BROOKEWATER SECTION TWENTY

Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 6330 West Loop South, Suite 150 Bellaire, TX 77401 713.777.5337

PAVING FACILITIES

07/22/2026^^^^

BID SET ONLY. NOT

FOR CONSTRUCTION.

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

PAVING FACILITIES

IN

BROOKEWATER SECTION TWENTY

FOR

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253

FORT BEND COUNTY, TEXAS

TABLE OF CONTENTS

Page No.

BIDDING REQUIREMENTS

Invitation to Bidders .................................................................................................. A-1 Instruction to Bidders ................................................................................................ A-2 Bid Form..................................................................................................................... A-6

CONDITIONS OF THE CONTRACT

Contract ..................................................................................................................... C-1 Special Conditions of the Contract............................................................................. SC-1 Labor Classification and Prevailing Wage Rates......................................................... PW-1 Performance Bond ..................................................................................................... PF-1 Payment Bond............................................................................................................ PB-1 Maintenance Bond..................................................................................................... MB-1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work .....................................................................................................01010-1 Cutting and Patching .................................................................................................01070-1 Submittals .................................................................................................................01300-1 Shop Drawings, Products Data and Samples .............................................................01340-1 Schedule of Values ....................................................................................................01370-1 Laboratory Services ...................................................................................................01410-1 Field Project Representative Services .......................................................................01420-1 Construction Staking..................................................................................................01430-1 Temporary Facilities and Controls ............................................................................01500-1 Cleaning and Adjusting ..............................................................................................01710-1 Project Record Documents .......................................................................................01720-1

DIVISION 2 - SITE WORK

Subgrade .................................................................................................................... 02205-1

Embankment .............................................................................................................. 02212-1

Excavation, Trenching, and Backfilling for Utilities .................................................... 02220-1

Roadway Excavation .................................................................................................. 02223-1

Waste Material Disposal ........................................................................................... 02227-1

Lime Stabilization of Pavement Subgrade ................................................................. 02241-1

Lime-Fly Ash or Fly Ash Treatment for Material in Place ........................................... 02242-1

Hot Mix Asphaltic Concrete Base Course (Black Base) .............................................. 02250-1

Prime Coat/Sealer ...................................................................................................... 02310-1

Hot Mix-Hot Laid Asphaltic Concrete ......................................................................... 02340-1

Concrete Pavement .................................................................................................... 02360-1

Concrete Curbs ........................................................................................................... 02620-1

Traffic Signs ............................................................................................................... 02725-1

Pavement Marking Materials…………………………………………………………………………………02735-1

Traffic Buttons and Pavement Markers (Reflectorized)………………………………………… 02736-1

Hydro-Mulch Seeding………………………………………… ..................................................... 02800-1

Seeding………………………………………… ........................................................................... 02805-1

GEOTECHNICAL ENGINEERING REPORT

Prepared by Tolunay-Wong Engineers, Inc.

Appendix A: Fort Bend County Permit Requirements

Appendix B: Summary of Specifications and Common Deviations/Deficiencies

Appendix X: Street Acceptance Guidelines

“Refer to Fort Bend County & City of Rosenberg Specifications for items not included herein. It will be the responsibility of the Contractor to obtain a copy of the Fort Bend County & City of Rosenberg

Specifications and adhere to them during the construction activities.”

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253 INVITATION TO BIDDERS

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Date: July 2026

INVITATION TO BIDDERS

Electronic Bids addressed to Fort Bend County Municipal Utility District No. 253, Attention Mr. Bryan F.

Aguirre, PE, will be electronically received, until 10:00 a.m. Local Time, Tuesday, August 4, 2026, and then publicly opened and read at the offices of Quiddity Engineering, LLC at 6330 West Loop South, Suite 150, Bellaire, Texas 77401 for “Construction of Paving Facilities in Brookewater Section Twenty for Fort Bend County Municipal Utility District No. 253, Fort Bend County, Texas.” Scope of Work of the Contract includes furnishing all labor, material, and equipment and performing all work required for the Construction of Paving Facilities in Brookewater Section Twenty.

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 number for this call is: 1-832-856-3756. Enter access code 241 559 201# when prompted.

Bids received after the closing time will not be considered. A NON-MANDATORY pre-bid conference will be held on Tuesday, July 28, 2026, at 10:00 a.m. Local Time, via teleconference call. The number for this call is: 1-832-856-3756. Enter access code 618 891 835# when prompted.

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 and execute the Bonds on the forms provided and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor.

Copies of the bidding documents may be obtained from www.CivcastUSA.com: search 30728-0001-01.

Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of 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/or Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253

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INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work. Bids are invited on a general contract for the Construction of Paving Facilities in Brookewater Section Twenty for Fort Bend County Municipal Utility District No. 253.

b. The Owner.

Fort Bend County Municipal Utility District No. 253 c/o The Muller Law Group, PLLC 202 Century Square Blvd.

Sugar Land, Texas 77478 Attention: Mr. Richard L. Muller, Jr.

c. The Developer Spur Brookewater Development, L.P.

8433 Enterprises Circle, Suite 100 Lakewood Ranch, Florida 34202

d. The Engineer.

Quiddity Engineering, LLC 6330 West Loop South, Suite 150 Bellaire, Texas 77401 Attention: Mr. Bryan F. Aguirre, PE Telephone: (713) 353-7259

2.0 RECEIPT OF BIDS

a. Bids addressed to Fort Bend County Municipal Utility District No. 253 will be received electronically until 10:00 a.m. Local Time, Tuesday, August 4, 2026, and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the “Construction of Paving Facilities in Brookewater Section Twenty.” Bids will be publicly read aloud at the time bids are due via teleconference call. The number for this call is: 1-832-856-3756. Enter access code 241 559 201# when prompted.

b. A NON-MANDATORY pre-bid conference will be held on Tuesday, July 28, 2026, at 10:00 a.m. Local Time, via teleconference call. The number for this call is: 1-832-856-3756. Enter access code 618 891 835# when prompted.

c. Bid opening will be held immediately after the time for receipt of bids has expired.

d. Bids will be opened publicly and read aloud. All interested parties are invited to attend.

3.0 BIDDING DOCUMENTS

a. Bidding documents include all documents available during the bidding period, including the instruction to bidders, contract forms, conditions of the contract, specifications, drawings and addenda, if any.

b. Specifications and bidding documents are available at www.civcastusa.com.

http://www.civcastusa.com/

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4.0 SEPARATED CONTRACT PROVISIONS

a. Contractor must abide by all state and local laws regulating sales tax exemption for work being performed for tax exempt entities.

b. Contractor is responsible for obtaining all permits required by the work at no additional cost to the Owner, except as may specifically be exempted in the Contract.

5.0 EXAMINATION

a. Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done.

b. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site.

c. Adjusting payments will not be authorized for work that could have been foreseen by a careful examination of the site.

d. Submission of a bid constitutes acceptance by the bidder of existing site conditions as a part of the requirements of this work.

6.0 COMPLETION TIME

a. Contractor to specify completion time on the Bid Form. The work shall be substantially completed by the stated number of calendar days from date of Notice to Proceed.

b. Submission of a bid constitutes acceptance by the bidder of the completion time as a part of the requirements of this work.

7.0 QUESTIONS

a. In ample time to permit consideration before reply, submit questions about bidding instruments to the Engineer. Questions will not be considered or answered after 11:00 a.m., three (3) calendar days prior to bidding.

b. Necessary replies will be issued to bidders of record as addenda, which becomes a part of the bidding instruments. Oral instructions do not form a part of the bidding instruments.

c. Bidders should contact the Engineer not less than 72 hours before bid opening to secure any addenda that may affect bidding.

8.0 SUBMITTAL

a. Submit bids electronically through CivcastUSA.

b. Submit bid on the bid form provided. Fill in all blanks. If no amount is to be included, insert three zeros in the space. Include all unit cost items and all alternatives shown on the bid form; failure to comply may be cause for rejections. No segregated bids or assignments will be considered.

c. Documents required to be submitted as part of an official bid include: Bid Form, Bid Security, Certificate of Interested Parties Form 1295, Statement of Qualifications, Financial Statement, Banking References, Accountant Information, and Surety Agent Information.

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d. Do not alter the bid form with written memoranda or qualifications. Any explanation, alteration, or other statements proposed by the bidder must be written separately, signed independently, and included in the bid envelope. Bids may not be modified after submittal.

e. Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation, the bid must be signed with the legal name of the corporation followed by the name of the State of Incorporation and the legal signature of a person authorized to bind the corporation to a contract.

f. ATTENTION: Pursuant to Texas Government Code 2252.908, you must provide Fort Bend County Municipal Utility District No. 253 (the “District”) with a printed, executed and notarized original of a completed Certificate of Interested Parties form (Form 1295) with the bid. Failure to do so will result in the District’s inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission’s website at https://www.ethics.state.tx.us.

Contractor to include the District’s full name in box 2 of the TEC form, “Fort Bend County Municipal Utility District No. 253.”

Contractor to enter “30728-0001-01" into box 3 of the TEC form.

9.0 BID SECURITY

a. 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 and execute the Bonds on the forms provided and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor.

b. The bid security will be forfeited to the Owner by the bidder as damages as default if the bidder fails to execute and deliver a contract and bonds as required.

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Bidder must be capable of executing a satisfactory performance bond and payment bond for 100 percent (100%) of the contract sum in accord with the conditions of the contract.

11.0 WITHDRAWAL

a. Bids may be withdrawn any time before bid opening but may not be resubmitted.

b. Bids may not be withdrawn or modified after bid opening time unless the award of the contract has been delayed more than 90 calendar days.

12.0 QUALIFICATIONS OF BIDDERS

a. The Owner may make any investigations deemed necessary to determine the bidder's ability to perform the work. When requested, furnish such information and data necessary for this purpose.

b. The Owner reserves the right to reject any bid if evidence submitted by or investigation of the bidder indicate that the bidder is not properly qualified in the opinion of the Owner, to complete the work satisfactorily.

https://www.ethics.state.tx.us/

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c. The Contractor must satisfy all insurance, financial, and bonding requirements of the Owner.

d. The Owner may make any investigations deemed necessary to determine the bidder's ability to perform the work including the contractor's OSHA safety record. When requested, furnish such information and data necessary for this purpose.

13.0 AWARD OF CONTRACT

The Owner is not obligated to accept the lowest bid or any bid. The Owner reserves the right to reject any or all bids and to waive any informalities in bids or in bidding. The Owner may accept any bid deemed advantageous.

The contract award may include full consideration of unit prices and time of completion.

14.0 RETURN OF SIGNED CONTRACTS

By submitting a bid, the Contractor agrees to return signed contracts with proper bonds and insurance certificates within 7 calendar days after the Engineer has given the unsigned contracts to the Contractor. Should the Contractor fail to return properly executed contracts within 7 calendar days, the Engineer may disqualify that Contractor and recommend that the Owner enter into contracts with the next highest bidder.

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Bid of ____________________________________________________ and existing under laws of the State of Texas / a partnership of ______________________________________________________________.

OWNER: Fort Bend County MUD No. 253

PROJECT: Construction of Paving Facilities in Brookewater Section Twenty

DATE: August 4, 2026

JOB NO.: 30728-0001-01

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

UNIT A: MOVE-IN & START-UP

A 1. Move-in and start up including performance and payment bonds for 100 percent (100%) of the contract amount. LS 1 $ $

A 2. Fort Bend County permits as required for construction.

LS 1 $ $

A 3. City of Rosenberg Infrastructure Permit Fee (1.00% of the

Base Bid Construction Cost Units A-B). Fee is due at the time of preconstruction meeting. LS 1 $ $

A 4. Fort Bend County Subdivision Maintenance Bond in the amount of $466,130.00 LS 1 $ $

SUBTOTAL, UNIT A $

UNIT B: REINFORCED CONCRETE PAVEMENT & ASPHALT PAVEMENT

B 1. Final lot grading. Grading of lots to be smooth with no ruts and ready to be seeded by separate contract. Lot 109 $ $

B 2. Roadway excavation. Excess material to be used for lot/reserve fill per grading plan. Fill material shall be spread and compacted (to 95%) as directed by Engineer. Fill areas to be demucked and/or stripped if necessary. Cut behind curb and replacement of material is considered incidental.

CY 9,800 $ $

B 3. Lime for subgrade @ (45 lbs/SY) as directed by Engineer. Ton 541 $ $

B 4. Fly Ash for subgrade @ (50 lbs/SY) as directed by Engineer.

Ton 601 $ $

B 5. Manipulation, Grading, and Compaction of subgrade for concrete pavement. SY 24,040 $ $

B 6. 6-inch reinforced concrete pavement, complete in place. SY 17,820 $ $

BID FORM

an individual proprietorship/ a corporation organized

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ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

B 7. 7-inch reinforced concrete pavement, complete in place. SY 3,680 $ $

B 8. 3-inch Type "D" Hot Mix Laid Asphalt Concrete, complete in place as per TxDOT Specification 334. SY 705 $ $

B 9. 10-inch HMAC Type "B" Black Base, complete in place. SY 890 $ $

B 10. Manipulation, Grading, and Compaction of 8" subgrade for asphalt pavement. SY 1,081 $ $

B 11. Prime Coat @ 0.35 gal/sy, complete in place. Gal 378 $ $

B 12. Tack Coat @ 0.05 gal/sy, complete in place. Gal 54 $ $

B 13. Concrete curb transition from 2-inch concrete curb to 6-inch concrete curb, complete in place. LF 10 $ $

B 14. 6-inch concrete curb, complete in place. LF 3,820 $ $

B 15. 4-inch by 12-inch concrete curb, complete in place. LF 7,385 $ $

B 16. 24'' Thermoplastic Soild White Stop Line, complete in place. See Signing and Pavement Marking Plan Sheet 6 and

Pavement Marking Detail Sheet 33 of the construction plans. LF 156 $ $

B 17. 5-foot by 5-foot (4.5-inch thick) landing pad for wheelchair ramp, complete in place as directed by Engineer.

EA 14 $ $

B 18. Wheelchair ramps, complete in place according to detail.

EA 15 $ $

B 19. Proposed type III barricade, complete in place. EA 3 $ $

B 20. Removal and disposal of type III barricade, complete in place. EA 2 $ $

B 21. R1-1 Stop Sign & Street Name Sign, per Fort Bend County

Detail, including square post & anchor sleeve/stub, complete in place. EA 8 $ $

B 22. Two Name Street Sign, per Fort Bend County Detail, including square post & anchor sleeve/stub, complete in place. EA 3 $ $

B 23. R2-1 "30" Speed Limit Sign, See Signing and Pavement

Marking Plan Sheet 6, per Fort Bend County requirements, including post and all necessary appurtenances, complete in place. EA 1 $ $

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B 24. R5-1A Wrong Way Sign, See Signing and Pavement Marking

Plan Sheet 6, per Fort Bend County requirements, including post and all necessary appurtenances, complete in place.

EA 1 $ $

B 25. R4-7B Keep Right Sign, See Signing and Pavement Marking

Plan Sheet 6, per Fort Bend County requirements, including post and all necessary appurtenances, complete in place.

EA 1 $ $

B 26. Blue reflectorized traffic buttons at each flushing valve, as per detail, complete in place. EA 14 $ $

B 27. White reflectorized traffic buttons Type I-C, complete in place. EA 8 $ $

B 28. Yellow reflectorized traffic buttons Type II A-A, complete in place, as per detail on Sheet 34. EA 403 $ $

B 29. Reflective Pavement Markings Type I, 4-Inch Thermoplastic

Dashed White, (100 mil), complete in place, as per TXDOT

Specifications 666, including surface preparation as per

TXDOT Specs. 678. LF 145 $ $

B 30. Reflective Pavement Markings Type I, 4-Inch Solid Yellow, (100 mil), complete in place, as per TXDOT Specifications

666, including surface preparation as per TXDOT Specs. 678.

LF 290 $ $

B 31. Reflective Pavement Markings Type I, 4-Inch Solid White, (100 mil), complete in place, as per TXDOT Specifications

666, including surface preparation as per TXDOT Specs. 678.

LF 425 $ $

B 32. Reflective Pavement Markings Type I, 2-4-Inch Solid White, (100 mil), complete in place, as per TXDOT Specifications

666, including surface preparation as per TXDOT Specs. 678.

LF 150 $ $

B 33. Reflective "Only" Pavement Markings Type I, Complete in

Place, as per TxDOT Specifications 666, including Surface

Preparation as per TxDOT Specs. 678. EA 4 $ $

B 34. 6-inch PVC schedule 40 irrigation sleeves, complete in place, as directed by Engineer. LF 370 $ $

B 35. 13'X8'X8" Concrete mailbox pad with #3 bars at 15"

O.C.E.W. or equal, on 2" bank sand bedding (as directed by

Engineer, location TBD), complete in place. EA 1 $ $

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B 36. 14'X8'X8" Concrete mailbox pad with #3 bars at 15"

O.C.E.W. or equal, on 2" bank sand bedding (as directed by

Engineer, location TBD), complete in place. EA 1 $ $

B 37. 17'X8'X8" Concrete mailbox pad with #3 bars at 15"

O.C.E.W. or equal, on 2" bank sand bedding (as directed by

Engineer, location TBD), complete in place. EA 1 $ $

B 38. 28'X8'X8" Concrete mailbox pad with #3 bars at 15"

O.C.E.W. or equal, on 2" bank sand bedding (as directed by

Engineer, location TBD), complete in place. EA 1 $ $

B 39. Hydro-mulch seeding in R.O.W as directed by Engineer.

Contractor to ensure growth of vegetation by whatever means necessary including re-seeding or water at no separate pay, as directed by Engineer. AC 2.40 $ $

B 40. Paving and grading construction staking to be performed by

Quiddity Engineering LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor. LS 1 10,000.00$ 10,000.00$

B 41. As-Built Topographic Survey to be performed by Quiddity Engineering, LLC. As-built to be performed one time only. All additional topographic surveys due to non-conformance with the grading plan is at the expense of the contractor. LS 1 4,000.00$ 4,000.00$

B 42. Allowance for cement stabilized sand backfill (CSS). If CSS is not encountered at finished grade along utility crossings, contractor to excavate a max depth of 18-inches and determine presence of CSS. If CSS is encountered within a depth of 18-inches, contractor to backfill utility crossing with CSS at minimum 2 sack/CY up to finish grade. Quantity and location to be verified by Engineer.

CY 500 $ $

B 43. Haul, spread, and compact excess excavation material onto adjacent future section, as directed by Engineer. No adjustment to price based on variance of actual quantities.

CY 6,280 $ $

SUMMARY BASE BID (UNITS A & B) $

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1.

2.

Early Completion

Bonus (per day)

Late Completion

Penalty (per day)

None Yes - $1500/day

Days

Completion of Paving Facilities in

Brookewater Section Twenty

Total Contract Period of Performance

The undersigned Bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of

Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the

Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts above and below.

The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner/Engineer shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above.

SUBSTITUTIONS: If necessary, attach detailed explanation to proposal.

(Add) (Deduct)

It is understood and agreed that the work shall be complete in full within total contract period of performance as specified below after the date on which work is to be commenced as established by the Contract Documents.

Estimated Mobilization Date =

It is understood that the Bidder shall specify the number of calendar days for each stage of work in the table below. The

Completion Time includes rain days.

(Add) (Deduct)

Description

Calendar

Days to

Complete

Maximum Calendar

Days to Complete

(Completion time not to exceed 60 calendar days)

COMPLETION TIME FRAME TABLE

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Date

Signed

By

SEAL (if Bidder is a Corporation)

Acknowledge receipt of Addenda Below:

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(Address)

(Telephone Number)

Addendum No. _______ _______ _______ _______ _______

Date Received _______ _______ _______ _______ _______

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

It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the

It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement.

The award may be made on the Base Bid alone or the Base Bid, Completion Time specified, and any or all of the Items listed under Alternates or Substitutions, if any.

The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for 90 days following date of bid opening.

Contractor must mobilize within 10 calendar days from the date of the written Notice to Proceed. If the Contractor mobilizes prior to the 10th day, then the project completion time will start based on the actual mobilization date.

(Title)

(Witness)

(Company)

In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment

Bonds as provided in the Specifications.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

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Version 2025.1

FORT BEND COUNTY MUD NO. 253 CONTRACT

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

The Parties To This Contract Are:

Owner

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253,

a political subdivision of the State of Texas c/o The Muller Law Group, PLLC

202 Century Square Boulevard

Sugar Land, Texas 77478

Contractor

CONTRACTOR, a [STATE] [TYPE OF ENTITY]

[ADDRESS]

Developer

SPUR BROOKEWATER DEVELOPMENT, L.P.,

a Delaware limited partnership

8433 Enterprises Circle, Suite 100

Lakewood Ranch, Florida 34202

THIS CONTRACT (“Contract”) is made and entered into this _______day of __________, 20__, among the Parties, for and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows.

All capitalized terms used herein shall be given the meanings set forth in Article II below.

One fully executed original Contract will be retained by Owner. A certified copy of the fully executed

Contract will be provided to any parties requesting a copy.

CONTENTS

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

ARTICLE I. PRINCIPLE CONDITIONS OF THE CONTRACT

ARTICLE II. DEFINITIONS

ARTICLE III. CONTRACT DOCUMENTS

ARTICLE IV. PRELIMINARY MATTERS

ARTICLE V. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE VI. CONTRACTOR’S RESPONSIBILITIES/ INDEMNITIES

ARTICLE VII. ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE VIII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS

ARTICLE IX. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE X. PRICE FOR WORK/ PAYMENTS TO CONTRACTOR

ARTICLE XI. FINAL COMPLETION AND ACCEPTANCE

ARTICLE XII. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XIII. MISCELLANEOUS

INDEX

ATTACHMENT A

ARTICLE I. PRINCIPAL CONDITIONS OF THE CONTRACT

1.1 SCOPE OF WORK:

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

Construction of Paving Facilities in Brookewater Section Twenty for

Fort Bend County Municipal Utility District No. 253, Fort Bend County, Texas, according to those particular Plans and Technical Specifications prepared by Quiddity Engineering, LLC (“Engineer”) and all Extra Work in connection therewith, under the terms as stated in the Contract, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents, including, the

Invitation to Bidders, Instructions to Bidders, Contractor’s Bid, the Contract, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical

Specifications, on file with Engineer. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

b. Under this Contract and the Contract Documents, Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of the Work as described in the Technical Specifications and as shown on the Plans. The completed installation shall not lack any part that can be reasonably implied as necessary to its proper functioning or any subsidiary item that is customarily furnished, and Contractor shall deliver the installation to Owner in operating condition.

c. The Work, in general, under the Contract includes the purchase, installation, and construction of all structures, equipment, and materials, including appurtenances, as indicated on the Plans.

d. Major items of construction and services required are designated as follows:

i. Repair existing pavement affected.

ii. Roadway cut and embankment.

iii. Roadway stabilization.

iv. Concrete pavement, curb, and wheelchair ramp installation.

v. Street striping and signage.

vi. Furnish and install all subsidiary items as necessary to complete the project.

vii. Perform testing as specified on installed pavement.

viii. Clean-up project area upon completion.

1.2 TIME FOR COMPLETION:

a. The Contractor hereby agrees to begin work within 10 calendar days after Engineer has given written Notice to Proceed. Contractor hereby also agrees to achieve Substantial

Completion of the Work within _________ calendar days after the date of the written

Notice to Proceed and to achieve Final Completion of the Work within 30 calendar days after the date of Substantial Completion.

1.3 SURETY BONDS REQUIRED:

a. It is further agreed by the parties to this Contract that Contractor will execute:

i. a Payment Bond in the sum of 100% of the initial Contract Price, if the initial Contract

Price is $25,000 or more

AND

ii. a Performance Bond in the sum of 100% of the initial Contract Price, if the initial

Contract Price is $100,000 or more

AND

iii. a Maintenance Bond in the amount of 50% of the final Contract Price for the period reflected in Section 9.2 if the maintenance and warranty period is not covered by a

Performance Bond.

for the satisfactory performance of the Work, the fulfilment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the

Work, in accordance with this Contract on the forms provided for this purpose; and it is agreed that this Contract shall not be in effect until such Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor shall 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 work on the Project.

b. All Bonds shall be in the form prescribed by the Contract Documents, except as required otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on

Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570

(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of the agent’s authority to act must accompany all Bonds signed by an agent. Surety must have a minimum Best’s Key Rating of “B+”. 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 the underwriting limitation.

c. For bonds 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. 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.

d. The person executing the Bonds must be authorized by the surety company to execute the

Bonds on behalf of the company in the amount required for the contract and such authorization must be recorded in the files of the Texas Department of Insurance. The

Contract shall not be in effect until such bonds have been provided by the Contractor and accepted by the Owner.

e. If the surety on any Bond furnished by Contractor is declared bankrupt, becomes insolvent, 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 shall promptly notify Contractor, Owner and Engineer and shall, within 10 calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

1.4 CONTRACT PRICE:

a. The Contract Price for this Work is ____________ ($__________). The initial Contract

Price may increase or decrease due to Change Orders and Contract Price Adjustments, described below, as provided by the Contract Documents.

b. Contractor and Owner agree that time is of the essence of this Contract. Therefore, Contractor and Owner agree that for each and every calendar day the Work or any portion thereof is not Substantially Complete after the date provided for in Section 1.2 of this

Contract, or as extended under the provisions of the Contract Documents, the Contract

Price will decrease by $1,500.00 (“Contract Price Adjustment”). This Contract Price

Adjustment is an “economic disincentive” for late completion of the Work, pursuant to

Section 49.271(e), Texas Water Code. The Owner shall have the option to deduct and withhold the Contract Price Adjustment 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 performance bond.

c. Owner agrees to pay Contractor’s invoices for work performed, in accordance with the terms of the Contract Documents, in an aggregate amount not to exceed the Contract Price, plus Change Orders and Extra Work approved by the Board of Directors of the Owner.

Failure by Owner to make such payments to the Contractor shall constitute a default by

Owner and shall entitle the Contractor to all rights and remedies arising under the Contract

Documents for a default in payment of sums due.

1.5 DEVELOPER’S OBLIGATION TO MAKE PAYMENTS FOR THE WORK:

a. Owner (“District”) shall be deemed and considered Owner for all purposes under the

Contract Documents, except for purposes of Payment.

b. SPUR BROOKEWATER DEVELOPMENT, L.P. (“Developer”) shall be considered

“Owner” for purposes of approving requests for and making payments to the Contractor for all or any portion of the Contract Price and for paying all damages, if any, that might ever be due or payable by the District, including any costs associated with any Change

Orders to the Contract. After submission to and approval by the District and by Developer of the invoices, certificates, and supporting documentation in connection with a request for payment, the Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor’s invoices for work performed, in accordance with the terms of the Contract Documents, in an aggregate amount not to exceed the

Contract Price, plus Change Orders and Extra Work approved by the Board of Directors of the District and by Developer. Failure by Developer to make such payments to the

Contractor shall constitute a default by Owner and shall entitle the Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due;

provided, however, the District shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price.

c. In consideration for payment provisions described above, Developer, its officers, directors, and employees, shall be included as Indemnified Parties and subject to all rights afforded thereby under the Contract Documents, in law, and in equity.

d. Developer reserves the right to assign its payment obligations hereunder to District, subject to written acceptance thereof by the District. Developer further reserves the right to assign its obligations hereunder to a third party, subject to written consent of the District. A copy of such assignment and the acceptance or consent thereof, as applicable, by the District shall be provided to the Contractor, and thereafter the District shall be obligated to make all payments thereafter becoming due to the Contractor pursuant to this Contract and the obligations of Developer contained herein.

e. For purposes of convenient administration of this Contract, District may from time to time make payments due the Contractor pursuant to this Contract from funds available to the

District; provided, however, no such payment by District will obligate District to make further payments due the Contractor or pursuant to the Contract unless and until District has accepted an assignment of Developer’s obligations hereunder and a copy of the assignment and the District’s acceptance is delivered to the Contractor, whereupon the

District shall become liable for payment to the extent of the assignment.

1.6 NOTICE TO DEVELOPER:

a. If Owner breaches its obligations in any respect under the Contract Documents, before exercising any remedy the Contractor shall give written notice to Developer at the address above specifying the breach and the steps necessary to cure the breach. Developer shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the

Contract Documents.

1.7 INTERESTED PARTY DISCLOSURE:

a. Contractor acknowledges that an appropriate disclosure of interested parties, as required under Section 2252.908, Texas Government Code, and meeting the requirements of Texas

Ethics Commission Form 1295, has been submitted to the Owner.

ARTICLE II. DEFINITIONS

2.1 DEFINITIONS. The following terms shall be defined as described below, unless such definition is expressly modified by the Contract Documents. Any capitalized terms used in the Contract

Documents not defined in this section shall have the meaning assigned to such term under the

Contract Documents.

a. Actual Field Cost. Includes the cost of all workmen, such as foremen, timekeepers, mechanics, and labourers, and all materials, supplies, teams, trucks, and rentals on machinery and equipment for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred if such equipment or machinery be not already on the job together with all power, fuel, lubricants, water, and similar operating expenses;

also all necessary incidental expenses, incurred directly on account of such Extra Work, including Social Security, Old Age Benefits, and other payroll taxes, and a rateable proportion of premiums on all Bonds and all insurance as may be required by any law or ordinance, or required by Engineer or Owner, or as agreed to by them.

b. Bid. The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

c. Bond(s). Performance bonds, maintenance bonds and payment bonds, or any of them, as required by the Contract Documents.

d. Certificate of coverage. A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, 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.

e. Change Order. A document signed by Contractor, Engineer and Owner and entered into in accordance with the Contract Documents that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the time for completion.

f. Claim. A “Claim” is a claim, demand, or assertion by the Contractor seeking for itself or on behalf of a Subcontractor or supplier: adjustment or interpretation of any Contract term, including without limitation, adjustment of the Contract Price or Contact Time; payment of money; relief from obligations; or other relief or recovery with respect to the terms of the

Contract. The term “Claim” also includes other disputes and matters in question asserted by the Contractor (whether for itself or on behalf of a Subcontractor or supplier) arising out of or relating to the Contract.

g. Contract. The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

h. Contract Documents. In addition to this Contract, the Contract Documents include: the

Invitation to Bidders, Instructions to Bidders, Bid, the Contract, Technical Specifications, Plans, Change Orders, any written amendment to the Contract signed by both Contractor and Owner, Written Work Orders, written interpretations of the Contract or addenda issued by Engineer, and all other documents designated as incorporated by reference. Documents incorporated by reference are Contract Documents, whether attached or not. Approved

Shop Drawings and other Contractor’s submittals, inspections and reports, such as testing of subsurface and physical or environmental conditions, are not Contract Documents.

i. Contract Price. The amount of money stated in the Contract as payable by Owner to

Contractor for timely completion of the Work in accordance with the Contract Documents, plus or minus any increases or decreases to the initial Contract Price agreed to by Owner as provide by the Contract.

j. Contract Time. The number of days or the dates stated in the Contract to achieve Final

Completion, expressed as a number of calendar days or as a reference to the date of Final

Completion. If the Contract Time is measured by calendar days, each and every calendar day shall be counted against the Contract Time. Also includes “duration of the project.”

k. Contracting Information. The following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:

i. Information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;

ii. Solicitation or bid documents relating to a contract with a governmental body;

iii. Communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;

iv. Documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and

v. Communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

l. Contractor Parties. The Contractor, Subcontractor, supplier and their respective agents, representatives or employees, or any of them.

m. Engineer. The design consultant so identified in the Contract, or such other firm that Owner may designate, is herein called Engineer and is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the

Contract Documents in connection with completion of the Work in accordance with the

Contract Documents.

n. Extra Unit Price Items. All extra unit price items or alternate unit price items so specified in the Bid.

o. Extra Work. All work that may be required by Engineer or Owner to be done by Contractor to accomplish any change, alteration, or addition to the Work shown upon the Plans, implied by the Technical Specifications, or otherwise within the Contract Documents and not covered by Contractor’s Bid. Notwithstanding the foregoing, Extra Unit Price Work required by Engineer or Owner as described herein is not included in the definition of Extra

Work.

p. Final Completion. The date on which the entire Work or an agreed portion thereof is complete in strict conformance with the Contract Documents. If any governmental entity has jurisdiction to approve or accept Contractor’s work on the Project, or any portion thereof, Final Completion is not achieved unless and until written approval or acceptance of the entity is received.

q. Force Majeure. Fire, flood, or act of God, earthquakes, hurricanes, tornadoes, epidemics, war, riot, civil disturbance, sabotage, terrorism, governmental or judicial restraint but only to the extent such event (i) is beyond the control of and cannot be reasonably anticipated by, or the effects alleviated by, the Contractor and (ii) prevents the performance of the Work.

Events not specifically listed herein shall not constitute events of Force Majeure.

r. Hazardous Environmental Condition. The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Contaminants, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

s. Indemnified Parties. Owner, Engineer, and the officers, directors, employees, agents, and representatives of each such party.

t. Laws and Regulations. Any and all applicable federal, state and local laws, rules, regulations, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction and any and all rules of common law pertaining to the Contractor’s services, the Site, Contractor’s employees and Subcontractor’s employees and/or the Work, and those of any other governmental entities with jurisdiction, including, without limitations all applicable laws of the State of Texas, Chapter 411 of the Texas Labor Code, Title VII

(Equal Employment Opportunity) of the Civil Rights Act of 1964, The Occupational Safety and Health Act of 1970, The National Environmental Policy Act, The Federal Water

Pollution Control Act, The Clean Air Act, The Clean Water Act, The Toxic Substance

Control Act, The Resource Conservation and Recovery Act, and all amendments thereof.

The agencies charged with the administration and enforcement of the Laws and Regulations include, but are not limited to, the Department of the Interior, the Equal Employment

Opportunity Commission, the Occupational Safety and Health Administration, the

Environmental Protection Agency, the U.S. Corps of Engineers, the National Fire

Protection Association, the U.S. Geological Survey, the Minerals Management Service, the

Texas Commission on Environmental Quality, the county in which the Owner is located, and the municipality, as applicable, in whose corporate or extraterritorial jurisdiction the

Owner is located. Certain of the specific regulations that may be applicable to the Work are the Occupational Safety and Health Construction and General Industry Standards (29 CFR

Part 1926 and 1910), and various environmental regulations.

u. Notice to Proceed. A written notice given by or on behalf of Owner to Contractor fixing the date on which the Contract…