CONTRACT SPECIFICATIONS

FOR

CLEARING, GRUBBING, MASS GRADING AND

DETENTION

TO SERVE

PINE FALLS SECTION 1

FOR

MERITAGE HOMES OF TEXAS

3250 BRIARPARK DRIVE

HOUSTON, TX 77042

IN

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138

3200 SOUTHWEST FREEWAY, STE. 2600

HOUSTON, TX 77027

JULY 2026

SPE JOB NO. 7003-03

MELWIN MATHEW, P.E.

PROJECT MANAGER

SPEAR POINT ENGINEERING, LLC

TPBE FIRM REGISTRATION NO. 18904

07/15/2026

SPECIFICATION TABLE OF CONTENTS

SECTION 0: CONTRACT FORMS AND DOCUMENTS

NUMBER TITLE NO. OF PAGES

000115 LIST OF DRAWING SHEETS

001116 INVITATION TO BID

002113 INSTRUCTIONS TO BIDDER

004143 BID FORM ....................................................................................................... --

004513 BIDDERS QUALIFICATIONS

004519 NON-COLLUSION AFFIDAVIT

005110 NOTICE OF AWARD

005243 CONTRACT

005500 NOTICE TO PROCEED

006112 BID BOND

006113 PERFORMANCE BOND

006114 PAYMENT BOND

006119 MAINTENANCE BOND

006216 CERTIFICATE OF INSURANCE FORM

006293 SITE SURVEY CERTIFICATION

006313 REQUEST FOR INFORMATION FORM

006336 FIELD ORDER FORM

006363 CHANGE ORDER FORM

007200 GENERAL CONDITIONS OF THE CONTRACT

007200.10 ATTACHMENT A TO THE GENERAL CONDITIONS OF THE CONTRACT

007200.20 ATTACHMENT B TO THE GENERAL CONDITIONS OF THE CONTRACT

007300 SPECIAL CONDITIONS OF THE CONTRACT PART A

007301 SPECIAL CONDITIONS OF THE CONTRACT PART B

007413 SPECIAL PROVISIONS

SECTION 1-2: GENERAL CONTRACT SPECIFICATIONS

011100 SUMMARY OF WORK

011110 EXECUTIVE SUMMARY

011113 WORK COVERED BY CONTRACT DOCUMENTS

013216 CONSTRUCTION PROGRESS SCHEDULE

013226 CONSTRUCTION PROGRESS REPORTING

013229 PERIODIC WORK OBSERVATION

013300 SUBMITTAL PROCEDURES

013323 SHOP DRAWINGS PRODUCT DATA AND SAMPLES

014516 .13 CONTRACTOR’S QUALITY CONTROL

014529 TESTING LABORATORY SERVICE

015200 TEMPORARY CONSTRUCTION FACILITIES

015513 STABILIZED CONSTRUCTION EXIT

015713 TEMPORARY EROSION AND SEDIMENT CONTROL

015723 TEMPORARY STORM WATER POLLUTION CONTROL

015733 TPDES REQUIREMENTS

017416 CLEANING AND WASTE MANAGEMENT

017700 CLOSEOUT PROCEDURES

022113 SITE SURVEYS

SECTION 3: TECHNICAL SPECIFICATIONS

311010 EARTHWORK

311100 CLEARING AND GRUBBING

311313 SELECTIVE CLEARING

311319 TREE PRESERVATION

311413 SOIL STRIPPING AND STOCKPILING

312316 EXCAVATION AND FILL

312316.13 DISPOSAL AND SURPLUS EXCAVATION

313213 CEMENT STABILIZED SAND BACKFILL

315010 TRENCH SAFETY SYSTEM

315020 TRENCH DEWATERING SYSTEM

329213 HYDRO MULCH SEEDING

334913 STORM SEWER FACILITIES

List of Drawing Sheets Revised 7/14/2026 000115: Page 1 of 1

000115 LIST OF DRAWING SHEETS

PART 1 GENERAL

1.01 SUMMARY

A. This Section includes a list of drawing sheets that are incorporated as a part of the Contract along with their revision dates during bidding.

B. Drawing sheet list:

1. Cover Sheet – Clearing, Grubbing, Mass Grading, and Detention – Pine Falls Section 1

2. Cover Sheet – Landscape and Tree Preservation Plans

3. Block Plan A - Tree Preservation, Clearing Plan & Disposition Tables

4. Block Plan B - Tree Preservation, Clearing Plan & Calculations

5. Tree Protection Fencing Notes & Details

6. Temporary Erosion Control Plan

7. Sitework General Notes and TCEQ Notes

8. Site Grading Plan, Details & Notes

9. Detention Pond 3 Outfall

10. Storm Details 1 of 2

11. Storm Details 2 of 2

12. Temporary Erosion Control Details

13. Detention Pond 3

14. Detention Pond 3 Sections

15. Cut & Fill Overall

16. General Details

17. Temporary Erosion Control Plan

18. Temporary Erosion Control Details

1.02 PRICE AND PAYMENT PROCEDURES

Measurement and Payment

The work shown on the plans is a part of this project. Any work shown on the plans that is not included in a specific pay item is deemed to be incidental to the work item most related to the work. Any questions or discrepancies found on the plans or between the plans and the Specifications should be brought to the attention of the ENGINEER prior to bid. Otherwise, in interpretation of the plans and specification, the most stringent requirement will be deemed as intended.

END OF SECTION

MERITAGE HOMES OF TEXAS FOR THE BENEFIT OF MUD 138 INVITATION TO BIDDERS

Invitation to Bid (Paper) Revised 7/10/2026 001116: Page 1 of 1

001116 INVITATION TO BIDDERS

Sealed Bids addressed to Meritage Homes of Texas FOR THE BENEFIT OF Montgomery County Municipal Utility District No.

138 will be received at the office of Spear Point Engineering, LLC., 902 Martin Luther King Blvd Ste. 100, Willis, TX 77378, until 10:00 a.m. Local Time, August 4, 2026, and then publicly opened and read for furnishing all material, equipment, labor, and supervision necessary for completion of Pine Falls Section 1 for Meritage Homes of Texas FOR THE BENEFIT OF Montgomery County Municipal Utility District No. 138 of Montgomery County, Texas.”

Scope of Work of the Contract Documents includes the following: Clearing, Grubbing, Mass Grading, and Detention to serve a 11.09 AC residential subdivision development.

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held in person July 21, 2026, at 10:00 a.m. Local Time, at Spear Point Engineering, LLC., 902 Martin Luther King Blvd Ste. 100, Willis, TX 77378.

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.

[Bidding documents may be examined at www.CIVCASTUSA.com or may be obtained by prospective bidders or suppliers upon payment of One Hundred Fifty Dollars ($150.00 non-refundable plus cost of delivery) for each set of documents at Spear Point Engineering, LLC. Checks should be made payable to Spear Point Engineering, LLC. No cash will be accepted.]

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. Bid package submittals that do not include all completed forms listed in the Bid Form Section 1.0 D Bid Supplements may be considered non-responsive. 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.

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002113 INSTRUCTIONS TO BIDDERS

1.01 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.

1.02 CONTRACT DOCUMENTS

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

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request [online to the www.CivcastUSA.com system for such information to Engineer not less than 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.

http://www.civcastusa.com/

Revised 7/14/2026 002113: Page 2 of 6

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.

1.03 PRE-BID CONFERENCE

A NON-MANDATORY pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The NON-MANDATORY pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

1.04 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.

1.05 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. The successful bidder must also provide a one-year (1) Maintenance Bond for one hundred (100) percent of the cost of the construction of the improvements that will be owned by Montgomery County Municipal District No. 173. 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, 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

Revised 7/14/2026 002113: Page 3 of 6

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.

1.06 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.

1.07 “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.

1.08 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.

1.09 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.

1.10 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, Revised 7/14/2026 002113: Page 4 of 6 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.

1.11 QUALIFICATION OF BIDDERS

The apparent most qualified, responsible bidder must submit to Owner, with its Bid 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.

1.12 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.

1.13 INTENTIONALLY DELETED

1.14 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.

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”)

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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.

1.15 TAXES, LICENSES AND FEES

Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. 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.

1.16 NUMBER OF SIGNED SETS OF DOCUMENTS

The Contract Documents will be prepared in at least five (5) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

1.17 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.

1.18 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.

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

Revised 7/14/2026 002113: Page 6 of 6 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.

1.20 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.

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.

1.21 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 $250.00 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.

OWNER:

Project Name:

Project No:

BIDDER:

1.0 OFFER

A.

B.

C.

Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________ Addendum No.: ____ Date: _________

D.

2.0 CONTRACT TIME

A.

004143 BID FORM

Total Bid Price: Having examined the Project location and all matters referred to in Bid Documents for the Project, we, the undersigned, offer to enter into a Contract to perform the Work for the Total Bid Price shown on the signature page of this Document.

Addenda: All Addenda have been received. Modifications to Bid Documents have been considered and all related costs are included in the Total Bid Price.

[ ] Security Deposit/Bid Bond (as defined in Document 002113 – Instructions to BIDDERs) [ ] Form 1295

[ ] Bidders Qualifications (Document 004513) [ ] Non-Collusion (Document 004519)

7003-03 Pine Falls Section 1: Clearing, Grubbing, Mass Grading & Detention

902 Martin Luther King Blvd., Suite 100, Willis, TX 77378 Attn: Engineer for the District on behalf of Montgomery County Municipal Utility District No. 138 Meritage Homes of Texas, LLC

BIDDER acknowledges receipt of the following ADDENDA:

Bid Supplements: The following documents are required and must be attached:

Period for Bid Acceptance: This offer is open to acceptance and is irrevocable for 60 days from Bid Date. The period for bid acceptance may be extended by mutual written agreement of the OWNER and BIDDER.

If offer is accepted, CONTRACTOR shall achieve Date of Substantial Completion within a Maximum Total of Ninety [90] Calendar Days (refer to table below) after Date of Commencement of the Work, subject to adjustments of Contract Time as provided in the Contract.

(Maximum of 90)Total Number of Days Bid:

Spear Point Engineering, LLC Revised 7/15/2026

Bid Form 004143: Page 1 of 5

3.0

A. STIPULATED PRICE:

(Total Bid Price; minus Base Unit Prices, Extra Unit Prices, Cash Allowances and All Alternates, if any)

B. BASE UNIT PRICE TABLE: GENERAL SITE PREP AND START UP ITEMS

Item No.

Unit Quantity Total per Lump Sum per Lump Sum per Each per Lump Sum

C. BASE UNIT PRICE TABLE: CONCRETE ITEMS

Item No.

Unit Quantity Total per Each per Each per Square Yard per Each

C.1

Furnish and install Concrete Headwall (one side) for 36" RCP influent as per the plans, details and specifications;

complete and in place for EA 1 $___________ $___________

B.2 LS 1 $___________ $___________

Obtain and meet the requirements of the TPDES General Stormwater Permit and NOI through the TCEQ in accordance with applicable standards and as per the specifications for

Drain and Demuck any existing ditches or other low areas holding water on site (Contractor is to visit the site prior to bidding) as directed by the Engineer; complete and in place for

B.3 EA 1 $___________

B.4

B.1

Site preparation of cut and fill areas to include stripping of topsoil, removal of vegetation and stockpile excess material per the specifications for LS 1 $___________ $___________

Item Description Unit

Measure Unit Price

TOTAL BID PRICE HAS BEEN CALCULATED BY BIDDER, USING THE FOLLOWING COMPONENT PRICES AND PROCESS

(PRINT OR TYPE NUMERICAL AMOUNTS):

$ N/A

Unit MeasureItem Description Unit Price

$___________ $___________LS 1

Furnish, Install and Maintain a Stabilized Construction Entrance as per the plans, details, and specifications for

C.2

Furnish and install 12"-18" Rip-Rap as per the plans, details and specifications; complete and in place for

SY 53 $___________

C.6

Furnish and install Extreme Event Weir as per the plans, details and specifications, or as directed by the Engineer;

complete and in place for EA 1 $___________

C.1

Furnish and install Concrete Headwalls on each side of 18" RCP Pond Outfall as per the plans, details and specifications; complete and in place for EA 1 $___________ $___________

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004143: Page 2 of 5

D. BASE UNIT PRICE TABLE: DRAINAGE AND STORM SEWER ITEMS

No. Quantity Total per Linear Foot per Linear Foot per Linear Foot per Each

$___________D.1

Item Description Unit Unit Price Excavate drainage swales as "V" type swales, with the centerline of the future roadway being the flowline of the ditch, minimum 1-foot deep, with the top of ditch elevation matching the top of curb elevation provided on the grading plan. Swales should be graded in such a manner as to establish positive drainage by draining towards the proposed detention pond and not hold water on site as per the plans or directed by Engineer, details and specifications; complete and in place for

LF 1,510 $___________

D.2

Furnish and install 18-inch RCP Storm Sewer as per the plans, details and specifications for

LF 196 $___________ $___________

D.4

Furnish and install Storm manhole as per the plans, details and specifications for

EA 1 $___________ $___________

D.3

Furnish and install 36-inch RCP Storm Sewer as per the plans, details and specifications for

LF 129 $___________

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004143: Page 3 of 5

E. BASE UNIT TABLE: EXCAVATION, DETENTION POND CONSTURCTION AND FINAL GRADING ITEMS No. Quantity Total per Lump Sum per Lump Sum per Acre per Linear Foot per Square Yard

F. ADDITIONAL UNIT PRICE TABLE:

Item No.

Unit Quantity Total per Linear Foot per Day

(1) Fixed Unit Price determined prior to Bid. Cannot be adjusted by the BIDDER.

(2)

(3)

(4)

E.2

Furnish As-Built Survey of Detention Pond Expansion and Mass grading to Conform to Montgomery County Requirements. To be sealed by licensed surveyor registered in the state of Texas for LS 1 $___________ $___________

Engineer estimates that 20,500 CY Tight Cubic Yards (TCY) will be excavated. The quantity given is for reference only, and the contractor is responsible for verifying all quantities for the lump sum bid price before bidding on the project. Excess fill shall be spread in 8-inch lifts, compacted to 95% standard proctor, and used for the mass grading of the project, detention pond berms, and filling in existing ponds on-site. The contractor is to provide an as-built topographical survey (incidental to the bid item) by a registered professional land surveyor after the completion of earthwork operations to verify final grading.

Item Description Unit

E.4

Furnish and install Reinforced Filter Fabric Fence as per the plans, details and specifications; complete and in place for LF 3,653 $___________

Unit Price

Footnotes for Basic Unit Price Table and Extra Unit Price Table:

Minimum Bid Price determined prior to Bid. Can be increased by the BIDDER by crossing out the Minimum and noting revised price on the line above.

Maximum Bid Price determined prior to Bid. Can be decreased by BIDDER by crossing out the Maximum and noting revised price on the line above.

Fixed Range Unit Price determined prior to Bid. Unit Price can be adjusted by BIDDER to any amount within the range defined by crossing out prices noted and noting revised price on the line above.

Item Description Unit

Measure Unit Price

F.2

Provide a pump for site & detention pond dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control. Contractor may choose the size and/or combination of pumps as approved by the Engineer for

DAY 60 $___________ $___________

Provide Mass Grading of project site, to include top soil stripping, excavation, on-site hauling, placement and compaction of fill, as per plans, details and specifications. Place fill in 8-inch maximum uniform elevation lifts compacted to 95% standard proctor, graded, complete and in place per plans, specifications and directed by the Engineer for

E.1 LS 1 $___________ $___________

F.1

Trench Safety System, all depths, complete in place for

LF 227 $_________________________________________________________

E.4

Furnish and install 2-foot-thick Compacted Impervious Clay Liner for the wet-bottom detention pond as shown on the plans, details, and specifications; complete and in place for SY 5,800 $___________ $___________

E.3

Provide Final Turf Establishment along Detention Pond Side Slopes above the static water level including Hydromulch Seeding and re-distribution of previously stripped topsoil, as per the plans, details and specifications; complete and in place for

AC 2.2 $___________

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004143: Page 4 of 5

F. BID PRICE SUMMARY:

1. TOTAL BASE BID $___________________

(Add totals from Sections A through E)

2. TOTAL BID with ADDITIONAL ITEMS $___________________ (Add totals from Sections A through F)

4.0

BIDDER:

(Print or type full name of proprietorship, partnership, corporation, or joint venture.*)

**By:

Signature Date

Name:

(Print or type name) Title

Address:

(Mailing)

(Street Address, if different) Telephone: Fax:

END OF SECTION

BIDDER certifies that the only person or parties interested in this offer as principals are those named above. BIDDER has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding.

SIGNATURES: By signing this Document, I agree that I have received and reviewed all Addenda and considered all costs associated with the Addenda in calculating the Total Bid Price.

If Bid is a joint venture, add additional Bid Form signature sheets for each member of the joint venture.

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004143: Page 5 of 5

Bidder’s Qualifications Revised 7/14/2026 004513: Page 1 of 1

004513 BIDDER’S QUALIFICATIONS

A. Determination of the suitability of CONTRACTOR’s experience record to this type of work will be solely determined by ENGINEER.

B. All prospective Bidders must maintain staffed offices within 75 miles of the Project Site in the State of Texas.

PART 2 EXECUTION

A. If explicitly stated in Section D of Bid Form, each CONTRACTOR submitting a bid shall provide the following items:

1. Written verification of satisfactory performance of comparable scope within 150 miles of the Project Site. This written statement shall include the names, addresses and telephone numbers of the officers and/or partners of the Bidder’s organization. The list must include location of the projects, client for whom the work was performed, and the person within the client organization to contact regarding performance of the contract, including telephone number.

2. List of equipment owned or rented/leased by CONTRACTOR which will be dedicated to the construction of the Project.

3. An audited financial statement covering CONTRACTOR’s last fiscal year.

B. Failure to submit the above required information with CONTRACTOR’S bid by the bid opening date and time may result in disqualification of the prospective Bidder from further consideration.

C. ENGINEER reserves the right to perform verification of performance at his/her discretion of any Bidder in which he/she is familiar and in his/her opinion is thoroughly qualified to perform the Work required on this Project.

Non-Collusion Affidavit Revised 7/14/2026 004519: Page 1 of 1

004519 NON-COLLUSION AFFIDAVIT

TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF TEXAS

COUNTY OF ____________________

, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name (Print or Type)

Signature Date

COUNTY OF _______________________________

being duly sworn deposes and says that he is of the above and that the (Title) (Name of Organization) answers to the foregoing questions and all statements therein contained are true and correct.

Sworn to before me this day of , 20

Notary Public in and for the State of Texas

My Commission Expires:

Notice of Award Revised 7/14/2026 005110: Page 1 of 1

005110 NOTICE OF AWARD

Date:

To:

Re: Pine Falls Section 1 Clearing, Grubbing, Mass Grading and Detention (SPE Job No. 7003-03)

Meritage Homes of Texas OBO/ Montgomery County Municipal Utility District No. 138 (the “OWNER”) considered your Bid for the referenced project. OWNER decided to Award the Project to <Contractor Name> in the amount of $ for a completion time of _ days in accordance with the Bid Form dated . This Award is conditioned on the completion and execution of the Contract Documents.

Please find enclosed original documents that must be completed and executed in accordance with the Instructions to Bidders, General Conditions and Supplementary Conditions:

Document 005243 Contract (5 copies with original signatures)

Document 006113 Performance Bond (5 original bonds with original signatures)

Document 006114 Payment Bond (5 original bonds with original signatures)

Document 006119 Maintenance Bond (5 original bonds with original signatures)

Document 006216 Certificate of Insurance Form (5 copies with original signatures)

Document 006293 Site Survey Certification (5 copies with original signatures)

Document 007301 Special Conditions of the Contract Part B (5 copies with original signatures)

Complete and return five (5) sets of these documents with original signatures along with an original signed Form 1295 within ten (10) days as directed by the Instructions to Bidders, General Conditions, and Supplementary Conditions.

If you have any questions or need further information, please contact the undersigned.

Very sincerely yours, Melwin Matthew, P.E.

Project Manager

END OF DOCUMENT

MERITAGE HOMES OF TEXAS FOR THE BENEFIT OF MC MUD 138 CONTRACT

Contract (Developer FBO District) Revised 7/14/2026 005243: Page 1 of 2

005243 CONTRACT

COUNTY OF MONTGOMERY

THIS CONTRACT (“Contract”) is made and entered into effect as of the ______ day of ___________, 20__ (the

“Effective Date”) by and between Meritage homes of Texas obo/Montgomery County Municipal Utility District No. 138 (the “Owner”) 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.

Spear Point Engineering, 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:

Pine Falls Section 1 Clearing, Grubbing, Mass Grading and Detention for Meritage homes of Texas FOR THE BENEFIT OF Montgomery County Municipal Utility District No. 138 , Montgomery 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 _______ calendar days after the date of the written Notice to…