00151-027 35 ACRE BID DOCS.pdf

BID

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

35-Acre Public Improvements

WEST RANCH INDUSTRIAL OWNER, L.P.

ON BEHALF OF

WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO. 1

AUGUST 2026

TBPE Registration No. F-9756

Project 00151-027-00

4526 Research Forest Drive, Suite 360

The Woodlands, Texas 77381

WATER & SEWER

ONLY

DETENTION, MASS

GRADING & STORM

ONLY

8/28/2026

153546

MIRNA I. RUIZ

P R

O

F E S S O A L NG IN

E E

R

E

STA

TE OF TEXAS

N

L I C E N S E D

I

08/28/2026

BID

CONTRACT DOCUMENTS AND SPECIFICATIONS

35-ACRE PUBLIC IMPROVEMENTS

WEST RANCH INDUSTRIAL OWNER, L.P.

ON BEHALF OF

WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO. 1

TABLE OF CONTENTS

I INVITATION TO BIDDERS

II INSTRUCTIONS TO BIDDERS

III BID FORM

IV AGREEMENT

V PERFORMANCE BOND

VI PAYMENT BOND

VII MAINTENANCE BOND

VIII GENERAL CONDITIONS OF THE AGREEMENT

IXA SPECIAL CONDITIONS OF THE AGREEMENT (PART A)

IXB SPECIAL CONDITIONS OF THE AGREEMENT (PART B)

IXC ADDITIONAL CONTRCT PROVISIONS

X CONTRACTOR CONSTRUCTION FORMS

• XA - AFFIDAVIT FOR PARTIAL PAYMENT

• XB - AFFIDAVIT FOR FINAL PAYMENT AND BILLS PAID

• XC - CERTIFICATE OF COMPLETION

• XD – TEXAS CONDITIONAL AND UNCONDITIONAL WAIVERS

XI TECHNICAL SPECFICIATIONS

West Ranch Industrial Owner, L.P. INVITATIONS TO BIDDERS

Invitation To Bidders FINAL INV-1 June 5, 2025

INVITATION TO BIDDERS

West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 (Owner) is requesting Bids for the construction of the following Project:

Construction for 35-Acre Public Improvements

00151-027-00

A Non-Mandatory Pre-Bid meeting will be held virtually at 2:00 PM, Wednesday, September 2, 2026. Attendance by each prospective bidder or its representative at the pre-bid meeting is Non- Mandatory. The conference call number is (346) 333-2857. The access code is 338 007 46#

Electronic bids addressed to West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 should be submitted through www.civcast.com and will be accepted until 2:00 PM, September 16, 2026, at which time all bids will be opened and publicly read for the furnishing of all material, equipment, labor and supervision necessary or incidental for the construction of 35-Acre Public Improvements. Bids received after closing time will be returned unopened. The conference call number is (346) 333-2857. The access code is 245 887 954#.

Plans, specifications, and bid documents for the bid opening will be available at www.civcast.com search: Project # 00151-027-00.

By submitting a Bid, Bidder acknowledges and agrees that the Contract Documents may be accepted, executed, or agreed to through the use of an Electronic Signature, as defined by and in accordance with the Owner’s Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in the bidding or bidding process except the time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Owner’s judgment will be most advantageous to, and result in, the best and most economical completion of the Project

Each Bid must be accompanied by a Bid Bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided, and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor. Bidder must register on this website in order to submit a Bid and bid security.

WEST RANCH INDUSTRIAL OWNER, L.P. INSTRUCTIONS TO BIDDERS

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Attention: Pursuant to Texas Government Code § 2252.908, you must be able to provide West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 (the “Owner”) with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filling before award of contract. Bidders are required to submit Form 1295 with bid. Box 3. ID # 00151- 027-00. Failure to do so may result in the Owner’s inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission’s website at https://www.ethics.state.tx.us

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid shall be submitted, in duplicate, on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these instructions, and the instructions printed on the bid form.

