1-RFP 7132-26-ELD - LPL Demolition Services for Brandon Generating Station.pdf

LUBBOCK POWER & LIGHT

“YOUR HOME-OWNED ADVANTAGE”

SPECIFICATIONS FOR

LP&L Demolition Services for Brandon Generating Station

RFP# 7132-26-ELD

CONTRACT# 713226

Plans & Specifications may be viewed on the Lubbock Power & Light

Bonfire portal

Page Intentionally Left Blank

Communications and Anti-Lobbying Provision during the Proposal Process

ALL CORRESPONDENCE CONCERNING THIS RFP SHALL ONLY

OCCUR THROUGH THE ESTABLISHED PROCESS BY SUBMITTING

THROUGH THE VENDOR DISCUSSION TAB ON THE BONFIRE

PORTAL. VIOLATIONS ARE A CAUSE FOR IMMEDIATE DISMISSAL

FROM FURTHER CONSIDERATION IN THIS PROCESS.

DURING THE PERIOD BETWEEN THE PROPOSAL RELEASE DATE

AND THE CONTRACT AWARD, OFFERORS, INCLUDING THEIR

AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS

OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LP&L

ELECTRIC UTILITY BOARD, LP&L CONSULTANT OR LP&L/CITY

STAFF EXCEPT IN THE COURSE OF LP&L-SPONSORED INQUIRIES,

BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED

BY LP&L.

THIS PROVISION IS INTENDED TO HELD MAINTAIN A LEVEL

PLAYING FIELD FOR ALL PARTICIPANTS, TO HELD CONFIRM THAT

RESOURCE DECISIONS ARE MADE ACCORDING TO THE

ESTABLISHED PROCESSES, AND TO OTHERWISE PROTECT THE

INTEGRITY OF THE RFP PROCESS. VIOLATION OF THIS PROVISION

IS CAUSE FOR IMMEDIATE DISMISSAL OF A PARTICIPANT.

Lubbock Power & Light Purchasing and Contract Management

Contractor Checklist for

RFP 7132-26-ELD

Before submitting your proposal, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one signed original to the Lubbock Power & Light Bonfire portal.

1. Carefully read and understand the plans and specifications and properly complete the PROPOSAL

SUBMITTAL FORM. Proposal submittal form MUST be completed in blue or black ink, by typewriter or computer. Signatures must be original, in blue or black ink, and by hand. The Offeror binds himself on acceptance of his Proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Proposal item, the Unit Price will be taken.” Include corporate seal and Secretary’s signature. Identify addenda received (if any). Include firm’s FEDERAL TAX ID number or Owner’s SOCIAL SECURITY number.

2. ____ Include PROPOSAL BOND or CASHIER’S OR CERTIFIED CHECK as your Proposal surety.

Failure to provide a Proposal surety WILL result in automatic rejection of your proposal.

3. ____ Complete and sign the LP&L INSURANCE REQUIREMENT AFFIDAVIT.

This must include the signature of the agent or broker. Contractor’s signature must be original.

4. _____ Clearly mark the Proposal number, title, due date and time and your company name and address on the outside of the envelope or container including your CASHIER’S OR CERTIFIED CHECK.

5. ____ Ensure your Proposal and signed, sealed BOND is SUBMITTED to the LP&L Bonfire portal prior to the deadline. Late Proposals will not be accepted.

6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All “YES” responses must be explained in detail and submitted with Proposal.

7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm’s

FEDERAL TAX ID number or Owner’s SOCIAL SECURITY number.

8. Complete and submit the PROPOSED LIST OF SUB-CONTRACTORS.

9. Complete the CONTRACTOR’S STATEMENT OF QUALIFICATIONS.

10. ____ Complete House Bill 89 verification House Bill 1295 disclosure and Bulk Power Disclosure Form.

FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING

DEEMED NON-RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE

INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL

SUBMITTAL.

