BID DOCUMENTS AND TECHNICAL SPECIFICATIONS

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

Harris County, Texas

Prepared By:

VOGLER & SPENCER ENGINEERING, INC.

Texas Registered Engineering Firm No. F-148

777 North Eldridge Parkway, Suite 500

Houston, Texas 77079

(713) 782-0042

September 2026

VSE Project No: 07923-301-01-DET (c/b)

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WILLIAM H. REGNER

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BID DOCUMENTS & TECHNICAL SPECIFICATIONS

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

VSE PROJECT NO.: 07923-301-01-DET

TABLE OF CONTENTS

Title Page No’s.

NOTICE TO ALL BIDDERS 1

INVITATION TO BIDDERS 1

INSTRUCTION TO BIDDERS 1 – 7

CERTIFICATION OF ELECTRONIC BIDDING RULES 1

PROPOSAL P-1 – P-9

CONTRACT 1 – 2

GENERAL CONDITIONS OF THE CONTRACT 1 - 41

ATTACHMENT A – INSURANCE REQUIREMENTS 1 – 9

ATTACHMENT B – MINIMUM WAGE RATE SCALE 1 – 15

ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT 1

SPECIAL CONDITIONS OF THE CONTRACT PART A 1 – 2

TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION 1

PAYMENT BOND 1 – 3

PERFORMANCE BOND 1 – 3

MAINTENANCE BOND 1 – 3

TEC FORM 1295 1

CONFLICT OF INTEREST QUESTIONNAIRE 1 – 2

INSURANCE TBD

CONTRACTOR AFFIDAVIT FOR PARTIAL PAYMENT 1 – 2

CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT AND BILLS PAID 1 – 2

ii

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

CERTIFICATE OF SUBSTANTIAL COMPLETION 1

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

01 010 Summary of Work 1

01 090 Reference Specification 1

01 310 Construction Schedule 2

01 330 Shop Drawings, Product Data & Samples 4

01 370 Schedule of Values 2

01 410 Testing Laboratory Services 2

01 420 Project Representative Services 1

01 576 Waste Material Disposal 1

01 600 Materials and Equipment 3

01 700 Contract Closeout 2

01 710 Cleaning and Adjusting 2

01 720 Project Record Documents 2

01 740 Site Restoration 1

DIVISION 02 - SITE WORK

02 102 Clearing and Grubbing 3

02 110 Demolition 3

02 200 Earthwork 5

CITY OF HOUSTON SPECIFICATIONS, REFERENCES, AND SPECIAL PROVISIONS

01 270 SP Special Provision to 01 270 1

01 270 Measurement and Payment 4

02 082 Precast Concrete Manholes 18

02 086 Adjusting Manholes, Inlets, and Valve Boxes to Grade 4

02 260 Trench Safety System 4

02 317 SP Special Provision to 02 317 1

02 317 Excavation and Backfill for Utilities 20

02 320 Utility Backfill Materials 11

02 321 Cement Stabilized Sand 8

02 911 Topsoil 3 iii

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

HARRIS COUNTY ENGINEERING DEPARTMENT SPECIFICATIONS

420 Concrete Structures 24

433 Cement Stabilized Sand Bedding and Backfill Material 4

440 Reinforcing Steel 7

461 Corrugated Metal Pipe 5

464 SP Special Provision to 460 1

464 Reinforced Concrete Pipe 5

471 Precast Concrete Manholes and Junction Boxes 5

472 Inlets 2

491 Reinforced Concrete Slope Paving 2

493 Riprap 4

495 Removing Old Structures 3

670 Barricades 2

700 Notice of Intent 1

713 Reinforced Filter Fabric Barrier 5

719 Inlet Protection Barriers 5

724 Stabilized Construction Access 4

725 General Source Controls (SWPPP) 5

730 Concrete Truck Washout Structures 3

741 Inlet Protection Barrier (for Stage II Inlets, Gravel Bags) 4

750 Rock Filter Dams 5

751 SWPPP Inspection and Maintenance 2

HARRIS COUNTY FLOOD CONTROL DISTRICT SPECIFICATIONS

02 316 Structural Excavating and Backfilling 5

02 317 Desilting Channels 2

02 376 Concrete Channel Lining and Concrete Interceptor 2

Structures

02 631 Storm Sewers and Outfalls 6

02 632 Inlets, Headwalls and Wingwalls 3

02 642 Corrugated Metal Pipe 3

02 921 Turf Planting Zone Preparation 4

02 923 Broadcast Seeding 3

02 925 Hydromulch-Hydroseeding 2 iv

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

Note: Bold specification sections are included in the “City of Houston Standard

Specifications for Wastewater Collections Systems, Water Lines, Storm Drainage, and Street

Paving” are incorporated herein by reference as if copied verbatim including any supplementary specification or amendments thereto and related specifications referenced therein unless indicated otherwise in the Drawings or Specifications.