All blanks on the bid form shall be completed, typed, or written in ink, and no change shall be made on the bid form or any other of the Contract Documents. All amounts shall be written in figures, with amounts extended and totaled. Minimum unit prices have been established for certain items shown on the bid. See Paragraph 7 of these instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” shall be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if any of the prices are obviously unbalanced; or if it shall, in any manner, fail to conform to the conditions of the Invitation to bidders and these instructions.

The bidder shall sign its Bid in the signature space. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas shall be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State Contractor license number, if any, must also be shown.

The Bid and the Bid Security must be enclosed in a sealed envelope, plainly identified on the outside with the contents (i.e. Bid or Bid Security), the bidder’s name, and the job name and number, and addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is as binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.civcast.com system for such information to Engineer not less than 72 hours before the Bid opening. Answers to these requests will be given, in writing, to all bidders as addenda to the Contract, and each addendum will be made a part of the Contract. No explanation or interpretation of the Contract, other than written addenda, shall be binding.

http://www.civcast.com/

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Should a bidder find discrepancies in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer, so a written addendum may be sent to all bidders. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids.

Each bidder shall inform itself fully of the construction and labor conditions under which the Work will be performed and shall be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the provision of the Contract and to complete the Work for the consideration of its Bid.

3. PRE-BID CONFERENCE. A NON-MANDATORY pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The NON-MANDATORY pre-bid conference will be held at the time and place shown in the Invitation to Bidders.

Attendance by each prospective bidder or its representative at the pre-bid conference is NON- MANDATORY. No person shall represent more than one bidder at the pre-bid conference. If a person claims to represent more than one bidder at the pre-bid conference, the Bid of each bidder so represented will be returned unopened.

4. BID SECURITY. Each Bid shall be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than 5 % of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided and provide the required insurance certificates within 7 days after the date Contract Documents are received by the Contractor. Bid Securities will be returned to all but the three most qualified, responsible bidders within 5 days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract. The surety company providing a bid bond must conform to the same requirements for surety companies providing the performance bonds, maintenance bonds and/or payment bonds described below.

5. BONDS. The successful bidder must furnish a Performance and a Payment Bond, each in the sum of 100 percent of the Contract Price and a one-year Maintenance Bond, naming West Ranch Industrial Owner, L.P. obo Waller County Road Improvement District No. 1 for 100 percent of the Contract Price, from a surety company holding a permit from the State of Texas to act as surety. The successful bidder must also furnish all applicable bonds for all associated local governing bodies. Unless otherwise specified, the cost of proving such Bonds shall be included in the bidders total bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S.

Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for

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any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the aforementioned requirements, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit the Bid Security.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security to the location named in the Invitation to Bidders before the closing time. The fact that a Bid and Bid Security were dispatched will not be considered. The Bid and Bid Security must actually be delivered to be considered.

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing his/her proposal, each bidder is expected to include in his/her base Bid the cost of the item so specified.

However, in certain Technical Specification sections, manufacturers are listed followed by “or equal.” In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each and every Technical Specification. If a Contractor chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an equal. The Contractor is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether an unnamed manufacturer is an “equal” is to be final. No claims for additional cost, time delay, etc. will be accepted if an unnamed manufacturer is submitted by Contractor as a suggested “equal” and Owner decides the item is not “equal.”

Contractor must submit list of items to be submitted as a suggested “or equal” at time of bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM AND EXTRA UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items as shown in the Bid, the bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price.

If no entry is made in the spaces provided, the minimum unit prices shown shall apply. These Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity actually constructed and the unit prices entered in the Bid.

9. TIME FOR COMPLETION. Contractor will not be allowed time extensions that are due to

(i) inclement weather (not including Force Majeure); (ii) non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the time for completion; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent

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delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any other provision of the Contract Documents.

9A. IDENTIFICATION, SUBSTITUTION OF SUBCONTRACTORS. Every bidder shall submit as part of the bid the names and addresses of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of any work for thirty (30) percent or more of the contract amount or to name itself for the work.

10. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder shall submit to Owner, within 5 calendar days of notification, either i) a fully completed Contractor’s Statement of Qualification or ii) a written statement that the most recently submitted Contractor’s Statement of Qualification is accurate, which statement shall be considered in the award of the Contract. Failure to accurately complete the Contractor’s Statement of Qualification or to submit the Statement will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s Statement of Qualification is available from Engineer. No other form of Statement of Qualification will be acceptable. Evidence of out-of-state corporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided.

11. MISCELLANEOUS PARTIES, ETC. This AGREEMENT shall bind and benefit only the parties hereto and their legal successors and permitted assigns. It shall not confer rights or benefits upon any other person or entity. The parties are not partners or joint venturers. The CONTRACTOR is not an agent of OWNER. The CONTRACTOR is an independent contractor controlling details, methods and techniques of work, it being agreed that OWNER shall look only to the results.

11A. ATTORNEY’S FEES. As allowed by Section 2252.904 of the Texas Government Code (as added by Acts 2007, 80th Leg., R.S., Ch. 466, § 1, eff. September 1, 2007) this AGREEMENT provides for award of attorney’s fees to: (i) the OWNER in a dispute in which the OWNER prevails, and (ii) to each other party to this AGREEMENT if that party prevails in the dispute.

11B. VERIFICATIONS, ETC.

(a) By signing this Agreement, CONTRACTOR and the person signing for CONTRACTOR:

(1) confirm that CONTRACTOR has provided to OWNER a signed Form 1295, as required by Section 2252.908, Tex. Gov’t Code;

(2) verify that CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement;

(3) confirm that CONTRACTOR has completed and filed a conflict of interest questionnaire, if required under Ch. 176, Tex. Loc. Gov’t Code (applies if CONTRACTOR has an employment/business relationship with an officer of OWNER, or an officer’s family; has given them certain gifts; or has certain family relationships);

(4) represent and warrant that neither CONTRACTOR nor any wholly-owned subsidiary, majority-owned subsidiary, parent company or affiliate of CONTRACTOR: (i) engages in business with Iran, Sudan or a foreign terrorist organization in violation of Chapter 806, 807 or 2252, Tex. Gov’t Code, or (ii) is listed by the Texas State Comptroller of Public Accounts as provided in Section 806.051, 807.051 or 2252.13, Tex. Gov’t Code (companies doing business with Iran, Sudan or foreign terrorist organizations);

(5) verify that CONTRACTOR does not boycott energy companies and will not boycott energy companies during the term of this Agreement; and

(6) verify that CONTRACTOR does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during

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the term of this Agreement against a firearm entity or firearm trade association.

(b) If the CONTRACT PRICE is $1,000,000 or more: The requirements of Subchapter J, Chapter 552, Government Code (regarding public information), may apply to this contract and the Contractor or vendor agrees that the contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

12. OTHER. This AGREEMENT is governed by Texas law. All obligations are performable in the county in which the PRJOECT is principally located. Any previous agreements between the parties relating to the WORK are merged into and included in this AGREEMENT. This AGREEMENT is the full and final expression of their agreement. This AGREEMENT may only be amended in writing, approved as required by the OWNER'S governing laws, rules, orders, resolutions, ordinances, etc.

13. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Alternate bid items will not be considered unless requested in the Bid Form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AGREES TO FULLY AND FOREVER WAIVE AND

RELEASE ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE

OWNER, ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, AND AGENTS ARISING OUT OF OR IN

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CONNECTION WITH THE: (I) ADMINISTRATION, EVALUATION, OR RECOMMENDATION

(OR LACK THEREOF) OF ANY BID; (II) WAIVER OF ANY REQUIREMENTS UNDER THE BID

DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (III) ACCEPTANCE OR REJECTION

OF ANY BIDS AND AWARD OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the Total Base Bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the Total Amount Bid (including “Extra Unit Price Items” items or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

If the contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the contract is to be awarded, Owner will give the successful bidder a notice of award within sixty (60) calendar days after the day of the Bid opening.

Within seven (7) calendar days of receipt from the Owner of the Notice of Award, the successful bidder must submit to the Engineer the original Bonds and all information or other items necessary to complete the Contract Documents, including the Schedule of Completion and Contractor’s safety program. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the bid and accept another bid and the bidder shall, at Owner’s option, forfeit its bid security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees and other similar items are part of the cost of the Work and it shall be Contractor’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to the same. The prices, sums, rates and other charges set forth in the Contractor’s Bid shall cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and Contractor shall not collect Texas sales and use taxes from Owner with respect to this Contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Used Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311: (i) tangible personal property that will be incorporated into Owner’s realty; (ii) tangible personal property that is necessary and essential for the performance of this contact and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this Contract that are performed at the job site and are either integral to the performance of this Contract or expressly required to be provided by this Contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) shall pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas Sales and use taxes. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least four original sets for signature, one for delivery to the successful bidder.

Owner will furnish the successful bidder six sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates. The successful bidder shall provide four signed originals of each of the Bonds to be bound with the Contract Documents.

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17. WORKER’S COMPENSATION INSURANCE. See section entitled “INSURANCE” in Special Conditions Part A of the Contract.

18. SOILS REPORT. If a soils investigation has been made for this project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the character of the materials to be encountered.

Owner and Engineer disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner and Engineer further disclaim responsibility for interpretation of that data by bidder, i.e. projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or underground facilities.

19. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall ascertain the general prevailing wage rate received by the classes of workers employed on projects similar to this project and shall specify in the call for Bids and in the Contract the minimum wage rates which shall be paid for each type of worker. This statute further provides that the Contractor or subcontractors shall pay, as penalty, to Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract.

The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the accrual per diem wages paid to each worker. These records are open to the inspection of Owner.

(B) The minimum wage rates that apply to this Contract are specified in the Special Conditions Part A of the Contract. Contractor and subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

BID FORM

To: West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 c/o Ward, Getz & Associates LLC

4526 Research Forest Drive, Suite 360

The Woodlands, TX 77381

Attention: Sam Lakatos, P.E.

Bidder acknowledges receipt of the following addenda:

(Initial) (Initial) (Initial)

(Initial) (Initial) (Initial)

BID FORM

for

35-Acre Public Improvements for

West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 in

Waller County, Texas

The undersigned, as Bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation;

that he has carefully examined the Instructions to Bidders, the General Conditions of Agreements, the Special

Conditions, the Specifications, the Plans, the site location, the site conditions, and classes of materials of the proposed work described herein; and agrees that he will provide all the necessary labor, machinery, tools, superintendence and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein, and for the prices set forth in the attached bid proposal.

In submitting this bid form the Bidder agrees, if this bid is accepted, to enter into a binding agreement with the owner, under the terms and conditions included in the contract documents. Bidder agrees to provide materials and labor to complete work in accordance with the contract documents at the prices specified in this Bid

Proposal. This Bid Proposal will remain subject to acceptance for sixty (90) days after the bid opening date, and the Bidder may not withdraw bids for this period. The Bidder shall sign and deliver all Agreement documents, and Bonds specified in the Contract Documents within seven (7) calendar days of Notice of Award.

The Bidder agrees that the work will be complete in full within specified contract days below of the Notice to

Proceed. The total contract price may increase or decrease based on work that may be added or removed during construction based on the proposed prices and actual work completed. Actual quantities shall be measured in accordance with the conditions specified in the Contract Documents. Bid prices should be written in figures and in long hand with written words; in the event of any discrepancies, bid prices in written words will maintain precedence.

The Owner reserves the right to award based on any combination of items in the Bid Proposal and or reject any and all bids.

Addendum No. 1 Addendum No. 2 Addendum No. 3

Addendum No. 4 Addendum No. 5 Addendum No. 6

BID - 1

Bidder Initial

BID FORM

CONTRACTOR Witness

Address

Signature of Bidder

Printed Name of Bidder

Date

Phone Number

Email Address

The following table describes the phases of work to be completed, construction time frames for each phase of work, and any incentives or economic disincentives that may apply. Bidder shall specify the number of days proposed to complete each phase of work.

Description of Work

Substantial Days to Complete

(Notice to Proceed to

Substantial Completion

Final Days to Complete

(Substantial Completion to Final

Completion)

Total Completion

Time

TOTAL BASE BID :

(Equal to Base Bid Amount from following pages)

Seal (if applicable)

Construction of 35-

Acre Public

Improvements

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

BID PROPOSAL SUMMARY:

BID - 2

Bidder Initial

ITEM No. DESCRIPTION QUANTITY UNIT UNIT PRICE COST

UNIT A: MOBILIZATION

A1 Move-in and start up, including all permits, performance, payment, and maintenance bonds. 1 LS $ $

UNIT B: SITE PREPARATION & RESTORATION

B1 Site Preparation (to rid the areas of construction of vegetation, debris, and organic matter, including stripping existing topsoil, stockpiling topsoil, replacing topsoil over open cut areas and provide positive drainage). 1 LS $ $

B2 Site restoration including hydro-mulch seeding of disturbed proposed water and sanitary sewer route areas, as necessary. Contractor to ensure growth of vegetation by whatever means necessary, including re-seeing, over-seeding or watering at no separate pay. 1 LS $ $

UNIT C: WATER IMPROVEMENTS

C1 12-inch pipe C900-DR18 (class 235) PVC waterline via open cut construction

(all depths) (including bends, fittings, copper tracer wire, bedding, backfill, and testing) Complete in Place. 2040 LF $ $

C2 12-inch pipe C900-DR18 (class 235) PVC waterline via open cut construction

(all depths) with restrained joint fittings, including all bends, fittings and other waterline appurtenances, Complete in Place. 90 LF $ $

C3 20-inch steel casing for waterline via open cut construction including spacers, fittings, bedding, backfill, and testing, Complete in Place. 228 LF $ $

C4 Additional cost for trenchless construction of 12-inch pipe C900-DR18 (class

235) P.V.C. waterline, including excavation and backfill of bore pits, and fittings (not including pipe), Complete in Place. 80 LF $ $

C5 Fire Hydrant Assembly (including 6" leads & gate valve; all depths). 7 EA $ $

C6 Furnish and Install 12-inch Gate Valve and Box, complete in place. 1 EA $ $

C7 Connect proposed 12-inch waterline to existing 12-inch waterline via wet connection, including fittings, complete in place. 1 EA $ $

C8 Connect proposed 12-inch waterline to existing 12-inch waterline via 12" x

12" TS&V, including fittings, complete in place. 1 EA $ $

C9 Cut and Remove existing waterline and blow-off valve, including fittings and appurtenances, to install 12-inch Wet Connection. 1 EA $ $

UNIT D: SANITARY SEWER IMPROVEMENTS

D1 8-Inch PVC Sewer Pipe, ASTM D-3034, SDR 26 via open cut construction, all depths (including fittings, copper tracer wire, bedding, backfill, and testing), Complete in Place. 1445 LF $ $

D2 Additional cost for trenchless construction of 8-Inch PVC Sewer Pipe, ASTM

D-3034, SDR 26, including excavation and backfill of bore pits, and fittings

(not including pipe), Complete in Place. 40 LF $ $

D3 16-inch steel casing for sanitary sewer via open cut construction including spacers, fittings, bedding, backfill, and testing, Complete in Place. 183 LF $ $

D4 16-inch steel casing for sanitary sewer via trenchless construction including spacers, fittings, bedding, backfill, and testing, Complete in Place. 66 LF $ $

D5 Furnish and install 8-inch Plug and Clamp. 1 EA $ $

D6 Standard 4' Diameter Sanitary Sewer Manhole, (0' - 8' Depth), Includes adjustments, Complete In Place. 6 EA $ $

