REQUEST FOR BID

SHADY-EAST SH6 TxDOT CROSSING 69kV PROJECT

BT

BTU Purchasing Office 2611 N. Earl Rudder Freeway

Bryan TX 77803 Office: (979) 209-5500 Fax: (800) 296-4077 purchasing@bryantx.gov

Date Issued: August 5, 2026

RFB NO. 038-11-26

ELECTRONIC/SEALED RESPONSE TO BE SUBMITTED BY:

2:00 PM CST, MONDAY, AUGUST 31, 2026

BID OPENING VIA ZOOM SAME DATE & TIME

Bidder’s Name: __________________________________________

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CONTENTS

NOTICE TO BIDDERS

DISCLOSURE

INSTRUCTIONS TO BIDDERS

PROPOSAL SUMMARY

SCHEDULE

GENERAL PROVISIONS FOR BIDDING

LIQUIDATED DAMAGES

PAYMENT

BOND REQUIREMENTS

BOND FORMS

REFERENCE FORM

BIDDER QUALIFICATION FORM

CERTIFICATION OF BID

SAMPLE CONTRACT

INSURANCE REQUIREMENTS

DEVIATIONS

GENERAL CONDITIONS

GC-1 The Contract Document GC-2 Preliminary Matters GC-3 Surety Bonds GC-4 Particular Undertaking of the Bidder GC-5 Site Conditions GC-6 General Rules of the Contract GC-7 Contractor’s Responsibilities and Rights GC-8 Owner’s Responsibilities and Rights GC-9 Owner’s Representative Status during Performance of the Work GC-10 Additional, Omitted, or Changed Work GC-11 Rules Governing Acceptance of the Work GC-12 Payments and Release of Liens and Completion

Labor Related Regulations–Equal Employment Opportunity

GENERAL DESCRIPTION AND SCOPE OF WORK

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

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Section 22060 Tubular Steel Pole Structures Section 22070 Insulators Section 22080 Conductors Section 22090 Removals

SEPARATE ATTACHMENTS

ATTACHMENT A - BTU Shady-East Hwy 6 Crossing Drawings ATTACHMENT B - Transmission Unit Proposal Form Shady-East Hwy 6 Rebuild\ ATTACHMENT C & D - BTU Install Labor - Distribution ATTACHMENT E - TxDOT Permit 135153 ATTACHMENT F - Geotechnical Report

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NOTICE TO BIDDERS

MANDATORY PRE-BID MEETING & SITE VISIT

Tuesday, August 11, 2026 @ 1:30 PM CST BTU System Operations Center

2200 Fountain Avenue Bryan TX 77801

SITE VISIT IMMEDIATELY FOLLOWING PRE-BID MEETING

State Highway 6 approximately 0.6 miles north of University Drive, Bryan, TX.

Just south of 181 N Earl Rudder Freeway, Bryan, TX SH6 (Southbound frontage road near Wilton’s Office Works)

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 Wednesday, August 19, 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, Monday, August 31, 2026 and publicly acknowledged immediately following the opening. Any Bid received on or after 2:00 PM CST will not be accepted.

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, Monday, August 31, 2026 and shall be delivered to the location noted below:

Bryan Texas Utilities – Purchasing Department

RFB #038-11-26

Catherine Benavides, Buyer 2611 N Earl Rudder Fwy

Bryan, Texas 77803

All bids will be publicly acknowledged via Zoom immediately following the bid closing time:

Link: https://us02web.zoom.us/j/82709343922?pwd=GR7PTNkAcbbyvVFau9sWvC2TKbfasN.1

Meeting ID: 827 0934 3922 Passcode: 187698 Dial In: 1-346-248-7799

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Bids must be completed and submitted on the forms found within the Specifications.

Incomplete Bid forms will invalidate the Bid and the Bid will be rejected and returned to the Bidder upon request.

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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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 Bryan Texas Utilities, including affiliations and business and financial relationships such persons may have with 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/. If you are unable to obtain such information online, please contact BTU Purchasing at 209-5500 or email 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 Texas Ethics Commission is as follows:

1. A business entity must use the application to enter the required information on

Form1295 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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INSTRUCTION TO BIDDERS

A. General

Proposals are requested by Bryan Texas Utilities, a municipally owned electric system of the City of Bryan, Texas, hereinafter referred to as the “Owner”.

