RFP_27-0026_North_Kuehler_Interceptor_Segment_3_Phase_1.pdf

NEW BRAUNFELS UTILITIES

REQUEST FOR PROPOSAL

for

RFP 27-0026

North Kuehler Interceptor Segment 3 Phase I

Date Issued: June 25, 2026

PROPOSAL MUST BE RECEIVED NO LATER THAN:

July 23, 2026 at 2:00 PM CST

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

Pre-Bid Conference: YES

The Pre-Bid Conference will be held virtually on July 7, 2026 at 3:00 PM CST:

Respondents may join the video conference from a computer, tablet, or smartphone at https://teams.microsoft.com/meet/289486426901020?p=3RiYZfGjkasJPpMutc.

Respondents may also participate in the video conference by telephone at +1 469-

998-7414. The video conference Meeting ID: 289 486 426 901 020. The passcode for the video conference link is dd2Sr2ND, and dial-in conference ID number is192 338 088#.

Contact: New Braunfels Utilities

Purchasing Manager

355 FM 306

New Braunfels, TX 78130

Phone: 830-608-8867 https://teams.microsoft.com/meet/289486426901020?p=3RiYZfGjkasJPpMutc tel:+14699987414,,192338088

Email: purchasing@nbutexas.com mailto:purchasing@nbutexas.com

TABLE OF CONTENTS

Section Title

Request for Competitive Sealed Proposals

Bid Form

Contract Agreement

Owner’s Insurance Requirements of Contractor

Bid Bond

Performance Bond

Payment Bond

Special Conditions

Standard General Conditions

Technical Specifications

Appendix

Conflict of Interest Form/Form CIQ

Form 1295

Verification Forms

Attachments

Technical Specifications produced by Pawelek & Moy, Inc., dated May 15, 2026

Design Drawings produced by Pawelek & Moy, Inc., dated May 15, 2026

Geotechnical Data Report prepared by Raba Kistner, Inc., dated April 25, 2025

Proposal Requirements, Contract Forms & Conditions of the Contract

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Rev. 09.01.2024 Page 1 Request for CSP

Table of Contents

I. Background and Submission Requirements

II. Objectives

III. Scope of Work

IV. Selection Process

V. Selection Criteria

VI. Additional Instructions, Notifications, and Information

I. BACKGROUND AND SUBMISSION REQUIREMENTS

1. General Description

New Braunfels Utilities (“NBU”) invites the submittal of responses to this Request for

Proposals (“RFP”) from qualified firms interested in providing construction services in connection with the construction of North Kuehler Interceptor Segment 3 Phase I (the

“Project”).

The Project has been designed by Pawelek & Moy, Inc. The Project is anticipated to include some or all of the following items within its scope: (i) construction of 2,030 linear feet (“LF”) of 27-inch gravity sewer main by open cut construction; (ii) construction of 410 LF of 27-inch gravity sewer main with 48-inch steel casing by trenchless methods; (iii) construction of 571 LF of 15-inch gravity sewer main by open cut construction; (iv) construction of 180 LF of 15-inch gravity sewer main with 36-inch steel casing by trenchless methods across Union Pacific Railroad Right of Way; (v) construction of new manholes; (vi) abandonment and grout filling of existing sanitary sewer mains and associated manholes; (vii) connections to the NBU sanitary sewer system; (viii) sewer bypass pumping for construction; (ix) traffic control; (x) storm water pollution prevention; (xi) restoration; and (xii) all other appurtenances necessary to complete the Project.

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

2. Purpose of RFP

The purpose of this RFP is for NBU to award a contract pursuant to Chapter 2269 of the

Texas Government Code, as amended, for construction of the Project. The Project is further described in Section III, Scope of Work of this RFP.

3. Location

The Project consists of two primary areas of construction with the first located between

Walnut Ave. and N. Live Oak Ave., along the Dry Comal Creek (Sewer Line “A”) and

Rev. 09.01.2024 Page 2 Request for CSP the second area located between Landa Street and the Dry Comal Creek, near Mission

Drive (Sewer Line “B”) in New Braunfels, Texas.

4. Project Duration

NBU has established a target commencement date for construction activities of the

Project as November 15, 2026. The projected completion date is estimated to be three hundred (300) calendar days from the Notice to Proceed date. NBU reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the NBU Board or staff due to modifications in scope.

