Bid Documents (39).pdf

Harris County Improvement District No. 13

Contract Documents and Specifications for Construction of

Dunham Pointe Landscape

Harris County, Texas

July 2026

TBPE Registration No. F-1046

10777 Westheimer, Suite 500 Houston, Texas 77042

281-558-8700

7/27/26

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Contract Documents and Specifications for Construction of

Dunham Pointe Landscape

Harris County, Texas

CONTENTS

I. INVITATION TO BIDDERS

II. INSTRUCTIONS TO BIDDERS

III. BID

IV. CONTRACT

V. PERFORMANCE BOND

VI. PAYMENT BOND

VII. MAINTENANCE BOND

VIII. GENERAL CONDITIONS OF THE AGREEMENT

VIII.(A) ATTACHMENT A - INSURANCE REQUIREMENTS

VIII.(B) ATTACHMENT B - MINIMUM WAGE RATE SCALE

VIII.(C) ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT

IX.(A) SPECIAL CONDITIONS OF THE CONTRACT PART A

IX.(B) SPECIAL CONDITIONS OF THE AGREEMENT PART B

X. TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION

XI. CONTRACTOR CONSTRUCTION FORMS

• XI(A) - AFFIDAVIT FOR PARTIAL PAYMENT

• XI(B) - AFFIDAVIT FOR FINAL PAYMENT AND BILLS PAID

• XI(C) - CERTIFICATE OF SUBSTANTIAL COMPLETION

• XI(D) - ENGINEER'S CERTIFICATION OF SUBSTANTIAL COMPLETION

• XI(E) - CERTIFICATE OF COMPLETION

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XII. STANDARD SPECIFICATIONS

XIII. TECHNICAL SPECIFICATIONS

XIV. STORM WATER POLLUTION PREVENTION PLAN

(NOT PART OF THIS CONTRACT)

HARRIS COUNTY ID NO. 13 INVITATION TO BIDDERS

Electronic Bids Only I - 1/2 September 2025

Date: July 17, 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Board of Directors, Harris County Improvement District No. 13, will be electronically received through www.civcastusa.com, until 10:00 AM Local Time, Tuesday, August 11, 2026, and then publicly opened and read at the office of BGE, Inc. for the furnishing of all material, equipment, labor and supervision necessary or incidental to “Construction of Dunham Pointe Landscape for Harris County ID No. 13, Harris County, Texas.”

In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via Microsoft Teams. To join via Microsoft Teams the Call-in number is (832) 680-2579 and the Conference ID is 709 250 245#.

Scope of Work of the Contract Documents includes the following:

1. Approximately 26,000 SF of concrete sidewalks and paving.

2. Approximately 23,000 SF of decorative hardscape, pavers, synthetic turf, and decking.

3. Approximately 330 trees including Live Oaks, Bur Oaks, Red Maples, Mexican

Sycamores, Cedar Elms, and Bald Cypress.

4. Approximately 59,000 shrubs, ornamental grasses, perennials, and groundcover plantings.

5. Approximately 124,000 SF of Bermuda sod and hydroseed.

6. Complete irrigation systems for public and private improvement areas.

7. Approximately 4,900 LF of electrical conduit and conductors, landscape lighting fixtures, receptacles, and associated site utilities.

Bids received after closing time will be returned unopened.

A non-mandatory pre-bid conference will be held on Tuesday, August 4, 2026, at 10:00 AM Local Time, remotely through Microsoft Teams. To join via Microsoft Teams the Call-in number is (832) 680-2579 and the Conference ID is 548 790 534#.

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: 12951-06. 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.

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 http://www.civcastusa.com/

HARRIS COUNTY ID NO. 13 INVITATION TO BIDDERS

Electronic Bids Only I - 2/2 September 2025 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.

HARRIS COUNTY ID NO. 13

HARRIS COUNTY ID NO. 13 INSTRUCTIONS TO BIDDERS

Instructions to Bidders II - 1 September 2025

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 seventy-two hours (72 hours) 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

Instructions to Bidders II - 2 September 2025 each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

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

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

3. PRE-BID CONFERENCE. A non-mandatory pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The non-mandatory pre-bid conference will be held at the 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 percent (2%) 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, a payment bond, and a maintenance bond each in the sum of 100 percent (100%) of the Contract Price 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

Instructions to Bidders II - 3 September 2025 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, Instructions to Bidders II - 4 September 2025

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, 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.

Instructions to Bidders II - 5 September 2025

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is Harris County Improvement District No. 13; the contract ID number is 12951-06; and the description of goods and services is Dunham Pointe Landscape. 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.

Instructions to Bidders II - 6 September 2025

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.

Instructions to Bidders II - 7 September 2025

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.[If the District does not have an Order Adopting Electronic Signature Rules for Construction Contracts, delete the remainder of this paragraph. 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 https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

Instructions to Bidders II - 8 September 2025 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 Five Hundred Dollars ($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.

Instructions to Bidders II - 9 September 2025

22. GRADING CRITERIA.

1.0 To enable the OWNER to efficiently evaluate bid proposals for this Project, the bidder (also sometimes referred to as Proposer) shall follow the required format in preparing its proposal. Proposals that do not conform to the prescribed format may be rejected.

2.0 The proposal shall consist of one (1) standard binder or document enclosure and a separate sealed, opaque envelope containing one (1) original Document 00310

- Form of Proposal, and Proposal Supplements. The binders or enclosures shall be submitted in a sealed package. The envelope shall be sealed and taped securely to the outside of the sealed package. Proposer shall clearly identify the Project Name and Project Number, Proposal Submittal Date, and Proposer’s Name (Contractor) on the outside of the envelope.

3.0 Binders or enclosures are used to ensure that pages are not lost. Each enclosure shall be of adequate size to fit all information being submitted. Pages shall be no larger than letter-size (8½” by 11”). The enclosures (and information provided) shall be separated by Sections, as noted.

4.0 The selection criteria and corresponding point values are set out in Sections A thru F below.

A. Outside Cover

This shall clearly identify the Project Name and Number, Proposal Submittal Date, and Proposer’s Name (Contractor).

B. Total Price (50 points)

Proposer to leave this section BLANK. Upon receipt of Proposal, the Owner will insert a copy of Proposer’s completed Form of Proposal (Document 00310).

Proposer will be evaluated on Total Proposal Price. (Lowest Total Proposal Price (also referred to as Contract Price) will receive the maximum 50 points, with each successively higher Total Proposal Price, thereafter, receiving fewer points, accordingly.)

C. Timely Project Completion (20 points)

Provide three (3) examples of recent projects demonstrating proven ability to schedule and phase work properly to minimize impact to project owners, use of Critical Path Method (CPM) scheduling, and experience meeting deadlines.

Include original and actual project durations, and provide brief explanations for any delays, if applicable.

D. Project Management & Experience (10 points)

Provide qualifications and experience of proposed supervisory personnel (Construction Manager and Superintendent). Include 3 examples of similar

Instructions to Bidders II - 10 September 2025 projects completed within the past five (5) years, describing scope, complexity, and value. Provide contact information for verification. Demonstrate performance in construction and closeout phases and ability to manage documentation, communication, and coordination across trades and consultants.

E. References (5 points)

Provide at least three (3) references from past clients, project owners, or design professionals from projects referenced in section D or other relevant projects within the last five (5) years, including contact information for verification.

F. Proposed Subcontractors and Suppliers (15 points)

Provide a list of proposed major subcontractors and suppliers, noting their qualifications and experience on projects of similar scope, complexity, and value.

Proposers submitting incomplete information will receive fewer points accordingly.

BGE Std. 2018 - Public III - 1

BID

Bid for “Construction of Dunham Pointe Landscape for Harris County ID No. 13, Harris County, Texas.”

Harris County Improvement District No. 13 c/o BGE, Inc.

10777 Westheimer, Suite 500 Houston, Texas 77042

CONTRACTOR:

(Legal Name of Company)

ADDRESS:

County:

TELEPHONE:

FAX:

EMAIL:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the terms and conditions of the contract Documents.

Bidder accepts all of the terms and conditions of the Invitation to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within seven (7) days after the date of Owner’s Notice of Award.

In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

Bidder has examined, carefully studied, and understands all the terms and conditions set forth in the Bidding Documents and the following Addenda receipt of all which are hereby acknowledged:

Addendum No. Date Received Acknowledgement

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

Bidder will complete the Work in accordance with the Contract Documents for the following prices:

(see attached bid form)

\\bgeinc\data2\00012951-06\LD\03_Constr\[Dunham Pointe Landscaping Bid Form.xlsx]Bid Form

UNIT

COST

1. Mobilization for MUD Public Improvement Area work

1. LS $ $

2. Rough grading within the MUD Public Improvement Areas, encompassing approximately 111,740 SF

1. LS $ $

1. Concrete approaches extending to the property line

4,234. SF $ $

2. Standard Sidewalk: Standard concrete sidewalk, excluding integrally colored Topcast sidewalk

10,385. SF $ $

3. Topcast Sidewalk: Integrally colored Topcast concrete sidewalk

7,228. SF $ $

4. City Sidewalk: City concrete sidewalks

4,446. SF $ $

1. Furnish and install Type "Q" fixtures, complete

12. EA $ $

2. Furnish and install Type "P" fixtures, complete

39. EA $ $

3. Furnish and install post-mounted receptacles, complete

10. EA $ $

4. Conduit and Conductors: 3/4-inch Schedule 40 PVC conduit with two No. 10 conductors and one No. 10 equipment grounding conductor 4,874. LF $ $

5. Trenching for electrical improvements

3,454. LF $ $

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

UNIT A: MUD IMPROVEMENT SITE PREPARATION AND ROUGH GRADING

TOTAL, UNIT A

UNIT B: MUD CONCRETE IMPROVEMENTS

TOTAL, UNIT B

UNIT C: MUD ELECTRICAL IMPROVEMENTS

TOTAL, UNIT C

III - 2

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

1. Hardscape and Site Furnishings:

a. Aggregate: Decomposed granite

219. SF $ $

b. 3/16-inch x 4-inch steel edging

1,762. LF $ $

c. Pavers: Vehicular crosswalk

309. SF $ $

d. Pavers: Vehicular herringbone

737. SF $ $

e. Pipe bollards

4. EA $ $

f. Planter Pot: Cora Design Collective

9. EA $ $

g. Bike Rack: Cora Design Collective

1. EA $ $

h. Planter Pot: Form + Fiber

10. EA $ $

i. Chair: Cora Design Collective

4. EA $ $

j. Litter Receptacle: Cora Design Collective

2. EA $ $

k. Synthetic Turf: ForeverLawn

1,394. SF $ $

l. Wood Decking: Trex wood deck with pine nailers

1,703. SF $ $

2. Trees:

a. 100-gallon October Glory Red Maple

16. EA $ $

b. Mexican Sycamore: 200-gallon Platanus mexicana

2. EA $ $

UNIT D: MUD LANDSCAPING IMPROVEMENTS

SUBTOTAL, HARDSCAPE AND SITE FURNISHINGS

III - 3

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

c. Bur Oak: 100-gallon Quercus macrocarpa

36. EA $ $

d. Live Oak: 100-gallon Quercus virginiana

53. EA $ $

e. Live Oak: 300-gallon Quercus virginiana

2. EA $ $

f. Bald Cypress: 100-gallon Taxodium distichum

11. EA $ $

g. Cedar Elm: 100-gallon Ulmus crassifolia

47. EA $ $

h. Lacebark Elm: 100-gallon Ulmus parvifolia

45. EA $ $

i. Eastern Redbud: 45-gallon Cercis canadensis

3. EA $ $

j. Crape Myrtle: 65-gallon Lagerstroemia indica

28. EA $ $

k. Shoal Creek Chaste Tree: 65-gallon Vitex agnus-castus

10. EA $ $

3. Plants and Shrubs:

a. Dwarf Palmetto: 7-gallon container

42. EA $ $

b. Spanish Dagger: 7-gallon container

26. EA $ $

c. Soft Leaf Yucca: 7-gallon container

47. EA $ $

d. Purple Coneflower: 1-gallon container

12. EA $ $

e. Blue Flag Iris: 3-gallon container

60. EA $ $

f. Texas Lantana: 1-gallon container

181. EA $ $

g. Fortnight Lily: 3-gallon container

506. EA $ $

SUBTOTAL, TREES

III - 4

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

h. Giant Leopard Plant: 7-gallon container

15. EA $ $

i. Dwarf Yaupon Holly: 3-gallon container

300. EA $ $

j. Bamboo Muhly: 3-gallon container

175. EA $ $

k. Dwarf Southern Wax Myrtle: 7-gallon container

1,072. EA $ $

l. Yew Podocarpus: 5-gallon container

1,216. EA $ $

m. Dwarf Palmetto: 7-gallon container

436. EA $ $

n. Blonde Ambition Blue Grama: 1-gallon container

8,844. EA $ $

o. Pink Muhly Grass: 3-gallon container

165. EA $ $

p. Flax Lily: 1-gallon container

608. EA $ $

q. Turk's Cap: 1-gallon container

506. EA $ $

r. Deep Purple Salvia: 1-gallon container

48. EA $ $

s. Meadow Sedge: 1-gallon container

3,477. EA $ $

t. Purple Leaf Wintercreeper: 1-gallon container

139. EA $ $

u. Evergreen Giant Lilyturf: 1-gallon container

22,552. EA $ $

v. Seasonal Color: 4-inch container

292. EA $ $

w. Bushy Skullcap: 1-gallon container

814. EA $ $

SUBTOTAL, PLANTS AND SHRUBS

III - 5

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

4. Sod and Seed:

a. Bermuda Grass: Sod

18,230. SF $ $

b. Bermuda Grass: Hydroseed

55,030. SF $ $

5. Soils and Ground Cover:

a. Imported topsoil

73,260. SF $ $

b. Imported planting bed mix

61,934. SF $ $

c. Hardwood Mulch: Imported mulch for planting beds and trees

66,488. SF $ $

6. Irrigation:

a. Complete irrigation system within the MUD Public Improvement Areas 1. LS $ $

7. Warranty:

a. One-Year Irrigation Warranty: Provide a one-year warranty covering all irrigation materials, equipment, installation, system operation, adjustments, repairs, and replacement of defective components beginning on the date of final acceptance

1. LS $ $

SUBTOTAL, SOD AND SEED

SUBTOTAL, SOILS AND GROUND COVER

SUBTOTAL, IRRIGATION

SUBTOTAL, WARRANTY

TOTAL, UNIT D

III - 6

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

1. Hardscape and Site Furnishings:

a. Aggregate: Decomposed granite

4,621. SF $ $

b. 3/16-inch x 4-inch steel edging

3,188. LF $ $

c. Pavers: Vehicular crosswalk

2,125. SF $ $

d. Pavers: Vehicular herringbone

10,615. SF $ $

e. Pipe bollards

4. EA $ $

f. Planter Pot: Cora Design Collective

29. EA $ $

g. Bike Rack: Cora Design Collective

2. EA $ $

h. Bench: Cora Design Collective

18. EA $ $

i. Flex Seating Group and Table: Cora Design Collective

2. EA $ $

j. Litter Receptacle: Cora Design Collective

6. EA $ $

k. Love Seat Bench: Cora Design Collective

2. EA $ $

l. Planting Seating Cluster: Cora Design Collective

3. EA $ $

m. Tree Grates: Cast iron

2. EA $ $

n. Wood Decking: Trex wood deck with pine nailers

1,120. SF $ $

o. Synthetic Turf: ForeverLawn

508. SF $ $

UNIT E: PRIVATE LANDSCAPING IMPROVEMENTS

SUBTOTAL, HARDSCAPE AND SITE FURNISHINGS

III - 7

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

2. Trees:

a. 100-gallon October Glory Red Maple

6. EA $ $

b. Mexican Sycamore: 200-gallon Platanus mexicana

36. EA $ $

c. Bur Oak: 100-gallon Quercus macrocarpa

2. EA $ $

d. Live Oak: 100-gallon Quercus virginiana

10. EA $ $

e. Live Oak: 300-gallon Quercus virginiana

1. EA $ $

f. Cedar Elm: 100-gallon Ulmus crassifolia

3. EA $ $

g. Lacebark Elm: 100-gallon Ulmus parvifolia

3. EA $ $

h. Eastern Redbud: 45-gallon Cercis canadensis

8. EA $ $

i. Crape Myrtle: 65-gallon Lagerstroemia indica

7. EA $ $

j. Shoal Creek Chaste Tree: 65-gallon Vitex agnus-castus

1. EA $ $

3. Plants and Shrubs:

a. Purple Coneflower: 1-gallon container

31. EA $ $

b. Blue Flag Iris: 3-gallon container

4. EA $ $

c. Sunshine Chinese Privet: 7-gallon container

82. EA $ $

d. Bamboo Muhly: 3-gallon container

47. EA $ $

e. Dwarf Southern Wax Myrtle: 7-gallon container

236. EA $ $

SUBTOTAL, TREES

III - 8

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

f. Yew Podocarpus: 5-gallon container

568. EA $ $

g. Dwarf Palmetto: 7-gallon container

108. EA $ $

h. Blonde Ambition Blue Grama: 1-gallon container

12,387. EA $ $

i. Pink Muhly Grass: 3-gallon container

518. EA $ $

j. Foxtail Fern: 3-gallon container

149. EA $ $

k. Flax Lily: 1-gallon container

83. EA $ $

l. Texas Lantana: 1-gallon container

66. EA $ $

m. Deep Purple Salvia: 1-gallon container

57. EA $ $

n. Meadow Sedge: 1-gallon container

780. EA $ $

o. Evergreen Giant Lilyturf: 1-gallon container

2,050. EA $ $

p. Seasonal Color: 4-inch container

89. EA $ $

4. Sod and Seed:

a. Bermuda Grass: Sod

51,314. SF $ $

5. Soils and Ground Cover:

a. Imported topsoil

51,314. SF $ $

b. Imported planting bed mix

37,999. SF $ $

c. Hardwood Mulch: Imported mulch for planting beds and trees

40,771. SF $ $

SUBTOTAL, PLANTS AND SHRUBS

SUBTOTAL, SOD AND SEED

SUBTOTAL, SOILS AND GROUND COVER

III - 9

COST

Harris County Improvement District No. 13

Dunham Pointe Landscape

Bid Form

ITEM

QUANTITY

& UNIT

ITEM

TOTAL

6. Irrigation:

a. Complete irrigation system within the Private Improvement Areas 1. LS $ $

7. Warranty:

a. One-Year Irrigation Warranty: Provide a one-year warranty covering all irrigation materials, equipment, installation, system operation, adjustments, repairs, and replacement of defective components beginning on the date of final acceptance

1. LS $ $

No changes shall be made in the phraseology of the Bid Form or of the items mentioned therein. The Bidder agrees that a bid may be disqualified if the bid contains an omission, erasure, alteration, or addition to the Bid Form.

In the event an extension error is made in computing the bid, the "unit cost" column will control. Qualifying statements or accompanying qualifying letters will be cause for rejection of bid.

All Bid Items with a minimum dollar amount shall utilize a dollar amount not lower than the minimum for that Item. In the event that an amount lower than the minimum dollar amount is used, the Unit Cost will be changed to the minimum amount and the Item Total and Total Bid values will be revised accordingly.

The work described above will be awarded under one contract. The undersigned agrees that the prices listed includes sufficient compensation for the completion of the work bid upon including all necessary site work hauling and other items of work incidental to the completion of the project.

SUBTOTAL, IRRIGATION

SUBTOTAL, WARRANTY

TOTAL, UNIT E

BID SUMMARY

UNIT A: Mud Improvement Site Preparation and Rough Grading

TOTAL COMBINED BID IN WORDS:

UNIT B: MUD Concrete Improvements

UNIT C: MUD Electrical Improvements

UNIT D: MUD Landscaping Improvements

UNIT E: Private Landscaping Improvements

TOTAL COMBINED BID

III - 10

BGE Std. 2018 - Public III - 11

If this bid is accepted by Owner, Bidder will commence work within seven (7) days after written Notice to Proceed or acceptance of this bid.

If this Bid is accepted, Bidder agrees that the Work will be completed and ready for final payment in accordance with paragraph 10.03 of the General Conditions within ninety (90) calendar days from the date of the Notice to Proceed.

Bidder accepts the provisions of the Instruction to Bidders as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid or contract and…