REQUEST FOR BID

RAYBURN – EAST 69kV REROUTE PROJECT

TRANSMISSION LINE CONSTRUCTION

Date Issued: August 31, 2026

RFB No. 037-11-26

ELECTRONIC/SEALED BIDS TO BE SUBMITTED BY:

2:00 PM ON WEDNESDAY, SEPTEMBER 30, 2026

Bidder’s Name: __________________________________________

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CONTENTS

NOTICE TO BIDDERS

DISCLOSURES

SCHEDULE OF EVENTS

GENERAL PROVISIONS

LIQUIDATED DAMAGES

PAYMENT

BOND REQUIREMENTS

BOND FORMS

PROPOSAL SUMMARY SHEET

DEVIATIONS

BIDDER QUALIFICATIONS

REFERENCES

CERTIFICATION OF BID

SAMPLE CONTRACT

EXHIBIT C – INSURANCE REQUIREMENTS

INTRODUCTION

SCOPE OF WORK

DEFINITIONS

SCOPE OF WORK – BTU SECTIONS

SCOPE OF WORK – ETI SECTIONS

BTU SPECIFICATIONS FOR TRANSMISSION LINE CONSTRUCTION

Section 22010 General Description and Scope of Work

Section 22020 Access Roads/Yards

Section 22030 Overhead Crossings

Section 22040 Drilled Pier and Direct Embed Pole Foundation

Section 22050 Concrete Pole Structures

Section 22060 Tubular Steel Pole Structures

Section 22070 Insulators

Section 22080 Conductors

Section 22090 Removals

ENTERGY CONSTRUCTION SPECIFICATIONS

TO010101 General Guidelines

TO010201 Technical Guidelines

TO010403 Concrete & Steel Pole Structure

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TO010901 Grounding & Cathodic Standards

TO011002 Conductor, Shield Wire & Fiber Optic Ground Wire Standards

TO011302 Right of Way Clearing

TO011602 Concrete Drilled Pier Foundation Specification

TO011801 Right of Way Fence

TO012100 Construction Site Cleanup

TO012301 Concrete General Construction

ES010100 Erosion and Sediment Control Measures

ES020100 Seeding, Fertilizing and Mulching

APPENDICES ..................................................................................... SEPARATE ATTACHMENTS

APPENDIX A – OWNER FURNISHED MATERIAL

APPENDIX B – CONSTRUCTION BID UNITS

APPENDIX C – DRAWINGS

APPENDIX D – GEOTECHNICAL REPORT

APPENDIX E – TxDOT PERMITS

APPENDIX F – PROJECT LAYOUT (kmz file)

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NOTICE TO BIDDERS

MANDATORY PRE-BID MEETING

Tuesday, September 15, 2026 @ 9:30 AM CST

BTU Distribution Conference Room 2301 Fountain Avenue, Bldg. 250

Bryan TX 77801

In order to ensure a fair and objective RFB process and evaluation, all questions and inquiries related to this Request for Bid shall be addressed in writing via the Brazos Valley Online Bidding System (http://brazosbid.ionwave.net/) to the individual identified above. The deadline for written questions and inquiries is Tuesday, September 22, 2026 at 3:00 PM CST. Contact with any BTU employee or official is prohibited without prior written consent from the Purchasing Department or designee. Bidders contacting any other employee(s) or official(s) without prior written consent risk elimination of their Bid from further consideration.

Electronic/Sealed bids will be accepted until 2:00 PM CST, Wednesday, September 30, 2026 and publicly acknowledged via Zoom (link below) immediately following the opening. Any Bid received on or after 2:00 PM CST will not be accepted.

Link: https://us02web.zoom.us/j/82659693715?pwd=Iltys7c8FClaBx1IDapAPi6ACYya0b.1 Meeting ID: 826 5969 3715 Passcode: 639261 Dial In: 1-346-248-7799

You may upload one (1) electronic bid response to the City’s procurement website at https://brazosbid.ionwave.net/. The electronic submission must include all required elements of the bid, such as pricing, required forms, and supporting documentation. Please note: The City of Bryan is not responsible for high internet traffic or technical issues at or near the submission deadline. Bidders who submit during peak traffic times assume the risk that their response may not be received by the due date and/or time.

