ESBD_1128012026_26-21 SPECS Porter Park rebid.pdf

Montgomery County Specification Download Acknowledgement

Invitation to Bid

Porter Park Phase 1 Site Package Project #26-21 For

Community Development SPECS

VENDORS MUST IMMEDIATELY RETURN THIS FORM BY EMAIL: purchasing@mctx.org

Vendor Responsibilities o Vendors must download and complete any addenda o Vendors must submit responses in accordance with requirements stated on cover of document o Vendor must submit 1295 form with Bid/Proposal

Detailed information regarding 1295 can be found under item 2.12 B in the attached Terms and Conditions.

Texas Ethics Commission website for 1295:

https://ethics.state.tx.us/filinginfo/1295/

For completing the 1295:

Contract ID: 5663 Description: Project #26-21

Montgomery County will not be responsible for inaccurate or incomplete specifications and/or addenda pertaining to any bid/proposal that is received electronically.

Legal Name of Contracting Company

Contact Person

Complete Mailing Address

Telephone Number Email Address

Signature Date mailto:purchasing@mctx.org https://ethics.state.tx.us/filinginfo/1295/

TABLE OF CONTENTS

Note: Any reference to bid/proposal is interchangeable with competitive sealed proposal throughout this document. Any reference to bidder means bidder/proposer/offeror.

PAGE

BID PACKAGE CHECK LIST

MONTGOMERY COUNTY RESPONSE REQUIREMENTS

SPECIAL NOTE

NOTICE TO ALL BIDDERS

CONTRACT

ACKNOWLEDGEMENT

RESIDENCE CERTIFICATION

PAYMENT BOND

PERFORMANCE BOND

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATE

CHANGE ORDER

CONTRACTOR ACKNOWLEDGEMENT OF STORM WATER MANAGEMENT

PROGRAM

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3

REFERENCES/VERIFICATION

PREVAILING WAGES

MONTGOMERY COUNTY GENERAL PROVISIONS:

SECTION 1 DEFINITION OF TERMS

SECTION 2 INSTRUCTIONS TO BIDDERS

SECTION 3 AWARDS AND EXECUTION OF CONTRACT

SECTION 4 INSURANCE AND INDEMNIFICATION

SECTION 5 PREVAILING WAGE RATE TO BE MAINTAINED

SECTION 6 AUTHORITY OF ENGINEER

SECTION 7 PROSECUTION OF THE WORK

SECTION 8 ALTERATION OF CONTRACT

SECTION 9 CONTRACT TIME AND DAMAGES FOR DELAY

SECTION 10 PAYMENTS AND ACCEPTANCE

SECTION 11 WARRANTIES

SECTION 12 GENERAL

SECTION 13 BID REQUIREMENTS

SECTION 14 COMMUNITY DEVELOPMENT REQUIREMENTS

SECTION 15 APPLICABLE LAWS AND REGULATIONS

SECTION 16 FEDERAL LABOR STANDARD PROVISIONS

SECTION 17 CONTRACTOR’S LOCAL OPPORTUNITY PLAN

SECTION 18 PROJECT SIGN REQUIREMENTS

SECTION 19 BUY AMERICA CERTIFICATION

SECTION 20 APPLICABLE FEDERAL LAWS AND REGULATIONS

VENDOR FORMS

PORTER PARK PHASE 1 SITE PACKAGE SPECIFICATIONS

BID PACKAGE CHECK LIST

Only items marked with an “X” are applicable to this bid.

Bidders should review the package thoroughly.

If additional information is needed, contact Montgomery County Purchasing Dept. at 936-539-7980.

Bidder must check each task as it is completed.

Include this form with the appropriate bid documents.

Required Required

X

BID FORMS

Must be completed and signed in ink. Failure to do so may cause response to be rejected.