Underline specification sections are included in the “Harris County Engineering Department

Standard Specification for Construction and Maintenance of Roads and Bridges” and are incorporated herein by reference as if copied verbatim including any supplementary specification or amendments thereto and related specifications referenced therein unless indicated otherwise in the Drawings or Specifications.

Italicized specification sections are included in the “Harris County Flood Control District

Standard Specification Book” and are incorporated herein by reference as if copied verbatim including any supplementary specification or amendments thereto and related specifications referenced therein unless indicated otherwise in the Drawings or Specifications.

777 North Eldridge Parkway, Suite 500

Houston, TX 77079

713.782.0042 | Fax 713.782.5337 info@vs-eng.com vs-eng.com

Notice to All bidders:

TEC Form 1295 – As of January 1, 2018:

Attention: Pursuant to Texas Government Code § 2252.908, unless you are a publicly traded entity or a wholly owned subsidiary of same, you must be able to provide Harris County Municipal Utility

District No. 189 (the "District") with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filing at the time of the District's execution of the contract.

Failure to do so will result in the District'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.

SB 943 – As of January 1, 2020:

“The requirements of Subchapter J, Chapter 552, Government Code, may apply to this [Bid/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.”

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to D.R. Horton – Texas, Ltd. on behalf of Harris County Municipal

Utility District No. 189, will be electronically received, until 10:00 AM Local Time, Friday, September

18, 2026, and then publicly opened and read at Vogler & Spencer Engineering, Inc. for:

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

VSE Project No.: 07923-301-01-DET

In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed

Bids via Civcast. To join via Civcast login to your account to access the posting of the Bid Summary document immediately following the bid opening.

Scope of Work of the Contract Documents includes the following: Clearing & grubbing, excavation of detention ponds, spreading dirt on-site, mass grading, and storm sewer construction.

Bids received after the closing time will be returned unopened. A pre-bid conference will not be held for this 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 two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search

07923-301-01-DET. 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. Bidder must register on this website to submit a Bid and Bid Security and there is

NO charge to submit Bids and Bid Securities on this website.

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed, or agreed to using 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 the time for 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 the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

Harris County MUD No. 189 INSTRUCTIONS TO BIDDERS

1109700 Instructions to Bidders September 2023

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must 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 it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must 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 shall be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must 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 sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be 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 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 system for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

Should a bidder find discrepancies or errors 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 in writing. 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, if any.

Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will 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 requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A pre-bid conference will not be held for this project.

4. BID SECURITY. 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 two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a one-year

(1) Maintenance Bond for one hundred (100%) percent of the cost of the construction of the improvements that will be owned by Harris County Municipal Utility District No. 189. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s 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 person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. 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 requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price.

Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner; Developer, if there is a Special Conditions of the Contract Part B; and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely 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 its proposal, each bidder is expected to include in its 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 Technical Specification. If a bidder 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 bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, 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 apply.

9. EXTRA UNIT PRICE ITEMS. 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 constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor shall be entitled an adjustment of Contract Time for delays due to inclement weather conditions having an adverse effect on the scheduled construction.

Contractor will not be allowed time extensions that are due to (i) 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; (ii) when at least seven (7) hours of available working time remain out of the working day; (iii) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (iv) 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; (v) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vi) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; and/or (viii) when events of concurrent delay overlap the claimed delay.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, 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 of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification 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 the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

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 in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) 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 despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is Harris County Municipal Utility District No. 189; the contract ID number is 07923-301-01-DET; and the description of goods and services is Clearing & Grubbing and Detention to Serve Sablewood within Harris County Municipal Utility District No. 189. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR

BID.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right 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 of 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 and unit prices in a Bid 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 if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, 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 AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR

EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE

WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT

PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO

PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH

INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER

AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY

SUBMISSION OF A BID, 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 (“THE EVALUATING PARTIES”)

ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR

RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (2) WAIVER OF ANY

REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3)

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” 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) days after the day of the Bid opening. All bidders must honor their Contract Price on their bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract. 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 must, 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 is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must 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, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must 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) must pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor’s contracts with all subcontractors to Contractor must 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 one (1) original set for signature, print of Executed Contract available by request to the successful bidder. Owner will furnish the successful bidder six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument. If the District has an Order Adopting Electronic Signature Rules for Construction Contracts the following conditions apply: Electronic Signatures, as defined by and in accordance with the Owner’s Order Adopting Electronic Signature Rules for Construction Contracts, will be deemed original signatures for purposes of the Contract Documents and all matters related thereto, with such Electronic Signatures having the same legal effect as physical, wet-ink signatures. Owner; Engineer; Contractor; and Developer, if there is a Special Conditions of the Contract Part B, agree that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature. Any document accepted, executed, or agreed to in conformity with such Order is binding on Owner, Engineer, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Engineer, Contractor, and Developer, if applicable, each hereby consent to the use of any third-party electronic signature capture service provider that may be chosen by Owner or Engineer. Notwithstanding the foregoing, all Bonds must be provided to Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract and Special Conditions of the Contract Part B, if attached..