Alternatively, if you choose to submit a hard copy, one (1) original bid response must be returned in a sealed envelope clearly bearing the name and address of the respondent. Sealed bid responses will be accepted until 2:00 PM CST, Wednesday, September 30, 2026 and shall be delivered to the location noted below:

Bryan Texas Utilities – Purchasing Department

RFB #037-11-26

Catherine Benavides, Buyer 2611 N Earl Rudder Fwy

Bryan, Texas 77803

The RFB is on file and may be examined at the Purchasing Department Office at 2611 N. Earl Rudder Fwy, Bryan, Texas and may be obtained by prospective Bidders by calling (979) 209-5500; also available online at https://brazosbid.ionwave.net/.

BTU believes that the data contained in this RFB is sufficient for the preparation of a full response.

Requests for additional information will be considered depending on the RFB time frame and the availability of the requested information. Such information will be submitted to all known Bidders simultaneously.

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DISCLOSURES

Disclosure Requirements

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Bryan/Bryan Texas Utilities, including affiliations and business and financial relationships such persons may have with City/BTU officers. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the new law are available at http://www.bryantx.gov/purchasing-services/#vendorethics. If you are unable to obtain such information online, please contact BTU Purchasing at 979-209-5505 or mail purchasing@bryantx.gov for further assistance regarding Chapter 176.

BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH BRYAN TEXAS UTILITIES, YOU

ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE REQUIREMENTS OF CHAPTER

176 OF THE TEXAS LOCAL GOVERNMENT CODE AND THAT YOU ARE SOLELY

RESPONSIBLE FOR COMPLYING WITH THEM.

DISCLOSURE OF INTERESTED PARTIES

Section 2252.908 of the Government Code states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The process as implemented by the Commission is as follows:

1. A business entity must use the application to enter the required information on Form 1295 and print a copy of the form and a separate certification of filing that will contain a unique certification number.

2. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 and certification of filing must be filed with the city “at the time the business entity submits the signed contract” to the city.

3. The city must notify the Commission, using the Commission’s filing application, of the receipt of the filed Form 1295 and certification of filing not later than the 30th day after the date the contract binds all parties to the contract.

For more information regarding how to file Form 1295, please click on the following link:

https://www.ethics.state.tx.us/filinginfo/1295/

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SCHEDULE OF EVENTS

BIDDING AND CONSTRUCTION SCHEDULE:

TRANSMISSION LINE CONSTRUCTION - RAYBURN – EAST 69kV REROUTE PROJECT

Notice and Instructions to Bidders (Documents Available)

Pre-bid Meeting (Mandatory)

Deadline for Questions/Clarification of Bid

Bid Due and Opening

Earliest Bid Award

Anticipated Board Approval

Pre-Construction Conference

Anticipated Construction Commencement

Energization

Demobilization

August 31, 2026

September 15, 2026 @ 9:30 AM

September 22, 2026 @ 3:00 PM

September 30, 2026 @ 2:00 PM

October 2026

November 2026 or earlier

November 19, 2026

January 4, 2027

April 26, 2027

May 14, 2027

The above dates except for Construction Commencement and Energization are for planning purposes only and are not contractual obligations. Dates are subject to change due to Transmission outages being scheduled through ERCOT.

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GENERAL PROVISIONS

REQUEST FOR BIDS – TERMS AND CONDITIONS

In order to simplify the language throughout this request for bids, the following definitions shall apply:

BTU – Bryan Texas Utilities

BTU BOARD OR BOARD – The officials appointed to the Bryan Texas Utilities Board who have been given the authority to exercise such powers and jurisdiction of BTU business as conferred by the City of Bryan’s Charter and Code of Ordinances.

BTU PROJECT MANAGER – BTU’s Manager or duly authorized assistants, employees, or agents, including any inspectors or others designated by BTU’s Project Manager.

CITY – Same as City of Bryan

CONTRACT – An agreement between the City and a Vendor to furnish products over a designated period of time during which repeated purchases are made of the commodities specified.

CONTRACT DOCUMENTS – The advertisement, Instructions to Offerors, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Proposals).

BIDDER – Organization submitting a response to this RFB.

SUBCONTRACTOR – Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this request for proposal.

CONTRACTOR/VENDOR – The successful Bidder(s) of this bid request

RFB – Request for Bids

Instructions The following instructions apply to all bids and become a part of the terms and conditions of any bid submitted, unless bidder takes exception in writing when submitting bid.

Legislative Acts Pursuant to Texas Government Code 2252.152, contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organizations are prohibited; a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Government Code Sections 806.051, 807.051, or 2252.153.

Pursuant to Government Code 2270.002, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

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Form Bid must be submitted on this form only, in single copy, unless otherwise stated. All bids submitted must be itemized with prices extended when practical.

Bid Return Bid must be received, and to ensure proper recognition upon arrival, list the Bid Number on the outside of your envelope.

Authorized Signature Bids must show full firm name and mailing address of bidder and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature should appear on each page of bid where spaces are provided. Submission of a signed bid will be interpreted to mean that bidder has hereby agreed to all terms and conditions set forth in all of the sheets which make up this invitation.

Late Bids Bids must be received at the location indicated in the bidding documents and received prior to the time indicated on this form. Late bids will not be opened and will be returned to the bidder upon written request.

Withdrawal-Alteration of Bids Bids cannot be altered after receiving time or opening time. No bid may be withdrawn after opening time without acceptable reason in writing and with the approval of Bryan Texas Utilities

Firm Prices Bid prices must be firm for a minimum of 90 days from the date of bid opening.

Taxes The City of Bryan and BTU are exempt from Federal Excise, State Sales and Transportation Taxes. TAX MUST NOT BE INCLUDED IN BID. Upon request BTU will execute Tax Exemption Certificates. The City of Bryan is statutorily exempt from State and Local Sales tax and a permit number is not required.

Quantities BTU has the right to adjust line-item quantities up and down at least 5% without incurring any penalty from the vendor.

Error-Quantity Bids must be submitted on units of quantity specified. In the event of errors in extended prices, the unit price shall govern. Any suggested quantity to secure better prices is welcomed. When discrepancies occur between words and figures, the words shall govern.

Delivery Bids must show the number of consecutive calendar days required to deliver the materials, services or equipment under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within ten (10) days after number of days specified on bid, entire order may be canceled and bidder’s name removed

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All deliveries are to be made to Bryan Texas Utilities - storage facilities are located at or near the TEC-Bryan Warehouse at 2301 Fountain Avenue, Bryan, TX, unless otherwise specified in the Bid Request or Purchase Order. Deliveries will be accepted only during normal working hours on normal working days. Unless otherwise indicated, items received must be new and in first-class condition. Types of materials normally packaged for protection and convenience in storage shall be in the proper containers.

F.O.B.- Damage Bids will not be considered unless bid F.O.B. delivered Bryan, Texas. If shipping costs are not included in the unit bid price, bidder must give exact delivery cost, which is to be prepaid or added to the invoice. Bryan Texas Utilities assumes no liability of goods delivered in a damaged or unacceptable condition.

Lump Sum Bids Lump sum bids will be considered only if unit prices are quoted also. However, the totals of such quoted unit prices and the lump sum bids will not be considered if the price quoted also involves prices of commodities requested on an entirely separate bid request.

All-Or-None Bids All-or-none bids will be considered only if bidder quoted prices on all items requested. If a bidder desires the City to consider an all-or-none bid, it must be stated on the deviations page. All-or-none bids will not be considered if prices quoted involved prices of items and services requested on an entirely separate bid request.

Best Value All bidders are hereby notified that BTU shall consider all factors it believes to be relevant in selecting the offer that provides the best value, including, but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for BTU, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, and the bidder’s past performance under contracts with BTU or the City, the bidder’s compliance with City ordinances.