35-Acre Public Improvements

Bid Form West Ranch Industrial Owner, L.P. on behalf of

8/28/2026

Waller County Road Improvement District No. 1

Bid Form West Ranch Industrial Owner, L.P. on behalf of

8/28/2026

Waller County Road Improvement District No. 1

D7 Extra Vertical Depth For 4' Diameter Sanitary Sewer Manhole (Over 8'

Depth), Complete In Place. 51 VF $ $

D8 Connect 8-inch line to existing manhole, (including fittings, bedding, backfill, and testing), Complete in Place. 1 EA $ $

UNIT E: DETENTION POND SITE PREP, EXCAVATION AND CONSTRUCTION

E1 Site Preparation for pond and mass grading areas (to rid the areas of construction of vegetation, debris, and organic matter, including stripping existing topsoil, stockpiling topsoil, replacing topsoil over open cut areas and provide positive drainage). 1 LS $ $

E2 Excavation of material from proposed detention ponds as required to achieve the final elevations and grades shown on the plans, complete in place. Quantity of in situ material shall be verified prior to commencement of excavation or hauling operations. No adjustment shall be made for variations in actual quantities. 233700 CY $ $

E3 Onsite disposal of excess pond excavation per mass grading plan (includes site preparation of spoil areas; scarifying, compaction, and proof-rolling of spoil areas; hauling excavation; spreading fill; compacting fill to 95% of

ASTM D698; and grading completed fill to assure positive drainage), complete in place. 148000 CY $ $

E4 Offsite disposal of excess pond excavation at the direction of the Owner to be no more than 5 miles from the boundary of the proposed site (includes site preparation of spoil areas; scarifying; hauling excavation; spreading fill), complete in place. 85700 CY $ $

E5 Construct 10-foot-wide pond backslope swale, complete in place. 2000 LF $ $

E6 Back slope interceptor (includes pipe, couplers, extenders, and all other necessary appertunances), complete in place. 1 EA $ $

E7 5-inch thick reinforced concrete slope paving for pond outfalls, side slopes, and extreme event overflow (Including filter fabric, all outfalls and extreme event overflow weep holes, toe walls, re-bar and expansion joints), complete in place. 5880 SY $ $

E8 Hydromulching of detention and fill areas, using a mixture of seeds, fertilizing, and watering as specified in Standard Specification 02421 for the

Public Detention Ponds and Mass Grading planset. Contractor to ensure growth of vegetation by whatever means necessary, including re-seeing, over-seeding or watering at no separate pay. 14.59 AC $ $

UNIT F: STORM SEWER IMPROVEMENTS

F1 24-inch RCP, ASTM C-76 , Class III, all depths, (including bedding and backfill), complete in place. 286 LF $ $

F2 72-inch RCP, ASTM C-76 , Class III, all depths, (including bedding and backfill), complete in place.

80 LF $ $

F3 Furnish and install reinforced concrete junction box with Type "Y" inlet top, all depths, including bedding and backfill, complete in place. 2 EA $ $

UNIT G: MISCELLANEOUS DETENTION ITEMS

G1 Construct temporary drainage swale around stockpile areas, complete in place.

4000 LF $ $

Bid Form West Ranch Industrial Owner, L.P. on behalf of

8/28/2026

Waller County Road Improvement District No. 1

G2 Furnish and install chain link fence and gate consisting of 2-inch (2") mesh fabric of No. 9 steel wire, hot-dip galvanized after weaving and coated with black PVC, including posts, concrete post footings, tension wire, horizontal bracing, barbed wire, gates, and all other necessary appurtenances, complete in place. 1620 LF $ $

G3 Furnish and install sawtooth concrete curb per the details, complete in place. 228 LF $ $

UNIT H: DEMOLITION

H1 Remove existing 24-inch storm sewer pipe and dispose of removed materials off site in compliance with all applicable regulations. 34 LF $ $

H2 Remove existing storm sewer manhole include all labor, equipment, excavation, handling, hauling, backfilling as required, and off-site disposal necessary to remove the existing storm sewer manhole and associated materials, complete in place. 2 EA $ $

H3 Remove existing backslope interceptor and dispose of all removed materials off site in compliance with applicable regulations. 1 EA $ $

H4 Provide pumps for draining existing wet bottom pond, including operation, maintenance, fuel, piping, fittings and necessary silt control as directed by the Engineer. 1 LS $ $

H5 Demuck existing swales and wet bottom areas of pond, backfill with suitable material as required to restore the area to design lines and grades

1 LS $ $

H6 Remove existing concrete pilot channel and dispose of all removed materials off site in compliance with applicable regulations. 1650 LF $ $

H7 Adjust existing backslope interceptor pipe to match pond top of safety shelf elevation after pond grading. Include all labor, materials, equipment, fittings, connections, incidental work, and restoration required to complete the work. Repair damage caused by Contractor operations at no additional cost to the Owner. 3 EA $ $

UNIT I: ADDITIONAL ITEMS

I1 Placement of SWPPP, reinforced filter fabric fence as directed by Engineer

(including installation, maintenance, and removal) and street sweeping as needed to remove sediment tracked onto public roadways throughout the duration of the project. 1 LS $ $

I2 Trench Safety System for all pipe sizes, all depths. 3,665 LF $ $

I3 As-Built Services 1 LS $ $

I4 Traffic control and regulation as needed. 1 LS $ $

UNIT J: SUPPLEMENTAL ITEMS

J1 Remove, dispose of offsite, and replace existing concrete pavement and curb to nearest construction joints to match existing, as directed by the

Engineer. 40 SY $ $

J2 Remove, dispose of offsite, and replace existing 6-inchcurb to nearest construction joints to match existing, as directed by the Engineer. 40 LF $ $

Bid Form West Ranch Industrial Owner, L.P. on behalf of

8/28/2026

Waller County Road Improvement District No. 1

J3 Provide pumps for dewatering including operation, maintenance, fuel, piping, fittings and necessary silt control as directed by the Engineer. 600 HR $ $

UNIT K: ALTERNATE ITEMS

K1 Onsite disposal (stockpile) of excess pond excavation at the direction of the

Owner (includes site preparation of spoil areas; scarifying; hauling excavation, stockpiling), complete in place.

85700 CY $ $

SUMMARY:

UNIT A: MOBILIZATION $

UNIT B: SITE PREPARATION & RESTORATION $

UNIT C: WATER IMPROVEMENTS $

UNIT D: SANITARY SEWER IMPROVEMENTS $

UNIT E: DETENTION POND SITE PREP, EXCAVATION AND CONSTRUCTION $

UNIT F: STORM SEWER IMPROVEMENTS $

UNIT G: MISCELLANEOUS DETENTION ITEMS $

UNIT H: DEMOLITION $

UNIT I: ADDITIONAL ITEMS $

UNIT J: SUPPLEMENTAL ITEMS $

TOTAL $

Notes:

West Ranch Industrial Owner, L.P. AGREEMENT

IV - 1

AGREEMENT

STATE OF TEXAS }

COUNTY OF WALLER }

THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of __________, ______, by and between West Ranch Industrial Owner, L.P. on behalf of Waller County Road Improvement District No. 1 c/o Wallace and Philbin, LLP, 6363 Woodway Drive, Suite 800 Houston, Texas 77057, hereinafter termed “Owner”, and ___________________, City of ___________, County of ____________, and State of ________, hereinafter termed “Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General

Conditions. Ward, Getz & Associates LLC, shall be referred to herein as the “Engineer.”

For and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows:

Contractor shall commence and complete the Work generally described as follows according to those particular Plans and Technical Specifications prepared by Engineer for the initial Contract Price for the Construction of:

35-ACRE PUBLIC IMPROVEMENTS

WEST RANCH INDUSTRIAL OWNER, L.P.

ON BEHALF OF

WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO. 1

WALLER COUNTY, TEXAS

and all Extra Work in connection therewith, under the terms as stated in the General and Special Conditions of the Agreement, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents, including, but not limited to, Invitation to Bidders, Instructions to Bidders, General and Special Conditions of the Agreement, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications, on file with Engineer. Contractor represents and warrants to the Owner that it has carefully examined this Agreement and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within 10 Calendar Days after the written

Notice to Proceed has been given by Engineer. Contractor hereby also agrees to achieve Substantial Completion of the Work within ______ Calendar Days after the date of the written Notice to Proceed. Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents the initial Contract Price of $ __________________, plus or minus any increases or decreases to the initial Contract Price as provided by the Contract. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefore, subject to additions and deductions as approved by Change Order under the Contract Documents, and to make payments on account thereof as provided therein.

West Ranch Industrial Owner, L.P. AGREEMENT

IV - 2

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written.

WEST RANCH INDUSTRIAL OWNER, L.P. OBO

WALLER COUNTY ROAD IMPROVEMENT

DISTRICT NO. 1

Owner

ATTEST: By:

Name:

Title:

Contractor

ATTEST: By:

Name:

Title:

(The following is to be executed if the Contractor is a Corporation.)

I, __________________________________, certify that I am the secretary of the Corporation named as Contractor herein; that ___________________________________________, who signed this Contract on behalf of Contractor, was then _______________________________ __________________________ of said Corporation; that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Signed: __________________________________

Corporate Seal

PERFORMANCE BOND COVERING ALL CABLE, CONDUIT AND/OR POLE LINE

ACTIVITY IN, UNDER, ACROSS OR ALONG WALLER COUNTY ROAD,

COMMERCIAL DRIVEWAY AND MEDIAN OPENINGS OR MODIFICATIONS

(AUTHORIZED)

BOND NO:

THE STATE OF TEXAS §

COUNTY OF WALLER §

KNOW ALL MEN BY THESE PRESENTS:

THAT WE, whose (address, phone) is Texas, hereinafter called the Principal, and

, a Corporation existing under and by virtue of the laws of the state of and authorized to do an indemnifying business in the state of Texas, and whose principal office is located at (name/address/phone) , whose officer residing in the State of Texas, authorized to accept service in all suits and actions brought within said state is and whose address is , hereinafter called the Surety, and held and firmly bound unto , Carbett “ Trey” J. Duhon III, County Judge of Waller County, Texas, or his successors in office, in the full sum of Dollars ($ ) current, lawful money of the United States of America, to be paid to said Carbett “Trey” J. Duhon, County Judge of Waller County, Texas, or his successors in office, to which payment well and truly to be made and done, we, the undersigned, bind ourselves and each of us, our heirs, executors, administrators, successors, assigns, and legal representatives, jointly and severally, by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT, WHEREAS, the above bound principal contemplates laying, constructing, maintaining and/or repairing one or more cables, conduits, and/or pole lines in, under, across and/or along roads, streets and highways, commercial driveway and median openings or modifications in the County of Waller, and the State of Texas, under the jurisdiction of the Commissioners' Court of Waller County, Texas.

AND WHEREAS, the principal desires to provide Waller County with a performance bond covering all such cable, conduit and/or pole line activity, commercial driveway and median openings or modifications;

NOW, THEREFORE, if the above bound principal shall faithfully perform all its cable, conduit and/or pole line activity

(including, but not limited to the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines) in, under, across and/or along roads, streets and highways, commercial driveway and median openings or modifications in the County of Waller and State of Texas, under the jurisdiction of the Commissioners Court of Waller County, Texas, pursuant to and in accordance with minimum requirements and conditions at the time and in the manner therein specified, and shall pay over and make good and reimburse Waller County, all loss and damages which Waller County may sustain by reason of any failure or default on the part of said principal, then this obligation shall be null and void, otherwise to remain in full force and effect.

This bond is payable at the County Courthouse in the County of Waller and State of Texas.

It is understood that at any time Waller County deems…