X Bidder/Offeror Self Certification

X Document A3 BID FORM X Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

X Contract X Certificate of Independent Price Determination

X Acknowledgement X Israel Boycott Statement

X Residence Certification X Conflict of Interest Questionnaire (CIQ)

X Non-Collusion Affidavit and Debarment Certification X Antitrust Certification Statement

X Contractor Acknowledgement of Storm Water Management Program

X Disclosure of Interested Parties (Form 1295)

X Section 3 forms: Notice of Section 3 Requirements;

Certification for Business Concerns; Plan;

HUD Section 3 Strategy Plan

Ethics Training* completed and Certificate of Completion included with proposal response *click on link to complete training

X References/Verification

X Contractor’s Local Opportunity Plan

X

BID BOND REQUIREMENTS

This Bond applies to certain Bids as stated in Montgomery County Terms and Conditions

X Buy America Certification

X Certification Regarding Lobbying

X

GENERAL REQUIREMENTS AND

TERMS

Respondent should be familiar with all General Requirements and Terms

X Build America, Buy America Act (BABAA) Self- Certification

X Vendor Information Form

SUBMITTING PROCEDURE

Company Name Project Number Opening Date Project Title

X W-9 submittal

AFTER AWARD IS MADE, THE FOLLOWING DOCUMENTS MUST BE PROVIDED

Check if you are prepared to provide these after award, as required.

Required Required

X TEST REPORTS X SAFETY DATA SHEETS

X

PERFORMANCE BOND

REQUIREMENTS

This Bond applies to bids that exceed $100,000 as stated in the Montgomery County Terms and Conditions.

PAYMENT BOND REQUIREMENTS

This Bond applies to bids that exceed $25,000 as stated in the Montgomery County Terms and Conditions.

INSURANCE INFORMATION

Required Required

X

WORKERS’ COMPENSATION

Check if you are prepared to provide this after award, as required, if applicable.

ACTIVE VENDOR

Check here only if your company has conducted business with Montgomery County within the past year; AND all current insurance certificates are on file at this time

AUTOMOBILE LIABILITY

GENERAL AND PROFESSIONAL

LIABILITY

It is the Respondent’s responsibility to be thoroughly familiar with all Requirements and Specifications.

COMPANY NAME

https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php

RESPONSE REQUIREMENTS

Bidders/Proposers shall fill out the following Bid/Proposal Form in its entirety. Failure to do so may result in disqualification.

(1) BIDDERS/PROPOSERS MUST SUBMIT NUMBER OF COPIES SPECIFIED PER THE INVITATION TO

BID/PROPOSE.

(2) BIDDERS/PROPOSERS MUST FILL IN AND SIGN THE ATTACHED CONTRACT. IF MONTGOMERY

COUNTY HAS A COPY OF BIDDER’S/PROPOSER’S ASSUMED NAME CERTIFICATE, DBA (DOING

BUSINESS AS) CERTIFICATE, OR CORPORATE CERTIFICATE. IN ORDER FOR YOUR

BID/PROPOSAL TO MEET MONTGOMERY COUNTY BID/PROOPSAL REQUIREMENTS, THE COUNTY

MUST HAVE, IN OUR RECORDS, THE ABOVE MENTIONED CERTIFICATES.

(3) NO BID/PROPOSAL WILL BE ACCEPTED AFTER THE SPECIFIED DUE DATE AND TIME.

(4) PRICES WILL REMAIN FIRM FOR THE DURATION OF THIS CONTRACT. PRICES SHALL BE ALL

INCLUSIVE. ANY PRICE NOT SHOWN ON THIS CONTRACT WILL NOT BE HONORED FOR

PAYMENT WHEN SUBMITTED BY VENDOR.

(5) MONTGOMERY COUNTY RETAINS THE RIGHT TO IMMEDIATELY CANCEL ANY AGREEMENT

BETWEEN THE PARTIES HERETO, SHOULD GOODS, MATERIALS, OR SERVICES SUPPLIED BY THE

BIDDER/PROPOSER NOT MEET SPECIFICATIONS.