No Exclusion or Particular Vendor or Manufacturer BTU is committed to obtaining its goods, products and services at the lowest price possible which benefits all the citizens of Bryan. Therefore, in order to accomplish this objective/goal, it is not the intention of BTU neither to exclude particular vendors or manufacturers. Names, trade names, brand names, catalog numbers, technical data, etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and services of any manufacturer or vendor equal to the products and services described in the specifications are invited and will be given careful

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“In literal compliance” in reference to standards and specifications shall mean meeting or exceeding of all or nearly all of the said standards and specifications. If BTU determines the standards and specifications are in literal compliance where not all standards and specifications have been met or exceeded, BTU must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder product any less usable for the purpose for which it is intended.

Right to Reject Bids Bryan Texas Utilities reserves the right to accept or reject any or all bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for Bryan Texas Utilities. Causes for rejection of a bid may include, but shall not be limited to, the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with BTU or the City.

Bidders may be disqualified and rejection of proposals may be recommended for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by BTU;

2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among bidders; 5) Omission of uncertified personal or company check as a proposal guarantee (if Bid Bond required); or

6) Unauthorized alteration of bid form. BTU reserves the right to waive any minor informality or irregularity.

Award of Contract The bid award may be based on, but not necessarily limited to, the following factors:

a. The purchase price, including payment discount terms;

b. The reputation of the bidder and of the bidder’s goods or services;

c. The quality of the bidder’s goods or services;

d. The extent to which the goods or services meet BTU’s needs;

e. The bidder’s past relationship with BTU;

f. The total long-term cost to BTU to acquire the bidder’s goods or services; and

g. Any relevant criteria specifically listed in this request for bid.

The City prefers to award the entire contract to a single Contractor; although, the City reserves the right to award multiple contracts to secure the best value for BTU.

Term of Contract This contract shall become effective from date of acceptance and approval by BTU. It shall remain in full force and effect with firm fixed bid prices for a period of twelve (12) months.

Assignment of Contract This contract cannot be transferred or assigned to another party without written consent of BTU’s Purchasing Agent and may be subject to cancellation if such consent is requested.

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Liquidated Damages Liquidated damages of five thousand dollars ($5,000) shall be charged against the account of the selected contractor for each day that completion of the Rayburn – East 69kV Reroute Project. Project work under the contract is delayed past May 14, 2027. This amount is agreed to be fair and adequate compensation for damages suffered by the Owner due to said delays.

Contract Termination BTU may terminate this Contract at any time upon thirty (30) calendar days written notice.

Upon the Vendor’s receipt of such notice, the Vendor shall cease work immediately. The Vendor shall be compensated for the services satisfactorily performed prior to the termination date.

If, through any cause, the Vendor fails to fulfill its obligations under this Contract, or if the Vendor violates any of the agreements of this Contract, BTU has the right to terminate this Contract by giving the Vendor five (5) calendar days written notice. The Vendor will be compensated for the services satisfactorily performed before the termination date.

Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the Vendor’s name from the bidder’s list for receiving future bids.

No term or provision of this Contract shall be construed to relieve the Vendor of liability to BTU for damages sustained because of any breach of contract by the Vendor. BTU may withhold payments to the Vendor for the purpose of setoff until the exact amount of damages due to BTU from the Vendor is determined and paid.

Payment of Invoices Invoices must be submitted by the successful bidder in duplicate to Bryan Texas Utilities, Fiscal Services, P.O. Box 1000, Bryan, Texas 77805, (979) 821-5855.

1. The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Project Manager in writing, will be made by the Project Manager.

2. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, nor in any way prejudice or affect the obligation of the Contractor to repair, correct, or replace, at his own expense, any defects, imperfections, or damages resulting from defects or imperfections in the construction. The Project Manager shall be the sole judge of such defects, imperfections, or damage.

Any item of work not covered in the proposal will not be paid for directly, but shall be considered as subsidiary to a regular bid item.

