Bid Docs _ Tech Specs (3).pdf

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BID DOCUMENTS & TECHNICAL SPECIFICATIONS

Pickleball Courts in Cypress Creek Park

Within Timber Lane Utility District

Harris County, Texas

VSE PROJECT NO.: 05200-852-01-OTH

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-5

CONTRACT 1 – 2

GENERAL CONDITIONS OF THE CONTRACT 1 - 41

ATTACHMENT A – INSURANCE REQUIREMENTS 1 – 9

ATTACHMENT B – MINIMUM WAGE RATE SCALE 1 – 14

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

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Within Timber Lane Utility District

CERTIFICATE OF SUBSTANTIAL COMPLETION 1

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

01 010 Summary of Work 1

01 090 Reference Specifications 1

01 310 Construction Schedule 2

01 330 Shop Drawings, Product Data and Samples 4

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

01 782 Operation and Maintenance Data 2

DIVISION 2 - SITEWORK

02 102 Clearing and Grubbing 3

02 200 Earthwork 5

ACRYTECH SYSTEM SPECIFICATION

518 Surfacing and Resurfacing Specification for Tennis Courts 5 and Recreational Surfaces

CITY OF HOUSTON ENGINEERING DEPARTMENT

01270 SP Special Provision to Measurement and Payment 1

01270 Measurement and Payment 4

HARRIS COUNTY ENGINEERING DEPARTMENT

164 Seeding for Erosion Control 8

216 SP Special Provision to Subgrade 1

216 Subgrade 3 iii

Within Timber Lane Utility District

HARRIS COUNTY ENGINEERING DEPARTMENT (continued)

247 Flexible Base 5

260 SP Special Provision to Lime Treatment 1

260 Lime Treatment (Road-Mixed) 8

275 Cement Treatment (Road-Mixed) 8

360 SP Special Provision to Specification 360 1

360 Concrete Pavement 19

421 Hydraulic Cement Concrete 19

440 Reinforcement for Concrete 9

590 Notice of Intent (NOI) 2

591 Temporary Erosion, Sedimentation, and Environmental 17

Controls

724 Stabilized Construction Access 4

801 SP Special Provision to Fly Ash 1

801 Fly Ash 4

HARRIS COUNTY FLOOD CONTROL DEPARTMENT

01562 Construction Fence 1

02200 Site Preparation and Restoration 3

02314 Fill Material 3

02315 Excavating and Backfilling 5

02321 Cement Stabilized Sand 4

02921 Turf Establishment 4

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.

Italicized specification sections are included in the “Harris County Engineering Department Standard Engineering Design

Specifications” 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 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.

EXHIBIT

Pickleball Courts: Construction & Maintenance Manual 6

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 Timber Lane Utility District (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.”

mailto:info@vs-eng.com https://www.ethics.state.tx.us/

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Timber Lane Utility District, Attention Daniel M. Meacham, President, Board of Directors, will be electronically received, until 10:00 a.m. Local Time, Friday, September 18, 2026, and then publicly opened and read at Vogler & Spencer Engineering, Inc. for:

Pickleball Courts in Cypress Creek Park

Within Timber Lane Utility District

VSE Project No.: 05200-852-01-OTH

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: Work involves the clearing and removal of trees from the job site and the leveling of the pad. Reinforced concrete with cement stabilized sub-grade shall be pored and graded to positively drain. The four courts shall have fences, gates, nets and surface coatings as specified. All appurtenances for fully functional courts shall be provided by the contractor."

Bids received after the closing time will be returned unopened.

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

05200-852-01-OTH. 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.

Timber Lane UD 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 http://www.civcastusa.com/ 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. None.

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 Timber Lane Utility District. 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 Timber

Lane Utility District; the contract ID number is 05200-852-01-OTH; and the description of goods and services is Pickleball Courts in Cypress Creek Park within Timber Lane Utility District. 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 one (1) original set for signature, print of Executed Contract available in print 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.

https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

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.

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:

Within Timber Lane Utility District

VSE Project No.: 05200-852-01-OTH

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: Timber Lane Utility District c/o Smith, Murdaugh, Little & Bonham, L.L.P.

2727 Allen Parkway, Suite 1100

Houston, TX 77019

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

PICKLEBALL COURTS

1 Mobilization: including bonds, insurance, move-in/move-out (Refer to the Attachment A for insurance requirements. Requirements must be strictly adhered to - this includes Contractor’s Pollution Liability

(CPL) Insurance for an amount of $1,000,000.00)

LS 1 $ $

2 De-mobilization by Contractor from construction site, includes all equipment and supplies.

LS 1 $ $

3 Percision Clearing and Grubbing of Wooded Areas for

Pickleball Site, includes, Raking and Hand Picking of

Roots, Vegetation and other Deleterious Materials unsuited as Structural Fill. (To be Chipped and Hauled off site to a Location Determined by Contractor) No

Burning will be Allowed on Site. (Complete in Place).

AC 0.5 $ $

4 Remove and Haul off site to a Location Determined by

Contractor, abandoned power poles (pine wood) currently lying on the ground. (Complete in Place).

EA 6 $ $

5 Spread and Compact (95% SPD) fill material on site

(only to be used as directed by Engineer), Material is located on site 500 -ft. from Pickle Ball Court site

(complete in Place).

CY 20 $ $

6 Install 141' x 61' x 6"thk. Reinforced Concrete Slab;

Includes Final Site Prep Leveling, 6" Cement

Stabilized Sand, and Re-Compacted Subgrade, Compacted to 95% SPD,, #4 Rebar @ 24" O.C. Each

Way, Rebar Chairs and 6 mil. Vapor Barrier. Concrete

Installation 6" Thickness at 3000PSI, Medium Broom

Finish: Net Post Sleeves and Fence Post Installed Prior to Concrete Pour (Complete in Place).

LS 1 $ $

7 10' x 5' x 4" and 5' x 5' x 4" Reinforced Concrete

Entrance Slabs tied to Court Slab. (Complete in Place) see Plans for Concrete Details.

SY 17 $ $

8 Acid Etch and Flood Court after 30 day cure. Any Bird

Baths that reach Deeper than 1/10 inch depth will be

Patched and Leveled using Acrlic Patch (or approved equal). Once Prep work is Finished and Approved, Apply two Layers of Acrylic Resurfacer, then three

Layers of Acrytech Acrylic Painted Sport Surface (or

Approved Equal) will be applied per specifications.

Paint submittals and color choices must be approved by the Engineer. (Complete in Place).

LS 1 $ $

Harris County, Texas

VSE PROJECT No: 05200-852-01-OTH (c&e)

BID PROPOSAL

Pickleball Courts in Cypress Creek Park

Within Timber Lane Utility District

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ITEM UNIT

NO. DESCRIPTION UNIT QTY PRICE AMOUNT

Harris County, Texas

VSE PROJECT No: 05200-852-01-OTH (c&e)

BID PROPOSAL

Pickleball Courts in Cypress Creek Park

Within Timber Lane Utility District

9 Paint sets of Court Definition Lines using USAPA

Guidelines (Complete in Place).

EA 4 $ $

10 Provide and Install High Quality Net Posts and Nets for Courts (Complete in Place)

EA 4 $ $

11 Provide and Install 10 ft high galvanized Chain Link

Fencing Around the Perimeter of the Courts (Complete in Place).

LF 400 $ $

12 Provide and Install 4'x 8' Chain Link Perimeter Gates and Hardware, See plans for Location and

Details.(Complete in Place)

EA 2 $ $

13 Construct Drainage Swales away from project site to allow for Positive Site Drainage (only to be used with

Authorization from Engineer).

LF 200 $ $

14 Provide and Install Grass Sod adjacent to Concrete

Pad all sides (Complete in Place).

LF 425 $ $

15 Hydro-Mulch Seeding of All Disturbed Areas, Grass growth shall be established per Harris County Spec.

(Complete in Place)

AC 0.5 $ $

16 Site Clean-Up (All disturbed areas shall be restored to original or better condition once construction is completed)

LS 1 $ $

Sub-Total Pickleball Courts $

ADDITIONAL WORK ITEMS

1 Extra Cement Stabilized Sand (to be used only with authorization from Engineer).

CY 300 $ $

2 Extra Bank Sand Backfill (To be used only with authorization from Engineer)

CY 300 $ $

Sub-Total Additional Work Items $

$ TOTAL BASE BID

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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 OF BASE BID:

BIDDER: ____________________________________

BY:_________________________________________

CONTACT NAME:____________________________

EMAIL:_____________________________________

ADDRESS: __________________________________

COUNTY: __________________________________

TELEPHONE: _______________________________

DATE: ______________________________________

ATTEST:

BY __________________________________

Seal (If Bidder is Corporation)

ADDENDUM NO.

DATE RECEIVED

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Timber Lane UD CONTRACT

5) Contract - September 2023 (FINAL) Contract 1 of 2 September 2023

CONTRACT

STATE OF TEXAS }

COUNTY OF HARRIS }

THIS CONTRACT (“Contract”) is made and entered into this __________ day of

__________________, 20__ by and between Timber Lane Utility District (the “Owner”) c/o Smith, Murdaugh, Little & Bonham, L.L.P. 2727 Allen Parkway, Suite 1100, Houston, TX 77019, of Harris

County, Texas, and _______________, _____________, of the City of , County of ___, and State of _____________, hereinafter termed “Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General Conditions of the Contract. Mark S. Cervantes, P.E. shall be referred to herein as the “Engineer.”

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

Contractor shall commence and complete the Work generally described as follows:

Pickleball Courts in Cypress Creek Park

Within Timber Lane Utility District for [OWNER], Harris County, Texas, according to those Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all Extra Work in connection therewith, under the terms as stated in the Contract Documents, and, at

Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said

Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all Contract Documents and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within ten (10) calendar days after the written

Notice to Proceed has been given by the Engineer. Contractor hereby also agrees to achieve Substantial

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

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract

Documents for the initial Contract Price of ___________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract Documents. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as allowed by the Contract Documents and, if applicable, approved by Change Order under the Contract Documents, and to make payments on account thereof as

Timber Lane UD CONTRACT

5) Contract - September 2023 (FINAL) Contract 2 of 2 September 2023 provided therein. If included as Special Conditions of the Contract Part B, the Developer shall act as

“Owner” for the purposes of all payments.

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

Timber Lane Utility District Owner

ATTEST: By:

Name:

Title:

[CONTRACTOR]

Contractor

ATTEST: By:

Name:

Title:

(The following to be executed if Contractor is a corporation)

I, _________________________________, certify that I am the secretary of the corporation named as

Contractor herein; that _________________________________________________, who signed this

Contract on behalf of Contractor, was then _______________________________

__________________________ of said corporation; that said Contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

Signed:

Corporate Seal

ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID. THE OWNER

WILL NOT AWARD THE CONTRACT WITHOUT THE COMPLETED TEC FORM 1295

NOTED IN THE INSTRUCTIONS TO BIDDERS.

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

Timber Lane UD GENERAL CONDITIONS OF THE CONTRACT

1109715 General Conditions of the Contract Page 1 of 41 September 2023

GENERAL CONDITIONS OF THE CONTRACT

ARTICLE I. DEFINITIONS

ARTICLE II. CONTRACT DOCUMENTS

ARTICLE III. PRELIMINARY MATTERS

ARTICLE IV. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE V. CONTRACTOR’S…