(6) MONTGOMERY COUNTY MAY REQUEST BIDDER/PROPOSER TO PROVIDE, BEFORE AWARD,

CERTIFICATES OF INSURANCE RELATING TO THE FOLLOWING CATEGORIES OF INSURANCE, IF

REQUIRED BY LAW:

A) WORKERS’ COMPENSATION

B) COMPREHENSIVE GENERAL LIABILITY INSURANCE

C) AUTOMOBILE LIABILITY INSURANCE

(7) VENDOR AWARDED CONTRACT SHALL BE REQUIRED TO SUBMIT A LIST OF ALL

SUBCONTRACTORS.

(8) TENTATIVE SCHEDULE OF EVENTS:

• Release of Bid: Tuesday, January 20, 2026

• Pre-Bid Meeting: Wednesday, January 28, 2026 at 10:00 am

• Deadline for Questions: Thursday, February 5, 2026 by 2:00 pm

• Submission Due Date: Wednesday, February 18, 2026 by 2:00 pm

• Commitment for Award is contingent upon the satisfactory completion of the environmental review and receipt of the

Authority to Use Grant Funds.

THE COMMISSIONERS’ COURT OF MONTGOMERY COUNTY RESERVES THE RIGHT TO AWARD THIS

CONTRACT TO THE BIDDER/PROPOSER WHO PROVIDES THE LOWEST, BEST, AND MOST RESPONSIBLE

BID/PROPOSAL, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALTERNATE

BIDS/PROPOSALS WILL NOT BE ACCEPTED.

THE COMMISSIONERS’ COURT FURTHER RESERVES THE RIGHT TO WAIVE ANY FORMALITY OR

IRREGULARITY, TO REJECT ALL BIDS/PROPOSALS, OR REQUIRE NEW BIDS/PROPOSALS, IF IN THE BEST INTEREST OF THE COUNTY. BY LAW, MONTGOMERY COUNTY IS NOT OBLIGATED TO ACCEPT A NON-

COMPLIANT LOW BID/PROPOSAL.

ALL MONTGOMERY COUNTY STANDARD TERMS AND CONDITIONS WILL APPLY UNLESS

SPECIFICALLY ADDRESSED IN THIS INVITATION TO BID/PROPOSAL.

MONTGOMERY COUNTY RESERVES THE RIGHT TO MAKE AN AWARD ON AN “ALL OR NONE” BASIS.

Failure or inability to adhere to any of the preceding requirements may serve as the basis for disqualification.

SPECIAL NOTE

IF SUBCONTRACTORS ARE UTILIZED FOR ANY JOB ORDER, A LIST OF THE

SUBCONTRACTORS, ALONG WITH NAME AND PHONE NUMBER, SHALL BE

PROVIDED BY THE GENERAL CONTRACTOR AFTER THE AWARD OF THE

CONTRACT AND PRIOR TO THE COMMENCEMENT OF WORK. THIS LIST

SHALL BE DELIVERED TO THE FOLLOWING ADDRESS:

MONTGOMERY COUNTY COMMUNITY DEVELOPMENT

STACEY DOANE

501 N. THOMPSON, SUITE 200

CONROE, TEXAS 77301

NOTICE TO ALL BIDDERS

Texas Department of Insurance – Division of Workers’ Compensation (DWC) has adopted amended Rule 28 TAC §110.110 required notices of coverage with all solicitations advertised after November 24, 2015.

The DWC has stated that it is aware that statutory requirements for Workers’ Compensation Insurance Coverage are not being met. Rule §110.110 is designed to achieve compliance from both Contractor and governmental entities. This affects both of us on this project.

Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the coverage, may subject the Contractor(s) or other persons providing services on this project to legal penalties. This affects your Subcontractors.

Please read carefully and prepare your Bid/Proposal in full compliance to DWC Rule §110.110. Failure to provide the required certificates, upon submission of a Bid/Proposal, could result in your Bid/Proposal being declared “Non- Responsive”.

According to DWC, “This rule does not create any duty or burden on anyone which the law does not establish.” Therefore, the County should not experience any increase in cost because of the need to comply with the Texas Workers’ Compensation Laws.

Kelly Vidal, CPPO, CPPB, NIGP-CPP Purchasing Agent

C O N T R A C T

THE STATE OF §

COUNTY OF §

THIS AGREEMENT is made this day of , 2026, by and between Montgomery County, Texas, a political subdivision of the State of Texas, hereinafter called, “County” and a, whose principal place of business is located at , and is hereinafter called “Contractor.”

WHEREAS, the County Commissioners' Court did on award to Contractor a contract for supplying Project #26-21 Porter Park Phase I Site Package for Community Development in quantities and at the prices therein set out; and

WHEREAS, Contractor has agreed to provide services in conformity with the plans and specifications and to supply all necessary labor and materials at the prices set forth in the bid/proposal form submitted by Contractor and incorporated into this Agreement.

NOW THEREFORE be it agreed by County and contractor as follows:

1. The following documents attached hereto and accompanying this agreement are incorporated herein, and the provisions set forth therein shall become a part of this agreement:

a. Notice to Bidders/Proposers

b. Contractor’s Bid/Proposal Form

c. General Provisions and Attachments

d. Special provisions

e. Technical Provisions including all Plans, Specifications and Technical Requirements

f. Contractor’s Performance and Payment Bonds

g. HUD Section 3 Contracting Policy and Procedure, where applicable

h. All other documents included in the bid/proposal packet applicable to the services performed hereunder

2. It is expressly understood and agreed that County has available only the funds appropriated and certified by its County Auditor for the purpose of satisfying County's obligations under the terms and provisions of this Agreement; and, notwithstanding anything to the contrary or that may be construed to the contrary, the maximum liability of County is limited to said appropriated and certified funds. Should County, with or without cause, fail or refuse to pay Contractor any amounts alleged by Contractor to be due under this Agreement, or fail or refuse to appropriate funds as may be necessary to complete the contract work, then the sole and exclusive remedy of Contractor shall be to terminate this Agreement and take possession of any goods or materials not used in furtherance of the contract work or previously paid for by County and/or to seek compensation as provided by strict interpretation of the Agreement for labor, goods, materials and equipment used for purposes of the contract work prior to termination of the Agreement.

3. This Agreement, including all documents specifically incorporated herein, constitute the whole agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both Parties.

Effective as of the date first written herein above.

CONTRACTOR

SIGNATURE:

PRINT NAME:

TITLE:

COMPANY:

(If this Contract is with a Corporation, it must be executed by an officer thereof and the seal of the Corporation impressed.)

MONTGOMERY COUNTY, TEXAS

BY:

COUNTY JUDGE

ATTEST:

COUNTY CLERK

AUDITOR’S CERTIFICATE

I do certify that funds are available in the amount of to pay the obligation of County under and within the foregoing agreement.

SIGNED this day of , 20 .

COUNTY AUDITOR

ACKNOWLEDGMENT*

CORPORATE

BEFORE ME, the undersigned authority, this day personally appeared , known to me to be the of the Corporation, who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated as the authorized act and deed of said Corporation.

NOTARY PUBLIC

Printed Name

Commission Expires:

PARTNERSHIP

BEFORE ME, the undersigned authority, this day personally appeared , a General Partner of the Partnership, who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated as the authorized act and deed of said Partnership.

Printed Name:

ACKNOWLEDGMENT CONTINUED

INDIVIDUAL OR SOLE PROPRIETORSHIP

BEFORE ME, the undersigned authority, this day personally appeared , an individual doing business as , who being by me first duly sworn, deposed and said that he/she had executed the above and foregoing Document in the capacity stated and for the purposes and consideration set forth therein.

Printed Name

Commission Expires

*(EXECUTE APPROPRIATE ACKNOWLEDGMENT FOR CORPORATION, PARTNERSHIP OR

INDIVIDUAL CONTRACTOR.)

RESIDENCE CERTIFICATION

In accordance with Chapter 2252 of the Government Code, the following will apply. The pertinent portion has been extracted and is as follows:

Sec. 2252.001 DEFINITIONS

(3) "Nonresident bidder" refers to a person who is not a resident.

(4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Sec. 2252.002 AWARD OF CONTRACT TO NONRESIDENT BIDDER

A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in:

(1) the state in which the nonresident's principal place of business is located; or

(2) a state in which the nonresident is a resident manufacturer.

I certify that is a Resident Bidder as defined Government Code 2252 and our principal place of business is in

CITY AND STATE

Signature:

Print Name:

Title:

I certify that is a Nonresident Bidder as defined in Government Code 2252 and our principal place of business is in . (City and State)

Signature:

Print Name:

PAYMENT BOND

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS:

THAT of the City of , County of , and State of as Principal, and , authorized under the Laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto the County Judge of Montgomery County, Texas, and his duly qualified successors in office, in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written Contract with the County, dated the day of , 20 , for construction of a Public Works Project, generally described as , which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION TO THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect;

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

PRINCIPAL SURETY

BY: BY:

TITLE: TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

EMAIL: EMAIL:

The Name and Address of the Resident Agent of Surety is:

(Attach Power of Attorney evidencing Surety Signatory’s authority to execute on behalf of Surety.)

PERFORMANCE BOND

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS:

THAT of the City of , County of , and State of as Principal, and , authorized under the Laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto the County Judge of Montgomery County, Texas, and his duly qualified successors in office, in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written Contract with the County, dated the day of , 20 , for construction of a Public Works Project, generally described as , which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, and faithfully perform the work in accordance with the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise, it shall remain in full force and effect;

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 .

PRINCIPAL SURETY

BY: BY:

TITLE: TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

EMAIL: EMAIL:

The Name and Address of the Resident Agent of Surety is:

(Attach Power of Attorney evidencing Surety Signatory’s authority to execute on behalf of Surety.)

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATION

INDIVIDUAL DOING BUSINESS UNDER A CONTRACTOR NAME

The prequalified Bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of “free competitive bidding” in connection with any Bid or contract, and that the prequalified Bidder intends to do the work with his own bonafide employees or subcontractors and will not submit a Bid for the benefit of another Contractor.

By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

SIGNATURE OF PREQUALIFIED BIDDER

Name of Prequalified Bidder

Print or type individual name

Trading and doing business as Print or type Contractor name

Address as Prequalified

Witness Signature of Prequalified Bidder, Individually

Print or type witness' name Print or type signer's name

AFFIDAVIT MUST BE NOTARIZED

NOTARY SEAL

Subscribed and sworn to before me this the day of 20 .

Signature of Notary Public of County

State of

My Commission Expires:

NON-COLLUSION AFFIDAVIT AND DEBARMENT CERTIFICATION CONTINUED

CORPORATE ENTITIES DOING BUSINESS UNDER A CONTRACTOR NAME

The prequalified Bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of “free competitive bidding” in connection with any Bid or contract, and that the prequalified Bidder intends to do the work with his own bonafide employees or subcontractors and will not submit a Bid for the benefit of another Contractor.

By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

SIGNATURE OF PREQUALIFIED BIDDER

Name of Prequalified Bidder

Print or type Corporate name

Trading and doing business as Print or type Contractor name

Address as Prequalified

Witness Signature of Prequalified Bidder, Individually

Print or type witness' name Print or type signer's name

AFFIDAVIT MUST BE NOTARIZED

NOTARY SEAL

Subscribed and sworn to before me this the day of 20 .

Signature of Notary Public of County

State of

My Commission Expires:

CHANGE ORDER NO.

PURCHASE ORDER NO.

PROJECT:

CONTRACTOR:

Contractor is directed by County to make the following changes to the Contract Documents.

DESCRIPTION OF CHANGES:

ATTACHMENTS: (List Supporting Documents)

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME

1. Original price: $ Original Time: Days

2. Total of prior change Total of prior change orders: $ orders: Days

3. Total price prior to current Total time prior to change order: $ current change order: Days

4. Total of current change order:$ Total of current change order: Days

5. New price resulting from current change order: $ New time resulting Days from current change order:

AGREED BY:

CONTRACTOR NAME

SIGNATURE: DATE:

TITLE:

APPROVED:

MONTGOMERY COUNTY CONTRACT REPRESENTATIVE

CONTRACTOR ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM

I hereby acknowledge that I am aware of the Storm water Management Program and have been provided an opportunity to review, inspect, or provided a copy of the standard operating procedures developed by Montgomery County, in compliance with the TPDES General Permit No. TXR040000. I agree to comply with all applicable best management practices and standard operating procedures while conducting my services for Montgomery County. I agree to conduct all services in a manner that does not introduce illicit discharges of pollutants to streets, storm water inlets, drainage ditches or any portion of the drainage system.

The following materials and/or pollutant sources must not be discharged to the drainage system as a result of any services provided:

1. Grass clippings, leaves, mulch, rocks, sand, dirt or other waste materials resulting from landscaping activities (except those materials resulting from ditch mowing or maintenance activities;

2. Herbicides, pesticides and/or fertilizers (except those intended for aquatic use);

3. Detergents, fuels, solvents, oils and/or lubricants, other equipment and/or vehicle fluids;

4. Other hazardous materials, including paints, thinners, chemicals or related waste materials;

5. Uncontrolled dewatering discharges, equipment and/or vehicle wash water;

6. Sanitary waste, trash, debris, or other waste products;

7. Wastewater from wet saw machinery; and

8. Other pollutants that degrade water quality or pose a threat to human health or the environment

Furthermore, I agree to notify Montgomery County immediately of any issue caused by, or identified by

(Contractor) that is believed to be an immediate threat to human health or the environment.

Name of Contractor

Signature of Authorized Representative Title

Printed Name Date

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Project

Job No.

On receipt by the signer of this document of a check from (maker of check) in the sum of ($ ) payable to (payee(s) of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of MONTGOMERY COUNTY (owner) located at (location) to the following extent: (job description).

This release covers a progress payment for all labor, services, equipment, and/or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

Date

(Company name)

By (Signature)

(Title)

Sworn to and subscribed before me by on , 20 .

Notary Public in and for the State of Texas My commission expires:

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Project

Job No.

On receipt by the signer of this document of a check from (maker of check) in the sum of ($ ) payable to (payee(s) of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of MONTGOMERY COUNTY (owner) located at (location) to the following extent: (job description).

This release covers a final payment for all labor, services, equipment, and/or materials furnished to the property or to (person with whom signer contracted).

Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

Date

(Company name)

By (Signature)

(Title)

Sworn to and subscribed before me by on , 20 .

Notary Public in and for the State of Texas My commission expires:

HOUSING AND URBAN DEVELOPMENT

(HUD) SECTION 3

CONTRACTING POLICY AND PROCEDURE

INTRODUCTION

The purpose of Section 3 of the Housing and Urban Development (HUD) Act of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low and very-low income individuals, especially recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low income individuals. “Section 3” means Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u.

All Contractors who enter into HUD financed contracts with Montgomery County agree to comply with Section 3, when applicable (see “NOTICE OF SECTION 3 REQUIREMENTS” attached hereto).

This will include:

1. Submitting a list of all positions necessary to complete contract, name of employees who will fill those positions, names of all other employees.

2. Posting notices of any vacant positions, including training and/or apprenticeship positions, qualifications for positions, place where applications will be received and starting date of employment.

3. To the greatest extent possible, making available vacant positions, including training and/or apprenticeship positions, to Section 3 residents (all categories) in order to priority.

4. As positions are vacated during completion of contract, following guidelines enumerated in numbers 2 and 3 above.

5. Submitting Compliance Reports as required.

6. If notified of non-compliance, correcting non-compliance within allowable time period.

Failure to comply with these Section 3 requirements may lead to sanctions, which can include termination of the contract for default and suspension or debarment from future HUD-assisted contracts.

A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern qualifies as a Section 3-business concern (see “CERTIFICATION FOR BUSINESS CONCERNS SEEKING HUD (SECTION 3) PREFERENCE” form attached). Section 3 business must also be able to demonstrate its ability to complete the contract. The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 200.318.

Notice of Section 3 Requirements

The following Section 3 Requirements, based on the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3), are incorporated herein and shall become a part of this agreement:

A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project.

B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Part CFR 75, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

D. The contractor will include this section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 75. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

E. Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of the Department, issued thereunder prior to execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the application or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or load agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 75.

F. Noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation’s compliance with section 7(b).

Contracting Officer’s Signature Date Title

CERTIFICATION FOR BUSINESS CONCERNS

SEEKING HUD (SECTION 3) PREFERENCE IN CONTRACTING

AND DEMONSTRATION OF CAPABILITY

Name of Business:

Address of Business:

Type of Business: Corporation Partnership Sole Proprietorship Joint Venture

Attached is the following documentation as evidence of status (circle all that apply and attach to bid/proposal):

For business entity as applicable:

Copy of Articles of Incorporation Certificate of Good Standing Assumed Business Name Certificate Partnership Agreement List of owners/stockholders Corporation Annual Report % ownership of each

Latest Board minutes appointing officers Organization chart with names and titles Additional documentation and brief function statement

For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business:

List of subcontracted Section 3 businesses and subcontract amount

For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business:

List of all current full-time employees List of employees claiming Section 3 status Evidence of Section 3 status less than 3 years from day of employment Evidence of ability to perform successfully under the terms and conditions of the proposed contract:

Current financial statement Statement of ability to comply with public policy List of owned equipment List of all contracts for the past two years

Authorizing Name and Signature

Attested by:

(Corporate Seal)

HUD SECTION 3 Strategy Plan

NAME OF CONTRACTOR:

TITLE OF Bid/Proposal:

Bid/Proposal # OR PURCHASE ORDER#:

The Contractor hereby agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Part CFR 75. A prime contractor, through subcontractors, may satisfy the Hiring Requirements. The contractor hereby submits this Section 3 Strategy Plan.

In the space below, explain the strategy that the Contractor intends to use to comply with the Section 3 training and employment preference, or contracting preference, or both. Attach additional sheets as needed.

In addition, the Contractor shall provide a quarterly status report on the “Montgomery County Community Development Section 3 Compliance Report” form included with this bid/proposal packet. The quarterly status report shall be submitted no later than 5 days after the end of each calendar quarter of the contract (e.g., April 5 for calendar quarter January 1 to March 31).

Acknowledged by:

(President or Authorized Officer)

Date:

Montgomery County Community Development Section 3 Compliance Report

General Information Contractor: Contract Amount: $

Date: Name of Person Completing Form:

Project Information

(1) Does this contract exceed $1000,000, including Subcontractors?

Yes. Section 3 applies to contractors with contract or Subcontract exceeding $1000,000. (Complete remainder of form with respect to your company and all subcontractors)

No. Section 3 applies to Contractor only. (Complete remainder of form with respect to your company)

(2) Indicate the efforts made to direct employment opportunities, to the greatest extent feasible, toward low and very low income persons, particularly those who are recipients of government assistance housing (check all that apply)

[ ] Attempted to recruit low-income residents through local advertising media, signs prominently displayed at the project site, contacting community organizations and public private agencies operating within Montgomery County, or similar methods.

[ ] Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.

[ ] Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns.

[ ] Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project is located.

[ ] Other. Describe:

The data reported in this section must be a compilation of information throughout the contract period pertaining to the contractor and all subcontractors.

Job Category Staff New Hires/Trainees Staff Hours

Total # OF Employees Employees = Section 3 Residents

New Hires/Trainees = Section 3 Residents

Hours for new hires = Section 3

Residents

Hours = Section 3 employees

Labor hours

Professional

Technician

Office/Clerical

Construction by Trade: (list)

Trade:

Trade:

Trade:

Trade:

Trade:

Other:

TOTAL:

I certify that to the best of my knowledge all information reported in this document is true and accurate.

Signature of Authorized Contractor Official Date

For Office Use Only:

1. Percent of employees who are Section 3 Residents:

2. Total of new section 3 hires:

3. Percent of Section 3 employee hours worked by new section 3 hires:

4. Total number of Labor hours:

REFERENCES

References (Bank and Trade) with Addresses, Phone Numbers and Zip Codes:

1.

2.

3.

By:

Name:

Phone:

VERIFICATION

Before me, the undersigned authority, on this day personally appeared , who being by me first duly sworn, deposed and said that he/she has executed the above and foregoing CONTRACTOR'S QUALIFICATION STATEMENT in the capacity stated, as the authorized act of Contractor and that every statement contained therein is within his/her personal knowledge and found to be true and correct.

Sworn to and signed before me this day of , 20 .

Notary Public

Name:

SPECIAL PROVISION

PREVAILING WAGE RATE

This is a "Public Work Project" within the meaning of Chapter 2258, Texas Government Code. The Commissioners’ Court of Montgomery County has ascertained that the rates set out in the Federal Davis Bacon Wage Determinations herby constitute the general prevailing rate of “per diem” wages for the work classifications set out in such Schedule for the general locality of Montgomery County, Texas. Such Schedule sets forth the prevailing wage rate for each craft or type of worker, which includes, by definition, a laborer or mechanic considered necessary to perform the work.

A schedule of the current rates can be found in the link provided below.

The Contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022, Texas Government Code, to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $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. A public body awarding a contract shall specify this penalty in the contract. Such forfeiture shall be made in accordance with the provisions of Chapter 2258, Texas Government Code. A worker employed on a public works project by or on behalf of the state or a political subdivision of the state shall be paid (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

In accordance with Section 2258.024, Texas Government Code, the contractor and subcontractor shall keep a record showing: (1) the name and occupation of each worker employed by contractor or subcontractor in the construction of the public work; and (2) the actual per diem wages paid to each worker. The record shall be open at all reasonable hours to inspection by the officers and agents of the public body (i.e. Montgomery County, Texas).

https://sam.gov/wage-determinations https://sam.gov/wage-determinations

"General Decision Number: TX20250063 03/07/2025

Superseded General Decision Number: TX20240063

State: Texas

Construction Type: Heavy

Counties: Montgomery and Waller Counties in Texas.

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2025 1 03/07/2025

* SFTX0669-001 01/01/2025

8/19/25, 8:47 AM SAM.gov https://sam.gov/wage-determination/TX20250063/1 1/5

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 36.15 24.47

* SUTX2005-024 06/14/2005

Rates Fringes

Carpenter......................$ 14.38 **

Ironworker, reinforcing:........$ 11.29 **

Laborers:

Common - Montgomery County..$ 8.83 ** 0.94 Common - Waller County......$ 8.97 ** 0.88 Landscape...................$ 7.35 ** Mason Tender Cement.........$ 9.96 ** Pipelayer - Montgomey County......................$ 10.04 ** Pipelayer - Waller County...$ 10.07 **

CEMENT MASON/CONCRETE FINISHER...$ 11.37 ** 1.13

ELECTRICIAN......................$ 18.40 1.34

Formbuilder/Formsetter...........$ 13.35 ** 1.17

PIPEFITTER.......................$ 17.00 ** 0.04

POWER EQUIPMENT OPERATOR:

Backhoe.....................$ 13.25 ** Bulldozer - Montgomery County......................$ 13.12 ** Bulldozer - Waller County...$ 12.46 ** Crane.......................$ 14.91 ** 0.58 Excavator...................$ 16.74 ** Front End Loader - Montgomery County...........$ 12.30 ** 0.57 Front End Loader - Waller County......................$ 11.75 ** 0.92 Grader......................$ 12.20 ** 1.48 Tractor.....................$ 12.38 ** 1.51

TRUCK DRIVER

Montgomery County...........$ 11.82 ** 0.92 Waller County...............$ 12.28 ** 0.98

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including https://sam.gov/wage-determination/TX20250063/1 2/5 their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate.