JULY 2026

Technical Specifications and Contract Documents For The Construction Of:

WATER DISTRIBUTION, WASTEWATER COLLECTION,

STORM WATER FACILITIES AND PAVING

TO SERVE

MIRABELLA, SECTION THREE

231-060-03 DST (J)/DEV (L)

A Project in:

WALLER COUNTY

MUNICIPAL UTILITY DISTRICT NO. 46

Sealed by:

VISHAL H. MERCHANT

108758 L I C E N S E D

PR O F E S S I O N A L E NG I N

EER

STA T E OF T EX AS

07/17/2026

575465 mromero Typewritten Text mromero Typewritten Text Waller County Municipal Utility District No. 46

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MUNICIPAL UTILITY DISTRICT NO. 46

WATER DISTRIBUTION, WASTEWATER COLLECTION,

STORM WATER FACILITIES AND PAVING

TO SERVE

MIRABELLA, SECTION THREE

TABLE OF CONTENTS

PART TITLE

I INVITATION TO BID

II INSTRUCTION TO BIDDERS

III DEFINITION OF TERMS

IV BID PROPOSAL

V CONTRACT

VI PERFORMANCE AND MAINTENANCE BOND

VII PAYMENT BOND

VIII W-9 FORM

IX GENERAL CONDITIONS OF AGREEMENT

ATTACHMENT “A” – INSURANCE

ATTACHMENT “B” – MINIMUM WAGE RATE

SCALE

X SPECIAL CONDITIONS OF AGREEMENT –

PART A AND PART B

XI TECHNICAL SPECIFICATIONS

XII SAMPLE FORMS - AFFIDAVIT OF BILLS PAID,

WAIVER AND RELEASE OF LIEN UPON

PARTIAL AND FINAL PAYMENT, REQUEST FOR

ADDITIONAL TIME, APPLICATION AND

CERTIFICATION FOR PAYMENT AND LETTER

OF GUARANTEE

XIII BLANK TCEQ NOTICE OF INTENT AND NOTICE

OF TERMINATION FORM

MUNICIPAL UTILITY DISTRICT NO. 46 INVITATION TO BIDDERS

Electronic and Paper Bid Options, Electronic Signatures Options, and Remote Public Bid Opening Option Page 1 of 1 April 2026

Date: July 17, 2026

INVITATION TO BIDDERS

Sealed Bids addressed to Waller County Municipal Utility District No. 46, President, Board of Directors, will be received electronically or at the office of the Engineer for the District, EHRA, 10011 Meadowglen Lane, Houston, Texas 77042, until 3:00 p.m. Local Time, Wednesday, August 5, 2026, and then publicly opened and read at EHRA for “Water Distribution, Wastewater Collection, Storm Water Facilities and Paving to serve Mirabella, Section Three Project No: 231-060-03 DST(J)/DEV (L) for Waller County Municipal Utility District No. 46, Waller County, Texas.” In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via Zoom. Zoom information will be provided at www.CivCastUSA.com.

Scope of Work of the Contract Documents includes the following: installation of approximately 997 LF of 8” PVC water line; 1,259 LF of 8”-12” PVC gravity sanitary sewer; 1,040 LF of 24”-48” RCP storm sewer and 4,350 SY of 6” reinforced concrete pavement.

Bids received after the closing time will be returned unopened.

A NON-MANDATORY pre-bid conference will be held via Zoom on Wednesday, July 29, 2026, at 3:00 p.m. Local Time

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 Project No. 231-060-03 DST (J)/DEV (L). Bidders must register on this website to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Owner’s Order Adopting Section 49.2731 Electronic Bidding Rules and all electronic 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 through the use of an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except 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.

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MUNICIPAL UTILITY DISTRICT NO. 46 INSTRUCTIONS TO BIDDERS

Instructions to Bidders April 2026

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 two (2) 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

4926-9402-5094 v.1 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. A pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work.

No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

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 two-year

(2) Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements that will be owned by Waller County Municipal Utility District No. 46. 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

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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 will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time;

(vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, with its Bid, 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 Waller County Municipal Utility District No. 46; the contract ID number is 231-060-03 DST (J)/DEV (L); and the description of goods and services is Water Distribution, Wastewater Collection, Storm Water Facilities and Paving to serve Mirabella, Section Three. 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. BIDDERS SHOULD SUBMIT THEIR TEC FORM 1295 WITH THEIR BID.

THE CONTRACT WILL NOT BE AWARDED TO A BIDDER UNLESS A TEC FORM 1295

HAS BEEN COMPLETED BY THE BIDDER.

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 ninety (90) days after the day of the Bid opening. All bidders must honor the 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 three (3) original sets for signature, one (1) for delivery 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. 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..

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

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 $1,000 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.

EHRA

Master Specifications Definition of Terms

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III

DEFINITION OF TERMS

Wherever in these specifications or in the contract or bond, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

1. OWNER: The individual firm or corporation, Party of the First Part, who is contracting for work to be performed.

2. ENGINEER: Edminster, Hinshaw, Russ and Associates, Inc., Consulting

Engineers, or their authorized representative. Including, Engineer of Record, Landscape Architect, Surveyor etc., as applicable.

3. INSPECTOR: The authorized representative of the Engineer assigned to supervise and inspect any or all parts of the work and the materials to be used therein.

4. BIDDER: An individual, firm or corporation submitting a proposal.

5. CONTRACTOR: The individual, firm or corporation, Party of the Second Part, with which the contract is made by the Owner.

6. SUPERINTENDENT: The authorized representative of the Contractor.

7. SURETY: The corporate body, which is bound with the Contractor for the faithful performance of the work, covered by the contract.

8. LABORATORY: Any recognized testing laboratory approved by the Owner and

Engineer.

9. PROPOSAL: The offer of the bidder, made out on the prescribed forms, giving prices for performing the work described in the plans and specifications.

10. PROPOSAL GUARANTY: The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded the work.

11. PLANS: The plans, profiles, typical cross-sections, general cross-sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work and which are a part of the contract.

12. SPECIFICATIONS: The directions, provisions, and requirements contained therein or in a special specification, supplemented by such "Special Provisions" and "Supplemental Agreements" as may be issued or made pertaining to the method and manner of performing the work to quantities and qualities of materials to be furnished under the contract. Where the phrases "or directed by the Engineer", "Ordered by the Engineer" occur, it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the proposals and specifications. "Special Provisions" will cover work pertaining to a particular project and included in the proposal but not covered by other specifications and will govern and take precedence over specifications wherever in conflict therewith. "Supplemental Agreements" are written agreements entered into between the Contractor and the Owner, covering alterations and changes in the plans, which are necessary to the proper completion of the work.

13. CONTRACT: The agreement between the Owner and the Contractor covering the furnishing of materials and performance of the work. The Contract will include the Proposal, Plans, Specifications, Special Provisions, Contract Bond, and Supplemental Agreements.

14. CONTRACT BOND: The surety furnished by the Contractor and the surety as a guaranty on the part of the Contractor to execute the work in accordance with the terms of the contract.

15. THE WORK: The completed work contemplated in and covered by the

Contract.

16. A.S.T.M.: American Society for Testing Materials

17. A.A.S.H.T.O.: American Association of State Highway and Traffic Officials.

18. SCREEN AND SIEVES: As defined by the A.S.T.M.

19. A.W.W.A.: American Water Works Association.

20. O.S.H.A.: Occupational Safety and Health Administration.

21. SUBSTANTIAL COMPLETION: Defined as ninety five percent (95%) construction complete, and the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose. All items necessary to perform the governing entity(ies) Final

Inspection have been completed. Substantial Completion Date shall be verified by the Engineer of Record.

22. FINAL COMPLETION: Defined as one hundred percent (100%) construction complete in strict conformance with the Contract Documents. Full acceptance by the governing entity(ies) has been achieved.

Engineer of record shall ensure the written notice of acceptance is distributed to all associated parties at time of final acceptance.

23. WARRANTY PERIOD: Shall be defined as the warranty/guarantee period to begin from the date of Final Completion and will remain in effect until the project has achieved full acceptance by the governing entity.

24. RAIN DAYS: Days that inclement weather prevents the Contractor from working less than seven (7) hours in a working day.

Master Specifications Bid Proposal

P:\231-060-03\CPS\Utilities (DST)\Contract Docs\Bid Docs\Bid Proposal.doc

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:

Water Distribution, Wastewater Collection, Storm Water Facilities and Paving to serve

Mirabella, Section Three

To: Waller County Municipal Utility District No. 46

Gentlemen:

The undersigned bidder has carefully examined the Instruction to Bidders, this bid, the form on Contract and its General and Special Conditions, the Technical Specifications, and the Plans for the work herein above described and referred to in the "Invitation to Bid", and also the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as provided by the Special Conditions of the Contract, the Technical Specifications and shown on the plans, and binds himself on acceptance of his bid to execute a Contract, bonds and insurance, according to the prescribed forms, for performing and completing the said work within the time stated, and for maintaining same as required for the following prices:

If awarded the Contract, I/we will execute Contract on the Standard Forms of Agreement and furnish satisfactory insurance certificate and satisfactory performance and payment bonds in accordance with the Bid Documents.

Bidder acknowledges receipt of the following addendum(s):

No. 1: No. 2: No. 3: No. 4: No. 5: No. 6:

(Bidder-Company Name) (Print or Type Name)

(Signature) (Title)

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.

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT

1. Furnish and Install 8-Inch C-900 PVC Pipe, (Including fittings, thrust blocking and appurtenances with Standard bedding and backfill, complete in place.)

LF 811 $____________ $______________

2. Furnish and Install 8-Inch C-900 PVC Pipe with restrained joints, (Including fittings, thrust blocking and appurtenances with Standard bedding and backfill, complete in place.)

LF 186 $____________ $______________

3. 6-Inch, C-900, PVC Fire Hydrant Lead, (furnish and install, thrust blocking, all depths, complete in place)

LF 30 $____________ $______________

4. Standard Fire Hydrant (furnish and install, complete in place)

EA 3 $____________ $______________

5. 6-Inch Gate Valve and Box (furnish and install, complete in place)

EA 3 $____________ $______________

6. 8-Inch Wet Connection (furnish and install, complete in place)

EA 2 $____________ $______________

7. Remove and Dispose of Existing 8-inch Plug and Clamp and 2-Inch Blow-Off Valve and Box (complete in place)

EA 2 $____________ $______________

8. Trench Safety System (furnish and install, complete in place)

LF 1,027 $____________ $______________

TOTAL WATER DISTRIBUTION SYSTEM: $___________________

WALLER COUNTY

MIRABELLA, SECTION THREE (P-4536)

BID PROPOSAL

WATER DISTRIBUTION SYSTEM

MUNICIPAL UTILITY DISTRICT NO. 46

EHRA

July 17, 2026

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Quantities reflected on this Bid Proposal were tabulated from a NON APPROVED set of Construction Drawings

9. Furnish and Install 12-Inch SDR-26, PVC Pipe Sanitary Sewer with Standard Bedding and Backfill (all depths, complete in place)

LF 189 $____________ $______________

10. Furnish and Install 8-Inch SDR-26, PVC Pipe Sanitary Sewer with Standard Bedding and Backfill (all depths, complete in place)

LF 1,070 $____________ $______________

11. Standard City of Houston 4-Foot Diameter Sanitary Sewer Manhole (including inflow protectors, furnish and install, complete in place)

EA 9 $____________ $______________

12. Standard City of Houston 4-Foot Diameter Manhole with Drop Connection (including inflow protectors, furnish and install, complete in place)

EA 1 $____________ $______________

13. Extra Depth for Manhole, Greater than 8-foot deep (furnish and Install, complete in place)

VF 40 $____________ $______________

14. Long Side Sanitary Sewer Service Lead (furnish and install, complete in place)

EA 1 $____________ $______________

15. Long Side Sanitary Sewer Service Lead with Riser (furnish and install, complete in place)

EA 13 $____________ $______________

16. Short Side Sanitary Sewer Service Lead (furnish and install, complete in place)

EA 3 $____________ $______________

17. Short Side Sanitary Sewer Service Lead with Stack (furnish and install, complete in place)

EA 13 $____________ $______________

18. Remove and Dispose 18-Inch Stub and Plug and Provide Flexible Water Tight Seal of Pipe to Manhole (complete in place)

EA 1 $____________ $______________

19. Remove and Dispose 8-Inch Stub and Plug and Provide Flexible Water Tight Seal of Pipe to Manhole (complete in place)

EA 1 $____________ $______________

WALLER COUNTY

MIRABELLA, SECTION THREE (P-4536)

WASTEWATER COLLECTION SYSTEM

MUNICIPAL UTILITY DISTRICT NO. 46

BID PROPOSAL

EHRA

July 17, 2026

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MIRABELLA, SECTION THREE (P-4536)

WASTEWATER COLLECTION SYSTEM

MUNICIPAL UTILITY DISTRICT NO. 46

BID PROPOSAL

20. Well Point De-Watering for Sanitary Sewer Construction (only as directed, in writing, by the Engineer; minimum bid $25.00/LF)

LF 189 $____________ $______________

21. Crushed Stone Foundation with Filter Fabric Wrap as per City of Houston (only as directed, in writing, by the Engineer; minimum bid $10.00/LF)(furnish and install, complete in place)

LF 189 $____________ $______________

22. Crushed Stone Foundation and Embedment with Filter Fabric Wrap as per City of Houston (only as directed, in writing, by the Engineer; minimum bid $25.00/LF)(furnish and install, complete in place)

LF 94 $____________ $______________

23. Adjust Existing Manhole Top to Finished Grade with a minimum of 6-Inch Adjustment Rings (complete in place)

EA 2 $____________ $______________

24. Trench Safety System (furnish and install, complete in place)

LF 1,259 $____________ $______________

TOTAL WASTEWATER COLLECTION SYSTEM: $__________________

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STORM WATER COLLECTION SYSTEM

25. Furnish and Install 48-Inch Polypropylene Pipe (HDPP), ASTM Specification F2881 of ASHTO M330 with Standard Bedding and Backfill (complete in place, To include all required testing, including mandrel, TV, etc per Harris County Spec 482 for this item)

LF 581 $____________ $______________

26. Furnish and Install 42-Inch Polypropylene Pipe (HDPP), ASTM Specification F2881 of ASHTO M330 with Standard Bedding and Backfill (complete in place, To include all required testing, including mandrel, TV, etc per Harris County Spec 482 for this item)

LF 320 $____________ $______________

27. Furnish and Install 24-Inch Polypropylene Pipe (HDPP), ASTM Specification F2881 of ASHTO M330 with Standard Bedding and Backfill (complete in place, To include all required testing, including mandrel, TV, etc per Harris County Spec 482 for this item)

LF 46 $____________ $______________

28. Furnish and Install 24-Inch Polypropylene Pipe (HDPP) Inlet Lead, ASTM Specification F2881 of ASHTO M330 with Standard Bedding and Backfill (complete in place, To include all required testing, including mandrel, TV, etc per Harris County Spec 482 for this item)

LF 94 $____________ $______________

29. Standard City of Houston Type "H-2" Storm Sewer Inlet (furnish and install, complete in place)

EA 6 $____________ $______________

30. Standard City of Houston Type "C" Storm Sewer Manhole (24"-42") (furnish and install, complete in place)

EA 1 $____________ $______________

31. Junction Box for Pipe Sizes Greater Than 42" (furnish and install, complete in place)

EA 3 $____________ $______________

WALLER COUNTY

BID PROPOSAL

MIRABELLA, SECTION THREE (P-4536)

MUNICIPAL UTILITY DISTRICT NO. 46

EHRA

July 17, 2026

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STORM WATER COLLECTION SYSTEM

WALLER COUNTY

BID PROPOSAL

MIRABELLA, SECTION THREE (P-4536)

MUNICIPAL UTILITY DISTRICT NO. 46

32. Remove and Dispose Existing Type "E" Storm Sewer Inlet Top and Reconstruct Standard Type "C" Storm Sewer Manhole (complete in place)

EA 1 $____________ $______________

33. Remove and Dispose of Existing Plug and Connect Proposed 48-Inch HDPP Storm Sewer to Existing 48- Inch HDPP Storm Sewer (complete in place)

EA 1 $____________ $______________

34. Adjust Existing Manhole Top to Finished Grade with a minimum of 6-Inches of Adjustment Rings (complete in place)

EA 1 $____________ $______________

35. Trench Safety (furnish and install, complete in place) LF 1,041 $____________ $______________

TOTAL STORM WATER COLLECTION SYSTEM: $__________________

EHRA

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36. Roadway Excavation - on-site disposal on stripped (4-inch minimum depth) and proof-roll tested areas in Mirabella, Section Three as Indicated in the Approved Construction Drawings; Including 2,355 CY of utility spoil (haul, place, grade and compact spoil/fill to proposed grades in maximum 8-Inch lifts (loose measure) and compact to 95% SPD, +/-2% of Optimum Moisture)

CY 2,570 $____________ $_______________

37. Lot Manipulation/Excavation (Contractor to strip all lots/areas to receive fill of all organics to a minimum depth of four (4) inches below natural ground prior to placement and grading of said fill material; all strippings are to be placed and evenly graded over filled lots/areas)

CY 5,260 $____________ $_______________

38. Proof-roll test paving subgrade and spoil sites with fully loaded street legal tandem axle dump truck before subgrade stabilization operations and prior to placement of pavement (test to be witnessed by a representative from the construction materials testing service provider and by a representative from the Engineer; a minimum of 24 hours advanced prior notice must be given to the project site representative prior to proof-roll testing operations, any over excavation (remove and replace of soil below the top subgrade elevation) to get a proof roll, will be incidental and be completed with no additional costs to the owner up to 100 CY, engineer may recommend disking soil to let soil dry out and this method will be incidental to the contract and will be completed with no additional costs to the Owner)

LS 1 $____________ $_______________

BID PROPOSAL

WALLER COUNTY

MIRABELLA, SECTION THREE (P-4536)

EXCAVATION, PAVING AND GRADING

MUNICIPAL UTILITY DISTRICT NO. 46

EHRA

July 17, 2026

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BID PROPOSAL

WALLER COUNTY

MIRABELLA, SECTION THREE (P-4536)

EXCAVATION, PAVING AND GRADING

MUNICIPAL UTILITY DISTRICT NO. 46

39. Over Excavation (remove and replace soil below the top of subgrade elevation ) needed to gain Proof-roll (only as directed and approved in writing by Engineer, this bid item will only be used if over excavation is directed by the Engineer and will only be paid for over excavation above 100 CY)

CY 327 $____________ $_______________

40. Type "B" Lime (36#/Sy.; furnish, complete in place) TONS 88 $____________ $_______________

41. Class "C"…