19. 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 soils or conditions that may be encountered.

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

20. 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 determine 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 Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must 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 Documents.

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 actual 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 Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. 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. 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 economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $1,500.00 for each such calendar day. 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.

EXHIBIT 1

TO SECTION 49.2731 ELECTRONIC BIDDING RULES

ENGINEER’S OR LANDSCAPE ARCHITECT’S CERTIFICATE:

TEXAS WATER CODE SECTION 49.2731 ELECTRONIC BIDDING RULES

COMPLIANCE

I, the undersigned, a duly registered professional engineer or landscape architect under the laws of the State of Texas, and authorized representative of Vogler & Spencer Engineering, Inc., the duly appointed and acting consulting engineer or landscape architect for Harris County Municipal Utility District No. 189 (“District”) do hereby certify that:

I am familiar with and have examined Texas Water Code Sections 49.273 and 49.2731, the District’s Electronic Bidding Rules (“Rules”), and the software under which the District received bids for the following project through electronic transmission: Clearing & Grubbing and Detention to Serve Sablewood within Harris County Municipal Utility District No. 189.

I hereby certify (i) compliance with Texas Water Code Section 49.2731 and the Rules,

(ii) that, to the best of my knowledge, said software is designed to assure the identification, security and confidentiality of the bids; and (iii) that electronically submitted bids remain effectively unopened until the proper time.

WITNESS MY HAND AND PROFESSIONAL SEAL this 1st day of September, 2026.

William H. Regner, Professional Engineer License No. 133927

(SEAL)

S

AXET FO ETAT

S

WILLIAM H. REGNER

133927

DESNECI

L

R E

E

NI

G

NE LANOI

S S

E

F O

R P

PROPOSAL

Date: ___________________________

Bid of __________________, an individual proprietorship/a corporation organized and existing under laws of the State of Texas/a partnership consisting of _____________________, for construction of:

Clearing & Grubbing and Detention to Serve Sablewood

Within Harris County Municipal Utility District No. 189

VSE Project No.: 07923-301-01-DET

Bids will be received electronically until Friday, September 18, 2026, 10:00 a.m. (Local

Time) for the office of Vogler & Spencer Engineering, Inc., 777 North Eldridge Parkway, Ste.

500, Houston, Texas 77079.

To: Harris County Municipal Utility District No. 189 c/o Norton Rose Fulbright US LLP

1550 Lamar, Suite 2000 Houston, Texas 77010

The undersigned as Bidder, proposes to construct the above described improvements and appurtenances for the unit prices on the attached sheets bearing his signature for identification.

As bidder he also declares that he has carefully examined the Bid Documents which include the Invitation to Bidders, the Instructions to Bidders, this Proposal, the Form of Contract, the General and Special Conditions, the Technical Specifications and the Construction Plans for the work herein above described, and is familiar with the site and agrees to furnish all necessary labor, tools, equipment, superintendence, machinery, and other items incidental to construction;

and will perform all the work and furnish all the materials required by the Contract and Specifications according to the requirements of the Engineer as herein set forth.

It is understood and agreed that the unit price bid shall apply for additions to or deletions from the work as directed by the Engineer.

If awarded the Contract, the undersigned will furnish Certificates of Insurance and a Performance Bond, Payment Bond and one-year Maintenance Bond in the full amount of the Contract; and agrees to execute and deliver a Contract to the Owner within seven (7) days after the award of said Contract; and will commence work on the project not more than ten (10) calendar days after the notice to proceed; and will faithfully and diligently thereafter pursue the work to completion and acceptance within the time indicated in this Proposal for consecutive calendar days.

Prior to Contract execution, the contractor will complete the Certificate of Interested Parties (Form 1295) as required by the Texas Ethics Commission.

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“The requirements of Subchapter J, Chapter 552, Government Code, may apply to this

[Bid/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.” (General Conditions of the Contract: 12.14)

It is further agreed that both this Proposal and the Agreement, duly executed, shall form the Contract between the Contractor and the Owner. Said forms, as currently revised, are hereby made a part of the Contract Documents with the same force and effect as though bound herein. Copies of these forms are available for review and may be examined in the offices of the Engineer.

