26-0053_AC_Pipe_Replacement_Solms.pdf

NEW BRAUNFELS UTILITIES

REQUEST FOR PROPOSAL

for

RFP 26-0053

AC Pipe Replacement Solms (IH 35)

Date Issued: 8/25/26

PROPOSAL MUST BE RECEIVED NO LATER THAN:

September 18th at 10:00 AM CST

BID Bond: YES Performance Bond: YES Payment Bond: YES

Pre-Bid Conference: YES The Pre-Bid Conference will be held virtually on September 2nd at 3:00 PM CST.

Contact: New Braunfels Utilities

Purchasing Manager

355 FM 306

New Braunfels, TX 78130

Phone: 830-608-8867 Email: purchasing@nbutexas.com mailto:purchasing@nbutexas.com

TABLE OF CONTENTS

Section Title

Request for CSP

Bid Form

Contract Agreement

Owner’s Insurance Requirements of Contractor

Bid Bond

Performance Bond

Payment Bond

Special Conditions

Standard General Conditions

Technical Specifications

Appendix

Conflict of Interest Form/Form CIQ

Form 1295

Verification Forms

Attachments

Design Drawings produced by Quiddity Engineering, LC. dated July 28, 2026

Technical Specifications produced by Quiddity Engineering, LLC. dated July 24, 2026

Geotechnical Report produced by HVJ South Central Texas-M&J, INC. dated March 17, 2026

Proposal Requirements, Contract Forms & Conditions of the Contract

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Rev. 09.01.2024 Page 1 Request for CSP

Table of Contents

I. Background and Submission Requirements II. Objectives III. Scope of Work IV. Selection Process V. Selection Criteria VI. Additional Instructions, Notifications, and Information

I. BACKGROUND AND SUBMISSION REQUIREMENTS

1. General Description

New Braunfels Utilities (“NBU”) invites the submittal of responses to this Request for Proposals (“RFP”) from qualified firms interested in providing construction services in connection with the construction of AC Pipe Replacement Solms (IH 35) (the “Project”).

The Project has been designed by Quiddity Engineering, LLC. The Project includes the following items within its scope: (i) construction of approximately 2,730 linear feet (“LF”) of 4-inch, 6-inch, and 12-inch water main piping by open cut; (ii) pressure reducing valve (“PRV”); (iii) grout fill abandonment of existing piping; (iv) removal of existing piping (including removal of asbestos cement pipe); (v) traffic control; (vi) storm water pollution prevention; (vii) restoration; and (viii) all other appurtenances necessary to complete the Project; and all other appurtenances necessary to complete the Project.

Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in this RFP.

2. Purpose of RFP

The purpose of this RFP is for NBU to award a contract pursuant to Chapter 2269 of the Texas Government Code, as amended, for construction of the Project. The Project is further described in Section III, Scope of Work of this RFP.

3. Location

The Project will be located from the intersection of IH 35 Frontage Road and Marigold Way to approximately 2,700 linear feet south along the IH 35 Southbound Frontage Road in New Braunfels, Texas.

4. Project Duration

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NBU has established a target commencement date for construction activities of the Project as February 15th, 2027. The projected completion date is estimated to be one hundred eighty (180) calendar days from the Notice to Proceed date. NBU reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the NBU Board or staff due to modifications in scope.

5. Project Budget

The estimated maximum construction budget is approximately $1,600,000. This amount includes all incidental and contingent expenses associated with the construction of the Project.

6. Access to Documents

In connection with Section 2269.153 of the Texas Government Code, a prepared set of construction documents, including the forms for the Contract Agreement between NBU and Contractor, Bid Form (Exhibit B to the Contract Agreement), the Owner’s Insurance Requirements of Contractor (Exhibit A to the Contract Agreement), the requisite bond forms, the Special Conditions, the Standard General Conditions of the Contract, the Technical Specifications, the Design Drawings produced by Quiddity Engineering, LLC, dated July 28, 2026, the Technical Specifications produced by Quiddity Engineering, LLC, dated July 24, 2026, and the Geotechnical Report produced by HVJ South Central Texas-M&J, INC. dated March 17, 2026 are included with this RFP for Offeror evaluation prior to submission of a proposal.

