PIPING, VALVES AND FITTINGS AS

SHOWN. DEMOLITION INCLUDES REMOVAL OF

ABOVEGROUND PIPING AND ABANDONMENT AND

GROUT FILLING OF UNDERGROUND PIPING. 1 LS

A2.2 DEMOLITION AND REMOVAL OF EXISTING STORAGE

TANK, FOUNDATION, PUMPS AND PUMP CANS AND

ALL APPURENTANCES. 1 LS

A2.3 SITE WORK, INCLUDING BUT NOT LIMITED TO, SITE

CLEARING, SITE GRADING, TOPSOIL PLACEMENT,

AND SEEDING OF ALL DISTURBED AREAS FURNISHED,

INSTALLED, COMPLETE AND ACCEPTED IN PLACE. 1 LS

A2.4 CONCRETE WORK FOR THE HIGH SERVICE PUMP

STATION INCLUDING SURFACE AND SUBSURFACE

PAD, PUMP CANS AND ENCASEMENT, EXCAVATION

AND BACKFILL FURNISHED, INSTALLED, COMPLETE

AND ACCEPTED IN PLACE. 1 LS

A2.5 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF PUMPS, VALVES, FITTINGS AND ABOVE-GROUND

PIPING, COMPLETE AND ACCEPTED IN PLACE. 1 LS

A2.6 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 12" DIA LINE "A" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE. 350 LF

00 41 16 - 6

Item Description Quantity Unit Unit Price Total Amount

A2 CIVIL & MECHANICAL IMPROVEMENTS

A2.7 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 18" DIA LINE "B" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE. 78 LF

A2.8 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 12" DIA LINE "C" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE 67 LF

A2.9 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 12" DIA LINE "D" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE 37 LF

A2.10 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 12" DIA LINE "E" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE 145 LF

A2.11 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 12" DIA LINE "F" INCLUDING EXCAVATION,

BEDDING PACKFILL, PIPE, FITTINGS AND VALVES,

CONNECTIONS TO OTHER PIPES AND STRUCTURES,

COMPLETE AND ACCEPTED IN PLACE 145 LF

A2.12 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF 650,000-GALLON PRESTRESSED CONCRETE

GROUND STORAGE TANK (GST), INCLUDING TANK,

DOME, FLOOR, EXCAVATION, STRUCTURAL BACKFILL,

COMPLETE AND ACCEPTED IN PLACE. 1 LS

A2.13 ALL WORK FOR THE FURNISHING AND INSTALLATION

OF GROUND STORAGE TANK APPURTENCANCES,

INCLUDING MANWAYS, LADDERS, HATCHES, INLET,

OUTLET AND OVERFLOW PIPING, GUARDRAILS, LIFE

SAFETY SYSTEM, WALL PIPES AND OTHER

APPURTENANCES AS SHOWN ON THE PLANS,

COMPLETE AND ACCEPTED IN PLACE 1 LS

A3 ELECTRICAL IMPROVEMENTS

A3.1 DEMOLITION OF ABOVEGROUND AND

UNDERGROUND CONDUIT, WIRE, CONTROL WIRES,

JUNCTION BOXES, COMPLETE AS SHOWN ON THE

PLANS . 1 LS

00 41 16 - 7

Item Description Quantity Unit Unit Price Total Amount

A3 ELECTRICAL IMPROVEMENTS

A3.2 DEMOLITION OF EXISTING ELECTRICAL EQUIPMENT,

ELECTRICAL BUILDINGS, UTILITY POLE AND

TELEPHONE LINES AS SHOWN. 1 LS

A3.3 CONCRETE WORK FOR THE ELECTRICAL AND

TRANSFORMER PADS, EXCAVATION AND BACKFILL

FURNISHED, INSTALLED, COMPLETE AND ACCEPTED

IN PLACE. 1 LS

A3.4 ALL WORK FOR FURNISHING AND INSTALLATION OF

600 AMP DISCONNECT, AUTOMATIC TRANSFER

SWITCH, FEEDER, PUMP SOFT STARTERS, INCLUDING

ELECTRIC SUPPORTS, CONDUIT WIRE AND

APPURTENANCES AS NEEDED, COMPLETE AND IN

PLACE. 1 LS

A3.5 ALL WORK FOR FURNISHING AND INSTALLATION OF

HIGH VOLTAGE AND LOW VOLTAGE PANELS, SURGE

PROTECTION DEVICE, POWER QUALITY METER

INCLUDING ELECTRIC SUPPORTS, CONDUIT WIRE

AND APPURTENANCES AS NEEDED, COMPLETE AND

IN PLACE. 1 LS

A3.6 INSTALL BURIED ELECTRICAL CONDUITS WITH

POWER AND CONTROL WIRE AND CONNECT TO

ELECTRICAL EQUIPMENT AND INSTRUMENTS

FURNISHED, INSTALLED, OPERATING, COMPLETE

AND ACCEPTED IN PLACE. 1 LS

A3.7 ALLOWANCE FOR SCADA CONNECTIONS AND

PROGRAMMING PER APPENDIX. 1 LS

A3.8 PROVIDE AND ADHERE TO ASBESTOS ABATEMENT

PLAN, INCLUDING PROPER DISPOSAL OF ANY

DISTURBED EXISTING ASBESTOS PIPING, INCLUDING

ALL APPURTENANT WORK, COMPLETE AS SPECIFIED

AND INDICATED ON THE PLANS. 1 LS

TOTAL BASE BID ITEM A: LOIS STREET STORAGE TANK AND PUMP STATION IMPROVEMENTS

00 41 16 - 8

BID ITEM B: LOIS STREET STORAGE TANK AND PUMP STATION IMPROVEMENTS – ALTERNATE

BID ITEMS

Item Description Quantity Unit Unit Price Total Amount

B.1 ADDITIONAL COST TO FURNISH AND INSTALL A 1

MILLION-GALLON PRESTRESSED CONCRETE GST IN

LIEU OF THE 650,000 GALLON GST INDICATED IN BID

ITEM A2.12 , INCLUDING ALL APPURTENANT WORK

AND MODIFICATIONS TO THE SITE IMPROVEMENTS

TO ACCOMMODATE THE LARGER TANK, COMPLETE

AND ACCEPTED IN PLACE. (This should be the increase in cost to provide the larger tank. Do not provide the total cost for a 1 MG tank. Bids will be evaluated for the total combined cost of Bid items

A2.12 + B.1) 1 LS

B.2 ADDITIONAL COST TO FURNISH EXTERIOR STAIRWAY,

PLATFORMS AND ALL APPURTENANT WORK ON

GROUND STORAGE TANK, REGARDLESS OF VOLUME

AWARDED, PER SHEET MA-6 IN LIEU OF EXTERIOR

VERTICAL SHELL LADDER. (This should be the increase in cost to provide the stairway, etc. Bids will be evaluated for the total combined cost of Bid items

A + B.2) 1 LS

Bid Bond 00 43 13 - 1

00 43 13 BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Owner Physical address (principal place of business):

Name: City of Kerrville

Mailing address (principal place of business):

800 Main Street

Kerrville, TX 78028 Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporation:

Project name and number: By submitting this bond, Surety affirms it is authorized to do business and licensed to execute bonds in the state where the Project is located.

Lois Street Ground Storage Tank and Pump

Station Local Agent for Surety

Bid/Proposal Due Date: Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5% of Contract Price offered

Date of Bond: Telephone (Main):

Bid Bond 00 43 13 - 2

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly executed on its behalf by its authorized officer, agent, or representative. Surety and Offeror bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if Owner accepts the Offeror’s Bid or

Proposal and Offeror delivers…