This proposal is for construction work for the SHADY-EAST STATE HIGHWAY 6 TxDOT CROSSING 69kV PROJECT.

B. Bidder Qualifications

In order for their proposals to be considered, bidders must demonstrate that they are qualified to satisfactorily perform the specified work. The bidder shall submit written evidence of his qualifications to the Owner, with his proposal. Such evidence shall include all information necessary to certify that the bidder:

1. Maintains a permanent place for business;

2. Has available the construction plant and equipment to do the work;

3. Has technical knowledge and practical experience in work of the type specified;

4. Has adequate financial status to meet the financial obligations incident to the work;

5. Has no just or proper claims pending against him or his work; and

6. Has constructed other facilities of similar type and of equal or greater size and complexity. The evidence shall consist of a listing of the facilities indicating the owner’s name, location, approximate dollar value, type of facilities, and the date of completion.

C. Proposals

The original of each proposal shall be prepared and submitted in accordance with these Instructions to Bidders and the letter transmitting the specifications and documents to the bidder. One copy of the bid proposal sheets shall also be submitted. Proposals not prepared and submitted in accordance with these instructions will imply that the bidder does not intend to comply with all of the contract conditions and such proposals will be considered irregular.

1. Preparation

Proposal shall be carefully prepared using the proposal and proposal data forms included with the specifications and documents.

Entries on the proposals and proposal data forms shall be typed, using dark black ribbon, or legibly written in black ink. All prices shall be stated in words and figures except where the forms provide for figures only.

The bidder shall acknowledge receipts of all addenda issued for the specifications and documents in the space provided in the proposal form.

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The bidder shall assemble all drawings, catalog data, and other supplementary information necessary to thoroughly describe materials and equipment covered by the proposal and shall attach such supplemental information to each copy of the bidding documents submitted.

2. Signature

Each bidder shall sign the proposal with an authorized signature and shall give his full business address. The bidder’s name stated on the proposal shall be the exact legal name of the firm. The names of all persons signing shall also be typed or printed below the signature.

Proposals by partnerships shall be signed with the partnership name followed by the signature and designation of one of the general partners or other authorized representative. A complete list of the partners shall be included with the proposals.

Proposals 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 person authorized to bind the corporation.

A proposal by a corporation which is signed by a person, who affixes to his signature and the word “president”, “secretary”, “agent”, or other designation, without disclosing his principal, may be rejected.

3. Submittal

Proposals shall be submitted not later than the date and time stipulated in the “Notice to Bidders” as follows:

Electronic bids to be submitted via BrazosBid Ionwave:

https://brazosbid.ionwave.net/

Sealed bids to be submitted to BTU Administration Building and addressed as follows:

Bryan Texas Utilities – Purchasing Department

RFB #038-11-26

Catherine Benavides, Buyer 2611 N Earl Rudder Fwy Bryan, Texas 77803

A single proprietary interest shall not submit multiple proposals for the same work even though the individual proposals are submitted under different names. The owner reserves the right to reject all proposals so submitted. Informal separate copies of proposals shall not be given to any employee of the Owner other than submitted bid to the Buyer.

4. Withdrawal

Proposals may be withdrawn, altered, and re-submitted at any time before the time set for receiving the proposals. Proposals may not be withdrawn, altered, or re-submitted within sixty (60) days thereafter.

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D. Information to be Submitted with Proposal

Each bidder shall submit with his proposal pertinent information concerning proposed equipment and materials and proposed construction organization.

1. Equipment and Materials

In addition to the information submitted on the proposal and proposal date 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 proposal shall be based on new equipment and materials that comply with specifications and documents in every respect unless the bidder takes specific exceptions as provided herein before. If alternate equipment or materials are indicated in the proposal, 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 compensation or extension of time.

2. Contractor’s Field Organization

Each bidder shall submit with this proposal an organization chart showing the names of field management, supervisory, and technical personnel, and the details of the management, supervisory, and technical organization he proposes to use for this project. Each bidder shall also submit resumes of foremen, welders, electricians, and any other skilled workers that he proposes to use on this project. The successful bidder’s organization will be subject to the review and acceptance of the Owner. The experience record of the Contractor’s field superintendent shall be submitted with the proposal. SHOULD CONTRACTOR’S FIELD SUPERINTENDENT BE REPLACED

DURING THE PROJECT, OWNER RESERVES THE RIGHT TO APPROVE OR

DISAPPROVE OF PROPOSED SUPERINTENDENT REPLACEMENT. WORK MAY

NOT CONTINUE UNDER A REPLACEMENT SUPERINTENDENT WHO IS NOT

APPROVED BY OWNER.

E. Proposal Guarantee

Each proposal shall be accompanied by a proposal guarantee (bid bond) in an amount not less than five percent (5%) of the total proposal price.

The guarantee shall be a certified check or cashier’s bond executed by the bidder and a surety company authorized to do business in the state of Texas.

The proposal guarantee shall be made payable without condition to the City of Bryan, Texas.

The amount thereof may be retained by the City, if the bidder’s proposal is accepted and the bidder fails to enter into a contract in the form prescribed, with legally responsible surety, within ten (10) calendar days after the date he is awarded the contract.

The proposal guarantee of each unsuccessful bidder will be returned after award of contract or when his proposal is rejected. The proposal guarantee of the bidder to whom the contract is awarded will be returned when said bidder executes the Contract Agreement and files a satisfactory Performance Bond and a satisfactory Payment Bond. The proposal guarantee of the second lowest responsible bidder may be retained for a period not to exceed 60 days pending the execution of the Contract Agreement, Performance Bond, and Payment Bond, RFB 038-11-26 SHADY-EAST SH6 TxDOT 69kV CROSSING Page 9 of 129 by the successful bidder.

F. Local Conditions

Each bidder shall attend a Mandatory Pre-Bid meeting, which will be held on Tuesday, August 11, 2026 at 1:30 pm CST at Bryan Texas Utilities, System Operation Center, 2200 Fountain Avenue, Bryan, Texas 77801.

Each bidder shall visit the site of the work, and thoroughly inform himself of all conditions and factors which would affect the prosecution and completion of the work; the availability and cost of labor; and facilities for transportation, handling, and storage of materials and equipment.

It must be understood and agreed that all such factors have been properly investigated and considered in preparation of every proposal submitted.

No claim will be permitted for financial adjustment to any contract awarded for the work which is based on the lack of such prior information or its effect on the cost of the work.

G. Interpretation and Addenda

If any prospective bidder is in doubt as to the true meaning of any part of the proposed contract documents, he may submit to the Owner a written request for an interpretation. The person submitting the request will be responsible of its prompt delivery. Any interpretation of the proposed documents will be made only by addendum transmitted to each party receiving a set of such documents.

It shall be the bidder’s responsibility to advise the Owner, before the time specified of receipt of proposals, conflicting requirements or omissions of information which require clarification.

Those questions not resolved by addenda shall be listed in the space provided on the proposal form, together with statements of the basis upon which the proposal is made as affected by each question.

H. Taxes, Permits, and Licenses*

The bidder’s attention is directed to the General Conditions regarding taxes, permits, and licenses. Each bidder shall be responsible for determining the applicable taxes, permits, and licenses. If the bidder is in doubt as to whether or not a tax, permit, or licenses is applicable, he shall state in his proposal whether this item has been included in this bid price and the amount of the applicable tax, permit, or license in question.

*Bryan Texas Utilities is tax exempt.

I. Time of Completion

The Bidder shall submit with his bid the estimated time of completion for the project. The proposal shall be based upon completion of the work to permit placement of the transmission line in continuous service by November 15, 2026. The completion dates shall be based upon awarding the bid on the week of September 24, 2026.

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J. Sub-surface Conditions

Each bidder shall be responsible for determining the types of sub-surface materials which will be found.

K. Acceptance and Rejection of Proposals

Bids will be evaluated by the Purchaser, based on quality, time required for completion and experience of the contractor. The Purchaser reserves the right to select the bid which best suits its needs whether the price is the lowest or not, and also reserves the right to reject any or all bids and to waive irregularities therein. All bidders must agree that such rejection shall be without liability on the part of the Owner of any penalty brought by any bidder because of such rejections, nor shall the bidders seek recourse of any kind against the Owner because of such rejections; and the filing of any bid in response to this invitation shall constitute an agreement of the bidder to these conditions.

