Contract Documents and Specifications (2).pdf

BID AND CONTRACT DOCUMENTS,

AND SPECIFICATIONS

FOR

Sonterra Municipal Utility District

Phase 1 Drainage Maintenance Improvements

Williamson County, Texas

July 2026

PREPARED FOR:

Sonterra Municipal Utility District

113 Limestone Terrace

Jarrell, Texas 76537

PREPARED BY:

Jones - Herny & Associates, Inc.

2204 South Hwy 281, Suite D

Lampasas, Texas 76550 512-556-2300 Office www .j ones-heroy. corn

TBPELS Registered Firm F-006320 i

SONTERRA MUNICIPAL UTILITY DISTRICT

CONTRACT DOCUMENTS AND SPECIFICATIONS

PHASE 1 DRAINAGE MAINTENANCE IMPROVEMENTS

TABLE OF CONTENTS

Document Number Title Contract Documents

Pre-Bid Information Advertisement for Bids

Instructions to Bidders Instructions to Bidders Order Adopting Minimum Criteria for the Qualification of Bidders on District Projects

Bid Forms Bid Form Certificate of Interested Parties – Form 1295

Conflict of Interest Questionnaire – Form CIQ

Contract Documents Contract for Construction of a Small Project (EJCDC® C-522) Payment Bond.

Performance Bond.

Addenda, if any Exhibits to the Contract, refer to Contract Section 2.02 for full list Exhibit A – Prevailing Wage Rate

Owners Forms Texas Sales and Use Tax Exemption

Notice to Proceed (EJCDC® C-550).

Work Change Directives (EJCDC® C-940).

Change Orders (EJCDC® C-941).

Field Orders (EJCDC® C-942).

Application for Payment (EJCDC® C-620).

Shop Drawing Submittal Request for Information (RFI)

Technical Specifications

See Specifications Section

ADVERTISEMENT FOR BIDS

SONTERRA MUNICIPAL UTILITY DISTRICT

WILLIAMSON COUNTY, TEXAS

PHASE 1 DRAINAGE MAINTENANCE IMPROVEMENTS

General Notice

Sonterra Municipal Utility District (Owner) is requesting Bids for the construction of the following Project:

PHASE 1 DRAINANGE MAINTENANCE IMPROVEMENTS

Bids for the construction of the Project will be received at the office of Jones-Heroy & Associates, Inc., located at 2204 South Hwy 281, Suite D, Lampasas, Texas 76550, until Tuesday, August 11, 2026 at 2:00 p.m. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Construction repair of Section 8-I drainage channel, Section 12 detention pond at Turquoise Way, and Section 12B detention pond at Woodpecker Run.

Bids are requested for the following Contract:

Phase 1 Drainage Maintenance Improvements

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

www.CivcastUSA.com

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Pre-bid Conference

A non-mandatory pre-bid conference for the Project will be held on Thursday, July 30, 2026 at 2:00 p.m. at the District Office, 113 Limestone Terrace, Jarrell, Texas 76537. Attendance at the pre-bid conference is encouraged but not required.

Instructions to Bidders.

Each Bid must be accompanied by a bid deposit in the form of a cashier’s or certified check or bid bond in the amount of five percent (5%) of the total amount bid.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: Sonterra Municipal Utility District By: Dr. Michael Cosimeno Title: Board President Date: July 23, 2026

Advertise: Sunday, July 26, 2026 & Sunday, August 2, 2026

INSTRUCTIONS TO BIDDERS

(SMALL CONTRACT)

1.01 BIDDING DOCUMENTS. Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use.

Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.01 PREPARATION OF BIDS. Unless otherwise directed in the Advertisement or Invitation to Bidders, each Bid shall be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these instructions, and the instructions printed on the bid form.

All blanks on the bid form shall be completed, typed, or written in ink, and no change shall be made on the bid form or any other of the Contract Documents. All amounts shall be written in figures, with amounts extended and totaled. If the bidder chooses not to bid on optional items (if any), “No Bid” shall be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if any of the prices are obviously unbalanced; or if it shall, in any manner, fail to conform to the conditions of the Invitation to bidders and these instructions.

The bidder shall sign its Bid in the signature space. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas shall be provided in accordance with the paragraph entitled QUALIFICATIONS OF BIDDERS. State Contractor license number, if any, must also be shown.

The Bid and the Bid Security must be enclosed in a sealed envelope, plainly identified on the outside with the contents (i.e. Bid or Bid Security), the bidder’s name, and the job name and number, and addressed to the Owner as prescribed in the Invitation to Bidders.

3.01 CONTRACT DOCUMENTS. Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request for such information to Engineer not less than 7 calendar days before the Bid opening. Answers to these requests will be given, in writing, to all bidders as addenda to the Contract, and each addendum will be made a part of the Contract. No explanation or interpretation of the Contract, other than written addenda, shall be binding.

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

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

4.01 PRE-BID CONFERENCE. A pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the time and place shown in the Invitation to bidders.

5.01 BID SECURITY. Each Bid shall be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than 5 percent of the total amount bid (the “Bid Security”), 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 7 days after the date Contract Documents are received by the Contractor.

Bid Securities will be returned to all but the three most qualified, responsible bidders within 5 days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract. The surety company providing a bid bond must conform to the same requirements for surety companies providing the performance bonds, maintenance bonds and/or payment bonds described below.

6.01 BONDS. The Successful Bidder must furnish Payment and Performance Bonds in the amount of one hundred percent (100%) of the total contract price from a surety company holding a permit from the state of Texas in which the Project is located to act as surety. The surety must have a US Treasury Department rating sufficient for the bond amounts. The surety company must have a minimum Best Key Rating of “A” or better. Bidder must provide a copy of the bonding or surety company’s Best Key Rating with the Bid. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If Bidder's proposed surety company, agency, or agent does not meet the aforementioned requirements, then the Bidder's Bid and Bid security will be returned and the Bid will not be considered. Contractor shall provide, at no additional cost to Owner, a maintenance bond or bonds satisfactory to all governing entities having jurisdiction over the Property.

Said maintenance bond(s) shall be renewed and extended by Contractor, at Contractor's expense, as necessary until all governing entities having jurisdiction over the Project have released said maintenance bond(s) and have delivered to Owner a written letter of acceptance for all the Work. A maintenance bond to Sonterra MUD will be required in the amount of ten percent (10%) of the contract and is to remain in force for a period of one (1) year following the date of final acceptance by Sonterra MUD.

7.01 DELIVERY OF BIDS. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to bid and must be enclosed in a plainly marked package with the Project title, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

8.01 QUALIFICATIONS OF BIDDERS. Bidder must comply with the Order Adopting Minimum Criteria for the Qualification of Bidders on District Projects (“the Order”), as adopted by the Sonterra Municipal Utility District Board of Directors. A full and complete copy of the Order is included with the Instructions to Bidders. The Affidavit of Bidders’ Qualifications (Exhibit A, to the Order) must be submitted on or before the bid opening.

The Affidavit of Bidder’s Qualifications must be provided OUTSIDE of the sealed bid envelope.

Within three days of the Bid opening, the Statement of Bidder’s Qualifications (Exhibit B, to the Order) along with any other information deemed necessary to demonstrate the bidder’s ability to perform the work on which it has bid satisfactorily and within the designated time must be submitted to the Engineer.

Statements of Qualification will be evaluated and subject to approval by the District’s engineer. If the bidder fails to furnish the required information, that bidder will be deemed not to be qualified and its bid will be rejected.

Bidder is to provide a list of proposed subconsultants and a list of proposed suppliers with the bid.

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

Thereafter, that bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

10.01 OPENING OF BIDS. Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids by posting on the website noted in the Advertisement or Invitation to Bidders..

11.01 BY SUBMITTING A BID, EACH BIDDER AGREES TO FULLY AND FOREVER

WAIVE AND RELEASE ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE

AGAINST THE OWNER, ENGINEER, DEVELOPER AND THEIR RESPECTIVE

ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS

ARISING OUT OF OR IN CONNECTION WITH THE: (I) ADMINISTRATION,

EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (II)

WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE

CONTRACT DOCUMENTS; AND (III) ACCEPTANCE OR REJECTION OF ANY BIDS

AND AWARD OF THE CONTRACT.

12.01 Texas Government Code Section 2252.908 (“Section 2252.908”) requires disclosure of certain matters by contractors entering into a contract with a local government entity such as the District. The Bidder must review Section 2252.908 and, if Bidder is awarded a contract, 1) complete FORM 1295, using the unique identification number assigned by the District, and electronically file it with the Texas Ethics Commission (“TEC”); and 2) submit to the District the signed and notarized Form 1295, including the certification of filing number of the Form 1295 with the TEC, at the time the bidder executes and submits the contract to the District. Any contract award is not effective until the requirements listed above are satisfied and any award of a contract by the District is expressly made contingent upon compliance with such requirements.

13.01 The bidder acknowledges that Texas Local Government Code Chapter 176 (“Chapter 176”) requires the disclosure of certain matters by contractors doing business with or proposing to do business with local government entities such as the District. The bidder confirms that it has reviewed Chapter 176 and, if it is required to do so, will complete and return FORM CIQ promulgated by the TEC, which is available on the TEC website at https://www.ethics.state.tx.us/forms/conflict/FORM CIQ, within seven days of the date of submitting a signed contract to the District or within seven days of becoming aware of a matter that requires disclosure under Chapter 176, whichever is applicable.

14.01 In accordance with Chapter 2270, Texas Government Code, Contractor hereby represents and warrants that Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement.

15.01 AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

Alternate bid items will not be considered unless requested in the Bid Form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

If the contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the contract is to be awarded, Owner will give the successful bidder a notice of award within sixty (60) days after the day of the Bid opening.

https://www.ethics.state.tx.us/forms/conflict/FORM%20CIQ

Within 10 calendar days of receipt from the Owner of the Notice of Award, the successful bidder must submit to the Engineer the original Bonds and all information or other items necessary to complete the Contract Documents, including the Schedule of Completion and Contractor’s safety program. The successful bidder must return the fully executed Contract Documents to Engineer within 7 calendar days of receipt, or Owner may at its sole discretion disqualify the bid and accept another bid and the bidder shall, at Owner’s option, forfeit its bid security.

16.01 TAXES, LICENSES AND FEES. Certain taxes, licenses, fees and other similar items are part of the cost of the Work and it shall be Contractor’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to the same. The prices, sums, rates and other charges set forth in the Contractor’s Bid shall cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas.

Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and 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 Used 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 § 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 the Contract Price, 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. Contractor must pay taxes on items that are not exempt.

17.01 NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least three original sets for signature, one for delivery to the successful bidder. Owner will furnish the successful bidder two printed sets of Plans and Technical Specifications and one copy in electronic format (via email link) free of charge. Additional sets may be obtained from Engineer at Engineer’s cost of reproduction. The successful bidder shall provide three signed originals of each of the Bonds to be bound with the Contract Documents.

18.01 WORKER’S COMPENSATION INSURANCE. See Article 6 – Bonds and Insurance of the Contract.

19.01 SOILS REPORT. If a soils investigation has been made for this project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the character of the materials to be encountered.

Owner and Engineer disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner and Engineer further disclaim responsibility for interpretation of that data by bidder, i.e.

projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or underground facilities.

20.01 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

A. General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall ascertain 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 minimum wage rates which shall be paid for each type of worker. This statute further provides that the Contractor or subcontractors shall pay, as penalty, to Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract.

B. The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the accrual per diem wages paid to each worker.

These records are open to the inspection of Owner.

C. The minimum wage rates that apply to this Contract are specified in Exhibit A (Prevailing Wage Rate) to the Contract. Contractor and subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Sonterra Municipal Utility District Attn: Dr. Michael Cosimeno, President, Board of Directors C/O Jones-Heroy & Associates, Inc.

2204 South Hwy 281, Suite D Lampasas, Texas 76550

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—ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement and Affidavit with supporting data;

G. Present Commitments;

H. A.M. Best’s rating of Bonding company providing the required bonds and the insurance company covering the project;

I. Conflict of Interest Questionnaire – Form CIQ.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item No.

Description Unit Estimated Quantity

Unit Price Extended Price

Section 8-I Drainage Channel

1 Clear, haul off, and final grade LS 1 $ $

2 Grouted Rock Rip Rap (6” – 12” Dia.)

Min. 1’ Deep

SY 433

3 Temporary Irrigation Installation LS 1 $ $

4 Rock Check Dam EA 1 $ $

5 Revegetation and Erosion Control Mat SY 8712 $ $

6 Stabilized Construction Entrance EA 1 S S

7 Restore Existing Sidewalk SY 91 S S

Section 12 Detention Pond, Turquoise Way

8 Clear, haul off, and final grade LS 1 $ $

9 Rock Rip Rip (6”-12” Dia.) Min. 1’ Deep SY 125 $ $

10 Concrete Trickle Channel SY 369 $ $

11 Rock Check Dam EA 1 $ $

12 Revegetation and Erosion Control Mat SY 4620 $ $

13 Stabilized Construction Entrance EA 1 $ $

Section 12B Detention Pond, Woodpecker Run

14 Clear, haul off, and final grade LS 1 $ $

15 Concrete Trickle Channel SY 216 $ $

16 Rock Check Dam EA 1 $ $

17 Revegetation and Erosion Control Mat SY 1807 $ $

18 Stabilized Construction Entrance EA 1 $ $

19 Restore Existing Rip Rap SY 32 S S

Miscellaneous Items – All Locations

20 Mobilization LS 1 $ $

21 Payment, Performance, & Maintenance Bonds

LS 1 $ $

Total of All Lump Sum and Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3.02 Total Bid Price (Lump Sum and Unit Prices)

Total Bid Price (Total of all Lump Sum and Unit Price Bids) $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete within 180 days after the Effective Date of the Contract and will be completed and ready for final payment within 210 days after the Effective Date of the Contract.

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

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6. 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 the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. 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.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

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

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. 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.

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

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. 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 artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

c. 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.

d. 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 execution of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature) Name:

(typed or printed) Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable) stacyb Typewritten Text C-455

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (5/10/2024).

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between Sonterra Municipal Utility District (Owner) and [Legal name of Contractor] (Contractor). Owner and Contractor hereby agree as follows:

ARTICLE 1—THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Phase 1 Drainage Maintenance Improvements which consists of Construction repair of Section 8-I drainage channel, Section 12 detention pond at Turquoise Way, and Section 12B detention pond at Woodpecker Run,.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located in Sonterra Municipal Utility District Section 8-I, Section 12, and Section 12B.

ARTICLE 2—CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with Owner and Engineer. This Contract constitutes the entire agreement between Owner and Contractor, and supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work under the Contract Documents. During the performance of the Work and until final payment, Contractor and Owner shall submit to Engineer all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

C. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media versions) prepared by Engineer or its consultants.

D. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (5/10/2024).

(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

E. Nothing in the Contract Documents creates any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity.

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract for Construction of a Small Project.

2. Performance bond.

3. Payment bond.

4. Specifications as listed in the Specifications Table of Contents.

5. Drawings as listed on the Drawing Sheet Index.

6. Addenda.

7. Exhibits to this Contract (enumerated as follows):

a. Exhibit A – Prevailing Wage Rate.

b. Exhibit B – Certificate of Interested Parties, Form 1295.

c. Exhibit C – Conflict of Interest Questionnaire, Form CIQ.

d. Exhibit D – Contractor’s List of Subconsultants and Suppliers.

8. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Notice to Proceed (EJCDC® C-550).

b. Work Change Directives (EJCDC® C-940).

c. Change Orders (EJCDC® C-941).

d. Field Orders (EJCDC® C-942).

ARTICLE 3—ENGINEER

3.01 Engineer

A. The Engineer for this Project is Jones-Heroy & Associates, Inc.

ARTICLE 4—CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially complete within 180 days after the Effective Date of the Contract and completed and ready for final payment within 210 days after the Effective Date of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (5/10/2024).

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay in completion (but not as a penalty) Contractor shall pay Owner $500.00 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times or Contract Price.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or its subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit it to Engineer for review and comment before starting Work on the Site. Contractor shall modify the schedule in accordance with Engineer’s comments.

B. Contractor shall update and submit the progress schedule to Engineer each month. Owner may withhold payment if Contractor fails to submit the schedule.

ARTICLE 5—CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor, in accordance with the Contract Documents, at the following unit prices for each unit of Work completed:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (5/10/2024).

Item No.

Description Unit…