Bid Contract_The Highlands Section 23A PAV.pdf

CONTRACT DOCUMENTS &

SPECIFICATIONS

FOR

PAVING IMPROVEMENTS FOR

THE HIGHLANDS SECTION 23A

FOR

MONTGOMERY COUNTY

MUNICIPAL UTILITY DISTRICT

NO. 140

Project No. 41544-101

JULY 2026

41544-101 S & C- 1

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR THE CONSTRUCTION OF

PAVING IMPROVEMENTS FOR THE HIGHLANDS SECTION 23A

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 140

LOCATED IN

MONTGOMERY COUNTY, TEXAS

PAPE DAWSON PROJECT NO. 41544-101

Seals & Certifications

Pape-Dawson Engineers

Texas P.E. Board Firm Registration No. 470 Brent Palermo, P.E.

The Professional Engineer whose signed and dated seal appears above was in responsible charge of preparing the following sections of the Contract Documents, which are fully identified by Section Number and Title in the TABLE OF CONTENTS:

00100, 00200, 00410, 01410, 01415, 01500, 01578, 01600, 01660, 01710, and Technical Specifications as listed in the Table of Contents.

7/13/2026

THE HIGHLANDS SECTION 23A (PAV)

TABLE OF CONTENTS

41544-101 TOC - 1

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

00100 INVITATION TO BIDDERS

00200 INSTRUCTIONS TO BIDDERS

00410 BID FORM

CONFLICT OF INTEREST QUESTIONNAIRE

00610 PERFORMANCE BOND

00615 PAYMENT BOND

00620 MAINTENANCE BOND

00700 CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

00800 SUPPLEMENTARY CONDITIONS

00810 ADDITIONAL CONDITIONS

00900 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE – MONTGOMERY COUNTY MUD 140.

DIVISION 01 – GENERAL REQUIREMENTS

01410 TESTING LABORATORY SERVICES

01415 OBSERVATION OF CONSTRUCTION

01500 TEMPORARY FACILITIES AND CONTROLS

01578 CONTROL OF GROUND WATER AND SURFACE WATER

01600 MATERIALS AND EQUIPMENT

01660 CLEANING AND ADJUSTING

01710 PROJECT RECORD DOCUMENTS

TECHNICAL SPECIFICATIONS AND MAINTENANCE OF EROSION AND SEDIMENTATION CONTROL SYSTEMS

DIVISION 02 – SITE WORK

02110 CLEARING AND GRUBBING

02120 STRIPPING, STOCKPILING, AND PLACING TOPSOIL

02210 EARTHWORK FOR PAVING

02215 EXCAVATING, TRENCHING AND BACKFILLING FOR UTILITIES

02220 COMPACTED FILL

02310 JACKING, BORING OR TUNNELING PIPE

02336 LIME STABILIZED SUBGRADE

02510 PORTLAND CEMENT CONCRETE PAVING

02610 CEMENT STABILIZED SAND

02910 TREE PROTECTION

02915 TURF ESTABLISHMENT

DIVISION 03 – CONCRETE

03200 CONCRETE REINFORCEMENT

03310 PORTLAND CEMENT CONCRETE

THE HIGHLANDS SECTION 23A (PAV)

TABLE OF CONTENTS (CONTINUED)

41544-101 TOC - 2

APPENDIX – FORMS SPECIFIED IN THE CONTRACT

CONTRACTOR’S STATEMENT OF QUALIFICATIONS

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

AFFIDAVIT OF BILLS PAID

Notes:

A. If a discrepancy occurs between the Technical Specifications in these Contract Documents and the technical specifications of the jurisdiction where the Work is being performed, the more stringent shall take precedence.

* END *

MONTGOMERY COUNTY MUD NO. 140 INVITATION TO BIDDERS

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INVITATION TO BIDDERS

Sealed Electronic Bids, addressed to Montgomery County Municipal Utility District No. 140, Attention Brent Palermo, P.E., will be electronically received, until 9:30 a.m. local time, Tuesday, July

21st, 2026, and then publicly opened at www.CivcastUSA.com for “Paving Improvements for The Highlands Section 23A” in Montgomery County, Texas” All prospective bidders are invited to attend by calling Microsoft Teams by calling by calling 210-926-0892 and use the Conference ID: 761 004 162#.

Scope of Work of the Contract includes the: Paving Improvements

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference call will be held at 9:30 a.m. local time, Tuesday, July 14th, 2026. All prospective bidders are invited to attend by calling 210-926-0892 and use the Conference ID: 977 434 031#. Attendance by each prospective bidder or its representative at the pre-bid conference is NON-MANDATORY.

Each Bid must be accompanied by a bid bond acceptable to the Owner, in an amount not less than 5 percent 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 7 days after the date Contract Documents are received by the Contractor.

Copies of the bidding documents are on file at the following locations: www.CivcastUSA.com

Copies of the bidding documents may be obtained from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download specifications, plans, soils report and environmental reports for this project. There is NO charge to view or download documents.

Bidder must submit its Bid and bid securities in compliance with Owner’s Order Adopting Section

49.2731 Electronic Bidding Rules and all Bids and bid securities must be submitted through www.CivcastUSA.com.

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 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 bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and/or Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

MONTGOMERY COUNTY MUD NO. 140

http://www.civcastusa.com/

MONTGOMERY COUNTY MUD NO. 140 INSTRUCTIONS TO BIDDERS

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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.CivcastUSA.com] for such information to Engineer not less than 7 calendar days 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.

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

00200-2 of 6 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.

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 percent 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 for 100 percent of the Contract Price, from a surety company holding a permit from the State of Texas to act as surety. 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 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.

00200-3 of 6

6. INTERESTED PARTY DISCLOSURE. Prior to execution of the contract by the District, the Contractor will be required to submit a Texas Ethic Commission Form 1295. Please see https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for details related to this disclosure.

7. 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.

8. “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.

9. 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.

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

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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11. 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.

12. 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.

13. 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 CONNECTION WITH THE: (I) ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (II) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR

00200-5 of 6

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 days after the day of the Bid opening.

14. 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 contact.

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.

15. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least one original set for signature, one for delivery to the Owner. Owner will furnish the successful bidder five 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.

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

17. 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, 00200-6 of 6 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.

18. 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.

PAV FOR THE HIGHLANDS SECTION 23A 07/2026

FOR:

DATE:

SUBMITTED BY:

Bidding Firm's Full Name

Address

City, State Zip

Phone Number

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________ c/o Pape-Dawson Consulting Engineers, LLC

ATTN: Brent Palermo, P.E.

2107 CityWest Blvd, 3rd Flr

Houston, Texas 77042

SECTION 00410

BID FORM

Paving Improvements for The Highlands Section 23A

Having received and carefully examined the Bidding Documents, the other related data identified in the Bidding

Documents, the Project Site, and the Addenda listed in the following table, I, the Undersigned submit this Bid Form.

41544-101-402 00410 - 1 PAPE-DAWSON

(1)

(2)

(3)

(4)

(5)

(6)

(7)

I acknowledge that:

(1)

(2)

(3)

(4)

(5)

(6)

Furthermore, I certify that:

(1)

(2)

(3)

(4)

(5) to accept all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security;

no other individuals or entities have been solicited or induced to refrain from bidding or to submit a false Bid;

that this Bid will be open to acceptance and is irrevocable for 60 calendar days from the Bid closing date.

that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted;

to enter into and execute the Agreement within 9 calendar days of receipt of Notice of Award or acceptance of this Bid and to furnish the required bonds and a certificate of insurance within 5 calendar days of receipt of Notice of Award or acceptance of this Bid;

to accomplish the Work in accordance with the Contract Documents by furnishing all materials, equipment, and labor for proper construction and completion of the Work; and to the Contract Times as specified in the Agreement.

the estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit

Price bid items will be based on actual quantities, determined as provided in the Contract Documents;

that the Owner reserves the right to award any combination of the items in the Bid Form;

the Owner reserves the right to reject any and all Bids;

For the performance of the Work, the enclosed amounts are bid. The unit prices and extended totals on the following pages are written in figures with the unit prices prevailing in the event of any discrepancies. In submitting this Bid Form, I agree:

LIQUIDATED DAMAGES FOR DELAY/ECONOMIC DISINCENTIVE. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach are incapable or very difficult of ascertainment. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for liquidated damages in the amount of [$500] for each such calendar day, which sum the parties agree is a reasonable forecast of the damages the Owner will sustain per day that the Work remains uncompleted and in no way constitutes a penalty. Said [$500] per day shall also be considered an “economic disincentive for late completion of the Work” pursuant to Section 49.271(e), Texas Water Code. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond the Owner reserves the right to reject any or all proposals and to waive irregularities in the bidding. In case of ambiguity or lack of clearness in stating the prices in the proposal, the Owner reserves the right to consider the most adavantageous construction thereof or to reject the proposal;

the total Contract Price may be increased or decreased or the total Contract Time reduced or extended to compensate for changes in the Work as ordered by the Owner; and this Bid is genuine, and the only person or parties associated with or having an interest in this Bid as principals are those named herein;

The Undersigned hereby declares that he has visited the site and has carefully examined the Site Conditions, Drawings, Specifications, Contract Documents, and Bidding Documents related to the work covered by his Bid.

this Bid is made without collusion involving any other person, group, partnership, or corporation;

the amounts given in this Bid have been carefully checked and are submitted as correct and final; and the Contractor's Statement of Qualifications has been completed true and accurate and is included with this Bid.

41544-101-402 00410 - 2 PAPE-DAWSON

Bidder: Witness:

By:

Title:

Address:

Phone:

E-Mail:

Bonds on Behalf of Corporate Surety:

[Corporate Seal]

Performance, Payment and Maintenance Bonds will be issued by (Name of Corporate Surety):

Name and Address of Local Agency for Corporate Surety:

Phone Number:

Name of Person(s) Executing

E-Mail:

Name of Insurance Agency:

Phone Number:

41544-101-402 00410 - 3 PAPE-DAWSON

BASE BID ITEMS:

Paving Items Subtotal $

Storm Water Pollution Prevention Plan Items Subtotal $

Miscellaneous Items Subtotal $

Alternate Items Subtotal $

CONTRACT TIME:

Paving Improvements for The Highlands Section 23A

PD PROJECT NO. 41544-101-402

BID SUMMARY

Paving Improvements for The Highlands Section 23A Grand Total

We will complete the Paving Items in _______ calendar days (45 days maximum) from the Notice to Proceed.

Completion time includes ________ calendar days (14 days minimum) for adverse weather conditions, and we acknowledge that time is of the essence to Owner and additional adverse weather days will not be granted.

41544-101-402 00410 - 4 PAPE-DAWSON

Paving Improvements for The Highlands Section 23A

Item

No.

Item Description Unit

Approx.

Quantity Unit Price Total Amount

1 Roadway & Lot Excavation, Complete Cubic

Yard

24,940

2 Spread and Compact Excavation Spoils Onsite as

Shown in the Construction Plans (this includes roadway & lot excavation, as well as spoils previously stockpiled at site); Includes Proof Rolling, Interim

Drainage (Includes Cutting Swales to Provide Positive

Drainage); Onsite Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material, As

Directed by Engineer, Complete in Place

Cubic

Yard

8,290

3 Spread and Compact Excess Excavation Spoils at

Location Within 3.0 Miles of Excavation Site; Includes

Proof Rolling, Interim Drainage (Includes Cutting

Swales to Provide Positive Drainage); On-Road

Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material, As Directed by

Engineer, Complete in Place

Cubic

Yard

16,650

4 Spread and Compact Utility Spoils at Location Within

3.0 Miles of Excavation Site; Includes Proof Rolling, Interim Drainage (Includes Cutting Swales to Provide

Positive Drainage); On-Road Hauling, and Uniformly

Spreading, Shaping, Grading, and Compacting Spoil

Material, As Directed by Engineer, Complete in Place

Cubic

Yard

12,000

5 Lot Grading, Including Lot Preparation, Grading and

Compaction, Complete in Place

Each 93

6 Lime for Subgrade Stabilization, When Required by

Soil Conditions and When Authorized by Owner, Complete in Place

Ton 154

7 Fly-Ash for Subgrade Stabilization, When Required by

Soil Conditions and When Authorized by Owner, Complete in Place

Ton 360

8 Manipulation of Lime and Fly-Ash for Stabilization of

8-Inch Compacted Subgrade, When Required by Soil

Conditions and When Authorized by Owner, Complete in Place

Square

Yard

14,535

Paving Items

41544-101-402 00410 - 5 PAPE-DAWSON

Item

No.

Item Description Unit

Approx.

Quantity Unit Price Total Amount

9 8-Inch Compacted Subgrade, Complete in Place Square

Yard

14,535

10 6-Inch Reinforced Concrete Pavement, Complete in

Place (Saw-Cut Control joints shall be spaced a maximum of 15-feet apart)

Square

Yard

12,273

11 7-Inch Reinforced Concrete Pavement, Complete in

Place (Saw-Cut Control joints shall be spaced a maximum of 15-feet apart)

Square

Yard

12 4-Inch by 12-Inch Reinforced Concrete Curb, Complete In Place

Linear

Foot

5,021

13 6-Inch Reinforced Concrete Curb, Complete in Place Linear

Foot

2,152

14 Metal Beam Guard Fence, Complete in Place

(Including Downstream Anchor Terminal and Single

Guardrail Terminal (MSKT))

Linear

Foot

15 Concrete Wheel Chair Ramp Meeting ADA

Requirements (includes Neenah detectable warning plate), Complete in Place

Each 2

16 24" Thermoplastic Stop Bar, Complete in Place Each 4

17 Tie-in to Existing Pavement, Complete in Place Each 2

18 2-Foot Full Depth Saw Cut and Remove Existing 10-

Inch Reinforced Concrete Pavement, Complete in

Place

Linear

Foot

19 Traffic Control and Street Signs for Streets Within

The Highlands Section 23A, Including Traffic and

Zone Marking Paint and Raised Pavement Markings, Complete in Place (signs supplied by Owner)

Lump

Sum

20 Relocate Existing Gravel Road within Lot Boundaries, Complete in Place

Lump

Sum

21 Daylight Drainage Swales at the Back of Lots (Block

3), Grade to Provide Positive Drainage, As Shown in

Construction Plans, Complete in Place

Lump

Sum

22 Texas MUTCD Type III Barricade, Complete in Place Each 1

23 Removal and Disposal Offsite of Existing Texas

MUTCD Type III Barricade, Complete in Place

Each 1

Paving Items (Cont.)

Paving Items Subtotal $

41544-101-402 00410 - 6 PAPE-DAWSON

Item

No.

Item Description Unit

Approx.

Quantity Unit Price Total Amount

24 Compliance with the Texas Commission on

Environmental Quality’s (TCEQ) Texas Pollutant

Discharge Elimination System (TPDES) Regulations

Under the State of Texas General Permit No.

TXR150000, Including Storm Water Pollution

Prevention Plan (SWPPP) Preparation, Filing, Installation, Maintenance, Inspections, Reporting, etc. as Required by Said Permit.

Lump

Sum

25 Stabilized Construction Road and Exit, When

Authorized by Owner, Complete in Place.

Each 1

26 Vehicle Washdown Area, When Authorized by

Owner, Complete in Place.

Each 1

27 Move-in and Start-up as Required to Begin

Construction

Lump

Sum

28 Control and Construction Staking for Construction and/or Installation of Paving Items and Required

Appurtenances; as per Staking Contract, to be provided by Engineer, Complete in Place

Lump

Sum

$ 22,000.00 $ 22,000.00

29 As-Built Staking at Construction Completion for

Paving Items and Required Appurtenances; as per

Staking Contract, to be provided by Engineer, Complete in Place

Lump

Sum

$ 15,000.00 $ 15,000.00

30 General Control and Construction Staking for

Construction when Required and Approved by

Owner or Engineer; To be Provided by the Engineer

Lump

Sum

$ 4,500.00 $ 4,500.00

31 Extra Cement-Stabilized Sand, When Authorized by

Owner, Complete in Place (Minimum Unit Price of

$20.00 per Cubic Yard)

Cubic

Yard

A-1 Crash Gate at the North Crossing, Complete in Place Each 1

Storm Water Pollution Prevention Plan Items

Storm Water Pollution Prevention Plan Items Subtotal $

END OF BID FORM

Paving Improvements for The Highlands Section 23A Grand Total $

Miscellaneous Items

Miscellaneous Items Subtotal $

Alternate Items

Alternate Items Subtotal $

41544-101-402 00410 - 7 PAPE-DAWSON

Version 2017.1

Montgomery County MUD No. 140 __PERFORMANCE BOND

PERFORMANCE BOND

STATE OF TEXAS Contract Date _______________________

COUNTY OF ___________________________ Date Bond Executed __________________

PRINCIPAL __________________________________________________________________

SURETY _____________________________________________________________________

OWNER MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 140_____

PENAL SUM OF BOND (in words and figures) _______________________________________ ______/100th Dollars ($______________), being 100 percent of the Contract Price.

CONTRACT for “Paving Improvements for The Highlands Section 23A” for Montgomery County Municipal Utility District No. 140, Montgomery County, Texas (the “Contract”).

KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal entered into that certain Contract with Owner, dated the same date as this bond, which Contract is expressly incorporated herein for all purposes.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal well and truly performs the work in accordance with the plans, specifications and any other contract documents, during the original term of the Contract and any extensions thereof that may be granted by Owner, with or without notice to Surety, and during the life of any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain in full force and effect. Should the Principal fail to faithfully and strictly perform the work as required by the Contract in all its terms, the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in consequence thereof.

This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions contained herein and in the Contract are applicable whether or not within the scope of said statute.

Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.

Montgomery County MUD No. 140 __PERFORMANCE BOND

The bound parties have executed this instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract.

