CPS2 Bid Package.pdf

GENERAL TABLE OF CONTENTS

00111 – Advertisement For Bid

00200 – Instruction to Bidders

00410 – Bid Form & Bid Documents

00430 – Bid Bond

00510 - Notice of Award

00520 – Agreement Between District and Contractor for Construction Contract

(Stipulated Price)

00550 – Notice to Proceed

00610 – Performance Bond (Public)

00615 – Payment Bond (Public)

00625 – Certificate of Substantial Completion

00630 – (Skip Sub) Certificate of Final Completion

00630 – Certificate of Final Completion

00700 – General Conditions

00931 – Request for Information (RFI)

00940 – Work Change Directive

00941 – Change Order

00942 – Field Order

ADDITIONAL SUPPORTING DOCUMENTS

• Certificate of Insurance

• Certificate of Interested Parties (Form 1295)

• Geotechnical Report

• Construction Plans (Provided Separately 22”x34” Drawings)

• Memorandum of Construction Contract

• Certificate of No Boycott

• Conflict of Interest Questionnaire (CIQ)

• PUR-FRM-019

ADVERTISMENT FOR BID

EAST LAKE HOUSTON MANAGEMENT DISTRICT

Subdivision Name: Crosby Pines Subdivision Section 2 Project: Water, Sanitary Sewer, Storm Sewer, Paving & Lot Grading

Sealed Bids for the construction of the Crosby Pines Subdivision Section 2 will be received, by EAST LAKE HOUSTON MANAGEMENT DISTRICT, at the office of

TEXAS LAND ENGINEERS, INC., 7102 W. SAM HOUSTON PKWY N., SUITE

230, HOUSTON, TEXAS 77040, until 3:00 PM, local time on Tuesday, September 29, 2026, at which time the Bids received will be publicly opened and read. The Project consists of Water, Sanitary Sewer, Storm Sewer, Paving and Lot Grading FOR Crosby Pines SUBDIVISION Section 2.

Bids shall be on a lump sum and unit price basis, with additive alternate bid items, as indicated in the Bid Form.

The Issuing Office for the Bidding Documents is:

TEXAS LAND ENGINEERS, INC.

7102 W. SAM HOUSTON PKWY N., SUITE 230, HOUSTON, TEXAS 77040

Telephone 713-955-0145

JOHN GERDES, P.E.

john.gerdes@texaslandengineers.com

Bidding Documents may be examined online at www.CivcastUSA.com.

A non-mandatory pre-bid conference will be held at 2:30pm, on Tuesday, September 15th, 2026, in the office of the Engineer at the above address.

Bid security, Conflict of Interest Questionnaire, and Texas Ethics Commission Form 1295 shall be furnished in accordance with the Instructions to Bidders.

(Advertisement Dates: 8/28/2026 & 9/4/2026) W0049394

SECTION: 00200

PROJECT NAME:

BID DATE:

Instructions to Bidders

INSTRUCTION FOR BIDDERS

ARTICLE 1 – DEFINED TERM

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be viewed at the Issuing Office.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither District nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 District and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within 10 days of District’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

B. Bidder’s state or other contractor license number, if applicable.

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of District to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

9/29/2026 Crosby Pines Subdivision Section 2

BID DATE:

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITION; EXAMINATION OF SITE; DISTRICT’S

SAFTEY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by District for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions:

1. The Supplementary Conditions identify:

a. those reports known to District of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to District of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to District relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. District will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to District and Engineer by Districts of such Underground Facilities, including District, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

BID DATE:

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder shall contact the Engineer for information regarding access to the site.

C. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

D. On request, and to the extent District has control over the Site, and schedule permitting, the District will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. District will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on District’s authority regarding the Site.

E. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by District or by property Districts or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

F. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 District’s Safety Program

A. Site visits and work at the Site may be governed by an District safety program. As the General Conditions indicate, if an District safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which District is aware (if any) that is to be performed at the Site by District or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If District is party to a written contract for such other work, then on request, District will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

BID DATE:

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;

the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

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

G. become aware of the general nature of the work to be performed by District and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

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

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of District and Engineer will be present to discuss the Project.

Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

BID DATE:

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents.

Questions received less than three days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to District in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until District awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, District may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be District’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that District believes to have a reasonable chance of receiving the award may be retained by District until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that District believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDADED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

BID DATE:

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders.

Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, District may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to District a list of the Subcontractors or Suppliers proposed for the following portions of the Work.

If requested by District, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If District or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, District may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and District may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, District may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which District or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to District and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph

7.06 of the General Conditions.

BID DATE:

ARTICLE 13 – PREPERATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which District or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by District for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

BID DATE:

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to District, TEXAS LAND ENGINEERS, INC., 7102 W. SAM HOUSTON PARKWAY N., SUITE 230, HOUSTON, TEXAS 77040.

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

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with District and promptly thereafter demonstrates to the reasonable satisfaction of District that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPEING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

BID DATE:

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but District may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 District reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. District will reject the Bid of any Bidder that District finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the District will reject the Bid as nonresponsive; provided that District also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If District awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

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

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, District will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 District may conduct such investigations as District deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – ADDITIONAL REQUIREMENTS

20.01 Pursuant to Chapter 176, Local Government Code, the Conflict-of-Interest Questionnaire, located behind Section 00410 – Bid Form of the project manual, is to be filled out where applicable and submitted at the time of bid.

20.02 Pursuant to Texas Government Code § 2252.908, you must provide EAST LAKE HOUSTON MANAGEMENT DISTRICT (the "District") with a completed original of the Certificate of Interested Parties form (TEC Form 1295) at the time of bid. Failure to do so will result in the District's inability to accept the bid. To complete the Certificate of Interested Parties form, or for further information, please visit the Texas Ethics Commission's website at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Additionally, TEC Form 1295 may be required for any amended, extended, or renewed contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

BID DATE:

Please use the following information to fill out the form:

“Governmental Entity (District) Name”: EAST LAKE HOUSTON MANAGEMENT DISTRICT

“Identification Number”: ______________________

“Description of goods and services to be provided”: NONE

ARTICLE 20 – ADDITIONAL REQUIREMENTS

21.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth District’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to District, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 22- SIGNING OF AGREEMENT

22.01 When District issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to District. Within ten days thereafter, District shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 23 – SALES AND USE TAXES

23.01 District is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. (See attached). Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 24- WAGE SCALE FOR UTILITIES CONSTRUCTION

24.01 In accordance with Chapter 2258, Texas Government Code, the public body awarding the contract does hereby specify Attachment A to be the general prevailing rates in the locality in which the work is being performed.

24.02 This prevailing wage rates does not prohibit the payment of more than the rates stated.

24.03 The wage scale for engineering construction is to be applied to all site work greater than 5 feet from an exterior wall of a new building under construction or from an exterior wall of an existing building.

RN111328597

SECTION:004101

BID DATE:

Bid Form

BID FORM

Subdivision Name: ____________________________ Project: ________________________________________ District Project Number: ____________

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: East Lake Houston Management District_ Engineering Firm: C/O Texas Land Engineers, INC.

Address: 7102 W. Sam Houston Pkwy N., Suite 230 Houston, TX 77040

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instruction to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60-Days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request to the District.

ARTICLE 3 – BIDDER’S REPRSENTATIONS

3 .01 In submitting this Bid, Bidder represents that:

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

Addendum Number Addendum Date

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

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

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

Crosby Pines Subdivision Sec 2 9/29/2026

Water, Sanitary Sewer, Storm Sewer, Paving & Lot Grading

Crosby Pines Section 2

01-106-02

BID DATE:

Bid Form

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on

(1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

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

G. Bidder is aware of the general nature of work to be performed by District and others at the Site that relates to the Work as indicated in the Bidding Documents.

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

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

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder Certifies that:

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

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

Bid.

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

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

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

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of District, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive District of the benefits of free and open competition;

Crosby Pines Subdivision Sec 2

BID DATE:

Bid Form

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

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

ARTICLE 5 – BASIS OF THE BID

5.01 Bidder will complete the Work in accordance with the Contract Documents and Bid Documents provided (see Bid Documents).

5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimate quantities are not guaranteed, and are solely for the purpose of comparison Bids, and final payment for all unit price. Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

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

ARTICLE 7 – ATTACHEMNTS OF THIS BID

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

A. Required Bid security.

B. Conflict of Interest.

ARTICLE 8 – DEFINED TERMS

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

(Remainder of the Page Left Blank Intentionally)

ARTICLE 9 – BID SUBMITTAL

BID DATE:

Bid Form

Bidder Company Name: ______________________________________

By: ________________________________________

Printed Name: ______________________________

Title: ______________________________________

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign).

Attest : _______________________________________

Printed Name: _________________________________

Title: _________________________________________

Submittal Date: _____________________________

Contact Name: ______________________________

Contact Email: ______________________________

Address: ___________________________________

Telephone Number: __________________________

Fax Number: ________________________________

SECTION:00430

BID DATE:

Bid Bond

BID BOND

Any singular reference to Bidder, Surety, District, or other party shall be considered plural where applicable.

BIDDER COMPANY NAME: ______________________________________

BIDDER ADDRESS:_____________________________________________

SURETY NAME:________________________________________________

SURETY ADDRESS:_____________________________________________

DISTRICT NAME: East Lake Houston Management District (ELHMD) DISTRICT ADDRESS:600 W. 5th Street Suite 900 Austin, TX 78701

BID:

Bid Due Date:_________________________________________________ Project Name and Location: ______________________________________

BOND:

Bond Number:_________________________________________________ Date:________________________________________________________

Penal Sum:____________________________________________________________ $__________________________ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER: SURETY:

Bidder Name: __________________________ Surety Name: _____________________________ Corporate Seal Corporate Seal

By: _______________________________________ By: _____________________________________ Signature Signature(Attach Power of Attorney)

Print Name: ________________________________ Print Name: ___________________________

Title: ______________________________________ Title: _________________________________

Attest:_____________________________________ Attest:_______________________________

Title:______________________________________ Title:_________________________________

Note: Addresses are to be used for giving any required notice.

Cosby Pines Subdivision Sec. 2

SECTION:00430

BID DATE:

Bid Bond

Provide execution by any additional parties, such as joint ventures, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to District upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be District’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by District) the executed Agreement required by the Bidding Documents and any bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 District accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by District) the executed Agreement required by the Bidding Documents and any bonds required by the Bidding Documents, or

3.2 All Bids are rejected by District, or

3.3 District fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from District, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by District and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SECTION: 00510

BID DATE:

NOTICE OF AWARD

TO BIDDER:

You are notified that East Lake Houston Management District (ELHMD) has accepted your Bid dated:

_________________ and that you are the Successful Bidder and are awarded a Contract for above.

The Contract Price of the awarded Contract is $ ________________

• Two (2) unexecuted counterparts of the Construction Agreement accompany this Notice of Award.

• One (1) unexecuted counterpart of the Memorandum of Contract accompany this Notice of Award.

• A set of Drawings will be delivered separately from the other Contract Documents.

You must comply with the following conditions precedent within 10 days of the date of receipt of This Notice of Award:

1. Deliver to Engineer in care of the District Two (2) counterparts of the Agreement, fully executed by the Bidder.

2. Deliver with the executed Construction Agreement(s) the Contract bonds and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6.

3. Deliver to Engineer in care of the District the executed and notarized Memorandum of Construction Contract

4. Other conditions precedent (if any):

Failure to comply with these conditions within the time specified will entitle the District to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten (10) days after you comply with the above conditions, East Lake Houston Management District (ELHMD) will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

EAST LAKE HOUSTON MANAGEMENT DISTRICT:

By: ____________________ Printed Name: Lynda S. Fuqua, PE, LEED AP Title: East Lake Houston Management District Engineer Date: _________________

ISSUE DATE:

DISTRICT: East Lake Houston Management District (ELHMD)

DISTRICT

ENGINEER: FdR Consulting, LLC

PROJECT NAME:

PROJECT

NUMBER:

BIDDER:

BIDDERS

ADDRESS:

Professional Engineers Seal

9/29/2026

SECTION: 00520

PROJECT NAME: Crosby Pines Subdivision Section 2

BID DATE:9/29/2026

Agreement Between District & Contractor or Construction Contract (Stipulated Price)

AGREEMENT BETWEEN DISTRICT AND CONTRACTOR FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between 50 Crosby Pines, LTD., on behalf of the East Lake Houston Management District (ELHMD) (“District”) and _________________________ (“Contractor”).

East Lake Houston Management District (ELHMD), an independent political subdivision of the State of Texas and a Management District created and operating pursuant to the provisions of Section 59, Article XVI and Section 52-a, Article III of the Texas constitution; and Chapters 49 and 36, Texas Water Code is sometimes referred to herein individually as the “District” and50 Crosby Pines, LTD., is sometimes referred to herein individually as the “Developer”

Undefined terms used in the Agreement have the meanings stated in the General Conditions.

District and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

ARTICLE 3 – ENGINEER

3.01 The District has retained Lynda S. Fuqua, PE, FdR Consulting, LLC. and Texas Land Engineers, INC.

(“Engineer”) to act as District’s representative, assume all duties and responsibilities of the Engineer, and have the rights and authority assigned to the Engineer in the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Days

A. The Work will be substantially completed within ______days and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within ______days.

4.03 Intentionally Deleted.

BID DATE:9/29/2026

Agreement Between District & Contractor or Construction Contract (Stipulated Price)

4.04 Milestones

A. Parts of the Work must be substantially completed on or before the following Milestone (s):

1. Milestone 1:

2. Milestone 2:

3. Milestone 3:

4.05 Liquidated Damages

A. Contractor and District recognize that time is of the essence as stated in Paragraph 4.01 above and that District will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by District if the Work is not completed on time. Accordingly, instead of requiring any such proof, District and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay District One Thousand and No/100 Dollars

($1,000.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay District One Thousand and No/100 Dollars ($1,000.00) for each day that expires after such time until the Work is completed and ready for…