5. Project Budget

The estimated maximum construction budget is approximately $8,100,000. This amount includes all incidental and contingent expenses associated with the construction of the

Project.

6. Access to Documents

In connection with Section 2269.153 of the Texas Government Code, a prepared set of construction documents, including the forms for the Contract Agreement between NBU and Contractor, Bid Form (Exhibit B to the Contract Agreement), the Owner’s Insurance

Requirements of Contractor (Exhibit A to the Contract Agreement), the requisite bond forms, the Special Conditions, the Standard General Conditions of the Contract, the

Supplemental Conditions, the Technical Specifications, the Design Drawings produced by Pawelek & Moy, Inc. sealed May 15, 2026, the Technical Specifications produced by

Pawelek & Moy, Inc. dated May 15, 2026 and the Geotechnical Data Report prepared by

Raba Kistner, Inc., dated April 25, 2025.

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

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

b. www.opengov.com.

7. Pre-proposal Conference

A pre-proposal conference for all interested parties will be held by videoconference on

July 7, 2026 at 3:00 PM CST. Respondents may join the video conference from a computer, tablet, or smartphone at https://teams.microsoft.com/meet/289486426901020?p=3RiYZfGjkasJPpMutc.

Respondents may also participate in the video conference by telephone at +1 469-998-

7414. The video conference Meeting ID: 289 486 426 901 020. The passcode for the video conference link is dd2Sr2ND, and dial-in conference ID number is192 338 088#.

Both the link and telephone number are free of charge. It is highly recommended that all parties interested in submitting a proposal for this project be present.

http://www.nbutexas.com/bid-opportunities http://www.opengov.com/ https://teams.microsoft.com/meet/289486426901020?p=3RiYZfGjkasJPpMutc

Rev. 09.01.2024 Page 3 Request for CSP

8. Submittal of Responses; Submission Deadline

Respondents shall submit all responses electronically to NBU through www.opengov.com on or before 2:00 PM, CT on July 23, 2026 (the “Submission

Deadline”). The respondent shall upload all of the requested response documents in

PDF format, including the following documents:

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

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

c. required Bid Bond;

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

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

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

Secretary of State and a Certificate of Good Standing/Franchise Account

Status from Texas Comptroller’s Office;

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

Standing Certificate from its state of formation and a Certificate of Good

Standing/Franchise Account Status from the Texas Comptroller’s Office that the respondent is authorized to transact business in the State of Texas;

g. one copy of insurance, completed and signed;

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

i. Conflict of Interest Form/Form CIQ;

j. Form 1295;

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

2276 of the Texas Government Code, as amended; and

l. statements concerning selection criteria listed below in Section V, including Overall Qualifications, Reputation, Past Relationship with NBU and Public Owners; Proposed Schedule/Contract Time; Available

Resources; Corporate History and Stability; and Past Performance on

Similar Projects.

http://www.opengov.com/

Rev. 09.01.2024 Page 4 Request for CSP

NBU will not accept responses via mail, in person, private courier, oral communication, telephone, electronic mail, or facsimile transmission. Respondent understands that submission of a response constitutes an offer by the respondent. Once submitted, the response becomes the property of NBU, and NBU reserves the right to use any ideas contained in any response submitted regardless of whether the respondent is selected. Respondent understands that submission of a response shall indicate that the respondent has accepted the conditions contained in the RFP unless specifically noted in the submittal and confirmed in writing by NBU in the successful respondent’s contract.

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

Submission Deadline. NBU shall not accept any late response.

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

Addenda

Questions regarding this RFP or the services requested must be sent to the Purchasing

Manager at purchasing@nbutexas.com.

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

NBU shall accept requests for additional information or clarification concerning this RFP on or before July 9, 2026. NBU shall not answer any questions submitted after 4:00

PM CT, July 9, 2026. NBU shall have a reasonable amount of time to respond to questions or concerns regarding the RFP. NBU intends to respond to all questions;

however, NBU reserves the right to decline to respond to a question or concern.

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

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

10. Time and Location of Opening and Reading Proposals Aloud mailto:purchasing@nbutexas.com

Rev. 09.01.2024 Page 5 Request for CSP

NBU will open and read the proposals on July 23, 2026, at 3:00 PM (the “Opening

Deadline”) by video conference and the name of the offeror and the monetary component of the proposal shall be read aloud. Respondents may join the video conference from a computer, tablet, or smartphone at https://teams.microsoft.com/meet/278921459295671?p=834mdZZhLHi3DPP8YR.