_______________________________________ ATTEST

PRINCIPAL

By _____________________________________ By _________________________________

Name __________________________________ Name ______________________________

Title ___________________________________ Title ________________________________

Address ________________________________

_______________________________________ (SEAL)

_______________________________________ ATTEST

SURETY

By _____________________________________ By ________________________________

Name __________________________________ Name ______________________________

Title ___________________________________ Title _______________________________

(SEAL) Physical Address:

Mailing Address:

Telephone: __________________________

Local Recording Agent Personal Identification Number:

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _________________________________, certify that I am the secretary of the corporation named as Principal in the Bond; that ______________________________________, who signed the bond on behalf of Principal, was then ____________________________________________ of the corporation; that I know his or her signature, and his or her signature is genuine; and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body.

___________________________ (Corporate Seal)

Surety must attach its original Power of Attorney to this bond.

ATTACH POWER OF ATTORNEY

4823-1494-9665, v. 1

Montgomery County MUD No. 140 __PAYMENT BOND

PAYMENT BOND

STATE OF TEXAS Contract Date _______________________

COUNTY OF ___________________________ Date Bond Executed __________________

PRINCIPAL __________________________________________________________________

SURETY _____________________________________________________________________

OWNER MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 140_____

PENAL SUM OF BOND (in words and figures) _______________________________________ ______/100th Dollars ($______________), being 100 percent of the Contract Price.

CONTRACT for “Paving Improvements for The Highlands Section 23A” for Montgomery County Municipal Utility District No. 140, Montgomery County, Texas (the “Contract”).

KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal entered into the Contract with Owner, dated the same date as this bond, which Contract is incorporated herein for all purposes.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of the Contract, and duly authorized modifications and normal and usual extras thereto, notice of which modifications to Surety being herby waived, then this obligation shall be void, otherwise to remain in full force and effect. Should Principal fail to promptly pay claimants for all labor, subcontracts, materials and specially fabricated material performed or furnished under or by virtue of the Contract, Surety is hereby bound to make such payments on behalf of Principal up to a total aggregate amount equal to the penal sum of the bond. Labor, subcontracts, materials, and specially fabricated materials shall be construed in accordance with Chapter 2253, Texas Government Code.

PROVIDED, HOWEVER, that Owner having required Principal to furnish this Bond in order to comply with the provisions of Chapter 2253, Texas Government Code, all rights and remedies on this Bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions, and limitations of the aforesaid Government Code to the same extent as if they were copied at length herein.

The bound parties have executed this instrument pursuant to authority of their respective governing body, to be effective on the same date of the Contract.

Montgomery County MUD No. 140 __PAYMENT BOND

PRINCIPAL

By _____________________________________ By _________________________________

Name __________________________________ Name ______________________________

Title ___________________________________ Title ________________________________

By _____________________________________ By ________________________________

Name __________________________________ Name ______________________________

Title ___________________________________ Title _______________________________

(SEAL) Physical Address:

Mailing Address:

Telephone: __________________________

Local Recording Agent Personal Identification Number:

Surety must attach its original Power of Attorney to this bond.

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _________________________________, certify that I am the secretary of the corporation named as Principal in the Bond; that ______________________________________, who signed the bond on behalf of Principal, was then ____________________________________________ of the corporation; that I know his or her signature, and his or her signature is genuine; and that the Bond was duly signed for and on behalf of the corporation by authority of its governing body.

4850-1588-4833, v. 1

Montgomery County MUD No. 140 ____________MAINTENANCE BOND

MAINTENANCE BOND

STATE OF TEXAS Contract Date _______________________

COUNTY OF ___________________________ Date Bond Executed __________________

PRINCIPAL __________________________________________________________________

SURETY _____________________________________________________________________

OWNER MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 140_____

PENAL SUM OF BOND (in words and figures) _______________________________________ ______/100th Dollars ($______________), being 100 percent of the Contract Price.

CONTRACT for “Paving Improvements for The Highlands Section 23A” for Montgomery County Municipal Utility District No. 140, Montgomery County, Texas (the “Contract”).

KNOW ALL PERSONS BY THESE PRESENTS, that we, Principal and Surety above named, are held and firmly bound unto Owner, its successors and assigns, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal entered into the Contract with Owner, dated the same date as this bond, which Contract is incorporated herein for all purposes.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if Principal well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by the Contract, including any guaranty or warranty required under the Contract, then this obligation is void; otherwise it is to remain in full force and effect. Should the Principle fail to well and truly repair any and all defects in the work occasioned by or resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work as required by the Contract in all its terms, the Surety will be liable for all damages, losses, expenses and liabilities that the Owner may suffer in the consequence thereof.

Surety hereby agrees, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or to work performed under the Contract or to work performed under the Contract, or to the plans, specifications or drawings accompanying the Contract, will in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.

The bound parties have executed this instrument pursuant to authority of their respective…