Dam 16 Aux Spwy Procurement Documents.pdf

UPPER BRUSHY CREEK WATER CONTROL AND

IMPROVEMENT DISTRICT

PROCUREMENT DOCUMENTS

FOR CONSTRUCTION OF

Dam No. 16

Auxiliary Spillway Cutoff Wall

July 2026

TABLE OF CONTENTS

PAGE

ADVERTISEMENT 1

PROPOSAL INSTRUCTIONS / REQUIREMENTS 2

PROPOSAL FORM 14

BID BOND 16

NON-COLLUSION CERTIFICATION 18

CONFLICT OF INTEREST QUESTIONNAIRE 19

CERTIFCATION OF PROPOSAL 22

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INVITATION FOR COMPETITIVE SEALED PROPOSAL

Sealed proposals addressed to the Upper Brushy Creek Water Control and Improvement District, 460

Texas Avenue, Round Rock, Texas 78664 for the:

Dam 16 Auxiliary Spillway Cutoff Wall

Williamson County, TX

Proposals will be received no later than Thursday, July 30, 2026 at 10:00 AM CST and will be publicly opened, read aloud at the District Office. SolicitaƟon documents are available on CIVCAST USA.

Proposers shall be responsible for prinƟng or obtaining prints of the above-menƟoned project documents, as necessary.

A pre-proposal conference will not be held. QuesƟons from offerors are due on Monday, July 27, 2026 through CIVCAST USA.

PROPOSAL INSTRUCTIONS / REQUIREMENTS

1. Request for Proposals

The Upper Brushy Creek Water Control and Improvement District (District) is requesting Proposals for construction of the following Project: DAM NO. 16 – AUXILIARY SPILLWAY CUTOFF WALL. This Project is a rehabilitation of the auxiliary spillway crest of the Upper Brushy Creek Dam No. 16 in Round Rock, Texas.

This involves excavating and placing an approximate 240 ft long by 15 feet deep and 36 inches wide unreinforced concrete cutoff wall, including restoring site conditions. This Project includes the following

Work:

• Temporary Erosion Controls

• Trench Excavation

• Unreinforced Concrete Wall (with admixtures)

• Restoration of Auxiliary Spillway Berms at Wall Area

• Grading and Topsoil Placement

The successful proposer will propose the duration from Notice to Proceed for the project to be substantially complete and ready for operation, however it is not anticipated to exceed 45 to 60 calendar days. The project is to be complete and eligible for final payment 60 days after the date of Substantial Completion.

Contractor will be selected using a competitive sealed proposal process in accordance with Tex. Gov’t Code

Chapter 2269. The evaluation criteria for this Project includes the following:

Rating Category Description Weighting Value %

A Proposed Contract Price 50%

B Proposed Key Personnel: Experience and Qualifications 25%

C Project Approach, Past Performance and Contract Times 25%

TOTAL 100%

The selection process is anticipated to comply with the following schedule:

Event Anticipated Date

Proposal Package Available on CIVCASTUSA.com 7/8/2026

First Advertisement 7/8/2026

Second Advertisement 7/15/2026

Final Day for Questions (on CIVCASTUSA.com website) 7/27/2026

Proposals Due by 10:00 AM CST and Opened 7/30/2026

Award Approval by District Board of Directors 8/12/2026

Construction Notice to Proceed TBD, Anticipated in August 2026

2. Obtaining Proposal Documents

Advertisement and proposal information for the Project can be found at the following procurement website: https://www.civcastusa.com.

The Contract Documents may be downloaded from the procurement website by prospective Offerors registered as plan holders. Prospective Offerors must register with the procurement website as a plan holder, even if the Contract Documents are obtained from a plan room or other site. All official notifications, Addenda, and other documents will be offered only through the procurement website.

Offerors are responsible for ensuring that a complete set of Contract Documents are used in the preparation of their Proposals. Copies of Contract Documents are made available for the sole purpose of obtaining Proposals for completion of the Project and does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right for Offerors to print documents for their sole use, provided they pay all costs associated with printing or reproduction.

Printed documents may not be re-sold under any circumstances.

3. ExaminaƟon of the Contract Documents

3.01 Examine the Contract Documents and other information readily available before submitting a

Proposal.

A. Examine the Contract Documents and supplemental data:

1. Carefully study the Contract Documents.

2. Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to

Offerors.

3. Promptly notify the Project Team of all conflicts, errors, ambiguities, or discrepancies that

Offeror discovers in the Contract Documents, Addenda, and supplemental information.

4. Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of

Work to the degree necessary to prepare a Proposal for the Project.

5. Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents, and consider these in preparation of a Proposal for the Project.

B. Become familiar with all Laws and Regulations that may affect cost, progress, or the completion of Work.

3.02 The submission of a Proposal will constitute an incontrovertible representation by Offeror that

Offeror has complied with every requirement of this Section, and that without exception the

Proposal is premised on the following:

A. Work will be completed in accordance with the Contract Documents for the Contract Price within the Contract Times;

B. Offeror has given the Project Team written notice of all conflicts, errors, ambiguities, and discrepancies that Offeror has discovered in the Contract Documents, Addenda, and the related supplemental data;

C. Written resolutions provided by the Project Team are acceptable to Offeror; and

D. Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of the Work.

4. ExaminaƟon of the Site

4.01 The Site may be viewed through many electronic map applications, including Google Maps and

Google Earth. Visit the Site area to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is located on private property accessed from CR 112 and access coordination through the District is required. The adjacent CR 112 Widening construction project is approaching substantial completion. Contact the

District Operations Manager, Carolina Lara (carolina.lara@ubcdams.org), if a site visit is desired.

4.02 The Site is available only for visual inspection. No ground disturbance of any kind is allowed, including staking or vehicular access. Subsurface exploration is not allowed.

5. Pre-Proposal MeeƟng

5.01 No pre-proposal meeting will be held for this Project.

6. QualificaƟons Statement

6.01 Offerors are required to submit responses to the Evaluation Criteria in Section 16 as a “Qualifications

Statement” with their Proposals. These responses in the Qualifications Statement should not exceed

10 pages single sided.

7. InterpretaƟons and QuesƟons

7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Project Team using the procurement website as indicated in Section

2 “Request for Proposals”.

7.02 Questions submitted via written or electronic mail or by telephone will not be answered and will be returned to the sender with instructions to use the procurement website.

7.03 Responses to questions posted on the procurement website will be posted for the benefit of all

Offerors. Questions received after Monday, July 27, 2026, will not be answered.

7.04 Review the following guidelines for asking questions on the procurement website before posting questions:

A. Read the documents before posting a question. A response to the question that consists of a reference to the Contract Documents is an indicator that the documents were not read prior to asking the question.

B. Read the previously posted questions before posting a similar question to avoid posting duplicate questions.

C. Post questions as discreet questions so an answer can be given to the specific question. Multiple part questions cannot be answered until all responses have been prepared. Response to these types of questions will be to resubmit as individual questions.

D. Do not post questions asking that the Project Team confirm that the documents mean what they say.

E. Provide adequate information to allow a response to be made:

1. Reference the specific drawing or specification paragraph when asking a question using complete references e.g. section number/paragraph and drawing number/detail designations;

2. Provide a brief background to set the stage for your question so it will be clear why the question is being asked; and

3. Explain why the question is being asked.

F. Do not use this as a forum to request approval of an alternate product or construction process.

Follow the provisions of the Contract Documents for this process.

G. Ask questions early. The deadline for posting questions will not be extended unless the date for receipt of Proposals is extended. No response will be made to questions asked after the deadline.

Unless there is time for the Project Team to issue an Addendum and for Offerors to incorporate this information into their Proposals, no changes will be made and Offerors should prepare their

Proposals on the Contract Documents as amended to that point.

H. Offerors cannot qualify their Proposals by explaining assumptions being made in posing questions or in offering a Proposal. Proposals must be in conformance with the Contract Documents. Any alternate Proposals must be submitted in accordance with this Section.

I. The procurement website is not a forum for questions, offering opinions, expounding on theories of construction practices, or selling products.

J. While the procurement website does not indicate who posts a question, the Project Team has full access to this information.

K. Abuses of the question and answer forum may lead to an individual or company being barred from using the procurement website. Inappropriate questions or questions with unacceptable language may be deleted. How questions are offered and the messages in terms of how an Offeror chooses to convey these questions may be taken into consideration when evaluating Proposals.

7.05 A response to a question posted on the procurement website that requires modification of the

Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of the Contract can only be made by Addenda. Only answers in Addenda posted on the procurement website will be binding. Oral and other interpretations or clarifications will be without legal effect. Additional Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the District or Engineer.

8. Proposal Security

8.01 Offerors must submit an acceptable Proposal Security with their Proposals as a guarantee that the

Successful Offeror will enter into a contract with the District for the Project within 15 days of Notice of Award of the Contract. The Proposal Security must be payable to the Upper Brushy Creek Water

Control and Improvement District in the amount of 5 percent of the proposed Contract Price.

8.02 Proposal Security must be in the form of a bid bond. The bid bond may be submitted on the form provided (see Bid Bond) or Offerors may provide their surety’s standard penal sum bid bond form.

The bid bond must reference the District and Project by name as identified in this Section. The bid bond must be issued by a surety legally authorized to do business in Texas.

8.03 Proposal Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is executed or all Proposals are rejected.

8.04 The District may annul the Notice of Award and retain the Proposal Security of the apparent

Successful Offeror upon Offeror’s failure to execute and deliver the Agreement or amendments to the Agreement.

9. Requests for Changes Prior to Receipt of Proposals

9.01 Submit a request for alternate terms and conditions, approval of Work not in strict compliance with the Contract Documents, or requests to include products of manufacturer’s not listed as approved manufacturers in a specification to the Project Team no later than 10 calendar days after the date the Project is first advertised. Provide all the information required for a substitution. Project Team will give consideration to the request and issue an Addenda as appropriate if the proposed changes to the Contract Documents are accepted. Proposals submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive.

10. PreparaƟon of Proposals

10.01 Complete and submit the Proposal along with all required documents identified. Prepare the

Proposal using the forms provided on the procurement website.

Proposal Form

Bid Bond

Qualifications Statement

Non-Collusion Certification

Conflict of Interest Questionnaire

Certification of Proposal

Documentation showing Offeror’s authority and quantification to do business in the State of

Texas or a written covenant to obtain such authority prior to award of the Contract.

10.02 Acknowledge receipt of all Addenda by filling in the date of each Addendum on the Proposal Form.

Provide a signature as indicated to verify that the Addenda were received. A Proposal that does not acknowledge the receipt of all Addenda may be considered non-responsive.

10.03 Execute the Proposal as indicated on the Proposal Form and include evidence of authority to sign.

Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Proposal in the Proposal Form.

10.04 Prepare the Proposal Form by completing all information for the Project with regard to the Proposed

Contract Price and Proposed Contract Time.

11. Delivery of Proposals

11.01 Sealed Proposals (one original hardcopy and one electronic on USB) must be delivered to the District at the address below no later than 10:00 am CST on Thursday, July 30, 2026 to be accepted. Proposals received after this time will be returned unopened. Address Proposals to the District as follows:

Upper Brushy Creek WCID

Attn: Proposal - Dam No. 16 Aux Cutoff Wall

460 Texas Avenue

Round Rock, Texas 78664

11.02 Proposals must be complete and delivered along with all required documents identified in the

Proposal Documents (both the hardcopy and the electronic files on the USB).

11.03 Proposals must be enclosed in an opaque sealed envelope plainly marked with the Project name and the name and address of Offeror, along with the Proposal Security and other required documents. If the Proposal is sent by mail or other delivery system, enclose the sealed envelope containing the

Proposal in a separate envelope plainly marked on the outside with the notation “PROPOSAL

ENCLOSED.” Address the outer envelope to the mailing address shown in Paragraph 11.01.

11.04. Offerors assume full responsibility for ensuring that their Proposals arrive at the prescribed location before the prescribed time. Note that the District is only open on Tuesdays, Wednesdays and

Thursdays for delivery (closed each day from 12:00 to 1:00 PM).

12. ModificaƟon of Withdrawal of Proposals

12.01 Unopened Proposals may be withdrawn using a document duly executed in the same manner that

Proposals must be executed and delivered to the place where Proposals are to be submitted prior to the date and time for the opening of Proposals. Upon receipt of such notice, the unopened Proposal will be returned to Offeror.

12.02 An Offeror that wishes to modify its Proposal prior to the date Proposals are opened must withdraw the initial Proposal and submit a new Proposal prior to the date and time for the opening of

Proposals.

12.03 An Offeror may withdraw its Proposal within 24 hours after the date Proposals are opened if Offeror files a signed written notice with the District and promptly thereafter demonstrates to the reasonable satisfaction of the District that there was a material and substantial mistake in the preparation of its Proposal. The Proposal Security will be returned if it is clearly demonstrated to the

District that there was a material and substantial mistake in Offeror’s Proposal. An Offeror that requests to withdraw its Proposal under these conditions may be disqualified from responding to a reissued Request for Proposals for the Work to be furnished under these Contract Documents.

13. Opening of Proposals

13.01 Proposals will be opened at the time and place indicated in Paragraph 12.01. The District will publicly acknowledge receipt of Proposals received in time to be considered and then open and read aloud the names of the Offerors and any monetary proposals made as required by Tex. Gov’t Code Chapter

2269.

14. Proposals to Remain Subject to Acceptance

14.01 All Proposals will remain subject to acceptance for 90 calendar days, unless withdrawn per Article 12 of this Section. The District may, at its sole discretion, release any Proposal and return the Proposal

Security prior to the end of this period.

15. EvaluaƟon of Proposals

15.01 Selection of the Contractor will be made using a competitive sealed proposal process in accordance with Tex. Gov’t Code Chapter 2269. Proposals will be evaluated using the following criteria and weighting per Article 1 “Requests for Proposals” of this Section.

15.02 The Project Team will evaluate and rank each Proposal with respect to the selection criteria within

45 days after the date Proposals are received using procurement procedures that conform to Tex.

Gov’t Code Chapter 2269. Proposals will be evaluated based on the evaluation criteria as indicated in this Section. In evaluating Proposals, the Project Team will consider whether or not the Proposals comply with the prescribed requirements, and such alternatives, prices, and other data, as may be requested in the Proposal Form or may be requested from Offerors prior to a Notice of Award.

15.03 The Project Team will consider the proposed Contract Price and the qualifications of the Offerors to determine which Proposal offers the best value to the District. Proposals will be evaluated using the information submitted in the Proposal Form and the information submitted as required by Section

Article 16 “Evaluation Criteria.”

15.04 The Project Team may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

15.05 Submission of a Proposal indicates Offeror’s acceptance of the evaluation technique and methodology as well as Offeror’s recognition that some subjective judgments must be made by the

Project Team during the evaluation. Each Offeror agrees to waive any claim it has or may have against the Project Team and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Proposal.

15.06 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Proposal, the District has not and does not waive its sovereign immunity from suit and/or liability.

16. EvaluaƟon Criteria

16.01 Rating Category A - Proposed Contract Price: 50% Weighting

A. The Project Team will consider the Offeror’s proposed Contract Price and demonstrated ability to complete projects for the Contract Price.

B. The Contract Price will be used in the best value determination and will be the Contract Price awarded unless this amount is changed during negotiations between the District and the Successful

Offeror. Negotiations, if any, will be conducted in accordance with Texas Gov’t Code Chapter 2269 and will only be for changes in scope and associated changes in Contract Time or Contract Price.

16.02 Rating Category B - Proposed Key Personnel: Experience and Qualifications: 25% Weighting

The Project Team will give consideration to the experience and qualification of the proposed project manager, project superintendent, safety manager, and quality control manager (key personnel, one person may serve in multiple roles) for this Project, including, but not limited to:

1. Time (years) with the Company;

2. Education, training, and personal experience in delivering similar projects while serving in the capacity for which they are being proposed; and

3. Availability and commitments to other projects.

16.04 Rating Category C - Project Approach, Past Performance and Contract Times: 25% Weighting

A. The Project Team will give consideration to the Company’s approach to constructing the Project.

In describing the Company’s approach to constructing the Project, include the proposed equipment and methods to install the cut-off wall and minimize the time the dam is susceptible to flood risk from the auxiliary spillway being under construction.

B. The Project Team will give consideration to past performance of Company as a company, including, but not limited to::

1. Offeror’s current experience and performance on similar projects within the last 5 years;

2. Organization’s operating philosophy and approach to managing changes in project scope;

3. Financial stability and approach to financial management of projects;

4. Safety programs and past safety performance; and

5. Past experience on billing, claims and litigation.

C. The Project Team will consider the Proposed Contract Times. Consideration will also be given to the demonstrated ability of the Company to complete projects on time, resources available for this

Project and the Company’s capacity.

17. ConfidenƟality of Proposal InformaƟon

17.01 The District is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Offerors.

Proposals will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Offerors and keeps the Proposals from the public until a contract is awarded. The District will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

17.02 Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet or on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate for the rest of the Proposal.

17.03 The District, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Offeror of the request and request a ruling by the Texas Attorney

General as to whether any such information may be released as required by Chapter 552.

17.04 Offeror acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Chapter 552 and that if disclosure is required, the

District has no liability for releasing this information and Offeror will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.

17.05 The obligations of the District as recipient with respect to confidential information under the terms of the Agreement are subject to the following exceptions:

A. If confidential information becomes a part of the public domain through publication or otherwise but through no fault of the District;

B. The District can demonstrate through suitable documentation that the confidential information was already in the District’s possession or otherwise publicly available prior to the date of disclosure hereunder;

C. The confidential information is subsequently disclosed to the District by a third party who has a lawful right to disclose such information; or

D. The District is required to disclose the confidential information by court order or by applicable law or by directive or determination made by the Texas Attorney General.

17.06 If a request for disclosure is made to the District, or it becomes legally compelled or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by the

Agreement, the District will provide Offeror with prompt notice of this request.

18. Award of Contract

18.01 Offeror selected for award of the Contract will be Offeror whose Proposal provides the best value to the District based on the selection criteria and ranking. The District is not bound to accept the lowest priced Proposal if it determines that the Proposal does not provide the best value to the District. If the District determines that it is unable to reach a contract satisfactory to the District with the selected Offeror, then the District will terminate discussions with the selected Offeror and proceed to the next Offeror in order of selection ranking until an agreement is reached or the District has rejected all Proposals.

18.02 The District reserves the right to reject any and all Proposals, including without limitation, nonconforming, non-responsive, or conditional Proposals; to reject the Proposal of any Offeror if the

District believes that it would not be in the best interest of the District to make an award to that

Offeror; and the right to waive all formalities.

18.03 More than one Proposal for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Offeror has an interest in more than one Proposal for the Work will be cause for disqualification of that Offeror and the rejection of all Proposals in which that Offeror has an interest.

18.04 Evaluation scoring will be made public no later than seven (7) days after the contract is awarded.

Submit requests for this information to the District to info@UBCdams.org.

19. Basis of Proposal

19.01 Offerors must submit a Proposal on a lump sum price basis as set forth on the Proposal Form.

19.02 Offeror acknowledges that any estimated quantities are not guaranteed, and final payment will be based on the lump sum submitted on the Proposal Form, except as provided by any Contract changes as outlined in the Contract Documents.

20. Time for CompleƟon

20.01 The Work is required to be substantially complete and complete and ready for final payment in the times proposed for the successful Offeror and in accordance with the Agreement and General

Conditions.

21. Liquidated Damages, Retainage and Interest

21.01 Provisions for liquidated damages and the payment of retainage and interest are set forth in the

Agreement and General Conditions.

22. Bonds and Insurance

22.01 Performance, payment and maintenance bonds will be required for this Project. Bonds must be provided as specified in the Agreement and General Conditions and comply with the provisions of

Tex. Gov’t Code Chapter 2253. Administration of these bonds will conform to Chapter 2253 and the provisions of the Contract Documents.

22.02 Insurance will be required as specified in the Agreement and General Conditions.

22.03 When the Successful Offeror delivers the executed Agreement to the District, it must be accompanied by the required bonds and required evidence of insurance.

23. Sales and Use Taxes

23.01 The District generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any local or state sales or use taxes, however certain items such as rented equipment may be taxable even though the District is a tax-exempt agency. Offerors assume responsibility for including any applicable sales taxes in their Proposals and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

23.02 It is the District’s intent to have this Contract qualifies as a “separated contract.” In order for this

Contract to qualify:

A. Obtain a sales tax permit from the State of Texas Comptroller if awarded this Contract.

B. Identify the dollar value of materials exempt from the sales tax. This information must be reported the Proposal Form (Exhibit A). Proposals that do not include this information may be considered non-responsive.

24. Wage Rates

24.01 This Contract is subject to Tex. Gov’t Code Chapter 2258 concerning payment of prevailing wage rates. The District utilizes the prevailing wage rate as determined by the United Stated Department of Labor in accordance with the Davis-Bacon Act and its subsequent amendment. The current

General Decision Number TX 20260007 (05/18/2026) is the schedule listing the minimum wage rates for various classifications of laborers for this Project. Offerors will be required to pay at least the minimum wages shown on this list and comply with all applicable Laws and Regulations related to the payment of prevailing wage rates.

25. Signing of the Agreement

25.01 The Notice of Award to the Successful Offeror will be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are identified in the Agreement. The Successful Offeror must sign and deliver the required number of counterparts of the Agreement and attached documents to the District within 15 days. The District will deliver one fully signed counterpart to the Successful Offeror within 10 days after receiving the signed documents from the Successful Offeror.

25.02 Successful Offeror must complete and submit a Certificate of Interested Parties (Texas Ethics

Commission Form 1295) to the District, using the Unique Certificate Identifier provided in the Notice of Award, with the signed Agreement as required by Tex. Gov’t Code Chapter 2252 along with its W9 form and electronic banking information.

25.03 If not submitted with the Proposal, the Successful Offeror must submit written documentation of its authority to do business in Texas no later than the date of its execution of the Agreement.

PROPOSAL FORM

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Project No.

Project

Engineer

Contractor

Item No. Item Description Unit Estimated

Quantity Unit Price

Extended

Amount 1 Dam 16 Auxiliary Spillway Cutoff Wall LS 1

Contractor Agrees to Reach Substantial Completion in calendar days

Time Between Substantial Completion and Final Completion 30 calendar days

Contractor:

Signature:

Printed Name:

Title:

Date:

Texas Tax Certification

Acknowledgement of Addenda:

Addendum #1 signature date

Addendum #2 signature date

Addendum #3 signature date

Contractor hereby certifies that the Contract Price offered is divided as follows:

Tax exempt products, materials, and services (See Notes 1 and 2)

Taxable products, materials, and services (See Note 3)

Total (See Note 4)

Notes:

1. Exempt products and materials are those items purchased for the Project which are physically incorporated into the facilities constructed for the District or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition, products and materials are completely consumed if after being used once for its intended purpose it is used up or destroyed. Products and materials rented or leased for use in the performance of the Work cannot be completely consumed for the purposes of this definition.

2. Exempt services are those services performed at the Site where the Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service is integral to the performance of the Work.

3. Products, materials, and services are not tax exempt if they are used by the Contractor but are not physically incorporated into the District's facilities or are not consumed by construction as defined above. Machinery or equipment and its accessories and repair and replacement parts used in the performance of the Work are not exempt.

4. The total sum of the amount for tax exempt and taxable products, materials, and services must equal the Contract Price.

PROPOSAL SUBMITTED BY:

Contract Times

Total Offer (Sum of Extended Amounts for each Offer Line Item)

Dam 16 Auxiliary Spillway Cutoff Wall

HDR Engineering, Inc

Upper Brushy Creek Water Control and Improvement District

UBC16A

Dam 16 - Aux Spwy Cutoff Wall Proposal Form July 2026Page 15

BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Project Owner Physical address (principal place of business):

Name: Upper Brushy Creek Water Control and Improvement District (District)

Mailing address (principal place of business):

460 Texas Avenue

Round Rock, Texas 78664 Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporaƟon:

Project Name: By submiƫng this bond, Surety affirms it is authorized to do business and licensed to execute bonds in Texas.

Dam 16 Auxiliary Spillway Cutoff Wall

Williamson County, TX Local Agent for Surety

Bid/Proposal Due

Date:

7/30/2026 Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5 percent of the Contract Price offered

Date of Bond: Telephone

(Main):

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly executed on its behalf by its authorized officer, agent, or representaƟve. The Offeror and

Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condiƟon of this obligaƟon is such that if the District accepts Offeror’s Proposal and Offeror delivers the executed Agreement and the required bonds and evidence of insurance within the Ɵme sƟpulated in the Proposal Documents this obligaƟon is null and void. Payment under this bond will be due and payable upon default by Offeror and within 30 calendar days aŌer receipt by Offeror and Surety of wriƩen noƟce of default from the District. Venue lies exclusively in Williamson County, Texas for any legal acƟon.

Offeror as Principal Surety

Signature: Signature:

Name: Name:

Title: Title:

Email: Email:

(AƩach Power of AƩorney)

END OF SECTION

NON-COLLUSION CERTIFICATION

STATE OF §

COUNTY

OF §

Project

Owner: Upper Brushy Creek Water Control and Improvement District

460 Texas Avenue

Round Rock, Texas 78664

Contract: Dam 16 Auxiliary Spillway Cutoff Wall

Offeror cerƟfies that it has not been a party to any collusion among Offerors in the restraint of freedom of compeƟƟon by agreement to submit a Proposal at a fixed price or to refrain from submiƫng a Proposal; or with any official or employee of the project owner as to quanƟty, quality, or price in the prospecƟve contract, or any other terms of said prospecƟve contract; or in any discussion between Offerors and any official of the project owner concerning exchange of money or other thing of value for special consideraƟon in the leƫng of a contract.

CerƟfied this day of 20 .

Offeror:

(typed or printed name of organizaƟon)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Business Address:

Phone: Email:

(AƩach evidence of authority to sign if Offeror is a corporaƟon, partnership, or a joint venture.)

CONFLICT OF INTEREST QUESTIONNAIRE

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CERTIFICATION OF PROPOSAL

OFFEROR’S ACKNOWLEDGMENTS

Offeror proposes and agrees, if this Proposal is accepted, to enter into an agreement with the District on the form included in the Contract Documents and to perform all

Work specified or indicated in Contract Documents for the Contract Price indicated in this Proposal or as modified by Contract Amendment. Offeror agrees to complete the

Work within the Contract Times established by the Agreement or as modified by

Contract Amendment and comply with all other terms and condiƟons of the Contract

Documents.

Offeror accepts all of the terms and condiƟons of the Agreement and General

CondiƟons.

OFFEROR’S REPRESENTATIONS

Offeror is authorized to conduct business in the State of Texas or will obtain said authority prior to award of the Contract.

Offeror has examined and carefully studied the Contract Documents and the other related data idenƟfied in the Proposal Documents.

Offeror has visited the Site and become familiar with and is saƟsfied as to the general, local, and Site condiƟons that may affect cost, progress, and performance of the Work.

Offeror is familiar with Laws and RegulaƟons that may affect cost, progress, and performance of the Work.

Offeror has carefully studied the following Site-related reports and drawings.

Offeror has considered the:

A. InformaƟon known to Offeror;

B. InformaƟon commonly known to contractors doing business in the locality of the Site;

C. InformaƟon and observaƟons obtained from visits to the Site; and

D. The Contract Documents.

Offeror has considered the items idenƟfied in this ArƟcle with respect to the effect of such informaƟon, observaƟons, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construcƟon to be employed by Offeror; and

C. Offeror’s safety precauƟons and programs.

Offeror agrees that no further examinaƟons, invesƟgaƟons, exploraƟons, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and condiƟons of the Contract

Documents based on the informaƟon and observaƟons referred to in the preceding paragraphs.

Offeror is aware of the general nature of Work to be performed by the District and others at the Site that relates to the Work as indicated in the Contract Documents.

Offeror has correlated the informaƟon known to Offeror, informaƟon and observaƟons obtained from visits to the Site, reports and drawings idenƟfied in the Contract

Documents, and all addiƟonal examinaƟons, invesƟgaƟons, exploraƟons, tests, studies, and data with the Contract Documents.

Offeror has given the Project Team wriƩen noƟce of all conflicts, errors, ambiguiƟes, or discrepancies that Offeror has discovered in the Contract Documents, and the wriƩen resoluƟon provided by the Project Team is acceptable to Offeror.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and condiƟons for performance and furnishing of the Work.

Offeror’s submiƩal of a Proposal consƟtutes an incontroverƟble representaƟon that, without excepƟon, all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

CERTIFICATION

By submiƫng this QualificaƟons Statement and related informaƟon, Offeror cerƟfies that it has read this QualificaƟons Statement and that Offeror’s responses are true and correct and contain no material misrepresentaƟons, and that the individual signing below is authorized to make this cerƟficaƟon on behalf of Offeror’s organizaƟon.

Offeror: ____________________________________________________________

(typed or printed name of organizaƟon)

Signature: ____________________________________________________________

(individual’s signature)

Name: ____________________________________________________________

(typed or printed)

Title: ____________________________________________________________

(typed or printed

AƩest: ____________________________________________________________

(individual’s signature)

Designated RepresentaƟve:

Name: ____________________________________________________________

Title: ____________________________________________________________

Address for giving noƟces:

Phone: ____________________ Email: __________________________________________

(AƩach evidence of authority to sign if Offeror is a corporaƟon, partnership, or a joint venture.)