Prepared For:

City of DeSoto

September 2026

SPECIFICATIONS AND

CONTRACT DOCUMENT

For the Construction of

DeSoto Westmoreland PS Recoating Two 5 MG Ground Storage Tanks

DESOTO, TEXAS

Volume 1 of 2 General Requirements and Technical Specifications

Divisions 00 – 33

Garver Project No. 22W0570 DeSoto Project 2024-001

CERTIFICATIONS

Project No. 22W05070 1 Section 00 00 01 Westmoreland PS Recoating Two 5 MG GSTs Certifications

WESTMORELAND PS RECOATING TWO 5 MG GROUND STORAGE TANKS

GARVER PROJECT NO. 22W05070

I hereby certify that the applicable portions of this project’s specifications, details, and plans were prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Texas.

SEAL AND SIGNATURE

APPLICABLE DIVISION OR

PROJECT RESPONSIBILITY

Markay Brown, P.E.

Division 00 Division 01 Division 02 Division 07 Division 09 Division 26 Division 33

Saahil Khan, P.E.

Division 05 Division 06

GARVER, LLC CERTIFICATE OF AUTHORIZATION:

TX ENGINEERING REGISTRATION NO. F-5713

Expiration Date: 01/31/27

MBrown

MBrown Date Time

SKhan TX Stamp_ALL BLACK

Project No. 22W05070 TOC-1 Section 00 00 10

Westmoreland PS Recoating Two 5 MG GSTs Table of Contents

CITY OF DESOTO

WESTMORELAND PS RECOATING TWO 5 MG GSTS

TABLE OF CONTENTS

VOLUME 1 OF 2

BIDDING AND CONTRACT DOCUMENTS, GENERAL REQUIREMENTS,

AND TECHNICAL SPECIFICATIONS

00 00 01 CERTIFICATIONS

DIVISION 00 – BIDDING & CONTRACTING REQUIREMENTS

PART 1 – BIDDING REQUIREMENTS

00 11 00 ADVERTISEMENT FOR BIDS

00 21 00 INSTRUCTIONS TO BIDDERS C-200

00 22 13 BIDDER’S CHECKLIST OF REQUIRED ITEMS

00 41 00 BID FORM C-410

00 41 16 LIST OF MANUFACTURERS

00 41 19 LIST OF PROPOSED SUBCONTRACTORS

00 43 13 BID BOND C-430

00 45 13 QUALIFICATION STATEMENT C-451

PART 2 – CONTRACT DOCUMENTS

00 51 00 NOTICE OF AWARD C-510

00 52 00 AGREEMENT STIPULATED PRICE C-520

00 55 00 NOTICE TO PROCEED C-550

00 61 13 PERFORMANCE BOND C-610

00 61 16 PAYMENT BOND C-615

00 61 19 MAINTENANCE BOND

00 65 16 CERTIFICATES OF SUBSTANTIAL COMPLETION C-625

PART 3 – CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS C-700

00 73 00 SUPPLEMENTARY CONDITIONS C-800

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 14 00 WORK RESTRICTIONS

01 20 00 PRICE AND PAYMENT PROCEDURES

01 25 00 SUBSTITUTION PROCEDURES

01 26 00 CONTRACT MODIFICATION PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 16 CONSTRUCTION PROGRESS SCHEDULE

01 32 33 PHOTOGRAPHIC DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 40 00 QUALITY REQUIREMENTS

01 45 24 SPECIAL TESTS AND INSPECTIONS

01 60 00 PRODUCT REQUIREMENTS

01 70 00 EXECUTION REQUIREMENTS

01 75 00 STARTUP TESTING AND TRAINING

01 75 00.1 SUPPLEMENT 1 – MANUFACTURERS CERTIFICATE OF PROPER INSTALLATION

Project No. 22W05070 TOC-2 Section 00 00 10

Westmoreland PS Recoating Two 5 MG GSTs Table of Contents

01 77 00 CLOSEOUT PROCEDURES

01 78 36 WARRANTIES AND BONDS

TECHNICAL SPECIFICATIONS

DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 05 – METALS

05 05 23 WELDING

05 12 00 STRUCTURAL STEEL

05 50 00 METAL FABRICATIONS

DIVISION 06 – WOOD AND PLASTICS

06 61 05 PULTRUDED FIBERGLASS LADDER AND LADDER CAGES

DIVISION 07 – THERMAL & MOISTURE PROTECTION

07 92 00 JOINT SEALANTS

DIVISION 09 – FINISHES

09 90 00 PAINTING AND PROTECTIVE COATINGS

09 97 13.24 STEEL WATER STORAGE TANK PAINTING

DIVISION 26 – ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

DIVISION 33 – UTILITIES

33 13 00 DISINFECTION OF WATER SYSTEMS

VOLUME 2 OF 2

DRAWINGS

PART 1

BIDDING REQUIREMENTS

Project No. 22W05070 1 Section 00 11 00 Westmoreland PS Recoating Two 5 MG GSTs Advertisement for Bids

CITY OF DESOTO, TEXAS

WESTMORELAND PS RECOATING TWO 5 MG GROUND STORAGE TANKS

ADVERTISEMENT FOR BIDS

Sealed bids for WESTMORELAND PS RECOATING TWO 5 MG GROUND STORAGE TANKS, to be constructed for CITY OF DESOTO will be received at 211 E Pleasant Run, Council Conference Room, DeSoto, TX, 75115 until 2 PM on Thursday, October 29, 2026, at which time the bids shall be publicly opened and read aloud.

A Non-Mandatory Pre-Bid Conference will be held on Thursday, October 8 @ 10 AM, at 211 E. Pleasant Run, Council Conference Room, DeSoto, TX 75115.

The Project consists of rehabilitation and recoating of two steel tanks to the Westmoreland Pump Station while keeping one tank operational. Bids will be received for a single prime contract. Bids shall be on a lump sum with unit price basis as indicated in the Bid Form.

Complete Contract Documents as needed for bidding on the Project may be downloaded at no charge from the website: www.civcastusa.com.

DIRECT ALL QUESTIONS REGARDING DISTRIBUTION OR DESIGN of Contract Documents for this project to Markay Brown, 214-451-2983, MBrown@GarverUSA.com or through CIVCAST. Questions sent by e-mail or through CivCast will be prioritized over those received by other means. Only responses issued via Addenda are binding. Questions received by Thursday, October 22, 2026 via CIVCAST shall be answered by Monday, October 26, 2026.

Addendums to the bid package will be issued through CIVCAST; therefore, all prime bidders shall be responsible for downloading the bid documents from CIVCAST in order to be included in the Plan Holders List. Bidders must enter the addenda numbers in Article 3.01 of the Bid Form to verify receipt.

Bidders are required to complete Document 00 45 13, Qualification Statement, included in these bid documents. Bids shall be accompanied by a cashier’s or certified check upon a national or state bank in an amount of five percent (5%) of the total maximum bid price payable without recourse to the Owner, or a bid bond in the same amount from a reliable surety company, as a guarantee that the Bidder will enter into a contract and execute performance and payment bonds within fifteen (15) days after notice of award of Contract to him. Such bid guarantee shall be made payable to CITY OF DESOTO

The successful bidder must furnish a performance, payment, and maintenance bond upon the form provided in the amount of one hundred per cent (100%) of the contract price from an approved surety company holding a permit from the State of Texas to act as surety, or other surety or sureties acceptable to the Owner.

Bids must remain in effect for 60 days after the bid opening date. Within 60 days from the bid date, the Owner may award the contract to the lowest responsive, responsible bidder or reject any or all bids for the project.

The CITY OF DESOTO reserves the right to reject any or all bids, to waive irregularities in the bids and bidding deemed to be in the best interests of the CITY OF DESOTO, and to reject nonconforming, nonresponsive, or conditional bids.

Owner: CITY OF DESOTO By: Brandon Lacy Title: Director of Public Utilities Date: September 29, 2026

END OF ADVERTISEMENT FOR BIDS

Project No. 22W05070 2 Section 00 11 00 Westmoreland PS Recoating Two 5 MG GSTs Advertisement for Bids

The CITY OF DESOTO reserves the right to reject any or all bids, to waive irregularities in the bids and bidding deemed to be in the best interests of the CITY OF DESOTO, and to reject nonconforming, nonresponsive, or conditional bids.