3. Retainage As security for the faithful and satisfactory completion of the work by the Contractor, BTU may retain five percent (5%) of the total dollar amount of work completed on all contracts until acceptance by BTU.

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Neither the final payment nor any part of the retained percentage shall become due until the CONTRACTOR, if required, shall deliver to BTU a complete release of all liens arising out of this Contract, or receipt in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the CONTRACTOR may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to BTU, to indemnify BTU against any lien. If any lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to BTU all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney’s fees.

4. Final Acceptance Whenever the improvement provided for by the contract shall have been completely performed on the part of the Contractor, the Contractor shall notify the Project Manager that the improvements are ready for final inspection. The Project Manager will then make such final inspection, and if the work is satisfactory and in accordance with the Specifications and Contract, he will give the Contractor a written Letter of Acceptance.

5. Final Payment Whenever the improvements provided for by the contract shall have been completely performed on the part of the Contractor as evidenced by the Project Manager in the Letter of Acceptance, a final estimate showing the value of the work will be prepared by the Project Manager. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate less any sums previously paid under the provisions of the contract, will be paid the Contractor within thirty (30) days after final acceptance provided the Contractor has furnished the Owner satisfactory evidence that all sum of money due for any labor, materials, apparatus, fixtures, or machinery furnished for and used in the prosecution of the work, or that the person or persons to whom the same may respectively be due have consented to such final payment. The acceptance by the Contractor of the last payment as aforesaid shall operate as and shall release the Owner from all claims and liabilities under the contract or for any act or neglect of said Owner relating to or connected with the contract.

6. Guarantee of Work The Contractor shall guarantee the work against defective materials and workmanship for a period of one (1) year from the date of a letter of final acceptance by the Owner. Should defective workmanship occur, the Contractor shall have seven

(7) working days, after written notice of sale is given to him by the Owner, to make any and all repairs at his own expense. If the Contractor fails to correct the defect within the seven (7) working days, the Owner may make the necessary repairs and charge the Contractor with the actual cost of all labor, materials and equipment time required.

Liability The successful bidder shall be liable for all damages incurred while in the performance of services pursuant to this request.

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Material Safety Data Sheets MSDS’s must be provided prior to or with receipt of order, and when revised. Containers must be properly labeled and identified in accordance with the OSHA Hazard Communication Standard. Improperly labeled containers will result in refusal of the shipment and possible change in vendors.

Patents, Franchises, etc.

The successful bidder agrees to indemnify Bryan Texas Utilities from any claim involving patent right infringements, copyrights or sales franchises.

No Bids If bidder is unable to quote, the bid form should be returned to the purchasing agent before opening time, and reason given for not bidding if bidder desires to bid on future purchases.

Addenda In the event of a needed change in the published bid documents, it is understood that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.

All published addenda shall be signed and included with the response package as acknowledgement of the addendum. Bidders are responsible for obtaining all published addenda from BTU or by downloading these documents from the BTU website. BTU assumes no responsibility for the Bidders failure to obtain or properly submit any addendum.

Failure to acknowledge and submit any addendum may be cause for the bid to be rejected.

BTU’s decision to accept or reject any particular bid due to a failure to acknowledge and submit addenda shall be final.

Fiscal Funding BTU operates and is funded on a fiscal year basis; accordingly, BTU reserves the right to terminate, without liability, any contract for which funding is not available. Renewal of contract will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. BTU reserves the right to rescind the contract at the end of each fiscal year if it is determined that there are insufficient funds to extend the contract.

Court Jurisdiction BTU and the successful Vendor agree that the contract awarded from this Request for Bid shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas.

Basic Safeguarding of Contractor Information Systems A. The Contractor shall apply basic safeguarding requirements and procedures to protect the Contractor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process

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B. Contactor shall include the substance of this clause in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system.

Indemnification Contractor shall defend, indemnify and save harmless BTU and all its officers, agents, and employees from suits, actions, or claims brought for or on account of any injuries or damages received or sustained by any person or persons or property to the extent caused by the Contractor’s negligent performance of the services, or by or on account of claims or amounts recovered under the Worker’s Compensation Law or other law, ordinance, order or decree, and his sureties shall be held until such suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to the effect furnished to BTU. Contractor shall defend, indemnify and save harmless BTU, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by BTU, its officers, agents or employees, however such indemnification shall extend only to that portion of the damage caused by Contractor’s negligence.

Insurance Contractor agrees to have and maintain the policies set forth in the insurance requirements attached as Exhibit C. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so, approved in writing by the City. A lapse in any required coverage shall be a breach of this Contract.

Independent Contractor Contractor acknowledges that Contractor is independent contractor and not an agent or employee of BTU. The Contractor and its employees are not the agents, servants, or employees of BTU. As an independent contractor, the Contractor shall be responsible for the services contemplated under this Contract. Except for materials furnished by BTU, the Contractor shall supply all materials, equipment, and labor required for the services to be provided under this Contract. The Contractor shall have ultimate control over the execution of the services. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and BTU shall have no control of or supervision over the employees of the Contractor or any of the Contractor’s subcontractors.

Examination of Site Proposers are required, prior to submitting any proposal, to read the specifications carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion and obtain all

RFB 037-12-26 Rayburn - East 69kV Reroute Project - Transmission Line Construction Page 14 of 429 information required to make an intelligent proposal. No information given by BTU, other than that contained in the specifications shall be binding upon BTU. Proposers shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the proposer has made the examination, investigations and test required herein.

Texas Prompt Payment Act Contractor shall comply with The Texas Prompt Payment Act which requires the contractor to pay their subcontractors within ten (10) calendar days after they receive payment from

BTU.

Bond Requirements Bid Bond - A certificate or cashier's check on a state or national bank of the State of Texas, or a Bid Bond from an acceptable surety company, authorized to transact business in the State of Texas, in the amount of no less than five percent (5%) of the total bid amount must accompany each bid proposal as a guarantee that, if awarded the bidder, the bidder will within ten (10) calendar days after award of bid enter into contract and execute Payment and Performance bonds on the forms provided in the contract documents, if applicable.

Reimbursement of Cashier Check Bid Bonds will be made within fifteen (15) working days from the date the Bryan Texas Utilities and the successful bidder enters into the contract.

When the contract amount is $50,000 or more, a Payment Bond in an amount of not less than one hundred percent (100%) of the contract price, conditioned upon payment to all persons supplying labor and materials, shall be executed by the successful bidder and shall accompany the signed contract.

When the contract amount is $100,000 or more, a Performance and a Payment Bond in an amount of not less than one hundred percent (100%) of the contract price, conditioned upon faithful performance of the contract in accordance with the plans, specifications and contract documents and payment to all persons supplying labor and materials, shall be executed by the successful bidder and shall accompany the signed contract.

No sureties will be accepted by BTU who are now in default or delinquent on any bonds or who are an interested party in any litigation against BTU or the City. All bonds shall be made on forms furnished by BTU, and shall be executed by an approved surety company authorized to do business in the State of Texas and acceptable to BTU. Each bond shall be executed by the Contractor and the sureties.

Should any surety on the contract be determined unsatisfactory at any time by the BTU Board or City Council, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to BTU. No payment will be made under the contract until the new surety or sureties, as required, have been accepted by BTU.

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PERFORMANCE BOND

Bond No.

STATE OF TEXAS

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS That of the City of , County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Bryan, Texas a home rule municipality d/b/a Bryan Texas Utilities (Owner), in the penal sum of

($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , to furnish all labor, materials and equipment necessary for completing which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and the Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Government Code, Vernon’s Texas Civil Statues and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein.

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Performance Bond Cont.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performable and enforceable in Brazos County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

Principal Surety

By By

Title Title

Address Address

The name and address of the Resident Agent of Surety is:

Corporation Seal if Corporation.

Bonding Company Seal if Bonding Company.

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PAYMENT BOND

Bond No.

STATE OF TEXAS

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS That of the City of , County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Bryan, Texas a home rule municipality d/b/a Bryan Texas Utilities (Owner), in the penal sum of:

($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , to furnish all labor, materials and equipment necessary for completing which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void;

otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Government Code, Vernon’s Texas Civil Statues and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein.

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Payment Bond Cont.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performable and enforceable in Brazos County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

Principal Surety

By By

Title Title

Address Address

The name and address of the Resident Agent of Surety is:

Corporation Seal if Corporation.

Bonding Company Seal if Bonding Company.

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Appendix B must be completed and included as part of your bid submittal.

The undersigned proposes to perform the materials construction as specified in the attached documents in compliance with all specifications included herein. All prices offered above are firm unless exception is noted as provided in the Instructions to Bidder’s section.

A. Unit Adjusting Prices

The unit prices quoted in each division may be used to adjust the total price (additions or deletions) in accordance with the applicable requirements of the General Conditions to compensate for modifications to the work. Each unit adjustment price is the total cost of the specific unit of work to be billed to the Owner for additions or to be deducted from the Contract amount for deletions. Each unit price is a firm price, includes furnishing and installing complete the specific unit designated, and includes all associated costs and overhead and profit markup.

B. Proposal Summary

REFER TO: APPENDIX B – BID UNIT PROPOSAL FORM

ITEM LABOR MATERIAL

Extended Contractor Material $

Extended Contractor Labor $ $

TOTALS $ $

EXTENDED TOTAL

CONTRACTOR LABOR & MATERIAL $

CONTINGENCY

(20% of Extended Total) $

TESTING ALLOWANCE $ 15,000.00

TOTAL BID AMOUNT: $

PROPOSAL SUMMARY SHEET

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C. Subcontractors

A list of all subcontractors of any kind must be submitted to Owner at the time of bid submission.

The undersigned proposes that he will perform the majority of the work (at least 50% of the total work) at the project site with his own forces and that specific portions of the work not performed by the undersigned will be subcontracted by the following subcontractors. The Owners have the right to reject any subcontractor. All subcontractors must be listed below.

Work Subcontracted Name of Subcontractor

D. Addenda

The undersigned Bidder acknowledges receipt of the following addenda, which have been considered in preparing this proposal.

Number ______________________________ Dated ________________________

Number ______________________________ Dated ________________________

Number ______________________________ Dated ________________________

Number ______________________________ Dated ________________________

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E. Preliminary Construction Schedule

Utilizing the following Bidding and Construction Schedule, indicate the commencement dates and duration of the following construction activities. For current estimates of material delivery dates see Appendix A:

CONSTRUCTION ACTIVITY COMMENCEMENT

DATE

DURATION

(IN WEEKS)

Mobilization:

Foundation Construction/Installation

Structure Erection

Pole Top Assembly/Construction

Conductor Stringing

Energization

De-mobilization

The above schedule will indicate Bidder’s ability to meet the scheduled energization date shown on the following page.

BIDDING AND CONSTRUCTION SCHEDULE:

RAYBURN-EAST 69kV REROUTE PROJECT

Notice and Instructions to Bidders (Documents Available)

Pre-Bid Meeting (Mandatory)

Bid Opening

Bid Award

Pre-Construction Conference

Construction Commencement

Energization

Demobilization

August 31, 2026

September 15, 2026

September 30, 2026

October 2026

November 19, 2026

January 4, 2026

April 26, 2027

May 14, 2027

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F. Declaration and Signatures

The undersigned declares that he has visited the sites of the work and familiarized himself with the conditions affecting the work.

Enclosed herewith is the required proposal guarantee in the amount of five percent (5%) of the total price bid, $ (SEE ATTACHED BID BOND) which the undersigned Bidder agrees is to be forfeited to and become the property of the Owner, should this Proposal be accepted and a Contract be awarded to him and should he fail to enter into a Contract in the form prescribed and to furnish the required bonds, but otherwise the aforesaid proposal guarantee will be returned upon his signing and Contract Agreement and delivering the approved bonds.

The undersigned Bidder further agrees that, in case of default in execution of such Contract Agreement with necessary Bonds, the check or Bond accompanying this proposal and the money payable therein (a) shall cover the costs associated with such default, (b) shall cover a portion of the costs associated with such default and the Bidder shall be liable for the balance, or (c) the residual obligation of such Surety, after deducting the costs associated with such default, shall be released to the Bidder.

The undersigned hereby declares that only the persons or firms interested in the proposal as Principal or Principals are named herein, and that no other persons or firms than herein mentioned have any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud.

If this proposal is accepted, the undersigned Bidder agrees to submit drawings and engineering data in accordance with RFB #037-11-26 and to perform the work in accordance with the specified schedule. The undersigned fully understands that the time of completion of the work is vital to the completion of the project and is of the essence of the Contract.

If written notice of the acceptance of this proposal is delivered to the undersigned within 60 days after the time set for receipt of proposals, or any time thereafter before this proposal is withdrawn by the Bidder, the undersigned will, within ten (10) day after presentation of the document for signatures, execute and deliver to Bryan Texas Utilities a Contract in the form of the Contractor’s Bond attached, complete with acceptable bonds.

Dated at ___________________ this ________ day of ______________, 20 .

Bidder’s Signature:

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DEVIATIONS TO SPECIFICATIONS

Bidder must itemize all deviations taken to the specifications. If there is not sufficient space, attach additional sheets as required. Unless otherwise stated by the bidder in the space provided below and on any additional sheets, the proposal or bid will be considered as being in strict accordance with the specifications outlined herein. If you have no exceptions, deviations, or clarifications – please mark this page N/A. Include any exceptions, deviations, or clarifications on this page or attached additional pages to BTU’s Sample Contract.

Bidders’ failure to include exceptions, deviations, or clarifications to BTU’s Sample Contract at time of bid followed by Bidder requesting exceptions, deviations, or clarifications during contract award may disqualify Bidder’s proposal.

ADDITIONAL SHEETS MAY BE ADDED IF REQUIRED

Specification Proposed Deviation and Justification

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BIDDER QUALIFICATION FORM/CONSTRUCTION

Bidders must furnish sufficient written evidence that single bona fide contract, in excess of two-thirds of the face amount of this bid, have been successfully and satisfactorily completed on work of a similar nature. This evidence shall be furnished on the form that follows. The contractor must show job locations, type of projects, contract amounts, and dates completed.

This information must also be furnished for any proposed subcontractors. Failure to submit this evidence shall be just cause for disqualification of the bid. The successful bidder, at the discretion of Bryan Texas Utilities, may be required to furnish a complete financial statement prepared and certified to by a Certified Public Accountant.

The bidder certifies that the information herein is true, correct, complete and accurate.

(Elaboration on the following information or additional information deemed to be useful for evaluation of bidder's capabilities or to prevent misleading representations may be attached to this form.)

Date:

Bidder: (Legal Name of Company)

Federal ID No.

Address:

Phone Number: /FAX Number

E-Mail Address

President:

(or Managing Partner, etc.)

Dun and Bradstreet No. (if any)

Years in business under present name:

List all other names under which your business has operated in last 10 years: Work presently under contract

Work in place last year $

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Total Bonding Capacity $ (Attach letter from Bonding Co. evidencing.)

Value of work presently bonded $

Bonding Company:

Bonding Agent:

Insurance Company:

Insurance Agent: Phone:

Total staff employed by firm: (Break down by Managers and Trades.)

Contracting Specialty (indicate trades in which bidder performs.)

Years performing work specialty:

% Work performed by Firm’s own forces:

Is Bidder in compliance with all applicable EEO requirements?

Yes No (If the answer is no, please attach summary of details on a separate sheet.)

Bank references:

address:

contact name:

contact phone #:

Has firm or predecessor firm been involved in a bankruptcy or reorganization?

Yes No (If the answer is yes, please attach summary of details on a separate sheet.)

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