Respondent can obtain proposal forms, construction documents, and construction plans and specifications by accessing either one of the following websites:

a. www.nbutexas.com/about-us/bid-opportunities or

b. www.Opengov.com.

7. Pre-proposal Conference

A pre-proposal conference for all interested parties will be held by videoconference on September 2nd, 2026, at 3:00 PM. Respondents may join the video conference from a computer, tablet, or smartphone at _https://teams.microsoft.com/meet/232788503652074?p=gLT2eFDAFLrqkV92Kr_.

Respondents may also participate in the video conference by telephone at + 1(469) 998- 7414. The phone conference ID for the telephone is 974 034 339#. Both the link and telephone number are free of charge. It is highly recommended that all parties interested in submitting a proposal for this project be present.

8. Submittal of Responses; Submission Deadline

c. Respondents shall submit all responses electronically to NBU through www.Opengov.com. on or before 10:00 AM, CT on September 18th, 2026 (the http://www.nbutexas.com/about-us/bid-opportunities http://www.opengov.com/ https://global.gotomeeting.com/join/_______ https://global.gotomeeting.com/join/_______ http://www.opengov.com/

Rev. 09.01.2024 Page 3 Request for CSP

“Submission Deadline”). The respondent shall upload all of the requested response documents in PDF format, including the following documents:

a. one copy of Bid Form completed and signed by a person authorized to bind the respondent;

b. acknowledgment and acceptance on the Bid Form of addenda issued in connection with RFP;

c. required Bid Bond;

d. copy of Articles of Incorporation/Certificate of Formation, Partnership

Agreements and resolution or board minutes empowering signatory to bind respondent, attested by an officer of respondent;

e. if the entity is formed in Texas, a Certificate of Existence from the Texas

Secretary of State and a Certificate of Good Standing/Franchise Account Status from Texas Comptroller’s Office;

f. if the entity is not formed in Texas, a Certificate of Existence and a Good

Standing Certificate from its state of formation and a Certificate of Good Standing/Franchise Account Status from the Texas Comptroller’s Office that the respondent is authorized to transact business in the State of Texas;

g. one copy of insurance, completed and signed;

h. other required information indicated in Drawings or Contract Documents;

i. Conflict of Interest Form/Form CIQ;

j. Form 1295;

k. signed verification forms for Chapter 2271, Chapter 2274, and Chapter

2276 of the Texas Government Code, as amended; and

l. statements concerning selection criteria listed below in Section V, including Overall Qualifications, Reputation, Past Relationship with NBU and Public Owners; Proposed Schedule/Contract Time; Available Resources; Corporate History and Stability; and Past Performance on Similar Projects.

NBU will not accept responses via mail, in person, private courier, oral communication, telephone, electronic mail, or facsimile transmission. Respondent understands that submission of a response constitutes an offer by the respondent. Once submitted, the response becomes the property of NBU, and NBU reserves the right to use

Rev. 09.01.2024 Page 4 Request for CSP any ideas contained in any response submitted regardless of whether the respondent is selected. Respondent understands that submission of a response shall indicate that the respondent has accepted the conditions contained in the RFP unless specifically noted in the submittal and confirmed in writing by NBU in the successful respondent’s contract.

NBU may reject, at NBU’s discretion, any responses that do not comply with the requirements of this RFP. Respondents shall file responses with NBU before the Submission Deadline. NBU shall not accept any late response.

9. Questions; Restrictions on Communications; Clarification of Requirements; and Addenda

Questions regarding this RFP or the services requested must be sent to the Purchasing Manager at purchasing@nbutexas.com.

Other than the Purchasing Manager, the respondent shall not contact any NBU employee or member of the Board of Trustees regarding a response to this RFP prior to the award of a contract. If the respondent makes such contact in violation of this RFP, NBU may disqualify the respondent’s response.

NBU shall accept requests for additional information or clarification concerning this RFP on or before 3:00 PM CT on September 8th, 2026. NBU shall not answer any questions submitted after 3:00 PM CT, September 8th, 2026. NBU shall have a reasonable amount of time to respond to questions or concerns regarding the RFP. NBU intends to respond to all questions; however, NBU reserves the right to decline to respond to a question or concern.

NBU will address questions and concerns by addenda. NBU shall attach all addenda to the original RFP package and upload the addenda to the public purchasing site. Addenda will have the same binding effect as the original RFP. As a part of their submission, all respondents shall acknowledge and accept on the Bid Form, either by original signature or digital signature, receipt of each addendum. Failure to acknowledge and accept such addenda on the Bid Form may be grounds for disqualification. NBU shall interpret a respondent’s manual or digital signature to mean that respondent understands and complies with the changes made to the original RFP. It shall be the respondent’s responsibility to ensure that the respondent has received all addenda prior to submission.

Failure of the respondent to receive all addenda does not relieve respondent from all terms and requirements of addenda. Any verbal responses, written explanations, or interpretations by NBU other than by addenda to this RFP are not binding and will be without legal effect.

10. Time and Location of Opening and Reading Proposals Aloud

NBU will open and read the proposals on September 18th, 2026, at 11:00 AM (the “Opening Deadline”) by video conference and the name of the offeror and the monetary component of the proposal shall be read aloud. Respondents may join the video conference from a computer, tablet, or smartphone at mailto:purchasing@nbutexas.com

Rev. 09.01.2024 Page 5 Request for CSP https://teams.microsoft.com/meet/232788503652074?p=gLT2eFDAFLrqkV92Kr_.

Respondents may also participate in the video conference by telephone at + 1(469) 998- 7414. The phone conference ID for the telephone is 974 034 339#. Both the link and telephone number are free of charge. Any proposal received after the Submission Deadline will be returned unopened. Receipt of a response does not bind NBU to any contract for said services nor does it give any guarantee that a contract for the Project will be awarded.

11. Bid Bond Required

Each proposal must be accompanied by an approved Bid Bond in the amount of five percent (5%) of the proposal cost, payable to NBU without recourse, as a guarantee respondent will enter into a contract at the stated price. The successful respondent must execute 100% performance and payment bonds on the forms provided, within ten (10) days after the contract has been awarded.

The Bid Bond accompanying the proposal of the apparent successful respondent will be retained until the contract is awarded and successful respondent executes the contract and furnishes the required bonds and insurance, after which the Bid Bond will be returned to the respondent. All other Bid Bonds will be returned after proposal evaluations, ranking, and award.

12. Rights Reserved

In accordance with Section 2269.154 of the Texas Government Code, NBU shall evaluate and rank each proposal submitted in connection with this RFP no later than the forty-five

(45) days after the Opening Deadline. Based on its sole discretion, NBU reserves the right to determine the propriety of any proposal and may disqualify any respondent based on an incomplete, inaccurate, or noncompliant response. The Board of Trustees of NBU reserves the right to reject any or all of the proposals, to waive formalities, and to make an award to an Offeror in the order of ranking as outlined in this RFP and that the Board of Trustees determines will be the best value to NBU. Respondents will be notified in writing of any determinations made by NBU or its Board of Trustees pursuant to this Section.

13. Conflict of Interest Disclosure

Chapter 176 of the Texas Local Government Code requires that any respondent or person considering doing business with a local government entity must disclose in the conflict of interest questionnaire form (the “Form CIQ”) the respondent or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. A respondent must complete and file the Form CIQ within the timeframe specified in Section 176.006 of the Texas Local Government Code. The Form CIQ must also be submitted with your proposal.

https://teams.microsoft.com/meet/232788503652074?p=gLT2eFDAFLrqkV92Kr

Rev. 09.01.2024 Page 6 Request for CSP

For more information or to obtain the Form CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING

REQUIREMENT.

14. Certificate of Interested Parties

Pursuant to Section 2252.908 of the Texas Government Code, a private business entity cannot enter into certain contracts with NBU unless the business entity completes Form 1295 “Certificate of Interested Parties.” Respondents are required to complete and file electronically the Certificate of Interested Parties with the Texas Ethics Commission using the online filing application. Proof that Form 1295 was filed with the State of Texas Ethics Commission must be submitted with your proposal.

For more information, please visit the State of Texas Ethics Commission website at the following links:

a. https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and

b. https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT.

15. Statement of Statutory Compliance

All offerors submitting a proposal in response to this RFP must include with the proposal verified statements in connection with (i) Chapter 2271 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting Israel; (ii) Chapter 2276 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting certain energy companies; and (iii) Chapter 2274 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies that discriminate against firearm and ammunition industries. Failure to comply with this requirement is grounds for disqualification.

16. Prohibition on Contracts with Certain Companies

NBU will review the website of the Comptroller of the State of Texas to determine if the respondent is on the list of companies that provide supplies or services to a foreign terrorist organization as defined in Chapter 2252 of the Texas Government Code, as amended. Any company identified on such list will be disqualified from consideration.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

Rev. 09.01.2024 Page 7 Request for CSP

II. OBJECTIVES

NBU proposes to retain a highly qualified, capable firm to act as its general contractor for the construction of the Project. Firms that participate in this RFP process are sometimes referred to as “Bidders,” “Respondents,” and “Offerors.” NBU will give prime consideration to the Offerors with significant, current experience in the management and construction of similar projects. Experience in construction of similar types of projects is essential.

III. SCOPE OF WORK

NBU anticipates the following items will be included in the Project scope of work: (i) construction of approximately 2,730 linear feet (“LF”) of 4-inch, 6-inch, and 12-inch water main piping by open cut; (ii) pressure reducing valve (“PRV”); (iii) grout fill abandonment of existing piping; (iv) removal of existing piping (including removal of asbestos cement pipe); (v) traffic control; (vi) storm water pollution prevention; (vii) restoration; and (viii) all other appurtenances necessary to complete the Project; and all other appurtenances necessary to complete the Project. The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Offeror will also be responsible for obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance requirements; and providing NBU with all manufacturers’ warranties and all operations and maintenance (O & M) manuals for all equipment installed.

The selected Offeror may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, planning and value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

IV. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this RFP and submit the response as described in Article I, Section 8 and this RFP.

NBU will use a selection committee to evaluate the proposals. NBU’s selection committee will rank and evaluate the Offerors within 45 days of the Opening Deadline.

In accordance with Section 2269.155 of the Texas Government Code, NBU will select the offeror that submits the proposal that offers the best value for NBU based on the following:

a. the selection criteria in this RFP and the weighted value for those criteria and

b. its ranking evaluation.

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NBU will first attempt to negotiate with the highest ranked Offeror. If a satisfactory contract cannot be successfully negotiated with the highest ranked Offeror, in the opinion of NBU, NBU will end negotiations with that offeror in writing and will proceed to negotiate with the next highest ranked Offeror in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

V. SELECTION CRITERIA

The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

a. The Cost of the Work. (weighted at 50%).

b. Proposed Schedule/Contract Time. (weighted at 20%).

c. Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the contractor and the contractor’s subcontractors and suppliers (to the extent identifiable at the time of proposal submission) on improvement projects of similar size and scope (weighted at 10%).

d. Overall Qualifications, Reputation, Past Relationship with NBU and Public Owners. This includes the qualifications, reputation, capability, safety record, financial capability, and contractor’s past relationship and experience with NBU or other public entities (weighted at 10%).

e. Available resources to complete the Project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at 5%).

f. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, history of litigation or arbitration, a statement of any liquidated damages that have previously been withheld by public owner clients of the Offeror on projects in the last five (5) years, and references. (weighted at 5%).

Offerors shall include with the proposal all information and qualifications to allow NBU’s selection committee to evaluate the proposal in accordance with this Section and the evaluation criteria listed here. NBU will not accept additional information from Offerors after the proposal opening. NBU reserves the right to do the following:

a. based on its sole discretion, determine the propriety of any proposal and disqualify any respondent based on an incomplete, inaccurate, or noncompliant response;

Rev. 09.01.2024 Page 9 Request for CSP

b. reject any and all proposals; or

c. waive any and all irregularities in proposals.

VI. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

1. All Information True

Respondent represents and warrants to NBU that all information provided in the response shall be true, correct and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to NBU for consideration in the selection process shall be excluded and their proposal shall be rejected. NBU will not accept revisions to proposals or additional information after proposal opening.

2. Cost of Responses

Respondent shall bear any and all costs related to the preparation and submission of a response to this RFP.

3. No Obligation

NBU reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) accept any submittal or portion of submittal; (4) reject any or all Respondents submitted responses, should it be deemed in NBU’s best interest; or (5) cancel the entire process.

4. Contract Negotiations

This RFP is not to be construed as a contract or as a commitment of any kind. If this RFP results in a contract offer by NBU, the specific scope of work, associated fees, and other contractual matters will be determined during contract negotiations.

5. Texas Public Information Act

All information, documentation, and other materials submitted in response to this RFP are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed.

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this RFP and the Offeror agrees that any contract resulting from this solicitation can be terminated by NBU if the Offeror knowingly or intentionally fails to comply with a requirement of that subchapter.

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This subchapter does not create a cause of action to contest a bid for or the award of a contract with NBU.

NBU may not accept a bid for a contract described by Subchapter J, Chapter 552 or award the contract to an entity that NBU has determined has knowingly or intentionally failed to comply with Subchapter J in a previous bid or contract described by that section unless NBU determines and documents that the entity has taken adequate steps to ensure future compliance with the requirements of Subchapter J.

Nothing in this subchapter prevents NBU from including and enforcing more stringent requirements in a resulting contract to increase accountability or transparency.

END OF DOCUMENT

Exhibit B to Contract Agreement Bidding Requirements, Contract Forms & Conditions of the Contract

BID FORM

Rev. 09.01.2024 Page 1 Bid Form

New Braunfels Utilities

355 FM 306

New Braunfels, TX 78130

PROJECT: AC Pipe Replacement Solms (IH 35)

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with New Braunfels Utilities (“NBU”) in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all the terms and conditions of the Request for Proposal, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to RFP:

evaluation and ranking for forty-five (45) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other Documents required by the Bidding Requirements within ten (10) days after the date of NBU’s Notice of Award.

3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that:

a) BIDDER has examined copies of all the Bidding Documents and of all addenda.

b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the work.

c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface of physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of Work as BIDDER considers necessary for the performance or finishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Section 4.02 of the Standard General Conditions of the Contract; and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by BIDDER for such purposes.

d) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumed responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Section

4.04 of the Standard General Conditions of the Contract.

e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

f) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable by BIDDER.

g) The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has no solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over NBU.

Rev. 09.01.2024 Page 2 Bid Form

4. BIDDER will complete the Work for the following prices:

Water Items

ITEM # DESCRIPTION UNIT QUANTITY UNIT COST,

$ TOTAL, $

121.1

(NBU)

TRENCH SAFETY SYSTEMS

(ALL DEPTHS) LF 2,729

510.1

(NBU)

PIPE, 4" DIA. (DI AWWA

C151) (ALL DEPTHS)

INCLUDING EXCAVATION

AND BACKFILL

LF 5

510.1

(NBU)

PIPE, 6" DIA. (DI AWWA

C151) (ALL DEPTHS)

INCLUDING EXCAVATION

AND BACKFILL

LF 72

510.1

(NBU)

PIPE, 12" DIA. (PVC C-900 DR

18) (ALL DEPTHS)

INCLUDING EXCAVATION

AND BACKFILL

LF 2,652

510.2

(NBU)

WET CONNECTIONS, 4" DIA.

X 4" DIA. EA 1

510.2

(NBU)

WET CONNECTIONS, 12"

DIA. X 12" DIA. EA 1

510.3

(NBU)

DUCTILE IRON FITTINGS 4

INCH THROUGH 24 INCH TON 3.5

510.4

(NBU)

RELAY 1" SERVICE (SHORT)

AND RELOCATE METER

WITH NEW METER BOX

EA 7

510.5

(NBU)

ABANDON AND GROUT

FILL, 1" DIA. WATER

SERVICE

CY 0.5

510.5

(NBU)

ABANDON AND GROUT

FILL, 4" DIA. WATER MAIN CY 6.5

511.1

(NBU) GATE VALVE, 6" DIA. EA 3

511.1

(NBU) GATE VALVE, 8" DIA. EA 1

511.1

(NBU) GATE VALVE, 12" DIA. EA 6

511.2

(NBU) FIRE HYDRANTS EA 9

Rev. 09.01.2024 Page 3 Bid Form

511.3

(NBU)

PRESSURE REDUCING

VALVE ASSEMBLY (2")

INCLUDING VAULT

EA 1

(SAWS)

REMOVAL,

TRANSPORTATION, AND

DISPOSAL OF VARIOUS

SIZES OF AC PIPE

LF 811

Erosion Control Items

ITEM # DESCRIPTION UNIT QUANTITY UNIT COST,

$ TOTAL, $

160 6003 FURNISHING AND PLACING

TOPSOIL (4") SY 9,600

162 6002 BLOCK SODDING SY 465

164 6007 BROADCAST SEED

(PERM)(URBAN)(CLAY) SY 9,600

506 6020 CONSTRUCTION EXITS

(INSTALL) (TY 1) SY 340

506 6024 CONSTRUCTION EXITS

(REMOVE) SY 340

506 6038 TEMP SEDMT CONT FENCE

(INSTALL) LF 2,538

506 6039 TEMP SEDMT CONT FENCE

(REMOVE) LF 2,538

506 7035 SANDBAGS FOR EROSION

CONTROL LF 86

Repair Items

$ TOTAL, $

CONC CURB & GUTTER (TY

II) (CONTINGENCY ONLY) LF 50

DRIVEWAYS (CONC)

(CONTINGENCY ONLY) SY 50

XXXX CHAIN LINK FENCE LF 335

Rev. 09.01.2024 Page 4 Bid Form

XXXX

CHAIN LINK FENCE (6')

(TEMPORARY) LF 335

PLASTIC FENCE LF 40

IRON PIPE FENCE LF 15

Traffic Control Items

$ TOTAL, $

BARRICADES, SIGNS, AND

TRAFFIC HANDLING MO 5

General Items

$ TOTAL, $

6002 PREPARING RIGHT OF WAY STA 27

6001 MOBILIZATION LS 1

BASE BID WATER ITEMS: $_______________________

BASE BID EROSION CONTROL ITEMS: $_______________________

BASE BID REPAIR ITEMS: $_______________________

BASE BID TRAFFIC CONTROL ITEMS: $_______________________

BASE BID GENERAL ITEMS: $_______________________

TOTAL BASE BID $_______________________

Rev. 09.01.2024 Page 5 Bid Form

5. BIDDER agrees that the Work will be substantially complete and ready for final payment in accordance with Section 14.07 of the Standard General Conditions of the Contract within the Calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages and special damages in the event of failure to complete the Work on time.

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

a) Required Bid security of five percent (5%) of the Bidder’s maximum base bid price and in the form of approved Bid Bond.

b) List of BIDDER’s primary Subcontractors and Suppliers for the Work. Any changes in the

Subcontractor and Supplier list shall require additional approval by OWNER prior to contract execution.

7. Communication concerning this Bid shall be addressed to:

New Braunfels Utilities

Purchasing Manager

355 FM 306

New Braunfels, TX 78130

Phone: 830-608-8867 Email: Purchasing@NBUTexas.com

8. The terms used in this Bid that are defined in the Standard General Conditions of the Contract included as part of the Contract Documents have the meanings assigned to them in the Standard General Conditions of the Contract.

9 The undersigned acknowledges receipt of the following addenda:

Addendum No. 1 dated _________________ Received ______________________ Addendum No. 2 dated _________________ Received ______________________ Addendum No. 3 dated _________________ Received ______________________ mailto:Purchasing@NBUTexas.com

Rev. 09.01.2024 Page 6 Bid Form

Secretary, *if bidder is a corporation

(Seal)

Copy of Corporate Resolution and minutes with certificate of officer of bidder as to authority of signatory to bind bidder is to be signed and dated no earlier than one week before bid date, and attached to this document

Company Name of Bidder

Authorized Signature

Date

Printed Name of Authorized Signature

Address

Telephone Number/Fax Number

Bidding Requirements, Contracts Forms & Conditions of the Contract

CONTRACT AGREEMENT

Rev. 09.01.2024 Page 1 Contract Agreement

THIS AGREEMENT (the “Agreement” or the “Contract”) is between NEW BRAUNFELS UTILITIES, a Texas municipally owned utility (“NBU”), and , a _________________________ (the “Contractor”).

NBU and the Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - WORK

1.01 The Contractor shall complete all Work as specified or indicated in the Contract Documents as listed below:

Contract Agreement and the related Exhibits;

Standard General Conditions of the Contract;

Special Conditions;

Technical Specifications;

Payment Bond;

Performance Bond;

Geotechnical report produced by HVJ South Central Texas-M&J, Inc. dated March 17th, 2026;

Design Drawings produced by Quiddity Engineering, LLC dated July 28th, 2026; and Technical Specifications produced by Quiddity Engineering, LLC dated July 24th, 2026.

1.02 The Work is generally described as follows:

The Project includes the following items within its scope: (i) construction of approximately 2,700 linear feet of 4-inch, 6-inch, and 12-inch watermain piping by open cut; (ii) pressure reducing valve (“PRV”); (iii) grout fill abandonment of existing piping; (iv) removal of existing piping (including removal of asbestos cement pipe); (v) traffic control; (vi) storm water pollution prevention; (vii) restoration; and (viii) all other appurtenances necessary to complete the Project.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

AC Pipe Replacement Solms (IH 35)

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by:

Joseph F. Richardson, P.E.

Quiddity Engineering, LLC 912 South Capital of Texas Highway Suite 300 Austin, TX 78746 512-441-9493

(the “Engineer”), who is to act as NBU’s representative, assume all duties and responsibilities, and have the rights and authority assigned to the Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

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ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. Time limits stated in the Contract Documents are of the essence of the Contract. In all aspects of the Work, including any time limits for Milestones, Substantial Completion, and Final Completion, time is of the essence of the Contract. Additionally, time limits stated in the Project Schedule are of the essence. By executing this Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work shall be substantially complete within one hundred eighty (180) calendar days from the Notice to Proceed date and ready for final payment in accordance with Section 14.07 of the General Conditions within 30 calendar days after the substantially complete date.

B. .

4.03 Liquidated Damages

A. The Contractor and NBU recognize that time is of the essence of this Agreement and that NBU will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by NBU if the Work is not completed on time. Accordingly, instead of requiring any such proof, NBU and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay to NBU One Thousand Four Hundred Eighty Nine Dollars ($1,489.00) per calendar day for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by NBU, the Contractor shall pay to NBU One Thousand Four Hundred Eighty Nine Dollars ($1,489.00) per calendar day for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

4.04 Special Damages

A. In addition to the amount provided for in liquidated damages, the Contractor shall reimburse NBU (1) for any fines or penalties imposed on NBU as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by NBU for engineering, construction observation, inspection, and administrative services needed after the time specified in Section 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, the Contractor shall reimburse NBU for the actual costs reasonably incurred by NBU for engineering, construction observation, inspection, and administrative services needed after the time specified in Section 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

ARTICLE 5 - CONTRACT PRICE

5.01 NBU shall pay the Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in the Contractor’s Bid Form, attached hereto as Exhibit B.

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ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by the Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. NBU shall make progress payments on account of the Contract Price on the basis of the Contractor’s Applications for Payment within 30 days of NBU’s acceptance of the payment application:

1. Prior to Substantial Completion, NBU shall make progress payments in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as the Engineer may determine or NBU may withhold, including but not limited to liquidated damages, in accordance with Section

14.02 of the General Conditions:

a. 95% (percent) of Work completed; and

b. 95% (percent) of cost of materials and equipment not incorporated in the Work.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Section 14.07 of the General Conditions, NBU shall pay the remainder of the Contract Price, including any retainage held, as recommended by the Engineer as provided in said Section 14.07 of the General Conditions.

ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS

7.01 To induce NBU to enter into this Agreement, the Contractor makes the following representations:

A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

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

C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. The Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site that may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

F. The Contractor is aware of the general nature of work to be performed by NBU and others at the Site that relates to the Work as indicated in the Contract Documents.

G. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all

Rev. 09.01.2024 Page 4 Contract Agreement additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

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

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

ARTICLE 8 - MISCELLANEOUS

8.01 Terms

A. Terms used in this Agreement will have the meanings stated in the Standard General Conditions of the Contract.

8.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically, but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Should an assignment occur, the terms of this provision survive and control any further assignment by an assignee.

8.03 Successors and Assigns

A. NBU and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

8.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon NBU and the Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

8.05 Governing Law

A. The Contract shall be governed by the law of the State of Texas without regard to its conflict of law principles.

8.06 Venue

A. This Agreement is entered into and performed in Comal County, Texas, and the Contractor and NBU agree that exclusive and mandatory venue for any legal action related to this Agreement shall be in the District Courts of Comal County, Texas.

8.07 Prohibition on Contracts with Companies Boycotting Israel

A. The Contractor hereby verifies that it and its parent company, wholly or majority owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement as described in Chapter

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2271 of the Texas Government Code, as amended. [USE IN LIEU OF THE PREVIOUS

SENTENCE IF THE CONTRACTOR IS EXEMPT FROM THE ISRAEL BOYCOTT

REQUIREMENT—The Contractor hereby declares that it is exempt from Chapter 2271 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting Israel.]

B. The foregoing verification is made solely to comply with Chapter 2271.002 of the Texas Government Code, as amended. As used in the foregoing verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Contractor understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Contractor and exists to make a profit.

8.08 Contracts with Companies Engaged in Business with Iran, Sudan or Foreign Terrorist Organizations Prohibited

A. The Contractor represents that neither it nor any of its parent company, wholly or majority owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, as amended, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/publications/divestment.php.

B. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, as amended, and excludes the Contractor and each of its parent company, wholly or majority owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Contractor understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Contractor and exists to make a profit.

8.09 Prohibition on Contracts with Companies in China, Iran, North Korea, or Russia

A. If the Contractor is granted direct or remote access to or control of critical infrastructure in the State of Texas under this Agreement, the Contractor represents the following:

1. it is not owned by or the majority of stock or other ownership interest in the Contractor is not held or controlled by:

a. individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor of Texas as a threat to critical infrastructure under Section 2275.0103 of the Texas Government Code, as amended (“designated country”); or

b. a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

B. The foregoing representation is made solely to comply with Chapter 2275 of the Texas Government Code, as amended. As used in the foregoing verification, “critical infrastructure” means a https://comptroller.texas.gov/purchasing/publications/divestment.php

Rev. 09.01.2024 Page 6 Contract Agreement communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility. “Affiliate,” with respect to a company entering into an agreement in which the critical infrastructure is electric grid equipment, has the meaning assigned by the protocols of the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region.

8.10 Prohibition on Contracts with Companies Boycotting Energy Companies

A. The Contractor hereby verifies that it and its parent company, wholly or majority owned subsidiaries, and other affiliates, if any, do not boycott energy companies and, to the extent this Agreement is a contract for goods or services, will not boycott energy companies during the term of this Agreement as described in Chapter 2276 of the Texas Government Code, as amended. [USE IN LIEU OF THE

PREVIOUS SENTENCE IF THE CONTRACTOR IS EXEMPT FROM THE ENERGY COMPANY

BOYCOTT REQUIREMENT—The Contractor hereby declares that it is exempt from Chapter 2276 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting certain energy companies.]

B. The foregoing verification is made solely to comply with Section 2276.002 of the Texas Government Code, as amended. As used in the foregoing verification, “boycott energy companies” has the meaning used in Section 809.001 of the Texas Government Code, as amended. The Contractor understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Contractor and exists to make a profit.

8.11 Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries

A. The Contractor hereby verifies that it and its parent company, wholly or majority owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and, to the extent this Agreement is a contract for goods or services, will not discriminate against a firearm entity or firearm trade association during the term of this Agreement as described in Chapter 2274 of the Texas Government Code, as amended.

[USE IN LIEU OF THE PREVIOUS SENTENCE IF THE CONTRACTOR IS EXEMPT FROM

THE DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES CONTRACT

REQUIREMENT—The Contractor hereby declares that it is exempt from Chapter 2274 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies that discriminate against a firearm entity or firearm trade association.]

B. The foregoing…