Owner: CITY OF DESOTO By: Brandon Lacy Title: Director of Public Utilities Date: August 15, 2024

END OF ADVERTISEMENT FOR BIDS

Project No. 22W05070 1 Section 00 21 00 Westmoreland PS Recoating Two 5 MG GSTs Instructions to Bidders

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Retainage

ARTICLE 24 – Contracts to be Assigned

Project No. 22W05070 2 Section 00 21 00

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder – Any individual, partnership, corporation, joint venture, or other combination thereof submits a Bid to Owner for the Work contemplated, acting directly or through an authorized representative. As used in the Contract Documents, masculine pronouns refer to both masculine and feminine genders.

B. Successful Bidder – The lowest responsible, Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

C. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence establishing its qualifications such as financial data, previous experience, and present commitments, as detailed in Section 00 45 13 Qualifications Statement, which must be completed in ink and returned for evaluation with the Bid, along with any Owner required documentation.

3.02 The criteria which will be used to determine the lowest responsive and responsible Bidder are as follows:

A. Responsive Bidder: Means a Bidder who has submitted a Bid which conforms in all material respects to the Bidding Documents.

B. Responsible Bidder: Means a Bidder who has the capacity and capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance. Among factors to be considered in determining whether the Bidder meets these standards, are:

1. Financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements;

2. A record of integrity;

3. A record of Successful Completion defined as: completion of a project within a reasonable time and budget;

4. Qualified legally to contract with the Owner, and;

5. Has not failed to supply any necessary information in connection with the inquiry concerning responsibility.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

Project No. 22W05070 3 Section 00 21 00

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.05 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.06 Bidder is advised of minimum contractor Project Manager experience for this project as follows:

A. Project Manager must have a minimum of 10 years industry experience doing similar work.

B. A minimum of three (3) years of project management experience required for the Project Manager on this project.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make pdf digital copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the

Project No. 22W05070 4 Section 00 21 00

Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct Site visit(s) by appointment, during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

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

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

4.04 Owner’s Safety Program

A. Site visits and work at the Site will be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted.

On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

Project No. 22W05070 5 Section 00 21 00

E. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and

J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-Bid conference will be held at the date and time identified in the Advertisement for Bids and Addenda as appropriate. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are NOT required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing via CivCastUSA.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seventy two (72) hours prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. The final addenda shall be issued at a minimum of forty-eight (48) hours prior to the opening of bids’ date and time.

7.03 In the event of a conflict between the plans and specifications, the specifications shall govern.

Project No. 22W05070 6 Section 00 21 00

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a cashier’s or certified check, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 The apparent Successful Bidder, and any other Bidder so requested, shall within 30 minutes after Bid opening, submit Section 00 41 19, List of Proposed Subcontractors and Section 00 41 16, List of Manufacturers, for prior approval of the Owner.

If requested by Owner, before executing any subcontract, and within three (3) days after bid opening, the apparent Successful Bidder, and any other Bidder so requested, shall submit an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Project No. 22W05070 7 Section 00 21 00

Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.03 The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed either in ink or type and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

C. A conditional bid will not be considered.

13.02 A Bid by a corporation or partnership shall be executed in the corporate or partnership name by an officer (whose title must appear under the signature), accompanied by evidence of authority to sign.

The corporate or partnership address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

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

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

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Base Bid

Project No. 22W05070 8 Section 00 21 00

A. Bidders shall submit a Bid on a lump sum basis for the Base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount deleted from the base Bid if Owner selects the alternate. The lowest responsive Bid shall be a responsible Bid based upon the total of the Base Bid and any combination of deductive alternatives as selected by the Owner.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

C. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 13.02 of the General Conditions.

D. Discrepancies between words and figures will be resolved in favor of the figures.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. [Discrepancies between words and figures will be resolved in favor of the figures.]

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title and number(s) (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” The Bidders name and return address shall be plainly marked on the package. Mailed Bid shall be addressed to 211 East Pleasant Run Road, DeSoto, TX 75115.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and

Project No. 22W05070 9 Section 00 21 00 time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid with Deductive Alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to not be exceeded.

After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its deductive alternate Bids for which Owner determines funds will be available at the time of award.

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

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

Project No. 22W05070 10 Section 00 21 00

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

19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

19.08 Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the Owner may award schedules individually or in combination. In the case of two or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, payment, and maintenance bonds and insurance.

When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within 10 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 The project Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – CONTRACTS TO BE ASSIGNED

24.01 Not Used

This document is a MODIFIED version of EJCDC® C-200, Instructions to Bidders. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers and is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to copyright.

END OF INSTRUCTIONS TO BIDDERS

Project No. 22W05070 1 Section 00 22 13 Westmoreland PS Recoating Two 5 MG GSTs Bidder’s Checklist of Required Items

BIDDER’S CHECKLIST OF REQUIRED ITEMS

This Bidder’s Checklist is provided to ensure all required forms are completed and returned as part of the bid submission. All forms must be included as indicated for a bid to be considered a complete, responsive bid. Appropriate signatures and date are required on each document. If an item is missing, the bid may be declared unresponsive and therefore rejected. This sheet will serve as the cover sheet for the bid submission.

Completed* Spec. Section

Attended Pre-Bid (non-Mandatory) ☐ 00 11 00 Acknowledgement of All Addenda ☐ Bid contains:

1. Bid Form/Proposal ☐ 00 41 00

2. List of Manufacturers (Or, within 30 minutes) ☐ 00 41 16

3. List of Proposed Subcontractors ☐ 00 41 19

4. Bid Bond ☐ 00 43 13

5. Qualifications Statement w/ Tank Coating Certifications ☐ 00 45 13

*Check when filled out, signed, and included with submission of bid packet.

Within three (3) days after Bid Opening:

Bidder acknowledges to provide within three (3) days after Bid Opening (Low Bidder Only):

1. Bidder’s Qualifications of Subcontractor (if requested)

Within fifteen (15) days after Notice of Award:

Bidder acknowledges that within fifteen (15) days after Notice of Award, Successful Contractor is required to complete the following before execution and award of the contract:

1. Section 00 52 00 – Agreement (all pages and supporting documents)

2. Section 00 61 13 – Performance Bond

3. Section 00 61 16 – Payment Bond

4. Section 00 61 19 – Maintenance Bond 5.. Completed Certificates of Insurance

Prior to Construction:

Awarded Contractor required to submit Construction Schedule before construction begins.

Seal (if incorporated) Bidder Name:

Address:

City, State, Zip Code:

Contractor Number:

Contact Name:

Title:

Contact Number:

Contact Email:

Signature of Authorized Agent for Bidder:

Date:

Project No. 22W05070 2 Section 00 22 13 Westmoreland PS Recoating Two 5 MG GSTs Bidder’s Checklist of Required Items

Project No. 22W05070 1 Section 00 41 00 Westmoreland PS Recoating Two 5 MG GSTs Bid Form

BID FORM

TABLE OF CONTENTS

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

Project No. 22W05070 2 Section 00 41 00

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of DeSoto 211 East Pleasant Run Road DeSoto, Texas 75115

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 In submitting this Bid, Bidder acknowledges and accepts Contractor’s representations as more fully set forth in the Agreement Form.

2.03 In submitting this Bid, Bidder certifies Bidder is qualified to do business in the State of Texas as required by laws, rules and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and

Project No. 22W05070 3 Section 00 41 00 drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. 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 Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

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

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Contingency Allowances: Bidder agrees that the following contingency efforts, products (materials and equipment) as further described in Sections 01 29 00, PAYMENT PROCEDURES, and 01 50 00, TEMPORARY FACILITIES AND CONTROLS, will be furnished and paid for on a cash allowance basis and that the amount shown is an estimated amount to be included in the Total

Project No. 22W05070 4 Section 00 41 00

Base Bid. Bidder further acknowledges that final payment will be based on actual costs as determined in conformance with the Bidding Documents and as authorized by Change Order.

Bidder agrees that the following contingency allowances are for the sole use of the Owner to cover unanticipated costs and have been computed in accordance with Paragraph 13.02 of the General Conditions.

ITEM DESCRIPTION CONTINGENCY

ALLOWANCE

1 Work Change Directives $ 50,000.00

2 Independent Testing Allowance $ 30,000.00

Lump Sum for Contingency Allowances $ 80,000.00

5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract…