Bid Documents

Technical Specifications

For

ATLAS SUBSTATION TESTING &

COMMISSIONING

B 068-26

Due: October 14, 2026 by 5:00 PM

Open: October 15, 2026 at 10:00 AM

TABLE OF CONTENTS

PART I - CONTRACT SPECIFICATION

DESCRIPTION PAGE No

LEGAL NOTICE AND INVITATION TO BID

INSTRUCTIONS TO BIDDERS

SPECIAL INSTRUCTIONS

BIDDING DOCUMENTS

BID

BID SCHEDULE

BID BOND

CONTRACTOR’S PRE-BID DISCLOSURE STATEMENT

SUB-CONTRACTOR’S PRE-BID DISCLOSURE STATEMENT

REQUIRED FORMS CHECKLIST

DEBARMENT CERTIFICATE

ETHICS STATEMENT

CONFLICT OF INTEREST QUESTIONNAIRE

FORM 1295

RESIDENCE CERTIFICATION FORM

STATE LAW CERTIFICATION

HOUSE BILL 89

CUSTOMER REFENCE FORM

W-9 FORM

W-8 FORM

CONTRACT / SAMPLE FORMS

NOTICE OF AWARD

ACCEPTANCE OF NOTICE

NOTICE TO PROCEED

AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

CERTIFICATE OF INSURANCE

PART II – TECHNICAL SPECIFICATIONS

DESCRIPTION PAGE

GENERAL REQUIREMENTS (Division 1 Specifications)

1 SUMMARY OF WORK ......................................................................... ATLAS_TNC- PAGE 5

2 SUBMITTALS ...................................................................................... ATLAS_TNC-PAGE 7

3 GENERAL COMMISSIONING REQUIREMENTS .................................... ATLAS_TNC-PAGE 10

ELECTRICAL (Division 2 Specifications)

1.2 COMMISSIONING OF ELECTRICAL SYSTEMS ..................................... ATLAS_TNC-PAGE 14

Brownsville Public Utilities Board

Legal Notice 1 Bid No. 068-26

LEGAL NOTICE AND INVITATION TO BID

B #068-26

Sealed or electronic bids will be received by the PUBLIC UTILITIES BOARD of the City of Brownsville, Texas ("BPUB"), at the PUB Purchasing Department office; 1155 FM 511;

Olmito, Texas 78575 until 5:00 PM, October 14, 2026 for the Project described in the Contract

Documents and Specifications entitled:

ATLAS SUBSTATION TESTING AND COMMISSIONING

Bids received after this time will not be considered.

Bids will be publicly opened and read aloud on October 15, 2026 at 10:00 AM. Bidders can request a copy of the bid tabulation by emailing hlopez@brownsville-pub.com.

A Non-mandatory Pre-Bid Conference Meeting will be at the BPUB Purchasing Conference

Room at 10:00 AM on September 30, 2026, 1155 FM 511, Olmito Texas 78575.

Brownsville Public Utilities Board utilizes the Texas Purchasing Group to post Request for

Proposal (RFP) and bid opportunities, https://www.bidnetdirect.com/texas/brownsville-pub.

Each bid, if submitting a hard copy, shall be enclosed in a sealed envelope and shall be plainly marked on the outside of the envelope: “B068-26 ATLAS SUBSTATION TESTING

AND COMMISSIONING, OCTOBER 14, 2026, 5:00 PM”. This envelope shall be addressed to Diane Solitaire; Brownsville Public Utilities Board; Purchasing Department; 1155 FM 511;

Olmito, Texas 78575.

Each bid shall constitute an offer to the Board, as outlined therein, and shall be irrevocable for at least ninety (90) days after the time announced for the opening thereof.

Each bid shall be accompanied by a Certified or Cashier's check payable to the order of the

Brownsville Public Utilities Board, City of Brownsville, Texas for a sum not less than five (5%) percent of the total amount bid. In lieu of a check, a Bid Bond may be submitted in an amount not less than five (5%) percent of the total amount bid with a Corporate Surety licensed to do business in the State of Texas, conditioned that the BIDDER will pay the BPUB, as mutually agreed to liquidated damages, and not as a penalty, the amount specified in the Bond unless he enters into a contract in accordance with his bid. BIDDER is required to execute a contract and furnish a

Performance Bond, Payment Bond and a Certificate of Insurance. If the BIDDER fails to execute the contract and to furnish satisfactory Performance and Payment Bonds and Insurance Certificates within ten (10) days from the date on which he is notified that his bid has been accepted, the amount of his check or bid bond shall be forfeited to the BPUB as mutually agreed to liquidated damages, and not as a penalty. No bid will be considered if the Bid Security is not submitted.

The BPUB will not be responsible in the event that the U.S. Postal Service or any other courier system fails to deliver the sealed bids to the Brownsville Public Utilities Board, Purchasing Office by the given deadline above. Bid will be accepted via electronic transmission through Bidnet, mailto:hlopez@brownsville-pub.com https://www.bidnetdirect.com/texas/brownsville-pub

Legal Notice 2 Bid No. 068-26 only.

The BPUB specifically reserves the right to reject any or all bids, to waive irregularities or informalities in any or all bids and to accept any bid which is deemed to be in the best interest of the Board.

Diane Solitaire Purchasing Department

(956) 983-6366 - Phone

Legal Notice 3 Bid No. 068-26

INSTRUCTIONS TO BIDDERS

Please submit this page upon receipt Acknowledgment Form

ATLAS SUBSTATION TESTING AND COMMISSIONING

B068-26

For any clarifications, please contact Diane Solitaire at the Brownsville Public Utilities Board, Purchasing Department at (956) 983-6364 or (956) 983-6375 e-mail: hlopez@brownsville-pub.com

Please e-mail this page upon receipt of legal notice.

Check one:

( ) Yes, I will be able to send a bid; obtained bid package from website.

( ) Yes, I will be able to send a bid; please email the bid package.

Email:

( ) No, I will not be able to send a bid for the following reason:

If you are unable to send your bid, kindly indicate your reason for “No bid” above and return this form via e-mail to hlopez@brownsville-pub.com or to dsolitaire@brownsville-pub.com. This will ensure you remain active on our vendor list.

Date

Company:

Name:

Address:

City: State:_________ Zip Code: ___________

Phone: Fax:

Email:

*IF SPECIFICATIONS ARE DOWNLOADED FROM WEBSITE PLEASE E-MAIL THIS PAGE TO EMAIL LISTED ABOVE mailto:hlopez@brownsville-pub.com mailto:hlopez@brownsville-pub.com mailto:hlopez@brownsville-pub.com mailto:dsolitaire@brownsville-pub.com mailto:dsolitaire@brownsville-pub.com

Legal Notice 4

SPECIAL INSTRUCTIONS

Contract Information

• Interpretation

Questions concerning terms, conditions, and technical specifications should be directed to:

Hugo E. Lopez, Purchasing Administrator or Diane Solitaire,

(956) 983-6375 Purchasing & Materials Manager

(956) 983-6366

• Tentative Time Line

1. September 21, 2026 through October 14, 2026 – Vendor bid preparation.

2. October 14, 2026 at 5:00 PM - Vendor must submit hard copy of bid sealed in an envelope to:

Diane Solitaire, Purchasing

1155 FM 511

Brownsville, TX 78575

Bid 068-26 - ATLAS SUBSTATION TESTING AND COMMISSIONING

Due October 14, 2026 at 5:00 PM

The above noted information must be included on bid envelope and on any carrier’s envelope/package. The Brownsville Public Utilities Board will not be held responsible for missing, lost or late mail or late electronic transmission. Brownsville Public Utilities Board will accept electronic transmission of sealed bids via Bidnet, only.

1. September 30, 2026 – Pre-Bid Conference at 10:00 AM

2. October 9, 2026 – Last day to submit questions

3. October 15, 2026 - Open bids at 10:00 AM

4. October 16 – 23, 2026 - Evaluate bids

5. November 9, 2026 – Request BPUB Board approval (if applicable).

6. Contract will start March 2027, tentatively

• “Or Equal”

Brand name and/or manufacturer’s references used in this Request are descriptive – not restrictive

– they are intended to generally indicate type and quality desired. Brands of like nature and quality will generally be considered. If bidding on other than referenced Specifications, please provide complete descriptive information of said material/equipment article. BPUB also reserves the legal right to specify a “sole source” component if such component is critical for integration to a larger assembly and alternative manufactured items will not meet the design and/or performance needs of the BPUB, in BPUB’s sole discretion.

Legal Notice 5

• Pricing

Bid unit prices on BPUB estimated quantities specified, extend and show total. In case of errors in extension, unit prices expressed in written words and not numerals, shall govern. Prices shall remain firm throughout the Contract.

All fields (UNIT PRICE & TOTAL PRICE) in the Bid Schedule must be filled in. The data must be complete to identify any bidding brand called for specifically.

Failure to submit any of the above information with the sealed bid may disqualify bid as non-responsive.

• Contractor Representative

The successful contractor agrees to send a personal representative with binding authority for the company to the Brownsville Public Utilities Board, upon request, to make any minor clarifications or adjustments and/or assist with coordination of all transactions as needed to allow Contract entry.

• Quality of Products

All material and equipment items specified must be new, in first class condition, including containers suitable for shipment and storage. No substitutions in standard grades or lesser quality will be accepted.

• Determining Factors for Award

1. Price

2. Responsibility of contractor to perform the intended work and responsiveness to the bid request.

3. Compliance with requirements of the technical specifications

4. Quality of performance on previous work on similar contracts

5. Recent successful completion of similar projects

6. BPUB financial and legal responsibility evaluations of any identified teaming arrangements involving significant joint ventures, subcontractors, and suppliers.

7. Safety record will be considered when determining the responsibility of the bidder

• Contract with Vendor/Entity Indebted to BPUB

It is a policy of the BPUB to refuse to enter into a contract or other transaction with an individual, sole proprietorship, joint venture, Limited Liability Company or other entity indebted to BPUB.

• Vendor ACH (Direct Deposit) Services

The BPUB has implemented a payment service for vendors/contractors by depositing the contract payment directly to the contractor’s/vendor’s bank account. Successful vendor(s)/contractors will be required to receive payments directly through Automated Clearing House (ACH) in lieu of a paper check. The awarded vendor must agree to receive payments via ACH (Direct Deposit).

Legal Notice 6

• Tax Identification Number (TIN)

In accordance with IRS Publication 1220, aW9 form, or a W8 form in cases of a foreign vendor, will be required of all vendors doing business with the Brownsville PUB. If a W9 or W8 form is not made available to Brownsville PUB, the first payment will be subject to income tax withholding at a rate of 28% or 30% depending on the U.S. status and the source of income as per

IRS Publication 1220. The W9 or W8 form must be included with bid response. Attached are sample forms.

• Taxes

The City of Brownsville and its Brownsville Public Utilities Board are exempt from Federal Excise

Tax, State Tax and local sales Taxes. Do not include any taxes in the bid proposal. If it is later determined that tax was included in the bid it will not be included in the tabulation or any awards.

Tax exemption certificates will be furnished by BPUB upon request.

• Signing of Bid

Failure to sign bid will disqualify it. Person signing bid should show title or authority to bind their firm to a contract.

• EEOC Guidelines

During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, national origin, age, religion, gender, sexual preference, marital or veteran status, or physically challenging condition.

• Contract and Purchase Order

The services shall be completed in a timely manner as specified in specifications. A contract for the services will be placed into effect by means of a contract and purchase order issued by the

Brownsville Public Utilities Board after tabulation and final approval by the Board.

• Brownsville Public Utilities Board Rights

1. If only one or no bid is received by "submission date", the BPUB has the right to reject, re-bid, accept and/or extend the bid by up to an additional two (2) weeks from original submission date.

2. The right to reject any/or all bids and to make award as it may appear to be advantageous to the Brownsville Public Utilities Board.

3. The right to hold bid for 90 days from submission date without action, and to waive all informalities in any bid.

4. The right to extend the total bid beyond the original 90-day period prior to an award, if agreed upon in writing by all parties (BPUB and vendor/contractor) and if bidder/vendor holds original bid prices firm.

Legal Notice 7 Bid No. 068-26

5. The right to terminate for cause or convenience all or any part of the unfinished portion of the Project resulting from this solicitation within Fifteen (15) calendar days written notice; for cause: upon default by the vendor/contractor, for delay or non-performance by the vendor/contractor; or if it is deemed in the best interest of the BPUB for BPUB’s convenience.

• Corrections

Any interpretation, correction, or change of the Invitation to Bid will be made by written

ADDENDUM. Changes or corrections will be issued by the Brownsville PUB Purchasing

Department. Addenda will be emailed to all who have returned the bid acknowledgment form. Addenda will be issued as expeditiously as possible. It is the responsibility of the vendors/contractors to determine whether all Addenda have been received. It will be the responsibility of all respondents to contact the Brownsville PUB prior to submitting a response to the Invitation to Bid to ascertain if any/all Addenda have been issued, and to obtain any all

Addenda, execute them, and return Addenda with the response to the Invitation to Bid. Addenda may also be posted on BPUB’s website.

1. RECEIPT AND OPENING OF BIDS:

The Brownsville Public Utilities Board, City of Brownsville, Texas (hereinafter called OWNER), invites bids on the form attached hereto, all blanks of which must be appropriately filled in, in ink, for Project entitled “ATLAS SUBSTATION TESTING AND COMMISSIONING”.

The OWNER may consider informal and non-responsive, any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids.

Any bid may be withdrawn by vendor/contractor prior to the above scheduled time for the opening of bids or OWNER authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No BIDDER may withdraw a bid within at least ninety (90) days after the actual date of the opening thereof.

2. INSPECTION OF SITE:

Each BIDDER shall visit the Project site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and shall fully inform himself as to the facility involved, the difficulties and restrictions attending the performance of the Contract. The

BIDDER shall thoroughly examine and familiarize himself with the Drawings, Technical

Specifications, and all other Contract Documents. The Contractor, by the execution of the

Contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument, or to visit the Project site and acquaint himself with the conditions there existing and the OWNER will be justified in rejecting any claim for extra time, or compensation, or both, based on facts regarding which Contractor should have been on notice as a result of such a diligent Project site visitation. Pictures of the project site can be provided by e-mailing BPUB Purchasing Department at hlopez@brownsville-pub.com.

Legal Notice 8

3. PREPARATION OF BID AND USE OF SEPARATE BID FORMS:

These Contract Documents include a complete set of bidding documents. The BIDDER shall copy all Documents listed in the table of contents under the heading BIDDING DOCUMENTS and shall submit two sets (original signed and one signed photocopy) of his bid on these forms. A bid shall be comprised of the BIDDING DOCUMENTS completed by the BIDDER plus supplemental information required by the Specifications and Contract Documents.

If any of the information submitted as part of the bid is considered to be proprietary by the

BIDDER, he shall conspicuously identify such intended confidential information in his bid. BPUB is subject to the provisions of the Texas Public Information Act and cannot legally guarantee confidentiality of submittals and may need to consult with its legal counsel and the Texas Attorney

General in rendering decisions on any requested disclosures.

a) Preparation. Each bid shall be carefully prepared using the bid and bid data forms included as a part of the bidding documents. Entries on the bid and bid data forms shall be typed, using dark black ribbon, or legibly written in black ink. All prices shall be stated in written words and numeric figures, except where the forms provide for figures only. In case of discrepancy, especially in any sum total extensions, the amount shown in written words will generally prevail over numeric unit prices.

The BIDDER shall acknowledge, in the space provided in the bid form, receipt of each Addendum issued for the Specifications and Documents during the bidding period.

The BIDDER shall assemble all drawings, catalog data, and other supplementary information necessary to thoroughly describe work, materials and equipment covered by the bid, and shall attach such supplemental information to the copies of the specifications and documents submitted.

b) Signatures. Each BIDDER shall sign the bid with his usual signature and shall give his full business address. The BIDDER's name stated on the bid shall be the exact legal name of the firm. The names of all persons signing should also be typed or printed below the signature.

Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative.

A complete list of the partners shall be included with the bid.

Bids by a corporation shall be signed in the official corporate name of the corporation, followed by the signature and designation of the “president,”

“secretary,” or other appropriate person authorized to bind the corporation.

A bid by a person who affixes to his signature the word "president," "secretary,"

"agent," or other designation, without disclosing his principal, will be rejected.

Legal Notice 9 Bid No. 068-26

Satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. Bidding corporations shall designate the state in which they are incorporated and the address of their principal office.

c) Submittal. The original signed bid (and its accompanying photocopy) shall be transmitted to arrive at the designated BPUB address not later than the date and time stipulated in the Legal Notice and Invitation to Bid.

Submit the original signed bid (and its accompanying photocopy) to:

Olmito, Texas 78575

Attention: Ms. Diane Solitaire

Purchasing Department

Each bid must be submitted in duplicate as stated above (original signature and photocopy), in a sealed envelope bearing on the outside the name of the BIDDER, his address, and the name of the

Project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid itself must be enclosed in another mailing envelope addressed as specified in the bid form.

4. METHOD OF BIDDING:

Prices shall be firm, not subject to qualification, condition or adjustment. Prices shall be in United

States dollars. Prices shall be lump sum, except where unit prices are requested by the bid forms.

When unit price items are required by the bid, the unit prices for each of the several items in the bid of each BIDDER shall include its pro-rata share of overhead, so that the sum of the products obtained by multiplying the quantity shown for each item, by the unit price bid, represents the total bid. Any bid not conforming to that requirement may be rejected as informal and non-responsive.

The special attention of all BIDDERS is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work pursuant to public competitive bidding statutes (i.e., difference in cost) shall not cumulatively increase or decrease the original Contract price by more than twenty-five (25%) percent. A proposed decrease only that exceeds twenty-five

(25%) percent of the original Contract price must be agreed to in advance by the Contractor.

5. DISCLOSURE BY BIDDER:

Each BIDDER shall submit with the bid documents, on the form furnished for that purpose, his

Pre-Bid Disclosure Statement showing his experience record in performing the type of work embraced in the contract, his organization and equipment available for the work contemplated, and, when specifically requested by the OWNER, a detailed financial statement. The OWNER shall have the right to take such steps as it deems necessary, including telephonic contact to other owner references, to determine the ability and responsibility of the BIDDER to perform his obligations under the Contract and the BIDDER shall be responsive in furnishing the OWNER all

Legal Notice 10 Bid No. 068-26 such information and data for this purpose as it may request. OWNER reserves the right to reject any bid where an investigation of the available evidence or information does not satisfy the

OWNER that the BIDDER is responsible to properly carry out the terms of the Contract. This shall also apply to any proposed subcontractor(s).

6. SUBCONTRACTS:

The BIDDER is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the OWNER, and that a Pre-Bid

Disclosure Statement for each proposed subcontractor must also be submitted with the bid documents.

7. BID SECURITY:

Each bid must be accompanied by a certified or cashier's check, or a bid bond prepared on the form of the bid bond attached hereto, duly executed by the BIDDER as principal, and having as surety therein a surety company approved by the OWNER, and authorized to do business in the State of

Texas, in the amount of not less than five (5%) percent of the total bid amount, but not less than

$2,500.00. Such checks, or bid bonds will be returned to all except the three lowest BIDDERS within fifteen (15) days after the opening of bids, and the remaining checks, or bid bonds will be returned promptly after the OWNER and the accepted successful BIDDER have executed the

Contract or if no award has been made, within Ninety (90) calendar days after the date of the opening of bids. The bid security will be returned upon demand of the BIDDER at any time thereafter, so long as he has not been notified of the acceptance of his bid.

8. ADDENDA AND INTERPRETATIONS:

No oral interpretations by OWNER and its representatives shall be binding upon OWNER as to the meaning of the Plans, Specifications, Contract Documents, or other pre-bid documents.

Any interpretation, correction, or change of the bid documents will be made by ADDENDUM only. Changes or corrections will only be issued by the Brownsville PUB Purchasing Department.

Addenda will be faxed to all who have returned the bid acknowledgment form. Addenda will be issued as expeditiously as possible. It is the responsibility of the vendors/contractors to determine whether all Addenda have been received. It will be the responsibility of all respondents to contact the Brownsville PUB Purchasing Department prior to submitting a response to the bid to ascertain if any Addenda have been issued, and to obtain any all Addenda, execute them, and return Addenda with the response to the bid. All Addenda so issued shall become part of the Contract Documents.

Addenda may also be posted on the BPUB website.

9. ELECTRONIC MODIFICATION:

Any BIDDER may modify (not originally submit) his bid by electronic communication at any time prior to the scheduled bid closing time for receipt of bids, provided such communication is received by the OWNER, in the BPUB Purchasing Department, prior to the bid closing time, and provided further, the OWNER is satisfied that a written confirmation of the electronic modification, over

Legal Notice 11 Bid No. 068-26 the original signature of the BIDDER, was also mailed prior to the bid closing time. The electronic communication should not reveal the total bid price, but only should provide the clarification, addition or subtraction, or other modification, so that the final bid prices or terms intended will not be known by the OWNER, until the original sealed bid is opened and the modification computed by OWNER.

Revised bids submitted before the opening of bids, whether forwarded by mail or email, if representing an increase in excess of two percent (2%) of the original bid submittal, must have the bid security (bid bond or check) adjusted accordingly; otherwise the bid will not be considered responsive.

If the written and originally signed confirmation of a bid revision is not received within three (3) calendar days after the bid closing time, no consideration will be given to any proposed adjustment contained in the electronic modification.

10. TIME FOR RECEIVING BIDS:

Bids received prior to the advertised hour of opening will be securely kept sealed by BPUB. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the public reading of all other bids is completed, and it is shown to the satisfaction of the OWNER that the non-arrival on time was due solely to delay in the mails for which the BIDDER was not responsible, such bid will be received and considered.

BIDDERS are cautioned that, while electronic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended, subject to rejection for non-responsiveness.

11. OPENING OF BIDS:

At the time and place fixed for the public opening of bids, the OWNER will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities therein.

12. WITHDRAWAL OF BIDS:

Bids may be withdrawn on written, or electronic transmission request dispatched by the BIDDER in time for delivery in the normal course of business prior to the time fixed for bid opening;

provided, that written confirmation of any electronic withdrawal over the signature of the BIDDER is placed in the mail and postmarked prior to the time set for bid opening. The bid security of any

BIDDER withdrawing the bid in accordance with the foregoing conditions will be returned promptly.

13. AWARD OF CONTRACT: REJECTION OF BIDS:

The Contract will be awarded to the responsive and responsible BIDDER submitting the lowest

Legal Notice 12 Bid No. 068-26 bid complying with the conditions of the Legal Notice and Invitation for Bids. The BIDDER to whom the award is made will be notified at the earliest possible date. The OWNER, however, reserves the right to reject any and all bids and to waive any informality in bids received, whenever such rejection or waiver is in BPUB’s interest.

The OWNER reserves the right to consider as not responsible, any BIDDER who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this proposed Contract. This provision is meant to prevent wholesale assignment and “brokering” of awarded contracts.

14. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND:

Subsequent to the Notice of Award and within ten (10) calendar days after the prescribed forms are presented for signature, the successful BIDDER shall execute and deliver to the OWNER an

Agreement in the form included in the Contract Documents in such number of copies as the

OWNER may require.

Having satisfied all conditions of award as set forth elsewhere in these Documents, the successful

BIDDER shall, within the period specified in the preceding paragraph, furnish a Performance Bond and Payment Bond, in accordance with the following parameters:

a.) For a Contract in excess of $100,000.00, a Performance Bond shall be executed in the full amount of the Contract, conditioned upon the faithful and timely performance of the Work in accordance with the Plans, Specifications, and Contract

Documents. Said Bond shall be solely for the protection of the OWNER.

b.) For a Contract in excess of $50,000.00, a Payment Bond shall be executed in the full amount of the Contract, solely for the protection of all proper claimants supplying labor and material in the prosecution of the Work provided for in the

Contract, for the use of each such claimant perfecting a proper claim. Payment

Bonds are required under Texas law, since no mechanics’ liens are allowed against

BPUB’s public property assets.

When bonds are required, they shall serve as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted to for labor, materials, tools, equipment, or services of any nature, including utility and transportation services employed or used by him in performing the work. Such bonds shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. These bonds shall be signed by a guaranty or surety company legally authorized to do business in the State of Texas.

The failure of the successful BIDDER to execute such Agreement and to supply the required bonds and insurance certificates within ten (10) calendar days after the prescribed forms are presented for signature, or within such extended period as the OWNER may grant in writing, based upon reasons determined sufficient by the OWNER, shall constitute a default, and the OWNER may

Legal Notice 13 Bid No. 068-26 either award the contract to the next lowest responsive and responsible BIDDER, or re-advertise for bids, and may charge against the defaulting BIDDER the difference between the amount of the defaulted bid and the amount for which a final contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting BIDDER shall have no claim against the

OWNER for a bid bond refund.

15. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:

The successful BIDDER, upon his failure or refusal to execute and deliver the Contract, Bonds and insurance certificates required within ten (10) calendar days after he has received notice of the acceptance of his bid, shall forfeit to the OWNER, as mutually agreed to liquidated damages (and not as a penalty) for such failure or refusal, the security provided in the bid bond or otherwise deposited with his bid.

16. TIME OF COMPLETION AND LIQUIDATED DAMAGES:

BIDDER agrees by submission of his bid to commence Work on the date to be specified in a written "Notice to Proceed" issued by the OWNER and to Substantially Complete the Project as provided in Article 2 of the Construction Agreement.

BIDDER agrees by submission of his bid to pay as mutually agreed to liquidated damages, and not as a penalty, the sum as provided in said Construction Agreement, Article 3.

17. NOTICE OF SPECIAL CONDITIONS:

Attention is particularly called to those parts of the Contract Documents and Specifications which address the following:

A. Inspection and testing of materials.

B. Insurance requirements.

C. Wage and Hour Provisions.

D. State Sales and Use Tax Exemption Provisions

18. LAWS AND REGULATIONS:

The BIDDER's attention is directed to the fact that all applicable federal, State and local laws, statutes, ordinances, codes and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be mutually deemed to be included in the Contract, the same as though herein written out in full.

19. EQUAL EMPLOYMENT OPPORTUNITY:

Attention of BIDDERS is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, religion, gender, sexual preference, physically challenging condition or national origin.

Legal Notice 14

20. PRE-BID CONFERENCE:

A pre-bid meeting between the OWNER, prospective bidders, suppliers, etc., will be held to answer any questions concerning the Work. No Addenda will be issued at this meeting.

Subsequent thereto, if necessary to clear up any written questions, a written Addendum will be issued by the OWNER to all pre-bid conference attendees. The pre-bid meeting will be held at the place, time and date indicated in the Legal Notice. Attendance at the Pre-Bid Conference is not mandatory, but is recommended for all contractors and suppliers interested in bidding the Work for the Project.

21. SUBMITTAL OF TRENCH SAFETY DESIGN: (RESERVED)

The apparent low BIDDER shall provide the OWNER with a Trench Safety System Plan and a certificate signed and sealed by a Registered Professional Engineer licensed by the State of Texas, within 21 calendar days after the date of the opening of Bids prior to award of the Contract. Failure to timely comply may disqualify BIDDER.

22. INFORMATION TO BE SUBMITTED WITH BID:

Each BIDDER shall submit with his bid pertinent information concerning proposed equipment and materials and proposed construction organization.

a) Equipment and Materials. In addition to the information submitted on the bid and bid data forms, each BIDDER shall submit all specifications, preliminary drawings, and similar descriptive information necessary to describe completely the equipment and materials he proposes to furnish.

The bid shall be based on using new equipment and materials which comply with the

Specifications and Documents in every respect, unless existing equipment is specifically noted by

OWNER for reuse. If alternate or "equal" equipment and materials are indicated in the bid, it shall be understood that the OWNER will have the option of selecting any one of the alternates so indicated and such selection shall not be a cause for extra contractor compensation or extension of time. OWNER specifically reserves the legal right to specify “sole source” equipment or materials in the Specifications when unique circumstances warrant.

b) Contractor's Field Organization and Safety Record.

(i) An organization chart showing the names of field management, supervisory, technical personnel, and number of employees/workforce available and the details of the management, supervisory, and technical organization which he proposes to use for this project. The successful BIDDER's organizational concept will be subject to the review and acceptance of the OWNER.

(ii) The experience record of the Contractor's field superintendent(s) shall be submitted with the bid.

(iii)The Contractor’s job-safety record summary for the previous five (5) years

(iv) The two most recent year’s Financial Statements

(v) List of three (3) projects completed by CONTRACTOR of both similar size and

Legal Notice 15 scope over the past five (5) years

23. PREFERENCE LAW:

Bid evaluations will take into consideration any Preference Laws of the State of Texas, and any reciprocity laws of other states as they may be addressed by current Texas law.

24. SUBSURFACE GEOLOGIC CONDITIONS: (RESERVED)

Each BIDDER shall be responsible for determining prior to bidding, the types of subsurface materials which will be found in the event that any new footings and upright structural supports for the Project are required. If test borings have been made on the Project site by the BPUB or its consultants, the locations and logs of the test borings are bound as an appendix to these

Specifications and Documents.

It is to be expressly understood and acknowledged by the BIDDER, that any information on subsurface geology made available by OWNER for BIDDER'S convenience shall not be a part of the Contract Documents and there is no expressed or implied guarantee of the data given, nor of the interpretation thereof.

All excavation for this Project will be unclassified and the BIDDER shall be responsible for investigating and satisfying himself of subsurface geologic conditions (including the presence or likelihood of encountering soils requiring dewatering, rock or rock-like materials) prior to submitting his bid, which shall include any and all costs BIDDER associates with avoiding, managing or removing said subsurface geologic conditions without claim for extra compensation against OWNER.

25. DISPOSAL OF EXCESS MATERIALS:

After completion of this Project there may be in some instances an excess of spoil material or waste material left over. In such cases where there is an excess of material, BIDDER shall load and haul it away from the job site and dispose of it in a legal manner so as not to: trespass;

adversely impact any protected wetlands; adversely impact the 100 year flood plain; adversely impact any endangered species; or otherwise create drainage diversions or impoundments. No extra remuneration for this Work will be allowed.

26. EROSION AND SEDIMENT CONTROL MEASURES:

The BIDDER is expected to conduct his Work in such a manner as to minimize any soil erosion or sediment runoff from the construction site. Earth cuts and fills shall have smooth, flat side slopes, as generally indicated on the PLANS, to preclude erosion of the soil. Such operations should be timed consistent with the actual need for doing the Work and only to leave raw, unprotected surfaces for a minimum of time.

Existing lawns are to remain intact as far as practical. Such areas as are disturbed shall be duly

Legal Notice 16 Bid No. 068-26 restored by the BIDDER to as good as or better than original condition using the same type of grass, shrubs, or cover as the original. The BIDDER shall be responsible for correcting any erosion that occurs at his sole cost without claim for extra compensation.

As construction progresses, and in accordance with State and federal laws regulating storm water runoff and management from construction sites greater than five acres in size, if applicable, (See:

Section 405 of the Water Quality Act of 1987, Section 402(P) as amended), and at locations where erosion with sediment runoff occurs or is likely to occur, the BIDDER shall construct temporary ditches, perimeter siltation screens, retainage levees, drains, inlets, or other works to manage, prevent, or correct the possible conditions. Upon completion of the Work, such facilities shall be removed.

During construction, the BIDDER shall take the necessary precautions to see that erosion is controlled and sediment runoff is prevented so as to protect the quality of any neighboring water bodies.

27. SAFETY PROVISIONS:

BIDDER shall provide barricades, flares, warning signs, and/or flagmen so that danger and inconvenience to the OWNER, public, and any job site working personnel, will be mitigated. In addition to any other requirements of the Contract Documents, the BIDDER shall be responsible for familiarity and compliance with all Federal (OSHA), State, railroad and local safety rules, laws and requirements.

28. PROTECTION OF PROPERTY AND EXISTING UTILITIES:

Within developed areas, all public and private property along and adjacent to the BIDDER'S operations, including roads, driveways, lawns, yards, shrubs, drainage gradients, and trees, shall be adequately protected, and when damages occur, they shall be repaired, replaced, or renewed or otherwise put in a condition equal to, or better than, that which existed before the BIDDER caused the damage or removal.

An attempt has been made by BPUB to show all known existing utilities on the PLANS, but the possibility remains strong that some underground utilities may exist that have not been shown.

The BIDDER, through mandatory contact with local utility owners, shall keep himself informed and take such precautions as necessary to avoid utility damage and unsafe working conditions for employees.

29. WAGES AND HOURS:

The most recent wage rate determination from the U.S. Department of Labor for Cameron County, Texas as amended within the previous three (3) years and as locally adopted by the BPUB, is a part of these Specifications and controls minimum wage, hour and any fringe benefits, with the exception that no wage shall be paid below $8.00 as established locally by the BPUB.

A copy of the appropriate (building and/or heavy/highway) wage rate schedule(s) must be posted

Legal Notice 17 Bid No. 068-26 at the job site in both English and Spanish and kept posted in a conspicuous place on the site of the Project at all times during construction. The BIDDER shall familiarize himself with the included General Conditions Section entitled "Wage and Labor Standard Provisions - 100% Non-

Federally Funded Construction." Copies of the wage rate schedule(s) are included herein, but the responsibility for initial posting and keeping same posted, rests upon the BIDDER.

30. GUARANTEE:

The BIDDER shall warranty and guarantee the Work, equipment and materials for a period of at least one (1) year after date of final acceptance in writing by the OWNER. During this period, the

BIDDER shall make any repairs and/or replacements of defective equipment and materials and corrections of Work due to poor workmanship, all as may be required for full compliance with the

General Conditions, Plans and Specifications. This combined workmanship quality guarantee, and minimal equipment and materials warranty, shall apply to all matters reported by the OWNER in writing within said one (1) year period and this post-construction guarantee/warranty period shall be included in the coverage period set forth in the Performance Bond.

31. STATE SALES AND USE TAX EXEMPTION:

Pursuant to 34 Texas Administrative Code 3.291, in order for the Brownsville PUB to continue to benefit from its status as a State Sales and Use Tax Exempt Organization, after August 14, 1991, construction contracts must be awarded on a "separated contract" basis. A "separated contract" is one that distinguishes the value of the tangible personal property (materials such as pipe, bricks, lumber, concrete, paint, etc.) to be physically incorporated into the Project realty, from the total

Contract price. Under the "separated contract" format, the Contractor in effect becomes a "seller" to the Brownsville PUB of materials that are to be physically incorporated into the Project realty.

As a "seller", the Contractor will issue a "Texas Certificate of Resale" to the supplier in lieu of paying the sales tax on materials at the time of purchase. The contractor will also issue a

"Certificate of Exemption" to the supplier demonstrating that the personal property is being purchased for resale and that the resale is to the Brownsville PUB, which is a sales tax exempt entity under UTCA Tax Code Section 151.309(5). Contractors should be careful to consult the most recent guidelines of the State Comptroller of Public Accounts regarding the sales tax status of supplies and equipment that are used and/or consumed during project work (gas, oil, rental equipment), but that are not physically incorporated into the project realty. Such items are generally not tax exempt. Contractors that have questions about the implementation of this statute are asked to inquire directly with the State Comptroller of Public Accounts, Tax Administration

Division, State of Texas, Austin, Texas 78774. Bidders will not include any federal taxes in bid prices since the City of Brownsville and Brownsville PUB are exempt from payment of such federal taxes. "Texas Certificates of Exemption", "Texas Certificates of Resale" and "Texas Sales

Tax Permits" are forms available to the Contractor through the regional offices of the State

Comptroller of Public Accounts.

Bid Schedule 18 Bid No. 068-26

BID

B068-26

Place: BPUB Purchasing Department

Due Date: - October 14, 2026 by 5:00 PM

Bid of _____________________________________ hereinafter called “BIDDER,” a

______________________ (insert type of legal entity e.g. corporation, partnership, individual with d/b/a, etc.) organized and existing under the laws of the State of _________.

To: the Public Utilities Board of the City of Brownsville, Texas, hereinafter called

“OWNER.”

Gentlemen:

The undersigned BIDDER, in compliance with your Invitation to Bid for the ATLAS

SUBSTATION TESTING AND COMMISSIONING, having read and examined the Plans and

Specifications with related Documents and visited the site of the proposed Work, and being familiar with all of the federal, state and local conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, equipment and supplies, and to construct the project in accordance with the contract documents, within the time set forth herein, and at the Total Base Bid Amount prior to

OWNER options on additive/deductive alternates of: (in words and numeric figures)

___________________________________________________. These price(s) are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this bid is a part. These price(s) are firm and shall not be subject to adjustment, provided this Bid is accepted by OWNER within ninety (90) calendar days after the time set for receipt of bids.

BIDDER hereby agrees to commence Work under this Contract on or before a date to be specified in a written "Notice to Proceed" to be issued by the OWNER.

BIDDER agrees to perform all Work for which he contracts as described in the Plans and

Specifications for the unit prices and/or lump sums shown on the attached Bid Schedule.

Bid Schedule 19 Bid No. 068-26

BID SCHEDULE

BASE BID - B068-26

BROWNSVILLE PUBLIC UTILITIES BOARD

The Bidder, in compliance with the Invitation for Bids for the ATLAS SUBSTATION

TESTING AND COMMISSIONING, having examined the scope of work and written

Specifications, hereby proposes to furnish construction services for the following lump sum.

DESCRIPTION OF SERVICES LUMP SUM

1. Testing and commissioning of the Atlas Substation $

TOTAL AMOUNT OF BID (ITEM 1): $

(written in words)

NOTE: Quantities are estimated. The Brownsville PUB reserves the right to increase or decrease quantities as allowed by Texas law (plus or minus 25%) and as deemed necessary by OWNER, without impacting the quoted unit prices. Prospective bidders are encouraged to visit and assess the existing Project site and structures prior to submitting a bid.

BIDDER Acknowledges receipt of the following Addenda:

SUBCONTRACTORS. The undersigned BIDDER proposes that he will be responsible to perform major portions of the Work at the Project site with his own forces and that specific portions of the Work not performed by the undersigned will be subcontracted and performed by the following subcontractors.

Work Subcontracted Name of Subcontractor

Bid Schedule 20 Bid No. 068-26

Bid amounts are to be legibly shown in both words and figures. In case of discrepancy, the unit price shown in words will govern.

The above unit prices shall include all labor, materials, excavation, bailing, shoring, removal, backfill, overhead, profit, insurance, etc., to cover the finished Work of the several kinds called for.

BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding.

BIDDER agrees that this bid shall be good and may not be withdrawn for a period of ninety

(90) calendar days after the scheduled bid opening.

The undersigned hereby declares that only the persons or firms interested in the bid as principal or principals are named herein, and that no other persons or firms than are herein mentioned have any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company, or parties likewise submitting a bid or bid;

and that it is in all respects for and in good faith, without collusion or fraud.

Upon receipt of written notice of the acceptance of this bid, BIDDER will execute the formal

Contract attached within ten (10) days and deliver the Bonds and Insurance Certificates as required under the GENERAL CONDITIONS. The Bid security attached in the sum of

__________________________________ ($___________) is to become the property of the

OWNER in the event the Contract, Bonds, and insurance certificates are not executed or delivered within the time above set forth, as mutually agreed to liquidated damages and not as a penalty for the delay and additional administrative expense to the OWNER caused thereby; otherwise the Bid security will be returned upon the signing of the Contract and delivering the approved Bonds and insurance certificates.

Seal affixed here if BID is by a Corporation:

Respectfully submitted, By:

Signature (failure to sign disqualifies bid)

Bid Schedule 21 Bid No. 068-26

Title

Address

Attest:

Bid Bond 22 Bid No. 068-26

BID BOND

STATE OF TEXAS §

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF CAMERON §

THAT WE, the undersigned, ________________________________________

______________________________________________ as Principal, and

______________________________ as Surety, are hereby held and firmly bound unto the

PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS as OWNER in liquidated damages (not as a penalty) of __________________ ____________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this ________________ day of ______________________, 20____.

The Condition of the above obligation is such that whereas the Principal has submitted to the

OWNER a certain BID attached hereto and hereby made a part hereof to enter…