Respondents may also participate in the video conference by telephone at +1 469-998-

7414. The passcode for the video conference link is Gf99re3L, and dial-in conference ID number is 436 599 02#. Both the link and telephone number are free of charge. Any proposal received after the Submission Deadline will be returned unopened. Receipt of a response does not bind NBU to any contract for said services nor does it give any guarantee that a contract for the Project will be awarded.

11. Bid Bond Required

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

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

12. Rights Reserved

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

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

Section.

13. Conflict of Interest Disclosure

Chapter 176 of the Texas Local Government Code requires that any respondent or person considering doing business with a local government entity must disclose in the conflict of interest questionnaire form (the “Form CIQ”) the respondent or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. A respondent must complete and file the Form CIQ within the timeframe https://teams.microsoft.com/meet/278921459295671?p=834mdZZhLHi3DPP8YR tel:+14699987414,,43659902 tel:+14699987414,,43659902

Rev. 09.01.2024 Page 6 Request for CSP specified in Section 176.006 of the Texas Local Government Code. The Form CIQ must also be submitted with your proposal.

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

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

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

REQUIREMENT.

14. Certificate of Interested Parties

Pursuant to Section 2252.908 of the Texas Government Code, a private business entity cannot enter into certain contracts with NBU unless the business entity completes Form

1295 “Certificate of Interested Parties.” Respondents are required to complete and file electronically the Certificate of Interested Parties with the Texas Ethics Commission using the online filing application. Proof that Form 1295 was filed with the State of

Texas Ethics Commission must be submitted with your proposal.

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

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

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

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT.

15. Statement of Statutory Compliance

All offerors submitting a proposal in response to this RFP must include with the proposal verified statements in connection with (i) Chapter 2271 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting Israel; (ii)

Chapter 2276 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies boycotting certain energy companies; and (iii) Chapter 2274 of the Texas Government Code, as amended, relating to the prohibition on contracts with companies that discriminate against firearm and ammunition industries. Failure to comply with this requirement is grounds for disqualification.

16. Prohibition on Contracts with Certain Companies

NBU will review the website of the Comptroller of the State of Texas to determine if the respondent is on the list of companies that provide supplies or services to a foreign https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

Rev. 09.01.2024 Page 7 Request for CSP terrorist organization as defined in Chapter 2252 of the Texas Government Code, as amended. Any company identified on such list will be disqualified from consideration.

II. OBJECTIVES

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

III. SCOPE OF WORK

NBU anticipates the following items will be included in the Project scope of work: (i) construction of 2,030 linear feet (“LF”) of 27-inch gravity sewer main by open cut construction; (ii) construction of 410 LF of 27-inch gravity sewer main with 48-inch steel casing by trenchless methods; (iii) construction of 571 LF of 15-inch gravity sewer main by open cut construction; (iv) construction of 180 LF of 15-inch gravity sewer main with

36-inch steel casing by trenchless methods across Union Pacific Railroad Right of Way;

(v) construction of new manholes; (vi) abandonment and grout filling of existing sanitary sewer mains and associated manholes; (vii) connections to the NBU sanitary sewer system; (viii) sewer bypass pumping for construction; (ix) traffic control; (x) storm water pollution prevention; (xi) restoration; and (xii) all other appurtenances necessary to complete the Project.

The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

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

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

Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

IV. SELECTION PROCESS

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

Rev. 09.01.2024 Page 8 Request for CSP

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

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

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

b. its ranking evaluation.

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

V. SELECTION CRITERIA

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

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

b. Proposed Schedule/Contract Time. (weighted at 30%).

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

(weighted at 5%).

d. Overall Qualifications, Reputation, Past Relationship with NBU and

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

e. Available resources to complete the Project. This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories (weighted at 2.5%).

f. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, history of litigation or arbitration, a statement of any liquidated damages that have previously been withheld by public owner clients of the Offeror on projects in the last five (5) years, and references. (weighted at 2.5%).

Rev. 09.01.2024 Page 9 Request for CSP

Offerors shall include with the proposal all information and qualifications to allow

NBU’s selection committee to evaluate the proposal in accordance with this Section and the evaluation criteria listed here. NBU will not accept additional information from

Offerors after the proposal opening. NBU reserves the right to do the following:

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

b. reject any and all proposals; or

c. waive any and all irregularities in proposals.

VI. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

1. All Information True

Respondent represents and warrants to NBU that all information provided in the response shall be true, correct and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to

NBU for consideration in the selection process shall be excluded and their proposal shall be rejected. NBU will not accept revisions to proposals or additional information after proposal opening.

2. Cost of Responses

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

3. No Obligation

NBU reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) accept any submittal or portion of submittal; (4) reject any or all

Respondents submitted responses, should it be deemed in NBU’s best interest; or (5) cancel the entire process.

4. Contract Negotiations

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

5. Texas Public Information Act

All information, documentation, and other materials submitted in response to this RFP are considered non-confidential and/or non-proprietary and are subject to public

Rev. 09.01.2024 Page 10 Request for CSP disclosure under the Texas Public Information Act (Texas Government Code, Chapter

552.001, et seq.) after the solicitation is completed.

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

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

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

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

END OF DOCUMENT

Exhibit B to Contract Agreement

Bidding Requirements, Contract Forms & Conditions of the Contract

BID FORM

Rev. 09.01.2024 Page 1 Bid Form

New Braunfels Utilities

355 FM 306

New Braunfels, TX 78130

PROJECT: North Kuehler Interceptor Segment 3 Phase I

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

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

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

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

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

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

c) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface of physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of Work as BIDDER considers necessary for the performance or finishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of

Section 4.02 of the Standard General Conditions of the Contract; and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by

BIDDER for such purposes.

d) BIDDER has reviewed and checked all information and data shown or indicated on the Contract

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

4.04 of the Standard General Conditions of the Contract.

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

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

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

Rev. 09.01.2024 Page 2 Bid Form

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

Sewer Improvements

Item No. Description Unit Estimated

Quantity Unit Price Total

(TxDOT)

PREPARING RIGHT OF WAY

(INCLUDES TREE REMOVAL)

STA 33

(TxDOT)

REMOVING CONC. (DRIVEWAY) SY 128

121 (NBU)

TRENCH EXCAVATION SAFETY

PROTECTION(MAINS & SERVICES)

LF 2,714

(TxDOT)

CELLULOSE FIBER MULCH SEEDING

(PERM)

SY 47,035

303(NBU)

NEW MANHOLE CONSTRUCTION(5'

DIA)(POLYMER CONCRETE)(ALL

DEPTHS)

EA 14

303(NBU)

NEW MANHOLE CONSTRUCTION(5'

DIA)(POLYMER CONCRETE)(VENTED

WITH ODOR CANISTER -

UNPAVED)(ALL DEPTHS)

EA 1

303(NBU)

NEW MANHOLE CONSTRUCTION(6'

DIA)(POLYMER CONCRETE)(ALL

DEPTHS)

EA 1

303(NBU)

NEW MANHOLE CONSTRUCTION(6'

DIA)(POLYMER CONCRETE)(VENTED

WITH ODOR CANISTER -

UNPAVED)(ALL DEPTHS)

EA 1

304(NBU)

NEW MANHOLE CONSTRUCTION(4'

DIA)(CONCRETE)

EA 4

304(NBU)

NEW MANHOLE CONSTRUCTION(4'

DIA)(CONCRETE)(VENTED WITH

ODOR CANISTER - UNPAVED)

EA 1

304(NBU)

EXTRA DEPTH MANHOLE (4' DIA)(>8

FT)

VF 18

304(NBU)

ABANDONMENT OF EXISTING

MANHOLES

EA 6

304(NBU)

MANHOLE MODIFICATION (TIE-

INS/ADJUSTMENTS TO EXISTING

MANHOLE) (COMPLETE)(EACH TIE-IN

CONNECTION)

EA 2

315 (NBU)

PIPE, 15" DIA. SEWER (CLAY/PVC)

(ALL DEPTHS)(SEWER MAIN PRE

CCTV INSPECTION)

LF 777

315 (NBU)

PIPE, 21" DIA. SEWER (CLAY) (ALL

DEPTHS)(SEWER MAIN PRE CCTV

INSPECTION)

LF 2,163

Rev. 09.01.2024 Page 3 Bid Form

315 (NBU)

PIPE, 27" DIA. SEWER (FRP) (ALL

DEPTHS)(SEWER MAIN PRE CCTV

INSPECTION)

LF 24

315 (NBU)

PIPE, 8" DIA. SEWER (PVC) (ALL

DEPTHS)(SEWER MAIN POST CCTV

INSPECTION)

LF 44

315 (NBU)

PIPE, 15" DIA. SEWER (PVC) (ALL

DEPTHS)(SEWER MAIN POST CCTV

INSPECTION)

LF 751

315 (NBU)

PIPE, 16" DIA. SEWER (PVC) (ALL

DEPTHS)(SEWER MAIN POST CCTV

INSPECTION)

LF 27

315 (NBU)

PIPE, 27" DIA. SEWER (FRP) (ALL

DEPTHS)(SEWER MAIN POST CCTV

INSPECTION)

LF 2,440

320 (NBU)

27" FRP GRAVITY SEWER LINE -

(ASTM D-3262)(SN 72)(ALL DEPTHS)

LF 2,030

320 (NBU)

27" FRP GRAVITY SEWER LINE -

(ASTM D-3262)(SN 72)(ALL

DEPTHS)(CARRIER PIPE IN

CASING)(INCLUDES SPACERS & END

SEALS)(COMPLETE)

LF 410

330 (NBU) TEMPORARY BYPASS PUMPING LS 1

(TXDOT)

D-GR HMA, TY-D, PG70-22 (2")(CAMP

LANDA STREETS)

TON 637

(TXDOT)

PLANE ASPHALT CONC. PAVEMENT

(2")(CAMP LANDA STREETS)

SY 5,785

(TxDOT)

MOBILIZATION LS 1

501 (NBU)

JACK AND BORE(UPRR)(INCLUDES 36

IN STEEL CASING)(0.5625 IN

MIN.)(UPRR)

LF 180

501 (NBU)

JACK AND BORE(INCLUDES 48 IN

STEEL CASING)(0.500 IN MIN.)

LF 410

(TXDOT)

BARRICADES, SIGNS, AND TRAFFIC

HANDLING

MO 10

(TXDOT)

PORTABLE CHANGEABLE MESSAGE

SIGN

EA 2

505 (NBU)

CONCRETE ENCASEMENT FOR 8" DIA.

PVC

CY 2

505 (NBU)

CONCRETE ENCASEMENT FOR 27"

DIA. FRP

CY 207

(TXDOT)

TYPE I FILTER DAM (INSTALL) LF 50

(TXDOT)

TYPE I FILTER DAM (REMOVE) LF 50

Rev. 09.01.2024 Page 4 Bid Form

(TXDOT)

TEMP SEDMT CONTROL FENCE

(INSTALL)

LF 2,810

(TXDOT)

TEMP SEDMT CONTROL FENCE

(REMOVE)

LF 2,810

(TXDOT)

CONSTRUCTION EXIT (INSTALL) SY 448

(TXDOT)

CONSTRUCTION EXIT (REMOVE) SY 448

510 (NBU)

6" SEWER SERVICE (SDR-26

PVC)(RECONNECT)(COMPLETE)

EA 1

510 (NBU)

PIPE, 8" DIA. SEWER - (PVC) (SDR-26)

(ALL DEPTHS)

LF 44

510 (NBU)

PIPE, 15" DIA. SEWER - (PVC) (SDR-26)

(ALL DEPTHS)

LF 571

510 (NBU)

PIPE, 15" DIA. SEWER - (PVC) (SDR-

26)(ALL DEPTHS)(CARRIER PIPE IN

CASING)(INCLUDES SPACERS & END

SEALS)(COMPLETE)

LF 180

510 (NBU)

PIPE, 16" DIA. SEWER - (PVC) (C-

900)(DR 25)(165 PSI)(GREEN) (ALL

DEPTHS)(COMPLETE)

LF 27

510 (NBU)

ABANDON AND GROUT FILL, 15" DIA

WASTEWATER MAIN (750 LF)

CY 34

510 (NBU)

ABANDON AND GROUT FILL, 21" DIA

WASTEWATER MAIN (2,163 LF)

CY 193

510 (NBU)

ABANDON AND GROUT FILL, 27" DIA

WASTEWATER MAIN (24 LF)

CY 4

(TXDOT)

PORT CTB (FUR & INST)(LOW

PROF)(TY 1)

LF 60

(TXDOT)

PORT CTB (REMOVE)(LOW PROF)(TY

1)

LF 60

(TXDOT)

CONCRETE DRIVEWAYS (PER CITY OF

NEW BRAUNFELS)

SY 128

(TXDOT)

BARBED WIRE FENCE (REMOVE) LF 216

(TXDOT)

BARBED WIRE FENCE (INSTALL) LF 200

(TXDOT)

16' GATE (TYPE 2) EA 1

1001-SS

WORK IN UPRR RIGHT OF WAY (UPRR

FLAGGERS, RAIL MONITORING,

UTILITY LOCATES, ETC.)

LS 1

TOTAL BID - SEWER IMPROVEMENTS: $_________________________

Rev. 09.01.2024 Page 5 Bid Form

5. BIDDER agrees that the Work will be substantially complete and ready for final payment in accordance with Section 14.07 of the Standard General Conditions of the Contract within the

Calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages and special damages in the event of failure to complete the Work on time.

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

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

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

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

7. Communication concerning this Bid shall be addressed to:

New Braunfels Utilities

Purchasing Manager

355 FM 306

New Braunfels, TX 78130

Phone: 830-608-8867

Email: Purchasing@NBUTexas.com

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

General Conditions of the Contract.

9 The undersigned acknowledges receipt of the following addenda:

Addendum No. 1 dated _________________ Received ______________________

Addendum No. 2 dated _________________ Received ______________________

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

Rev. 09.01.2024 Page 6 Bid Form

Secretary, *if bidder is a corporation

(Seal)

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

Company Name of Bidder

Authorized Signature

Date

Printed Name of Authorized Signature

Address

Telephone Number/Fax Number

Bidding Requirements, Contracts Forms & Conditions of the Contract

CONTRACT AGREEMENT

Rev. 09.01.2024 Page 1 Contract Agreement

THIS AGREEMENT (the “Agreement” or the “Contract”) is between NEW BRAUNFELS

UTILITIES, a Texas municipally owned utility (“NBU”), and , a

_________________________ (the “Contractor”).

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

ARTICLE 1 - WORK

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

Contract Agreement and the related Exhibits;

Standard General Conditions of the Contract;

Special Conditions;

Technical Specifications;

Payment Bond;

Performance Bond;

Technical Specifications produced by Pawelek & Moy, Inc., dated May 15, 2026; and

Design Drawings produced by Pawelek & Moy, Inc., dated May 15, 2026.

1.02 The Work is generally described as follows:

The Project is anticipated to include some or all of the following items within its scope: (i) construction of 2,030 linear feet (“LF”) of 27-inch gravity sewer main by open cut construction; (ii) construction of 410 LF of 27-inch gravity sewer main with 48-inch steel casing by trenchless methods; (iii) construction of 571 LF of 15-inch gravity sewer main by open cut construction; (iv) construction of 180 LF of 15-inch gravity sewer main with 36-inch steel casing by trenchless methods across Union Pacific Railroad Right of Way; (v) construction of new manholes; (vi) abandonment and grout filling of existing sanitary sewer mains and associated manholes; (vii) connections to the NBU sanitary sewer system; (viii) sewer bypass pumping for construction; (ix) traffic control; (x) storm water pollution prevention; (xi) restoration; and (xii) all other appurtenances necessary to complete the

Project.

ARTICLE 2 - THE PROJECT

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

North Kuehler Interceptor Segment 3 Phase I

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by:

John Moy, P.E.

Pawelek and Moy, Inc.

130 W. Jahn St

New Braunfels, TX 79130

830-629-2563

Rev. 09.01.2024 Page 2 Contract Agreement

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

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. Time limits stated in the Contract Documents are of the essence of the Contract. In all aspects of the

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

4.02 Initial Milestone, Days to Achieve Substantial Completion and Final Payment

A. Except as set forth in and subject to Section 4.02B, the Work shall be substantially complete within three hundred (300) calendar days from the Notice to Proceed date and ready for final payment in accordance with Section 14.07 of the General Conditions within 30 calendar days after the substantially complete date.

B. Initial Milestone

The “Initial Milestone” is defined as Substantial Completion of a portion of the Work, specifically the improvements set forth in the Initial Milestone Limits table below. Prior to commencing Work at any other locations or other sections of the Project, the Contractor shall complete all Work necessary for the Initial Milestone, including installation, testing, surface restoration, and acceptance of the sewer lines and related improvements and appurtenances. The Substantial Completion date for the Initial

Milestone shall be one hundred eighty (180) calendar days from the date of Notice to Proceed;

provided, however, that Work necessary for the Initial Milestone may only be performed between

November 15, 2026, and May 15, 2027.

Initial Milestone Limits

Sanitary Sewer Station Limits

Line A Sta 0+60 to Sta 18+50

The Contractor may be allowed, with NBU’s conditional written approval, to commence Work concurrently on other sections of the Project.

Should the Contractor fail to timely complete the Initial Milestone in accordance with this Section

4.02B, the Contractor shall be subject to liquidated damages as set forth in Section 4.03.

4.03 Liquidated Damages

A. The Contractor and NBU recognize that time is of the essence of this Agreement and that NBU will suffer financial loss if the Work is not completed within the times specified in Sections 4.02A and 4.02B, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by NBU if the Work is not completed on time. Accordingly, instead of requiring any such proof, NBU and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay to NBU One Thousand Two Hundred and Eighteen Dollars ($1,218) per

Rev. 09.01.2024 Page 3 Contract Agreement calendar day for each day that expires after the time specified in Sections 4.02A and 4.02B for Substantial

Completion until the Work is substantially complete. After Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by NBU, the Contractor shall pay to NBU One Thousand Two Hundred and Eighteen

Dollars ($1,218) per calendar day for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

4.04 Special Damages

A. In addition to the amount provided for in liquidated damages, the Contractor shall reimburse NBU (1) for any fines or penalties imposed on NBU as a direct result of the Contractor’s failure to attain

Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by NBU for engineering, construction observation, inspection, and administrative services needed after the time specified in Section 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

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

ARTICLE 5 - CONTRACT PRICE

5.01 NBU shall pay the Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follow, subject to adjustment under the Contract:

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

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by the Engineer as provided in the General

Conditions.

6.02 Progress Payments; Retainage

A. NBU shall make progress payments on account of the Contract Price on the basis of the Contractor’s

Applications for Payment within 30 days of NBU’s acceptance of the payment application:

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

14.02 of the General Conditions:

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

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

Work.

6.03 Final Payment

Rev. 09.01.2024 Page 4 Contract Agreement

A. Upon final completion and acceptance of the Work in accordance with Section 14.07 of the General

Conditions, NBU shall pay the remainder of the Contract Price, including any retainage held, as recommended by the Engineer as provided in said Section 14.07 of the General Conditions.

ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS

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

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

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

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

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

Documents, and safety precautions and programs incident thereto.

E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

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

G. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract

Documents.

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

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

ARTICLE 8 - MISCELLANEOUS

8.01 Terms

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

8.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically, but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release

Rev. 09.01.2024 Page 5 Contract Agreement or discharge the assignor from any duty or responsibility under the Contract Documents. Should an assignment occur, the terms of this provision survive and control any further assignment by an assignee.

8.03 Successors and Assigns

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

8.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

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

8.05 Governing Law

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

8.06 Venue

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

8.07 Prohibition on Contracts with Companies Boycotting Israel

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

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

SENTENCE IF THE CONTRACTOR IS EXEMPT FROM THE ISRAEL BOYCOTT

REQUIREMENT—The Contractor hereby declares that it is exempt from Chapter 2271 of the Texas

Government Code, as amended, relating to the prohibition on contracts with companies boycotting

Israel.]

B. The foregoing verification is made solely to comply with Chapter 2271.002 of the Texas Government

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

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

Organizations Prohibited

A. The Contractor represents that neither it nor any of its parent company, wholly or majority owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the

Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas

Government Code, as amended, and posted on any of the following pages of such officer’s internet website:

Rev. 09.01.2024 Page 6 Contract Agreement https://comptroller.texas.gov/purchasing/publications/divestment.php.

B. The foregoing representation is made solely to comply with Section 2252.152, Texas Government

Code, as amended, and excludes the Contractor and each of its parent company, wholly or majority owned subsidiaries, and other…