The Owner reserves the right to withdraw the SHADY-EAST STATE HIGHWAY 6 TxDOT CROSSING 69kV PROJECT work from the Contractor for any reason.

The Owner reserves the right to accept the proposal which, in its judgment, is the lowest and best responsive proposal; to reject or negotiate any and all proposals; and to waive irregularities and informalities in any proposal that is submitted.

Proposals received after specified time of closing will be returned unopened.

L. Contingency Request

Each proposal shall contain a contingency for “extra work” to cover the cost (to the extent of the allowance) of necessary additions to, or changes in the work as it progresses as ordered and approved by the Owner. Expenditures under this allowance will include compensation to the Contractor in addition to the actual cost of the extra work as specified.

The Contractor shall include in his Proposal and Contract amount the Contingency Amount calculated as 20% of the total contract price as indicated on the Bid Proposal form. This contingency for “extra work” will be in accordance with the requirements of Article GC-10, CHANGES TO THE CONTRACT PRICE.

Any unexpected balance of contingency shall revert to the Owner in the final settlement of the contract.

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BID PROPOSAL

The undersigned proposes to perform the construction as specified in the attached documents in compliance with all specifications included herein. All prices offered 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.

Proposal Summary

(Refer to Attachment B – Transmission UNIT PROPOSAL FORM, Attachment C – Bryan Texas Utilities Install Labor, and Attachment D – Bryan Texas Utilities Removal Labor)

SHADY-EAST STATE HIGHWAY 6 CROSSING-TxDOT 69kV PROJECT

ITEM EXTENDED TOTAL

From Attachment B – Transmission UNIT PROPOSAL

FORM

SUMMARY PAGE-Totals: $_____ __

From Attachment C - Bryan Texas Utilities Install Labor

TOTAL FROM ATTACHMENT C: $____

From Attachment D – From Bryan Texas Utilities Removal Labor

TOTALS FROM ATTACHMENT D: $_____

BASE BID TOTAL FOR ATTACHMENTS A, C, AND D:

TESTING ALLOWANCE $20,000.00

Distribution Hand Dig/Hydrovac Allowance (Allowed as required by field conditions, requires pre-approval from BTU staff)

$ 9,600.00

APPROVED CONTINGENCY (20% of base bid total) $_____

TOTAL CONTRACT $_____ __

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B. Subcontractors

A complete 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

C. 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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SCHEDULE OF EVENTS

BIDDING AND CONSTRUCTION SCHEDULE:

Notice and Instructions to Bidders (Documents Available) Wednesday, August 5, 2026

Pre-bid Conference (Mandatory) Tuesday, August 11, 2026

Bid Opening August 31, 2026

Bid Award Week of September 28, 2026

Construction Commencement As soon as possible after Bid

Award

Pre-Construction Conference TBD

Energization November 15, 2026

Demobilization December 24, 2026

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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PRELIMINARY CONSTRUCTION SCHEDULE:

Utilizing the previous Bidding and Construction Schedule, indicate the commencement dates and duration of the following construction activities.

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 Bidders ability to meet the scheduled energization date shown on the previous page.

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D. 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 the Construction Bid No. 038-11-26 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

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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.

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.

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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 from mailing list. On time delivery of all materials and or services specified herein is of essence and will be a consideration in bid award.

Should the Successful Bidder neglect, refuse, or fail to complete delivery of the material and or services within the times stated in the bid, then, in that event, BTU shall have the right to obtain material from alternate sources and the original bidder shall be liable for any differences in cost incurred by BTU from the original bid price.

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

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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 consideration provided the alternate product will accomplish the same task. BTU shall be the sole judge on whether the alternate product and service is similar to, equal to and in compliance with that specified. The decision of BTU shall be final.

“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.

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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.

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 Shady-East SH6 TxDOT Crossing 69kV Project. Project work under the contract is delayed past December 24, 2026. 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.

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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.

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

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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 same 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.

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.

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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 payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016).

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.

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