(Type or Print Company Name)

INDEX

1. NOTICE TO OFFERORS

2. GENERAL INSTRUCTIONS TO OFFERORS

3. PROPOSAL SUBMITTAL FORM – (must be submitted by published due date & time)

3-1. LUMP SUM PROPOSAL SUBMITTAL FORM

3-2. CONTRACTOR’S STATEMENT OF QUALIFICATIONS

3-3. LP&L INSURANCE REQUIREMENT AFFIDAVIT

3-4. SAFETY RECORD QUESTIONNAIRE

3-5. SUSPENSION AND DEBARMENT CERTIFICATION

3-6. PROPOSED LIST OF SUB-CONTRACTORS

4. POST-CLOSING DOCUMENT REQUIREMENTS – (selected offeror will submit the following)

4-1. FINAL LIST OF SUB-CONTRACTORS

5. PAYMENT BOND

6. PERFORMANCE BOND

7. CERTIFICATE OF INSURANCE

8. CONTRACT

9. GENERAL CONDITIONS OF THE AGREEMENT

10. DAVIS-BACON WAGE DETERMINATIONS

11. SPECIAL CONDITIONS (IF APPLICABLE)

12. SPECIFICATIONS

NOTICE TO OFFERORS

NOTICE TO OFFERORS

RFP #7132-26-ELD

Sealed proposals addressed to Felix Orta, Buyer II, Lubbock Power & Light, will be submitted to the Lubbock Power & Light Bonfire portal, until 2:00 p.m. on the 7th day of July, 2026, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction/refurbishment of the following described project:

“RFP# 7132-26-ELD, LP&L Demolition Services for Brandon Generating Station” After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the Offeror to ensure that his proposal is actually submitted to the Lubbock Power & Light Bonfire portal, before the expiration of the date above first written.

It shall be each Offeror’s sole responsibility to inspect the site of the work and to inform Offeror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non-mandatory Microsoft teams pre-proposal conference on June 24, 2026 at 10:00 A.M. CST.

LP&L will also have an optional site visit on June 24, 2026 at 3:00 P.M. CST for Offerors and/or their agents to familiarize themselves with the site. Hard hat, safety boots and safety glasses (Z87) required. It is the Offeror’s responsibility to familiarize themselves with the site.

Offerors are to email Felix Orta at Forta@lpandl.com by June 23, 2026 at 5 P.M. CST, to confirm attendance and to receive the meeting invite. Please note your company will not receive the meeting invite if not requested by this time.

Award to be made on an all or none basis and will not be awarded to separate offerors.

Expected award date is August 18, 2026. Engineer’s Estimated Cost: $200,000.00

The successful Offeror will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful Offeror will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of “A” or better.

Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the Lubbock Power & Light, or a proposal bond from a reliable surety company, payable without recourse to the order of Lubbock Power & Light in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that Offeror will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him.

FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL

SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN

DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.

IF SUBMITTING A CASHIER’S or CERTIFIED CHECK PLEASE DELIVER TO THE LUBBOCK POWER & LIGHT PURCHASING OFFICE AT 1314 Avenue K Lubbock, TX 79401

BEFORE THE PROPOSAL CLOSE DATE AND TIME. FAILURE TO DO SO WILL RESULT IN THE

DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.

IF PROVIDING A 5% PROPOSAL SURETY BOND, THE BOND MUST HAVE AN ORIGINAL

SEAL OR STAMP. THE BOND MUST BE ACCOMPANIED BY A VALID POWER OF

ATTORNEY. FAILURE TO PROVIDE THE ORIGINAL PROPOSAL BOND AS DESCRIBED

HEREIN, OR THE VALID POWER OF ATTORNEY WITH THE PROPOSAL SUBMITTAL SHALL

CONSTITUTE A NON-RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE

PROPOSAL SUBMITTAL. A COPY SHOULD BE SUBMITTED TO THE LUBBOCK POWER &

LIGHT BONFIRE PORTAL WITH THE PROPOSAL.

For pages 83 through 103, changes or alterations to the general conditions of the agreement will not be accepted. Any changes made for pages 83 through 103 will result in the response being deemed non-responsive.

Attention of each Offeror is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager Electric Utilities of Lubbock Power & Light, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.

Lubbock Power & Light hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.

Lubbock Power & Light does not discriminate against persons with disabilities. Lubbock Power & Light pre-proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Lubbock Power & Light Purchasing Department at (806) 775-2170 at least 48 hours in advance of the meeting.

Offerors may view and download the plans, specifications and drawings without charge on the Lubbock Power & Light Bonfire portal at https://lpandl.bonfirehub.com/portal/?tab=openOpportunities .

In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project. Governmental entity shall follow the procedures prescribed by section

2269.151 of the Texas Government Code.

Communications and Anti-Lobbying Provision during the Proposal Process

ALL CORRESPONDENCE CONCERNING THIS QUOTE REQUEST SHALL ONLY OCCUR THROUGH

THE ESTABLISHED PROCESS BY SUBMITING THROUGH THE VENDOR DISCUSSION TAB ON THE

BONFIRE PORTAL. VIOLATIONS ARE A CAUSE FOR IMMEDIATE DISMISSAL FROM FURTHER

CONSIDERATION IN THIS PROCESS.

DURING THE PERIOD BETWEEN THE PROPOSAL RELEASE DATE AND THE CONTRACT AWARD,

OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR

PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LP&L ELECTRIC UTILITY BOARD, LP&L

CONSULTANT OR LP&L/CITY STAFF EXCEPT IN THE COURSE OF LP&L-SPONSORED INQUIRIES,

BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY LP&L.

THIS PROVISION IS INTENDED TO HELD MAINTAIN A LEVEL PLAYING FIELD FOR ALL

PARTICIPANTS, TO HELD CONFIRM THAT RESOURCE DECISIONS ARE MADE ACCORDING TO THE

ESTABLISHED PROCESSES, AND TO OTHERWISE PROTECT THE INTEGRITY OF THE RFP PROCESS.

VIOLATION OF THIS PROVISION IS CAUSE FOR IMMEDIATE DISMISSAL OF A PARTICIPANT.

FELIX ORTA

PURCHASING MANAGER ELECTRIC UTILITIES

GENERAL INSTRUCTIONS TO OFFERORS

GENERAL INSTRUCTIONS TO OFFERORS

1 PROPOSAL DELIVERY, TIME & DATE

Lubbock Power & Light is seeking written and sealed competitive proposals for LP&L Demolition Services for Brandon Generating Station per the attached specifications and contract documents. Sealed proposals will be submitted no later than 2:00 P.M. CST, July 7, 2026, to the Lubbock Power & Light Bonfire portal. Any proposal received after the date and hour specified will be rejected and returned unopened to the Offeror. EACH PROPOSAL AND SUPPORTING DOCUMENTATION MUST BE SUBMITTED TO THE LUBBOCK POWER & LIGHT BONFIRE PORTAL. Proposals must be submitted to:

https://lpandl.bonfirehub.com/portal

1.1 Offerors are responsible for making certain proposals are submitted to the Bonfire portal. Lubbock Power & Light assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.2 Proposals will be accepted through the Lubbock Power & Light Bonfire portal. No proposals will be accepted by oral communication, telephone, mail, telegraphic transmission, or telefacsimile transmission. LP&L WILL ALSO NOT ACCEPT COPIES OF YOUR PROPOSAL BY

EMAIL OR FAX PROPOSALS.

1.3 Lubbock Power & Light reserves the right to postpone the date and time for opening proposals through an addendum.

2 PRE-PROPOSAL MEETING AND SITE VISIT

2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-mandatory Pre-Proposal meeting and site visit will be held as stated under the “NOTICE TO OFFERORS,” All persons attending the meeting will be asked to identify themselves and the prospective Offeror they represent.

2.2 It is the Offeror’s responsibility to attend the pre-proposal meeting though the meeting and site visit is not mandatory. LP&L will not be responsible for providing information discussed at the pre-proposal meeting to offerors who do not attend the pre-proposal meeting.

3 ADDENDA & MODIFICATIONS

3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet on the LUBBOCK POWER & LIGHT BONFIRE PORTAL. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

3.2 Any Offeror in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the Offeror, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager will be available to all Offerors and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by Lubbock Power & Light no later than five (5) days before the proposal closing date.

3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. Lubbock Power & Light shall not be legally bound by any amendment or interpretation that is not in writing.

Only information supplied by the LP&L Purchasing Manager in writing or in this RFP should be used in preparing proposal responses. All contacts that a Offeror may have had before or after receipt of this RFP with any individuals, employees, or representatives of LP&L and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses.

3.4 LP&L does not assume responsibility for the receipt of any addendum sent to offerors.

4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS

4.1 Each Offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications.

4.2 Before submitting a proposal, each Offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the Offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals.

4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the LP&L Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the Offeror fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Offeror does not notify the Purchasing Manager before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals.

5 PROPOSAL PREPARATION COSTS

5.1 Issuance of this RFP does not commit Lubbock Power & Light, in any way, to pay any costs incurred in the preparation and submission of a proposal.

5.2 The issuance of this RFP does not obligate Lubbock Power & Light to enter into contract for any services or equipment.

5.3 All costs related to the preparation and submission of a proposal shall be paid by the Offeror.

6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION

ACT

6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

6.2 Lubbock Power & Light will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act.

6.4 The requirements of Subchapter J, Chapter 552, Government Code, may apply to this proposal and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

7 LICENSES, PERMITS, TAXES

The price or prices for the work shall include full compensation for all taxes, permits, etc. that the Offeror is or may be required to pay.

8 UTILIZATION OF LOCAL BUSINESS RESOURCES

Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources.

9 CONFLICT OF INTEREST

9.1 The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Lubbock Power & Light.

9.2 By signing and executing this proposal, the Offeror certifies and represents to LP&L the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal.

10 CONTRACT DOCUMENTS

10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions.

10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the refurbishment of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.

11 PLANS FOR USE BY OFFERORS

It is the intent of Lubbock Power & Light that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors.

12 OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS

12.1 It is the intent and purpose of Lubbock Power & Light that this request permits competitive proposals. It shall be the offerors responsibility to advise the LP&L Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the LP&L Purchasing Manager no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made.

12.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL

REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN

WRITING THROUGH THE VENDOR DISCUSSION TAB OF THE BONFIRE PORTAL

NO LATER THAN June 30, 2026 BY 5:00 PM CST.

13 TIME AND ORDER FOR COMPLETION

13.1 The construction/replacement covered by the contract documents shall be substantially completed within 45 Calendar Days from the date specified in the Notice to Proceed issued by LP&L to the successful Offeror.

13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, LP&L reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event LP&L requires a progress schedule to be submitted, and it is determined by LP&L that the progress of the work is not in accordance with the progress schedule so submitted, LP&L may direct the Contractor to take such action as LP&L deems necessary to ensure completion of the project within the time specified.

14 PAYMENT

All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents.

15 AFFIDAVITS OF BILLS PAID

Lubbock Power & Light reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction/refurbishment of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified.

16 MATERIALS AND WORKMANSHIP

The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of LP&L on the site will not relieve the Contractor of full responsibility of complying with this provision.

The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project.

17 GUARANTEES

17.1 All equipment and materials incorporated in the project and all construction/replacement shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (Lubbock Power & Light).

17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault-free performance and fault-free result in the processing date and date-related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. Lubbock Power & Light, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein.

17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-contractor or any third party involved in the creation or development of the products and services to be delivered to Lubbock Power & Light under this Contract. Failure to comply with any of the obligations contained herein, may result in Lubbock Power & Light availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default.

17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor’s liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference.

18 PLANS FOR THE CONTRACTOR

The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction/refurbishment. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor.

19 PROTECTION OF THE WORK

The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction/refurbishment, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date LP&L issues its certificate of completion to Contractor. LP&L reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a Offeror the following information:

(a) The experience record of the Offeror showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed.

(b) A sworn statement of the current financial condition of the Offeror.

(c) Equipment schedule.

20 TEXAS STATE SALES TAX

20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.

20.2 The Contractor must obtain a limited sales, excise, and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase.

21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES

It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction/refurbishment of the project contemplated by these contract documents. Lubbock Power & Light agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of Lubbock Power & Light, at Contractor's expense.

22 BARRICADES AND SAFETY MEASURES

The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project.

23 EXPLOSIVES

23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the

Contractor from LP&L. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction/refurbishment activity.

23.2 Explosive materials shall not be stored or kept at the construction/refurbishment site by the Contractor.

23.3 In all cases where explosives are to be used during the construction/refurbishment of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury.

Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.

24 CONTRACTOR'S REPRESENTATIVE

The successful Offeror shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful Offeror shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress.

25 INSURANCE

25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to LP&L. Proof of coverage shall be furnished to LP&L and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified.

Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor.

A certificate of insurance specifying each and all coverages shall be submitted before contract execution.

26 LABOR AND WORKING HOURS

26.1 Attention of each Offeror is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The Offeror' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the Offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable.

Construction/refurbishment work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist:

26.1.1 The project being constructed is essential to LP&L’s ability to provide the necessary service to its citizens.

26.1.2 Delays in construction/refurbishment are due to factors outside the control of the

Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time.

26.2 Before construction/refurbishment work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction/refurbishment work requiring an inspector on weekends or holidays will be made by the Owner's Representative.

26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.

27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS

The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to Lubbock Power & Light on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents.

28 PROVISIONS CONCERNING ESCALATION CLAUSES

Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the Offeror without being considered.

29 PREPARATION FOR PROPOSAL

29.1 The Offeror shall submit his proposal on forms furnished by LP&L. All blank spaces in the form shall be correctly filled in and the Offeror shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern.

29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.

29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner:

29.3.1 Offeror's name

29.3.2 Proposal for (description of the project).

29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter.

29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE

MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.

30 BOUND COPY OF CONTRACT DOCUMENTS

Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include the following:

(a) Notice to Offerors.

(b) General Instructions to Offerors.

(c) Offeror's Submittal.

(d) Statutory Bond (if required).

(e) Contract Agreement.

(f) General Conditions.

(g) Special Conditions (if any).

(h) Specifications.

(i) Insurance Certificates for Contractor and all Sub-Contractors.

(j) All other documents made available to Offeror for his inspection in accordance with the Notice to

Offerors.

If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents.

31 QUALIFICATIONS OF OFFERORS

31.1 The Offeror may be required before the award of any contract to show to the complete satisfaction of Lubbock Power & Light that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Offeror may also be required to give a past history and references in order to satisfy Lubbock Power & Light about the Offeror’s qualifications. Lubbock Power & Light may make reasonable investigations deemed necessary and proper to determine the ability of the Offeror to perform the work, and the Offeror shall furnish to LP&L all information for this purpose that may be requested. The Offeror’s proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the Offeror fails to satisfy LP&L that the Offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Offeror’s qualifications shall include but not be limited to:

(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.

(b) The ability of the Offeror to perform the work or provide the service promptly or within the time specified, without delay or interference.

(c) The character, integrity, reputation, judgment, experience, and efficiency of the Offeror.

(d) The quality of performance of previous contracts or services.

(e) The safety record of the Contractor and proposed Sub-Contractors

Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with Lubbock Power & Light specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non-municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with LP&L specifications herein.

31.2 The requirements of Chapter 2274.0101, Texas Government Code, may apply to this proposal and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor fails to comply with a requirement of that subchapter.

32 BASIS OF PROPOSALS AND SELECTION CRITERIA

Lubbock Power and Light uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 50% for Price, 10% for Adherence to Specifications, General Conditions & Insurance Requirements, 15% Project/Construction Schedule, 15% for Contractor & Subcontractor Qualifications, and 10% for Safety Record. The selection criteria used to evaluate each proposal includes the following:

32.1 50% PRICE: This criterion is also more subjectively evaluated and the formula is as follows:

(Points X Weight = Score) with a maximum of fifty points allowable. The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction/refurbishment contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated.

32.2 10% ADHERENCE TO SPECIFICATION, GENERAL CONDITIONS AND INSURANCE

REQUIREMENTS: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of ten points allowable. Each evaluator assigns points based upon the responses the Offeror provides in the Proposal and any follow-up information obtained from referenced contact persons or organizations.

32.3 15% PROJECT’S SCHEDULE: This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of fifteen points allowable. Each evaluator assigns points based upon the responses the contractor provides in proposed number of calendar days for substantial completion. Contractor shall develop and supply to LP&L a schedule of work to be performed by contractor based on the detailed scope of work provided. This schedule shall be built using the critical path method of scheduling and preferably in an industry recognized software program such as but not limited to Oracle Primavera, Microsoft Project or equivalent program. The schedule detail should be adequate enough to show the path of construction over time with key interfaces so that Company is aware of when other resources outside of the

Contractors scope are required so as to not delay the overall goal of the project end date or the Contractors ability to efficiently execute their work.

The schedule shall be submitted for review with the RFP and approval per contract award by LP&L prior to work beginning. The final approval of the schedule will require mutual agreement between the Contractor and LP&L that the schedule had adequate information to demonstrate the logical path of construction and is aligned with LP&L’s provided resources and or procurements. The goal of this schedule is to ensure mutual success of LP&L and Contractors shared goals. The approved schedule will then be considered the baseline project schedule and be used to measure performance and as a basis of change management for both the Contractor and LP&L.

Estimated Start Date: 09/07/2026

Substantial Completion: 10/22/2026 Final Completion: 02/20/2026

32.4 15% CONTRACTOR AND SUBCONTRACTOR QUALIFICATIONS: When evaluating a contractor’s and subcontractor’s qualifications, LP&L uses the “Contractor’s Statement of Qualifications” attached within and past experience with the contractor. LP&L also evaluates current and past projects completed within the last 3 years. LP&L may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of fifteen points allowable. Each evaluator assigns points based upon the responses the contractor provides in the “Contractor’s Statement of Qualifications” And any past experience with the contractor.

The “Contractor’s Statement of Qualifications” is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal.

32.5 10% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of ten points allowable. Each evaluator assigns points based upon the responses you provide in your “Safety Record Questionnaire” and the Contractors Experience Modification Ratio. The Offeror shall submit this ratio in the Contractors Statement of Qualifications. Contractors with an Experience Modification Ratio greater than 1 will be scored as zero. LP&L may consider any incidents involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor’s control.

Evaluators will base their rating primarily upon the type of offense, date of the offense, location where the offense occurred, final disposition of the offense, the penalty assessed, as well as the Experience Modification Ratio.

32.8 EVALUATION PROCESS: Evaluators independently review and score each proposal. Next the committee meets during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores.

Proposals shall be made using the enclosed Proposal Submittal Form.

33 SELECTION

33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to Lubbock Power & Light considering the relative importance of evaluation factors included in this RFP.

33.2 NO INDIVIDUAL OR ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY

AND/OR FINANCIALLY COMMIT LP&L TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED

BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

33.3 LP&L shall select the offeror that offers the best value for the City of Lubbock based on the published selection criteria and on its ranking evaluation. LP&L shall first attempt to negotiate a contract with the selected offeror. LP&L and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If LP&L is unable to negotiate a contract with the selected offeror, LP&L shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

33.4 In determining best value for LP&L, LP&L is not restricted to considering price alone, but may consider any other factor stated in the selection criteria.

33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind."

34. ANTI-LOBBYING PROVISION

34.1 DURING THE PERIOD BETWEEN THE PROPOSAL RELEASE DATE AND THE

CONTRACT AWARD, OFFERORS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LP&L ELECTRIC UTILITY BOARD,

LP&…