Prior to the execution of this Contract Proposal, the undersigned bidding Contractor does hereby certify that the bid is genuine and not made in the interest of other firms, cooperative or in behalf of any undisclosed persons or interest other than sole bidder submitting this bid by signatures. The bidding Contractor also certifies that he is not solicited or being induced by any other firms to submit false or sham bid for obtaining advantage over any other bidder that is submitting a bid on this project.

It is understood that the Contractor is subject to a deduction from payments due him if the work is not completed within the specified number of calendar days. This deduction will be based on the schedule included in the "Special Conditions of the Agreement" which is a part of the bid and Contract Documents.

Contractor Affidavit for Partial Payment must be included in the application for payment.

Prior to final payment, the Contractor shall provide the Owner with:

1. A Contractor’s Affidavit for Final Payment and Bills Paid.

2. A Consent of Surety Company to Final Payment.

It is understood that the Owner reserves the right to reject any and all bids.

The award may be made on the Base Bid alone, or the Base Bid and any alternates or substitutions.

The Owner will choose the most advantageous bid while considering both amount bid and completion time.

By execution and submission of this Bid, Bidder represents and warrants to Owner that Bidder has read and understands the Bid Documents and the Contract Documents and this Bid is made in accordance with the Bid Documents.

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ITEM UNIT

NO. DESCRIPTION UNIT QTY PRICE AMOUNT

SABLEWOOD CLEARING AND GRUBBING

1. Clearing of Heavily Wooded Areas for

Placement of Detention Excavation (To be Chipped and Hauled Off-Site to

Location Determined by Contractor)

AC 9.0 $ $

2. Grubbing of all Stumps and Roots to a

Depth of Two Feet Below the Existing

Ground (To be Chipped and Hauled Off-

Site to a Location Determined by

Contractor)

AC 9.0 $ $

3. Raking of All Cleared and Grubbed

Areas

AC 9.0 $ $

4. Discing (as directed by the Engineer) AC 9.0 $ $

5. Remove existing pavement and legally dispose of all material off site

SY 7,000 $ $

6. Remove and Dispose of Existing

Asbestos Cement Water Line. Water

Line to Be Disposed at Approved

Landfill

LF 976 $ $

7. Remove and Dispose of Existing 8"

Sanitary Sewer Line

LF 1,353 $ $

8. Relocate Existing Telephone Marker (as directed by the Engineer)

EA 1 $ $

9. Remove and Dispose of Existing Water

Meter Vault (as directed by the

Engineer)

EA 1 $ $

10. Remove and Dispose of Existing

Telephone Pedestal (as directed by the

Engineer)

EA 3 $ $

BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

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BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

11. Remove and Dispose of Existing

Electric Transformer (as directed by the

Engineer)

EA 2 $ $

12. Remove and Dispose of Existing

Electric Pedestal (as directed by the

Engineer)

EA 2 $ $

13. Remove and Dispose of Existing Water

Valve (as directed by the Engineer)

EA 1 $ $

SUBTOTAL SABLEWOOD CLEARING AND GRUBBING ITEMS $

SABLEWOOD DETENTION POND ITEMS

1. Excavation of Detention Pond CY 9970 $ $

2. Load, Haul, Spread and Compact

Detention Pond Excavation within

Future Subdivision per Grading Plan

CY 9970 $ $

3. Excavation within Subdivision CY 5000 $ $

4. Load, Haul, Spread and Compact

Subdivision Excavation within

Subdivision per Fill Plan

CY 5000 $ $

5. 24" HDPE LF 144 $ $

6. 36" ASTM C-76 CLIII RCP LF 191 $ $

7. 8" Thick Plug for 36" ASTM C-76 CLIII

RCP

EA 1 $ $

8. 5" Reinforced Concrete Extreme Event

Overflow Swale w/ Toewalls. Includes

Trapezoidal Swale.

SY 360 $ $

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BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

9. Type "C" Manhole with Precast Base

(42" or less pipe diameter) W/ Urban

Interceptor Top

EA 1 $ $

10. Type "C" Manhole with Precast Base

(42" or less pipe diameter) W/ Type "E"

Inlet Top

EA 1 $ $

11. Type "C" Manhole with Precast Base

(42" or less pipe diameter)

EA 1 $ $

12. Storm Water Quality Feature W/

Floatable Collection Screens. Includes

Reinforced Concrete Headwall

LS 1 $ $

13. Urban Backslope Interceptor Structure, Including 24" CGMP and All

Appurtenances

EA 1 $ $

14. Prop. 5" Reinforced Concrete Slope

Paving W/ Toewalls at SWQ Feature and 36" Outfall.

SY 58 $ $

15. Backslope Interceptor Swale LF 846 $ $

16. Regrade Existing Backslope Swales within HCFCD Maintenance Berm

LF 420 $ $

17. V-Shaped Concrete Pilot Channel (6'

Wide & 6" Deep W/ 4:1 Side Slope)

LF 295 $ $

18. Drainage Swales LF 2,600 $ $

19. OSHA Trench Safety LF 335 $ $

20. 18" Rip-Rap on Mirafi-600X Fabric Mat

(if required)

SY 193 $ $

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BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

21. "No Trespassing" Signs EA 2 $ $

22. 3 'x 3' x 1/2" Steel Plate Bolted to

Headwall with a 10" Orifice

Restrictor installed on the 24" HDPE

EA 1 $ $

SUBTOTAL DETENTION POND ITEMS $

ADDITIONAL WORK ITEMS

1. Well Point System (if required) LF 200 $

(min $25.00)

2. Storm Water Pumping (if required) HRS 50 $

(min $20.00)

3. Over excavate Unsuitable Materials, Replace with Suitable Compacted Fill, and Spread Over excavated Material

Onsite to Dry (if required)

CY 1,000 $

(min $2.00)

4. Scarify to Dry Unsuitable Material (if required)

AC 5 $

(min $500.00)

5. Extra Cement Stabilized Sand (to be used only with authorization from the

Engineer)

TON 5 $

(min $500.00)

6. Trench Dewatering (if required) LF 100 $

(min $20.00)

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BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

7. 40 CY Trash Container, Contractor to

Remove all Unsuitable Debris from the

Cleared Area and Remove the Container

Upon Completion (as directed by the engineer)

EA 5 $ $

SUBTOTAL ADDITIONAL WORK ITEMS $

MISCELLANEOUS ITEMS

1. Mobilization, Bonds, Harris County

Permits and Insurance (Includes

Pollution Prevention Liability Insurance and HCFCD Bonds for All Work Done in HCFCD Right of Way)

LS 1 $ $

2. SWPPP Compliance LS 1 $ $

3. Spread and Compact Utility Spoils

Onsite

CY 378 $ $

4. Turf Establishment (Broadcast Seeding -

Pond Bottom)

AC 1 $ $

5. Turf Establishment (Dry Application -

Pond Side Slopes and HCFCD Channel)

AC 2 $ $

6. Turf Establishment (Hydromulch seeding - Maint. Berms, Backslope

Swales and Front of Lots)

AC 2 $ $

7. Install Construction Entrance/ Exit EA 1 $ $

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BID PROPOSAL

CLEARING & GRUBBING AND DETENTION TO SERVE SABLEWOOD

WITHIN HARRIS COUNTY MUD 189

HARRIS COUNTY, TEXAS

VSE PROJECT NO. 07923-301-01-DET(C&E)

8. Refresh Stabilized Construction

Entrance/ Exit

EA 1 $ $

SUBTOTAL MISCELLANEOUS ITEMS $

TOTAL BASE BID $

(Do Not Include Alternate Bid Items)

ALTERNATE BID ITEMS

A-1 Add or Deduct (+/-) to Haul Excavation of Detention Pond Material Offsite. (To

Be Used in Lieu of Detention pond Item

No. 2)

CY 9,970 $ $

A-2 Add or Deduct (+/-) to Haul Utility

Spoils Offsite. (To be Used in Lieu of

Miscellaneous Item No. 3)

CY 378 $ $

A-3 Add or Deduct (+/-) to Haul Subdivision

Excavation Offsite. (To be Used in Lieu of Detention Pond Item No. 4)

CY 5,000 $ $

A-4 Add or Deduct (+/-) to Remove Existing

8" Waterline and Haul Off. (To Be Used in Lieu of Clearing & Grubbing Item

No. 3)

CY 976 $ $

TOTAL PROJECT BID $

(Base Bid + Alternate Bid Items)

Note: The unit price bid will include all bedding and backfill required for utilities construction and as specified in the appropriate specifications.

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BID PROPOSAL

The undersigned will achieve Substantial Completion of the Work within _______ calendar days after the date of the written Notice to Proceed and will achieve Final Completion of the Work within an additional _______ calendar days.

This proposal shall be considered part of the Contract.

TOTAL BASE BID:

TOTAL ALTERNATE BID:

TOTAL PROJECT BID (BASE BID + ALTERNATE):

BIDDER:

BY:

CONTACT NAME: