Bid Manual.pdf

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PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 2

PROJECT MANUAL AND

CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF:

Easton Park – 4B East Phase 2 + 3

Prepared by:

TBG PARTNERS

3232 EAST CESAR CHAVEZ STREET,

BUILDING 1, SUITE 100

AUSTIN, TEXAS 78702

FIRM NO. BR 120

July 29, 2026 July 29, 2026

Project No. A25556

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STANDARD CONTRACT DOCUMENTS

Table of Contents

Document Number Title

INTRODUCTORY INFORMATION

Table of Contents

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

Pre-Bid Information 00020 Invitation for Bids

Instructions to Bidders 00100 Instructions to Bidders

Bid Forms 00300 Bid Form

Supplements to Bid Forms 00400 Statement of Bidder’s Experience

Agreement Form 00500 Agreement, Exhibit A –Specifications Index Exhibit B—Drawings Index Exhibit C—Weather Days Special Provisions Addendum for Construction Contract Change Order Form Contractor’s Pay Application Form

Bonds and Certificates 00610 Performance Bond 00620 Payment Bond 00625 Maintenance Bond 00650 Certificate of Insurance

General Conditions 00700 Standard General Conditions 00705 Special Conditions

Supplementary Conditions 00810 Supplemental General Conditions

Addenda 00900 Addendum

SPECIFICATIONS

Division 1 General Requirements 01010 Summary of Work 01300 Submittals

City Standard Technical Specifications (see Document No. 00500 Agreement Exhibit A)

Special Provisions to City Standard Technical Specifications

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Special Specifications

REPORTS

N/A

END

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Section 00020

Bidding Requirements, Contract Forms and Conditions of the Contract

Notice to Bidders Sealed bid proposals addressed to Carma Easton LLC on behalf of Pilot Knob MUD No. 2 (the “District”), c/o Carma

Easton LLC Attn: AJ Zorn, will be received from qualified bidders until 11:00 am CST on August 14, 2026 virtually at www.CivcastUSA.com and then opened and read aloud, for furnishing all labor, supplies, and supervision necessary for construction of Easton Park – 4B East: Phase 2 and 3 (the “Project”). No faxed or electronic bids will be accepted. Any proposal received after the closing time will be filed unopened. The Project involves construction of fine grading, site work, site furnishings, planting and irrigation.

Plans and Specifications, bid form, and contract documents for the Project may be viewed at and obtained without charge from www.CivcastUSA.com. Bidders must register on this website in order to view and/or download proposal forms, plans, specifications, and contract documents and submit bids.

A Non-Mandatory Pre-Bid Conference will be conducted at 11:00 am CST on August 4, 2026 virtually via Teams, info at www.CivcastUSA.com.

The Award will be made on the basis of the lowest responsible bidder that is considered the most advantageous to the District and result in the best and most economical completion of the Project in accordance with Texas Water

Code Section 49.273(c). The right is reserved to waive any informality in the bidding and to reject any or all bids.

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All Bids shall be accompanied by an acceptable Bid guaranty in an amount of not less than five percent (5%) of the total Bid, as specified in “Instructions To Bidders”.

Performance and payment bonds shall be issued in an amount of one hundred percent (100%) of the Contract

Amount by a solvent corporate surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by Owner pursuant to applicable law.

Minimum insurance requirements are specified in Article 6, Standard General Conditions, as may be amended.

Contract Time is of the essence and all Work shall be complete within 90 (60 + 30) Calendar Days after the date specified in the Notice to Proceed, in accordance with the “Bid Form”.

No Bid shall be withdrawn for a period of 90 days after the opening of the bids. The Owner reserves the right to reject any or all Bids (including, without limitation, any or all nonconforming, non-responsive, unbalanced, or conditional Bids). The Owner also reserves the right to waive all irregularities and defects in the Bids and the bidding process, except time of submitting a Bid. The Successful Bidder, if any, will be the responsible

Bidder that, in the Board’s judgment, will be most advantageous to the District and result in the best and most economical completion of the Project. (Texas Water Code §49.273)

Minimum Wage Scale: The contract will require compliance with Texas Government Code, Chapter 2258, Subchapter B, pertaining to prevailing wage rates. In accordance with Texas Water Code §49.279, the District specifies the prevailing wage rates for public works established by Travis County, Texas as the District’s prevailing wage rates. The contractor for the Project must pay not less than the specified prevailing wage rates to workers employed by it in execution of the contract.

AUTHORIZED CONTACT PERSONS

PROJECT MANAGER: Elizabeth Boudreaux Gentry elizabeth.gentry@tbgpartners.com

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Section 00100

INSTRUCTIONS TO BIDDERS

1. Preparation of Bid

(A) Bid Documents. Each Bidder must prepare its Bid in ink on forms furnished by Owner or as otherwise specified or permitted. Blank spaces for each item in Bid form must be filled. Bidder must submit a price for each item in Bid. In case of conflict between unit prices and extensions, unit prices shall govern. The Bid must be executed in the complete and correct legal name of individual, partnership, firm, corporation or other legal entity constituting the Bidder.

(B) Pre-Bid Conference. Unless otherwise notified, Bidders must attend the Pre-Bid Conference to ensure their understanding of Owner’s bidding and contracting requirements.

(C) Addenda. Bidder shall be knowledgeable of all Addenda issued and shall acknowledge all Addenda in spaces provided on Bid form. Further information regarding the Bid documents and the Project may be obtained from the Project Manager listed in the “Invitation for Bids”.

(D) Required Items. Bids must include all specified items in this section and be submitted in accordance with paragraph No. 9 below. Any corrections to a Bid shall be initialed by the person signing the Bid.

(E) Professional Services. Bidders must secure any required professional services that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas

Government Code (for example: registered professional land surveyors and professional engineers) using the qualifications based selection process prescribed by that chapter. (Note:

It is a violation of State Law to solicit Bids for professional services.)

(F) Further Information. Prospective Bidders desiring further information or interpretation of Project

Manual or Drawings must make a written request for such information to Owner addressed to the Authorized Contact Person listed in “Invitation for Bids” no later than seven working days before

Bid opening. Interpretation of Project Manual or Drawings will be made by Addendum only and a copy of each Addendum will be provided to each person to whom a set of Bid Documents has been furnished. Any verbal communications will not be binding on the Owner.

2. Restriction on Contacts.

(A) During a no-contact period, a Bidder shall make a representation only through the authorized contact person.

(B) During the no-contact period, a Bidder may only contact the authorized contact person. This prohibition also applies to a vendor that makes a representation and then becomes a Bidder.

(C) The no-contact period shall expire when the first of the following occurs: contract is executed or solicitation is cancelled.

3. Permitted Representations

(A) If Owner seeks additional information from Bidder, the Bidder shall submit the representation in writing only to the authorized contact person. The authorized contact person will then distribute the written representation in accordance with the terms of the IFB. A Bidder cannot amend or add information to a bid after the bid deadline.

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(B) If bidder wishes to send a complaint to the Owner, the Bidder shall submit the complaint in writing only to the authorized contact person. The authorized contact person will then distribute a complaint regarding the process to members of the District and to all Bidders. A determination of what constitutes promoting or disparaging the qualifications of a Bidder or constitutes amending or adding information is at the purchasing officer’s sole discretion. Bid protests are not subject to this subsection.

4. Estimates of Quantities

(A) Unit Price Contracts

Quantities listed in “Unit Price Bid Form” are to be considered approximate quantities and will be used only for comparison of Bids. Payment to CONTRACTOR will be made only for actual quantities of

Work performed or materials furnished in accordance with the Contract and it is understood that quantities may be increased or decreased as provided in “General Conditions”, and as may be modified by “Supplemental General Conditions”.

(B) Lump Sum Contracts

Quantities listed in the “Schedule of Values” and incorporated in the CONTRACTOR’S “Bid Form” are to be considered approximate quantities and will be used only for comparison of Bids, and review of partial pay estimates.

5. Drawings, Project Manual and Site (s) of Work

(A) It is the responsibility of each Bidder before submitting a Bid:

(1) To examine thoroughly the Contract Documents and other related data identified in the Bidding

Documents (including "technical data" referred to below);

(2) To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work and satisfy Bidder as to character, quality and quantities of Work to be performed and materials to be furnished;

(3) To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

(4) To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and

(5) To promptly notify Landscape Architect of all conflicts, errors, ambiguities or discrepancies which

Bidder has discovered in or between the Contract Documents and such other related documents.

(B) Reference is made to the Supplementary Conditions for identification of:

(1) Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Landscape Architect in preparation of the Contract Documents. Bidder may not rely upon the data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.

(2) Copies of such subsurface reports will be made available by Owner to any Bidder on request. Those reports are not part of the Contract Documents and are not a warranty of surface or subsurface conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" contained therein. Bidder acknowledges that Owner and Landscape Architect disclaim any

{W1063816.1} Page 3 of 12 responsibility for the accuracy, true location, and extent of the soils, surface, and subsurface investigations that have been prepared by others and disclaim responsibility for Bidder's interpretation of or conclusions or opinions drawn from such reports, e.g., without limitations, projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water. Bidder is expected to examine the site and such reports and then decide for itself the character of the materials to be encountered.

(C) Information and data shown or indicated in the Contract Documents with respect to existing

Underground Facilities at or contiguous to the site is based upon information and data furnished to

Owner and Landscape Architect by owners of such Underground Facilities or others, and Owner and

Landscape Architect do not assume responsibility for the accuracy or completeness thereof or for

Bidder's interpretation of or conclusions or opinions drawn from such information and data. The

Contractor is advised to coordinate closely with Landscape Architect and Operator prior to the commencement of any underground construction activities. Such information and data is not a part of the Contract Documents and is not a warranty of subsurface conditions.

(D) Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract

Documents.

(E) On request and approval, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

(F) Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by the Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide, to each Bidder for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work.

(G) The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, method, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Landscape Architect written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the

Contract Documents and the written resolutions thereof by Landscape Architect is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

6. Bid Guaranty

All bids shall be accompanied by a bid guaranty in an amount of not less than five percent (5%) of the total bid. If the total bid amount exceeds $50,000, then a bid guaranty can be either a cashier’s or certified check payable to the District on a responsible bank in the State of Texas or a bid bond payable to the District, with power of attorney attached, issued by a surety legally authorized to do business in the State of Texas. If the

{W1063816.1} Page 4 of 12 total bid amount exceeds $250,000, then the District must accept as a bid guaranty a bid bond payable to the

District, with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to Owner.

The Bid guaranty accompanying the Bid of the three (3) apparent low Bidders will be retained until Contract is awarded and successful Bidder executes Contract and furnishes required bonds and insurance, after which Bid guaranty will be returned to the Bidders. All other Bid guaranties will be returned after Bid certification. In the event that the Bidder to whom the Contract is awarded fails to timely execute the

Contract, the Bidder agrees that the Owner in its discretion may rescind the initial award and award the

Contract to the next lowest responsible Bidder.

7. Performance and Payment Bonds

When performance and/or payment bonds are required, each shall be issued in an amount equal to the

Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent corporate surety authorized to do business in the State of Texas, and shall meet any other requirements established by law or by Owner pursuant to applicable law.

8. Consideration of Bid Amount

For purpose of award, after Bids are opened, read aloud, reviewed, and certified, the total amount of the

Bid, including accepted Bid alternates, will be considered the amount of the Bid. Upon request, certified

Bid tabulations will be made available to the public. Owner reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bids).

9. Submission of Bid

Each Bid must be completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity submitting the Bid, and, shall include the following in one envelope furnished by Owner:

(A) One copy of “Bid Form” completed and signed.

(B) Acknowledgment of receipt of Addenda issued in spaces provided in “Bid Form”.

(C) Required Bid guaranty.

(D) Copy of statement of legal entity status, as applicable, including but not limited to, as applicable, Statement of Sole Proprietorship, Articles of Partnership or Incorporation and resolution, or corporate board minutes, empowering signatory to bind Bidder, attested to by an officer of Bidder.

(E) Unless provided to the contrary i n “Modifications to Bidding Requirements and Contract Forms”, one copy of Attachments A, B, C, and D and any other specifically designated Attachments if the

“ Statement of Bidder’s Experience” is required to be submitted as part of the Bid, completed and signed.

(F) Construction Schedule as referenced in Division 1 General Requirements – Submittals Section 3.2.

Bids must be submitted on the form included in the bid documents in sealed envelopes marked “Bid for Easton

Park – 4B East – Phase 2 + 3. Failure to submit Bid appropriately may subject Bidder to disqualification. Bid may be mailed or delivered (in person or by Federal Express, Express Mail or other delivery service) to:

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Carma Easton LLC on behalf of Pilot Knob Municipal Utility District No. 2 c/o TBG Partners

3232 East Cesar Chavez Street

Building 1, Suite 100

Austin, Texas 78702

When sent by mail, Federal Express, Express Mail, or other delivery service, sealed Bid (marked as indicated above) shall be enclosed in an additional envelope, or other appropriate packaging, clearly identified on outside as a Bid to Owner with Bidder’s name and address, Project name, and Bid date and time. It is the sole responsibility of the Bidder to ensure timely delivery of Bid. Owner will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the Bidder.

10. Withdrawal of Bid

A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids.

No Bid may be withdrawn for at least 90 days after the scheduled closing time for receipt of bids.

11. Rejection of Bids

(A)The following will be cause to reject a Bid:

(1) Bids which are not signed by an individual empowered to bind the Bidder.

(2) Bids which are not accompanied by acceptable Bid guaranty, with Power of Attorney attached, or a letter certifying the Bidder’s ability to be bonded, from a surety company.

(3) More than one Bid for same Work from an individual, firm, partnership or corporation.

(4) Evidence of collusion among Bidders.

(5) Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by contractor to comply with subject contract or instructions of Owner.

(6) Failure to have an authorized agent of the Bidder attend the mandatory Pre- Bid Conference, if applicable.

(7) Bids received from a Bidder who has been debarred or suspended by Owner’s Purchasing

Officer.

(8) Bids received from a Bidder when Bidder or principals are currently debarred or suspended by

Federal, State or City governmental agencies. (Applicable for Bid amounts equal to or in excess of

$25,000.00).

(B)The following may be cause to reject a Bid:

(1) Default on previous contracts or failure to execute Contract after award.

(2) Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements.

(3) Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, Owner reserves right to determine most advantageous Bid or to reject the Bid.

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(4) Failure to acknowledge receipt of Addenda.

(5) Failure to submit any of the items specified above in paragraph 9, “Submission of Bid”, which are not cause for mandatory rejection in “Rejection of Bids.”

(6) Failure to submit post-Bid information within the allotted time(s) (see post-Bid requirements)

(7) Failure to timely execute Contract after award.

(8) Previous environmental violations resulting in fines or citations by a governmental entity (i.e.

U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.).

(9) Safety record.

(10) Failure of Bidder to demonstrate, through submission of Attachments A, B, C, and D, the minimum experience required as specified in “Statement of Bidder’s Experience”.

(11) Evidence of Bidder’s lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate attachments in “Statement of Bidder’s Experience”.

(12) Unbalanced Unit Price Bid: “Unbalanced Bid” means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project.

12. Protest Procedures:

The Owner’s Contract Management Director has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying Owner of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Contract Management Director may dismiss your complaint or protest.

Prior to Bid opening: If you are a prospective Bidder and you become aware of the facts regarding what you believe is a deficiency in the solicitation process before the Bid is opened, you must notify Owner in writing of the alleged deficiency before that date, giving Owner an opportunity to resolve the situation prior to the Bid opening.

After Bid opening: If you submit a Bid to Owner and (1) you have been found non-responsive, or (2) you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process or the recommended award as follows:

1. You must file written notice of your intent to protest within four (4) calendar days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award.

2. You must file your written protest within fourteen (14) calendar days of the date that you know or should have known of the facts relating to the protest unless you know of the facts before the Bid has been opened. If you know of the facts before that date, you must notify Owner as stated above.

3. You must submit your protest in writing and must include the following information:

a. your name, address, telephone, and email address;

b. the solicitation number and the CIP number, if applicable;

c. a detailed statement of the factual grounds for the protest, including copies of any relevant

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4. Your protest must be concise and presented logically and factually to help with OWNER’s review.

5. When Owner receives a timely written protest, the Contract Management Director will determine whether the grounds for your protest are sufficient. If the Contract Management Director decides that the grounds are sufficient, the Contract Management Department will schedule a protest hearing, usually within five (5) working days. If the Contract Management Director determines that your grounds are insufficient, you will be notified of that decision in writing.

6. The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from Owner are: representatives from the department that requested the purchase, the District’s

Attorney, and other appropriate staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing.

7. A decision will usually be made within fifteen (15) calendar days after the hearing.

8. The Contract Management Director will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision.

9. When a protest is filed, Owner usually will not make an award until a decision on the protest is made. However, Owner will not delay an award if the Contract Management Director determines that:

a. Owner urgently requires the supplies or services to be purchased, or

b. Failure to make an award promptly will unduly delay delivery or performance.

In those instances, the Contract Manager will notify you and make every effort to resolve your protest before the award.

The protest or notice of intent and the protest shall be submitted in writing to the following address:

Carma Easton LLC on behalf of Pilot Knob Municipal Utility District No. 2 c/o Brookfield Residential (Texas) LLC

9600 North Mopac Expressway, Suite 750

Austin, Texas 78759

13. Submission of Post Bid Information

Prior to determination of the certified low Bidder, the three (3) apparent low Bidders must submit to Owner the following information within three (3) business days of receipt of notice of apparent low Bidder status by the Owner:

1. One copy of any additionally required attachments to the ”Statement of Bidder’s Experience” completed in their entirety, including attachments, and signed.

2. Such other information as is required to evaluate Bid or Bidder.

(Note: Owner reserves the right to solely determine whether the comparable experience documentation provided by the Bidder is sufficient and relevant to the Work described in the Contract Documents for the Bidder to be considered a responsible Bidder. In addition, the Bidder acknowledges and agrees that the failure to timely provide the additional information required by this section will result in a determination that, for the purposes of this solicitation, the Bidder has not provided sufficient information for the Owner to be able to determine that the Bidder is a responsible Bidder.)

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14. Award and Execution of Contract

If a bid is accepted, the contractor will be required to furnish, at the contractor’s expense, (i) payment and performance bonds in accordance with Texas Government Code Section 2253; (ii) a two year maintenance bond in the amount of 10% of the contract price, in a form and substance, and with a surety satisfactory to the

District, upon final payment and acceptance under the contract; (iii) worker’s compensation insurance coverage in accordance with Texas Labor Code Section 406.096; and (iv) general liability insurance insuring against liability for bodily injury, personal injury, death, or property damage.

Owner will process Bids expeditiously. Award of Contract will be to the lowest responsible Bidder, meeting all requirements of the Bid Documents that is considered the most advantageous to the District and result in the best and most economical completion of the Project in accordance with Texas Water Code Section 49.273(c).

Award of Contract will occur within the period identified on the Bid form, unless mutually agreed between the parties. Contract Management Director shall submit recommendation for award to the District. Contract will be signed by an Owner Representative after award and submission of required documentation by

Bidder. Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract.

15. Worker’s Compensation Insurance Coverage

(A) Definitions

Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission (the "TWCC"), or a coverage agreement

(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project-includes the time from the beginning of the work on the project until the

Contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in Section 706.096 of the Texas Labor Code) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner¬operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

(B) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the statutory requirements of Texas Labor

Code, §401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project.

(C) The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract.

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(D) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended.

(E) The Contractor shall obtain from each person providing services on the project, and provide to the

Owner:

(1) a certificate of coverage, prior to that person beginning work on the project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project;

and

(2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(F) The Contractor shall retain all required certificates of coverage on file for the duration of the project and for one year thereafter.

(G) The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

(H) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the

TWCC, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage.

(I) The Contractor shall contractually require each person with whom it contracts to provide service on a project to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code §401.011

(44) for all its employees providing services on the project, for the duration of the project;

(2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the Contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of the coverage period, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

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(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing service on the project; and

(7) contractually require each other person with whom it contracts to perform as required by paragraphs

(I) -(6), with the certificate of coverage to be provided to the person for whom they are providing services.

(J) By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the

TWCC's Division of Self-Insurance Regulation. Providing false or misleading information may subject the

Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

(K) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the Owner.

16. Sales Tax Exemption

District is exempt from Texas sales and use taxes pursuant to Texas Tax Code Section 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax

Exemption Certification as evidence of the applicability of such exemption and, accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to

Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code Section 151.311: (i) tangible personal property that will be incorporated into Owner’s realty; (ii) tangible personal property that is necessary and essential for the performance of this contact and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and (ii) shall pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas sales and use taxes.

17. Labor Classification and Minimum Wage Scale

Texas Government Code Chapter 2258 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 the applicable minimum wage rates. The

{W1063816.1} Page 11 of 12 statute further provides that the Contractor or Subcontractors shall pay, as a penalty, to the 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. The Owner is authorized to withhold from the Contractor the amount due under Contract.

The statute likewise requires that the Contractor and Subcontractors keep an accurate record of the name and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. The records are open to inspection by the Owner.

In accordance with Texas Water Code Section 49.279, the Owner specifies the prevailing wage rates for public works established by/in Travis County, Texas as the Owner’s prevailing wage rates.

18. Signature Requirements

The Bid and any subsequent supporting Bid documents and Contract must be executed in the Bidder’s full name and legal entity status by an authorized representative of the Bidder and accompanied by sufficient documentation, which clearly indicates not only the legal name and entity status of Bidder, but also the capacity and authority of the person signing on behalf of Bidder. Accordingly, a partnership/joint venture must file its partnership/joint venture agreement, a corporation must file its articles and bylaws, a limited liability company must file its certificate of organization and article of organization and regulations, and a limited partnership must file not only limited partnership agreement and the certificate of limited partnership, but also the documentation for its general partner, and any Bidder must file a copy of any assumed name certificate, or such limited portion of such documents reasonably establishing signature authority. The following samples show the entity information and signature requirements that will apply to all

Bid and contract execution documents for the type of entity indicated:

1. Individual/Sole Proprietor (sample)

The individual/sole proprietor must sign the document in his or her personal capacity or in any assumed name capacity accompanied by a copy of any assumed name certificate.

Name of Contractor (d/b/a, if appropriate), a sole proprietor

By: , Printed Name:

2. Partnership/Joint Venture (sample)

A partner/joint venturer must sign the document in his or her capacity as a partner/joint venturer and in any assumed name capacity accompanied by a copy of the assumed name certificate, if any, and a copy of the partnership or joint venture agreement, as applicable, with additional documentation, if necessary, establishing the authority of the signatory individual.

Name of Partnership/Joint Venture, a Texas Partnership/JV, as appropriate

By: , Printed or Typed Name:

Title: (Partner, managing partner, venturer, managing venturer, as approp.)

Authorized Representative

3. Corporation (sample)

An authorized officer or agent of the corporation must sign the documents on behalf of the corporation

{W1063816.1} Page 12 of 12 in his or her capacity as the authorized representative of the corporation accompanied by a copy of a corporate resolution and minutes granting such authority with a certificate of an officer of the corporation as to the authority of the signatory to bind the

CONTRACTOR signed and dated no more than one week before the date of execution of the document.

Name of Contractor, Inc. or Co., a Texas corporation, as appropriate

By: , Printed or Typed Name:

Title: (Officer or Agent (as appropriate))

4. Limited Liability Company (sample)

An authorized manager or member of the LLC must sign the document in his or her capacity as a manager or member accompanied by a copy of the LLC’s certificate of organization and articles of organization and regulations evidencing such person’s signatory authority.

Name of Contractor, L.L.C., a Texas limited liability company, as appropriate

By: _, Printed or Typed Name:

Title: (Manager or Member (as appropriate))

5. Limited Partnership (sample)

The general partner of a limited partnership must execute the documents on behalf of the limited partnership, accompanied by copy of the limited partnership agreement and the certificate of limited partnership. In addition, the signatory must sign the documents in his or her capacity as an authorized officer or agent of the corporation or member or manager of the LLC, as appropriate, accompanied by a copy of the corporate or LLC documentation stipulated above.

Name of Contractor, Ltd., a Texas limited partnership, as appropriate By:

Name of General Partner (usually a Texas corporation or an L.L.C.)

By: , Printed or Typed Name:

Title: Officer or Agent of Corporation or LLC

End

{W1063815.1} Page 1 of 4

Section 00300

BID FORM

Easton Park – 4B East – Phase 2 + 3

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Carma Easton LLC on behalf of Pilot Knob Municipal Utility District No. 2

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

{W1063815.1} Page 2 of 4

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Landscape Architect written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Landscape Architect is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at

{W1063815.1} Page 3 of 4 artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

ARTICLE 5 – BASIS OF BID

The Bidder will enter the line item unit price in the “Unit Price” column and the line item subtotal in the

“Amount” column of the attached Schedule of Values, which is the product of the estimated "Quantity" multiplied by the "Unit Price". Any mathematical errors will be corrected for the purpose of determining the correct Amount to be entered in the Schedule of Values. The Amounts, including any corrected

Amounts, will then be totaled to determine the actual amount of the Bid.

In the event of a mathematical error, the correct product, determined by using the "Unit Price" and

"Quantity", and the correct sum, determined by totaling the correct line item Amounts, will prevail over the amount entered by the Bidder. The unit prices shown above will be the unit prices used to tabulate the Bid and used in the Contract, if awarded by the Owner.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within 90 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General

Conditions, and will be completed and ready for final payment in accordance with Paragraph

15.06 of the General Conditions within 120 calendar days after the date when the Contract

Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. Statement of Bidder’s Experience including attachments A, B, C, and D; and

C. Construction Schedule as referenced in Division 1 General Requirements – Submittals

Section 3.2.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

{W1063815.1} Page 4 of 4

ARTICLE 9 – BID SUBMITTAL

BIDDER:

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability…