Contract For Bidding Purposes (20260612).pdf

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

Proposed Excavation, Grading, and Storm Water Facilities to Serve Brookside on the Prairie Detention

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

Project #: 22-009-101-DST

Odyssey Engineering Group, LLC. | TBPE F-17637 |10195040

2500 Tanglewilde Street, Suite 300

Houston, Texas 77063

July 2026

Owner:

Engineer:

KB Home Lone Star, Inc. For the Benefit of

Fort Bend County Municipal Utility District No. 162

06/12/2026

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES

TO SERVE BROOKSIDE ON THE PRAIRIE DETENTION

TABLE OF CONTENTS

INVITATION TO BIDDERS

INSTRUCTION TO BIDDERS

DEFINITION OF TERMS

ACKNOWLEDGEMENT OF BIDDERS

BID PROPOSAL

CONTRACT

GENERAL CONDITIONS TO THE CONTRACT

ATTACHMENT A – INSURANCE REQUIREMENTS

ATTACHMENT B – MINIMUM WAGE RATE SCALE

ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT

SPECIAL CONDITIONS OF THE CONTRACT PART A

SPECIAL CONDITIONS OF THE CONTRACT PART B

TEXAS SALES USE AND TAX EXEMPTION CERTIFICATE

PERFORMANCE BOND

JOINT OBLIGEE RIDER TO PERFORMANCE BOND

PAYMENT BOND

JOINT OBLIGEE RIDER TO PAYMENT BOND

MEMORANDUM

EXHIBIT A

EXHIBIT PLATT BOUNDARY

MAINTENANCE BOND

W-9 FORM

TECHNICAL SPECIFICATIONS

GEOTECHNICAL REPORT

SAMPLE FORMS - AFFIDAVIT OF BILLS PAID,

WAIVER AND RELEASE OF LIEN UPON PARTIAL

AND FINAL PAYMENT, LETTER OF GUARANTOR,

AND REQUEST FOR ADDITIONAL TIME

BLANK TCEQ NOTICE OF INTENT AND NOTICE

OF TERMINATION FORM

Projects/22-009-101/Project/Construction/DST/Contracts/Original Documents/003_ Invitation to Bidders Electronic and Paper Bids Electronic Signatures Option and.docx

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162 Dates: June 14, 2026 and June 21, 2026

INVITATION TO BIDDERS

Sealed Bids addressed to Odyssey Engineering Group, LLC, Attention: President, Board of Directors of Fort Bend County Municipal Utility District No. 162, will be received electronically using the CivCast

USA website (www.CivCastUSA.com)or at the office of Odyssey Engineering Group, LLC, 2500 Tanglewilde Street, Suite 300, Houston, Texas 77063 until 10:00 a.m. Local Time, July 7, 2026, and then publicly opened and read at the office of Odyssey Engineering Group, LLC, 2500 Tanglewilde Street, Suite

300, Houston, Texas 77063 for the following project:

KB Home Lone Star, Inc for the Benefit of Fort Bend County

Municipal Utility District No. 162, Fort Bend County, Texas

Proposed Excavation, Grading, and Storm Water Facilities to

Serve Brookside on the Prairie Detention

Odyssey Project No.: 22-009-101-DST

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, follow the instructions that will be uploaded to

CivCast.

Scope of Work of the Contract Documents includes the following: Excavation of approximately 106,000 cubic yards and placement of approximately 284 linear feet of storm sewer ranging from 36-Inch to 60-

Inch RCP.

The above-described construction will be performed in accordance with plans and specifications and any addenda thereto which may be issued prior to the opening of bids. Plans, specifications and bid documents may be viewed and downloaded free of charge or the option to purchase hard copies on the CivCastUSA Website (www.CivCastUSA.com): search 22-009-101-DST. Bidders must register on this website to view and/or download specifications, plans, soils report, and environmental reports for this

Project.

Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held remotely via Microsoft Teams or in-person on June 30, 2026, at 10:00 a.m. Local Time, at the offices of Odyssey Engineering Group, LLC, 2500 Tanglewilde Street, Suite 300, Houston, Texas 77063.

Instructions for call-in and for remote meetings are available at www.CivCastUSA.com.

Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Owner’s Order Adopting Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.civcast.com. Bidder must register on this website to submit a Bid and Bid Security and there is no charge to submit Bids and Bid Securities on this website.

http://www.civcastusa.com/

Projects/22-009-101/Project/Construction/DST/Contracts/Original Documents/003_ Invitation to Bidders Electronic and Paper Bids Electronic Signatures Option and.docx

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts, if adopted by the District.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

KB HOME LONE STAR, INC. FOR THE BENEFIT OF INSTRUCTIONS TO

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 162 BIDDERS

Developer for the Benefit of District Instructions to Bidders Page 1 of 7 September 2025

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form.

See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No

Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

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

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of

Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State contractor license number, if any, must also be shown.

The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com system such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the

Contract Documents, other than written addenda, is binding.

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

4935-7613-0649 v.1

Developer for the Benefit of District Instructions to Bidders Page 2 of 7 September 2025

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

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

Bidders or as modified by written addenda

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid

Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required

Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of

Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The Payment Bond form must comply with the

Requirements of Subchapter I of Chapter 53 of the Texas Property Code. 1) if the District will own any part of the facilities being constructed insert: The successful bidder must also provide a two-year (2)

Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements that will be owned by FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 162; The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the

Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the

Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the

Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, 4935-7613-0649 v.1 4935-7613-0649 v.1

Developer for the Benefit of District Instructions to Bidders Page 3 of 7 September 2025 agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required

Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change

Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the

Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical

Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested

“or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value;

however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract

Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by

Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

Developer for the Benefit of District Instructions to Bidders Page 4 of 7 September 2025

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the

Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices;

(v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay;

and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

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

Bid Security will be returned.

13. INTENTIONALLY DELETED.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid.

Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the Bid opening. Alternate bid items will not be considered unless requested in the bid form.

Developer for the Benefit of District Instructions to Bidders Page 5 of 7 September 2025

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

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

Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE,

AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK AS

OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE,

SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND

ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO

PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND

EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER

AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR

UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER AND ENGINEER AND THEIR

RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS

(“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1)

ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY

BID; (2) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE

CONTRACT DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD

OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid

(without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

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

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty

(60) days after the day of the Bid opening. All bidders must honor their Contract Price on the bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner after notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and

Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract.

The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set

Developer for the Benefit of District Instructions to Bidders Page 6 of 7 September 2025 forth in the bidder’s Bid must cover and include all such costs. If this Contract is for construction of a water or wastewater system, certain tax exemptions under Tax Code 151.355 may apply. If the improvements under this Contract will be owned by a governmental entity that is not the District, Tax Code 151.309 may apply. Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to any exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provisions. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least three (3) original sets for signature, one (1) available to the successful bidder. Owner will furnish the successful bidder six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract.

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

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

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: The public improvements being constructed under this Contract will be owned, operated, and maintained by a governmental entity. Since the public improvements being constructed under this Contract will be owned by a governmental entity, Chapter 2258 of the Texas Government Code applies to this Contract. Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the

Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

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

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

Developer for the Benefit of District Instructions to Bidders Page 7 of 7 September 2025

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the

General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. LIQUIDATED DAMAGES. The Contractor and the Owner agree that with regard to all dates, time periods, and deadlines set forth or referred to in this Contract, time is of the essence. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach is incapable or very difficult of ascertainment.

Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the terms of the Contract (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the

Contract Documents), Contractor shall be liable to Owner for liquidated damages in the amount of $500 for each such calendar day, which sum the parties agree is a reasonable forecast of just compensation for the damages the Owner will sustain per day that the Work remains uncompleted. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s Bond.

MUNICIPAL UTILITY DISTRICT NO. 162 DEFINITION OF TERMS

III

DEFINITION OF TERMS

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

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

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

3. SUPERINTENDENT: The authorized representative of the Contractor.

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

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

Engineer.

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

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

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

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

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

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

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

MUNICIPAL UTILITY DISTRICT NO. 162 ACKNOWLEDGEMENT OF BIDDERS

ACKNOWLEDGEMENT OF BIDDERS

The Contractor acknowledges that they have carefully read and reviewed the Bidding Documents, Construction Plans, General Conditions, Special Conditions, Technical Specifications and other documents identified within the Bidding Documents. The Contractor agrees to complete the work described by the construction plans and these Bidding Documents and commits, upon Award of the Contract, to enter into the Agreement and provide the requesting documents as presented and described herein.

Further, the Contractor acknowledges and agrees that time is of the essence for this contract and a failure to perform, as described within the General and Special Conditions, could result in the Owner assessing liquidated damages, the nature of which are described within the General and Special Conditions of the Bidding Documents. In addition, Contractor acknowledges Subchapter J, Chapter 552, Government Code, which may apply to this contract and agrees to its terms.

Contractor acknowledges the following Addendum:

Pre-bid Agenda_________ Addendum No._________ Addendum No._________

Addendum No._________ Addendum No._________ Addendum No._________

By signing below, the Contractor indicates that they submit the enclosed bid form for the following project:

Proposed Excavation, Grading, and Storm Water Facilities to Serve Brookside on the Prairie Detention

BIDDER INFORMATION

Firm

Address

City, State, Zip

Phone Number & Email Address

Name - Printed

Signature

Attest Signature

SURETY INFORMATION

Firm

Address

City, State, Zip

Phone Number & Email Address

Seal, if Corporation

BID PROPOSAL

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT

A1. Heavy Clearing and Grubbing, Including Root

Raking, Removal and Disposal of Trees, Brush, Debris, Fences, Rubbish, and All Other

Objectionable Material per Plans and

Specifications (Final Acceptance of Clearing and Grubbing is as Determined by Engineer)

AC 9 $____________ $____________

A2. Light Clearing and Grubbing, Including Root

Raking, Removal and Disposal of Trees, Brush, Debris, Fences, Rubbish, and All Other

Objectionable Material per Plans and

Specifications (Final Acceptance of Clearing and Grubbing is as Determined by Engineer)

AC 50 $____________ $____________

A3. Clean and Demuck Existing Swale LF 2,752 $____________ $____________

A4. Clean and Demuck Existing Pond LS 1 $____________ $____________

A5. Removal and Disposal of Existing Gravel Road LF 1,156 $____________ $____________

A6. Removal and Disposal of Existing Wood bridge LS 1 $____________ $____________

A7. Removal and Disposal of Exisiting Trash

Including Rubber Car Tires

LS 1 $____________ $____________

A8. Remove and Disposal of Exisiting Metal Farm

Gate

LS 1 $____________ $____________

TOTAL CLEARING, GRUBBING, AND SITE PREPARATION: $____________________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

CLEARING, GRUBBING, AND SITE PREPARATION

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

B1. 60-Inch, CLIII R/G, Reinforced Concrete Pipe

(RCP) Storm Sewer, All Depths, Complete in

Place per Plans

LF 160 $____________ $____________

B2. 36-Inch, CLIII R/G, Reinforced Concrete Pipe

(RCP) Storm Sewer, All Depths, Complete in

Place per Plans

LF 124 $____________ $____________

B3. Standard Type "C" Manhole (48-Inch to 72-

Inch) with Type "E" Inlet Top, Complete in

Place per Plans

EA 2 $____________ $____________

B4. Standard Type "C" Manhole (24-Inch to 42-

Inch) with Type "E" Inlet Top, Complete in

Place per Plans

EA 1 $____________ $____________

B5. 8-Inch Thick Brick Plug in 60-Inch Storm

Sewer, Complete in Place per Plans

EA 1 $____________ $____________

B6. Trench Safety LF 284 $____________ $____________

B7. Trench Dewatering (Means and Methods to be

Determined by Contractor)

LF 71 $____________ $____________

TOTAL STORMWATER COLLECTION SYSTEM: $____________________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

STORMWATER COLLECTION SYSTEM

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

C1. Excavation On-Site Disposal per Plans, Including Spreading and Compaction

(Contractor to Verify Quantities Prior to

Bidding, No Adjustment to Payment Will be

Made Based on Variance of Final Quantities)

CY 61,130 $____________ $____________

C2. Proof Roll Spoil Site AC 39 $____________ $____________

C3. Reinforced Concrete Slope Paving, Complete in

Place per Plans

SY 235 $____________ $____________

C4. Backslope Swale LF 1,850 $____________ $____________

C5. Backslope Interceptor Structure, Complete in

Place per Plans

EA 2 $____________ $____________

C6. Turf Establishment of Detention Basin Bottom, Safety Bench and Side Slopes (Contractor is

Responsible for Achieving a Minimum of 80%

Stabilization such that Notice of Termination can be Submitted to the TCEQ. Contractor is

Responsible for All Maintenance, Including but

Not Limited to Watering, Mowing, Reseeding, and/or Overseeding at Direction of Engineer

Until Project Acceptance)

AC 3.0 $____________ $____________

C7. Hydroturf Weir, Complete in Place per Plans SY 540 $____________ $____________

C8. Pumping of Stormwater Runoff During

Construction, at Direction of Engineer

LS 1 $____________ $____________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

DETENTION BASIN

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

DETENTION BASIN

C9. Dewatering as Necessary for Excavation, at

Direction of Engineer

LS 1 $____________ $____________

TOTAL DETENTION BASIN: $____________________

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

D1. Amenity Basin Excavation On-Site Disposal per Plans, Including Spreading and

Compaction (Contractor to Verify Quantities

Prior to Bidding, No Adjustment to Payment

Will be Made Based on Variance of Final

Quantities)

CY 45,140 $____________ $____________

D2. Dewatering as Necessary for Excavation, at

Direction of Engineer

LS 1 $____________ $____________

Alternate Bid Items

TOTAL AMENITY LAKE: $____________________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

AMENITY LAKE

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

E1. Stormwater Pollution Prevention Plan, Including but Not Limited to Development and

Implementation of SWPPP, Performing Project

Site Inspections, Completing Inspection

Reports, Filing Notices, Posting Permits and

Notices, etc. per TCEQ Requirements

LS 1 $____________ $____________

E2. Stabilized Construction Access, Including

Installation, Maintenance, and Removal

EA 1 $____________ $____________

E3. Concrete Truck Washout Area, Including

Installation, Maintenance, and Removal

EA 1 $____________ $____________

E4. Backslope Interceptor Inlet Protection Barrier, Including Installation, Maintenance, and

Removal

EA 2 $____________ $____________

E5. Storm Sewer Type "E" Inlet Protection Barrier, Including Installation, Maintenance, and

Removal

EA 2 $____________ $____________

E6. Reinforced Filter Fabric, Including Installation, Maintenance, and Removal

LF 7,195 $____________ $____________

E7. Rock Filter Dam (Type II), Including

Installation, Maintenance, and Removal

LF 100 $____________ $____________

E8. Street Cleaning, per SWPPP Requirements and at Direction of Engineer

LS 1 $____________ $____________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

STORMWATER POLLUTION PREVENTION PLAN

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

STORMWATER POLLUTION PREVENTION PLAN

E9. Turf Establishment of Disturbed Areas, Contractor is Responsible for All Maintenance, Including but not Limited to Watering, Mowing, Reseeding, and/or Overseeding at

Direction of Engineer Until Project Acceptance at no additional cost to Owner

AC 11 $____________ $____________

E10. Temporary Low Water Crossing, Including

Culvert, and Installation, Maintenance, and

Removal at Direction of Engineer, Complete in

Place per Plans

LS 1 $____________ $____________

TOTAL STORMWATER POLLUTION PREVENTION PLAN: $____________________

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

F1. Mobilization, Bonds, Permits, and Insurance as

Required by Contract Documents

LS 1 $____________ $____________

F2. One-Time Only Construction Staking Service LS 1 $____________ $____________

F3. Post-Construction Topographic Verification

Survey, Performed by Miller (Signed and

Sealed by a Registered Professional Land

Surveyor)

LS 1 $____________ $____________

F4. 12-Foot Wide Low Water Crossing, Including 6-

Inch Reinforced Concrete Pavement and 8-Inch

Cement Stabilized Sand, Complete in Place per

Plans

EA 2 $____________ $____________

F5. Utility Spoils to be Spread and Compacted to

95%, Including Preparation of Fill Areas, Hauling, Spreading, and Grading to Ensure

Positive Drainage. Engineer to Provide

Location of Spoil Placement

CY 582 $____________ $____________

TOTAL MISCELLANEOUS $____________________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

MISCELLANEOUS

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

G1. Detention Basin Excavation Off-Site Disposal CY 61,130 $____________ $____________

G2 Amenity Basin Excavation Off-Site Disposal CY 45,140 $____________ $____________

G3 Over-Excavation of Lake Bottom and Side

Slopes for 2-Foot Thick Clay Liner, Including

Hauling Off-Site and Disposing of Legally

CY 13,200 $____________ $____________

G4 Installation of 2-Foot Thick Clay Liner per

Geotechnical Recommendation, Including but

Not Limited to Placement in Lifts of 8-Inches or

Less and Compackted to 95% of the ASTM

D698 Maximum Dry Density at Moisture

Content within 3% Above Optimum. Cohesive

Soils Shall be Free of Debris, Roots, Vegetation, Organic Matter and/or Other Unsuitable

Material. Clay Shall Have a Liquiud Limit of 60 or Less, a Platicity Index Between 20 and 50, and a Hydraulic Conductivity of 1x10-6 cm/sec or Less When Compacted to 95%

CY 13,200 $____________ $____________

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

BID PROPOSAL

ALTERNATE BID ITEMS

TOTAL ALTERNATE BID ITEMS: $____________________

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST 6/11/2026

ITEM DESCRIPTION AMOUNT

A. Clearing, Grubbing, and Site Preparation $____________

B. Stormwater Collection System $____________

C. Detention Basin $____________

D. Amenity Lake $____________

E. Storm Water Pollution Prevention Plan $____________

F. Miscellaneous $____________

TOTAL AMOUNT BASE BID: $____________________

G. Alternate Bid Items $____________

TOTAL AMOUNT ALTERNATE BID ITEMS: $____________________

GRAND TOTAL BASE BID + ALTERNATE BID ITEMS: $____________________

FORT BEND COUNTY

BID SUMMARY

PROPOSED EXCAVATION, GRADING, AND STORM WATER FACILITIES TO SERVE

BROOKSIDE ON THE PRAIRIE DETENTION

MUNICIPAL UTILITY DISTRICT NO. 162

BID PROPOSAL

Projects/22-009-101/Project/Construction/DST/Contracts/Bid Proposal/[Bid Proposal_22-009-101-DST.xlsx 6/11/2026

CONTRACT

MUNICIPAL UTILITY DISTRICT NO. 162 CONTRACT

008b_Contract.docx Contract 1 of 2 September 2023

CONTRACT

STATE OF TEXAS }

COUNTY OF FORT BEND }

THIS CONTRACT (“Contract”) is made and entered into this _____________________ day of ___________, 2026 by and between Fort Bend County Municipal Utility District No. 162 (the “Owner”) c/o Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston 77027 of Harris County, Texas, and _______________, _____________, of the City of , County of ___________, and State of Texas, hereinafter termed “Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General Conditions of the Contract. Odyssey Engineering Group, LLC shall be referred to herein as the “Engineer.”

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:

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

Proposed Excavation, Grading, and Storm Water Facilities to Serve Brookside on the Prairie Detention for Fort Bend County Municipal Utility District No. 162, Fort Bend County, Texas, according to those Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all Extra Work in connection therewith, under the terms as stated in the Contract Documents, 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. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all Contract Documents and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within ten (10) calendar days after the written Notice to Proceed has been given by the Engineer. Contractor hereby also agrees to achieve Substantial Completion of the Work within 90 calendar days after the date of the written Notice to Proceed and to achieve Final Completion of the Work within 120 calendar days after the date of the written Notice to Proceed.

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents for the initial Contract Price of _____________________________________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract Documents. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as allowed by the

MUNICIPAL UTILITY DISTRICT NO. 162 CONTRACT

008b_Contract.docx Contract 2 of 2 September 2023

Contract Documents and, if applicable, approved by Change Order under the Contract Documents, and to make payments on account thereof as provided therein. If included as Special Conditions of the Contract Part B, the Developer shall act as “Owner” for the purposes of all payments.

IN WITNESS WHEREOF, the parties to these presents have executed this Contract in the year and day first above written.

FORT BEND COUNTY

MUNICIPAL UTILITY DISTRICT NO. 162

Owner

ATTEST: By:

Name:

Title:

CONTRACTOR NAME

Contra…