Evergreen Lift Station No. 4 - Bid Docs S_S.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

EVERGREEN LIFT STATION NO. 4

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 163

IN

MONTGOMERY COUNTY, TX

JULY 2026

7/20/2026

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CONSTRUCTION OF EVERGREEN LIFT STATION NO. 4

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 163

Job No. 610.094.050.00

Montgomery County, TX

TABLE OF CONTENTS

INVITATION TO BIDDERS ...................................................................................................... INV-1 INSTRUCTIONS TO BIDDERS ............................................................................................... INS-1 BID FORM ................................................................................................................................ BID-1 SUPPLEMENTAL CONDITIONS .............................................................................................. SC-1 CONTRACT ............................................................................................................................... GC-1 CERTIFICATE OF INSURANCE ............................................................................................. COI-1 HB1295 FORM .......................................................................................................................... HB-1 PAYMENT BOND.................................................................................................................... PYB-1 PERFORMANCE BOND ......................................................................................................... PFB-1 MAINTENANCE BOND ............................................................................................................ MB-1 EXHIBIT “DT” DATA TRANSFER AND USE AGREEMENT ............................................ EX-DT-1 EXHIBIT “CS” PROPOSAL FOR CONSTRUCTION STAKING ....................................... EX-CS-1

SPECIFICATIONS

REFER TO THE LATEST EDITION OF CITY OF HOUSTON STANDARD SPECIFICATIONS

FOR ITEMS NOT INCLUDED HEREIN.

Montgomery County Municipal Utility District No. 163

INVITATION TO BIDDERS

July 2026

Electronic Bids Only, Electronic Signatures Option, and Remote Public Bid Opening Option Page 1 of 1 April 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Montgomery County Municipal Utility District No. 163, Attention Richard Derr, President, Board of Directors, will be electronically received, until 10:00 a.m. Local Time, August 4, 2026, and then publicly opened and read via Teleconference meeting for “Construction of Evergreen Lift Station No. 4 for Montgomery County Municipal Utility District No. 163, Montgomery County, Texas” You may listen to the public opening of sealed Bids via Microsoft Teams. To join via Microsoft Teams: Phone Number: (469) 965-2602, Phone Conference ID: 437 328 8#.

Scope of Work of the Contract Documents includes the following: Construction of Evergreen Sanitary Lift Station No. 4, including the construction of a duplex lift station including an 8-foot diameter wet well, two

(2) 10hp pumps and all associated piping, electrical controls, site work, and emergency generator.

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held remotely on at 10:00 a.m. Local Time, July 28, 2026, via teleconference. To join via Microsoft Teams Phone Number: (469) 965-2602. Phone Conference ID 930 132 60#.

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

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search Evergreen Lift Station No. 4. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

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

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

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

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

Advertisement Dates: 7/21/2026 & 7/28/2026

INSTRUCTIONS TO BIDDERS

Instructions to Bidders Page 1 of 7 April 2026

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

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items

(if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An

“unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other

Bidders on the same Project.

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

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

Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS.

State contractor license number, if any, must also be shown.

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

Invitation to Bidders.

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

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

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is http://www.civcastusa.com/

Instructions to Bidders Page 2 of 7 April 2026 the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

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

Documents and to complete the Work for the consideration in its Bid.

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

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

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

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

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

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid

Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price If this is a clearing and grubbing contract, only, no maintenance bond is required by the District, otherwise: The successful bidder must also provide a two-year (2) Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements that will be owned by Montgomery County Municipal Utility District No. 163. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The

Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of

Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a

General Lines Agent and such licensing must be recorded in the files of the Texas Department of

Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small

Business Administration and must be an approved surety listed in the current U.S. Department of

Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer

Instructions to Bidders Page 3 of 7 April 2026 that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract

Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price.

Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

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

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

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain

Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other

Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an

“equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

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

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

Instructions to Bidders Page 4 of 7 April 2026 covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

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

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

(vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the

Contract Documents.

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

Contract.

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

Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the

“Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section

2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the

Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the

Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is

Montgomery County Municipal Utility District No. 163; the contract ID number is 610.094.050.00; and the description of goods and services is Evergreen Lift Station No. 4. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. BIDDERS SHOULD SUBMIT THEIR TEC FORM 1295 WITH

Instructions to Bidders Page 5 of 7 April 2026

THEIR BID. THE CONTRACT WILL NOT BE AWARDED TO A BIDDER UNLESS A TEC

FORM 1295 HAS BEEN COMPLETED BY THE BIDDER.

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

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

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the

Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.

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

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

Contract Documents, to Owner’s satisfaction.

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

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR

EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE

WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT

PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO

PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH

INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER

AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY

SUBMISSION OF A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE

ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER,

ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, AND AGENTS (“THE EVALUATING PARTIES”)

ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR

RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (2) WAIVER OF ANY

REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3)

ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

Instructions to Bidders Page 6 of 7 April 2026

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

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

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use

Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract

Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

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

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

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument. Electronic Signatures, as defined by and in accordance with the Owner’s Order

Adopting Electronic Signature Rules for Construction Contracts, will be deemed original signatures for purposes of the Contract Documents and all matters related thereto, with such Electronic Signatures having the same legal effect as physical, wet-ink signatures. Owner; Engineer; Contractor; and Developer, if there is a Special Conditions of the Contract Part B, agree that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature. Any document accepted, executed, or agreed to in conformity with such Order is binding on Owner, Engineer, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Engineer, Contractor, and Developer, if applicable, each hereby consent to the use of any third-party electronic signature capture service provider that may be chosen by Owner or Engineer. Notwithstanding the foregoing, all Bonds must be provided to

Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

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

Instructions to Bidders Page 7 of 7 April 2026

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

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

Owner, Engineer, and Developer, if applicable, disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner, Engineer, and Developer, if applicable, further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the

Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars

($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

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

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the

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

Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of

$1,000 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

Construction of Evergreen Lift Station No. 4 BID FORM

To: Montgomery County Municipal Utility District No. 163 c/o Elevation Land Solutions

9709 Lakeside Boulevard, Suite 200

The Woodlands, TX 77381

Attention: Robert Pontureri, P.E.

Bidder acknowledges receipt of the following addenda:

(Initial) (Initial) (Initial)

(Initial) (Initial) (Initial)

Addendum No. 1 Addendum No. 2 Addendum No. 3

Addendum No. 4 Addendum No. 5 Addendum No. 6 for

Montgomery County Municipal Utility District No. 163

BID PROPOSAL

Construction of Evergreen Lift Station No. 4 for

The undersigned, as Bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation;

that he has carefully examined the Instructions to Bidders, the General Conditions of Agreements, the Special

Conditions, the Specifications, the Plans, the site location, the site conditions, and classes of materials of the proposed work described herein; and agrees that he will provide all the necessary labor, machinery, tools, superintendence and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein, and for the prices set forth in the attached bid proposal.

in

Montgomery County, Texas

The Owner reserves the right to award based on any combination of items in the Bid Proposal and or reject any and all bids.

The Bidder agrees that the work will be complete in of the Notice to Proceed. The total contract price may increase or decrease based on work that may be added or removed during construction based on the proposed prices and actual work completed. Actual quantities shall be measured in accordance with the conditions specified in the Contract Documents. Bid prices should be written in figures and in long hand with written words; in the event of any discrepancies, bid prices in written words will maintain precedence.

In submitting this bid form the Bidder agrees, if this bid is accepted, to enter into a binding agreement with the owner, under the terms and conditions included in the contract documents. Bidder agrees to provide materials and labor to complete work in accordance with the contract documents at the prices specified in this Bid

Proposal. This Bid Proposal will remain subject to acceptance for sixty (60) days after the bid opening date, and the Bidder may not withdraw bids for this period. The Bidder shall sign and deliver all Agreement documents, and Bonds specified in the Contract Documents within ten (10) calendar days of Notice of Award.

BID - 10

Bidder Initial

Incentives

No

No

No

CONTRACTOR Witness

Address

Signature of Bidder

Printed Name of Bidder

Date

Phone Number

Email Address

Seal (if applicable)

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

All Other Contract Items 180 $1,000/day

NOTE: Contractor shall provide and pay for pump and haul service if contract deadline is missed.

Emergency Generator

(Natural Gas)

BID PROPOSAL SUMMARY:

(Equal to Base Bid from following pages)

(Equal to Base Bid from following pages)

TOTAL ALTERNATE BID 1:

TOTAL BASE BID:

The following table describes the phases of work to be completed, construction time frames for each phase of work, and any incentives or economic disincentives that may apply. Bidder shall specify the number of days proposed to complete each phase of work.

Emergency Generator (Diesel)

Description of Work Maximum Calendar

Days to Complete

Calendar Days to

Complete

Economic

Disincentives

$500/day

$500/day

BID - 11

Item Description Quantity Unit Unit Cost Extended Total

Sanitary Lift Station

1 . Move-in and start-up, including all applicable permits, site security, insurance, and performance, payment, and maintenance bonds for 100% of the contract amount.

@ 1 LS

Per Lump Sum

2 . Construction of Montgomery County MUD 163

Evergreen Sanitary Lift Station No. 4 site work which includes, but is not limited to: site grading, 7-inch thick concrete driveway paving, 6-inch thick stabilized sand driveway base, removable bollards, SWPPP (installation, maintenance and removal), coating and painting, water service line, back flow preventer, water meter, hose bib, and all else shown on the construction drawings and detailed in the specifications for a fully functioning facility, complete in place, as shown and specified in the Plans and

Construction Documents.

@ 1 LS

Per Lump Sum

3 . Construction of sanitary lift station wet well including top slab, access hatch, float access, ring and cover, cable hangers, vent, seal slab, ballast concrete, and all necessary appurtenances, complete in place, as shown and specified in the Plans and Construction

Documents.

@ 1 LS

Per Lump Sum

BID - 12

4 . Provide and install two 10-hp Grundfos

SL1.40.A40.100 submersible pumps or approved equal, complete in place, as shown and specified in the Plans and Construction

Documents.

@ 1 LS

Per Lump Sum

5 . Provide and Install discharge piping including ductile iron force main (above ground), C-900

PVC force main(below ground), concrete pad, thrust blocks, air release valves, check valves, brackets, and all necessary appurtenances, complete in place, as shown and specified in the Plans and Construction Documents.

@ 1 LS

Per Lump Sum

6 . Provide and install 8-foot CMU wall and 16-foot double swing gate, complete in place, as shown and specified in the Plans and

Construction Documents.

@ 1 LS

Per Lump Sum

BID - 13

7 . Provide and install electrical system including but not limited to, electrical service rack and equipment, lighting panel, lights/fixtures, site lighting, electrical conduit and feeders, junction boxes, wire, load bank testing, and all other electrical items shown on the construction drawings and detailed in the specifications for a fully functioning electrical system, complete in place, as shown and specified in the Plans and Construction

Documents. Contractor to coordinate with electrical provider for electric meter installation and punch-list closeout.

@ 1 LS

Per Lump Sum

8 . Include allowance for electrical service by local utility. Exact amount will be reimbursed to

Contractor upon submittal of invoice from electric utility. All new accounts shall be opened by Contractor and transferred to

Owner upon substantial completion.

@ Twenty Thousand Dollars and No Cents 1 LS 20,000.00$

Per Lump Sum

9 . Include allowance for natural gas service by local utility. Exact amount will be reimbursed to Contractor upon submittal of invoice from natural gas utility. All new accounts shall be opened by Contractor and transferred to

Owner upon substantial completion.

@ Five Thousand Dollars and No Cents 1 LS 5,000.00$

Per Lump Sum

BID - 14

10 . Provide and install 40kW natural gas emergency standby generator with 100A automatic transfer switch, foundation, sound attenuating enclosure, and all required appurtenances, complete in place, for a fully functional emergency generator system as shown and specified in the Plans and

Construction Documents.

@ 1 LS

Per Lump Sum

11 . Construction staking services to be performed by Elevation Land Solutions in accordance with

Exhibit and Special Conditions Part A of the contract.

@ Four Thousand Dollars and No Cents 1 LS 4,000.00$

Per Lump Sum

BID - 15

12 . As-Built Topo to be performed by Elevation

Land Solutions in accordance with Exhibit and

Special Conditions Part A of the contract.

@ Two Thousand Dollars and No Cents 1 LS 2,000.00$

Per Lump Sum

13 . Wellpoint dewatering if necessary, complete in place, only as approved and directed by the

Engineer.

@ 1 LS

Per Lump Sum

ALTERNATE BID ITEMS

14 . In lieu of Bid Items No. 3, 4, and 5 above, purchase and installation of pre-ordered lift station package to include: Fiberglass wet well, two (2) 10-hp SL1.40.A40.100 submersible wastewater pumps, discharge piping, check valves, air release valve, guide rails, transducer, floats, and control panel. Package includes vendor installation of pumps, guide rails, valves, and discharge piping. Installation of fiberglass wet well package to include:

excavation, placement of fiberglass wet well structure, provide and install ballast concrete, core and connect existing gravity inflow line, core and connect proposed gravity inflow line, provide and install concrete pad with support pedestal, provide and install 6" force main from discharge header to tie-in, complete in place, as shown and specified in the Plans and

Construction Documents.

1 LS

Per Lump Sum

TOTAL - BASE BID

BID - 16

15 . In lieu of Bid Item No. 7, Provide and install electrical system including but not limited to, electrical service rack and equipment, lighting panel, lights/fixtures, site lighting, electrical conduit and feeders, junction boxes, wire, load bank testing, and all other electrical items shown on the construction drawings and detailed in the specifications for a fully functioning electrical system, complete in place, as shown and specified in the Plans and

Construction Document for a fiberglass lift station. Contractor to coordinate with electrical provider for electric meter installation and punch-list closeout.

1 LS

Per Lump Sum

16 . In lieu of Bid Items No. 9 and 10, Provide and install 40kW diesel emergency standby generator with 100A automatic transfer switch, including fuel for a 48-hour run time, foundation, sound attenuating enclosure, and all required appurtenances, complete in place, for a fully functional emergency generator system as shown and specified in the Plans and Construction Documents.

1 LS

Per Lump Sum

$TOTAL - ALTERNATE BID

BID - 17

SUPPLEMENTAL CONDITIONS

Supplemental Conditions Page 1 of 2 Version 2025.1

SUPPLEMENTAL CONDITIONS

1. Construction Staking. The Owner will establish reference points for construction; the Contractor is required to hire Elevation Land Solutions for staking from benchmarks and horizontal control references. Elevation Land Solutions, through coordination with the Contractor, shall be responsible for laying out the Work. The Contractor shall protect and preserve the established reference points and property monuments and shall make no changes or relocations without the prior written approval of Engineer. The Contractor shall report to the Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

Contractor will be required to sign the Elevation Land Solutions survey proposal attached to this contract and agree to the Elevation Land Solutions terms and conditions included with the survey proposal.

2. SURVEYING; LINES AND GRADES. The Owner will establish reference points for construction only; the Contractor is responsible for staking from benchmarks and horizontal control references established by Engineer. The Contractor shall be responsible for laying out the

Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Engineer. The

Contractor shall report to the Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

3. Testing And Inspection. The testing lab may not revoke, release, or alter the requirements of the

Contract Documents. The lab may not approve the Work, assume the duties of Contractor, or stop the Work.

The Contractor's responsibilities regarding the testing of the materials and Owner's responsibilities regarding performance testing are as follows:

a. Notice: The Contractor shall notify the Engineer and laboratory at least three (3) Working days prior to when material testing is required. The Contractor shall notify the laboratory as to which concrete supplier it will be using and at which plant the material will be mixed.

b. Paving: The Owner may hire a competent testing laboratory to perform the necessary testing which will be paid for by the Owner. The following material tests may be performed:

Subgrade Preparation (Densities); Embankment (Densities); Proof Rolling; Base and

Asphalt (Densities); and Concrete design mix (curbs and pavement)

c. Structure: The Owner may hire a competent testing laboratory to perform the necessary testing which will be paid for by the Owner. The following may be tested: Concrete Mix

Design; Backfill and Compaction; and Beams and Core.

d. Storm Drainage and Underground Utilities: The Contractor shall be responsible for furnishing all materials, labor, equipment, and incidentals to test the water distribution lines and sanitary sewer as per the procedures prescribed in the Drawings, Technical

Specifications, and/or Supplementary Conditions. Tests for the wastewater lines shall include leakage tests for the pressure sewer systems and infiltration/exfiltration/low-

SUPPLEMENTAL CONDITIONS

Supplemental Conditions Page 2 of 2 Version 2025.1 pressure air tests and deflection tests for the gravity system.

e. Tests for water lines shall include leakage tests and bacteriological tests. The Contractor shall be responsible for collecting sufficient water quality samples from the water distribution system and transmitting said samples to the appropriate laboratory for bacteriological testing. Copies of all test results shall be provided to the Owner and

Engineer prior to final acceptance of the Project.

f. The Owner may hire a competent testing laboratory to perform testing for backfill and compaction for storm drainage and underground utilities. The Contractor is responsible for notifying the laboratory and the Engineer at least three (3) working days prior to when testing is required. Materials and Work which do not meet or exceed those specified as determined by the testing laboratory shall be removed from the Worksite and correct materials and Work installed at the Contractor's expense.

4. Estimated Quantities. Payment for excavation and fill will be based on the quantities shown on the

Bid Proposal. If the Contractor thinks that more or less excavation or fill is required than called for in the bid items, it should adjust the Unit Prices on its Bid Proposal accordingly. No additional compensations will be allowed for excavating or filling more or less than the indicated cubic yards of material as long as the Project is completed in accordance with the lines and grades shown in the construction drawings. If during this Contract, and in the opinion of the Engineer, it becomes necessary to adjust the lines and grades of the drawings, the resulting change in excavation or fill quantities will be calculated by the ENGINEER and an appropriate change order will be issued reflecting the change in the excavation or fill quantities.

5. Subsurface Exploration. It is not represented that the Plans show all existing storm sewer, sanitary sewer, water, gas, telephone and electrical facilities, and other underground structures.