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Project Manual Contract Documents + Technical Specifications

For:

Evergreen Section 12 Park Conroe, Texas

Sitework, Landscape, & Irrigation TBG Project #: H26128

Prepared For:

Montgomery County Municipal Utility District 162 c/o The Muller Law Group 202 Century Square Boulevard Sugar Land, Texas 77478

Developer:

Shea Homes Houston, LLC 7906 N. Sam Houston Parkway West, Suite 250 Houston, Texas 77064

Prepared By:

TBG Partners 1333 West Loop South, Suite 1450 Houston, TX 77027

Date: June 30, 2026

6/30/2026

TBG Partners June 30, 2026 Evergreen – Section 12 Park H26128 Construction Documents Conroe, Texas

Table of Contents 000110 - 1

SECTION 00 0110

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000115 List of Drawing Sheets

001116 Invitation to Bidders

002113 Instructions to Bidders

003000 Certification of Electronic Bidding

004100 Bid Form (Civcast)

Bid Bond

Contractor’s HB1295 Form

Developer’s HB1295 Form

004322 Unit Prices Form

004336 Proposed Subcontractors Form

004513 Contractor’s Statement of Qualifications

005213 Agreement – Stipulated Sum

HB1295 Memorandum

Attachment A to the Agreement – Insurance Requirements

006113 Payment Bond

006113 Performance Bond

006119 Maintenance Bond

006516 Certificate of Substantial Completion

007316 Certificate of Insurance (Contractor Provided)

009113 Addenda

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary

012100 Allowances

012200 Unit Prices

012500 Substitution Procedures

012600 Contract Modification Procedures

012900 Payment Procedures

013100 Project Management and Coordination

013200 Construction Progress Documentation

013233 Photographic Documentation

013300 Submittal Procedures

014000 Quality Requirements

014200 References

015000 Temporary Facilities and Controls

015639 Temporary Tree and Plant Protection

Table of Contents 000110 - 2

015723 Temporary Storm Water Pollution Control

016000 Product Requirements

017300 Execution

017419 Construction Waste Management and Disposal

017700 Closeout Procedures

017823 Operation and Maintenance Data

017839 Project Record Documents

017900 Demonstration & Training

DIVISION 03 - CONCRETE

033000 Cast-In-Place Concrete

DIVISION 04 - MASONRY

044100 Dry Placed Stone

DIVISION 06 – WOOD, PLASTICS AND COMPOSITIES PRODUCTS

061533 Wood Decking

DIVISION 10 – SPECIALTIES

101400 Signage

116800 Play Field Equipment and Structures

DIVISION 31 - EARTHWORK

311000 Site Clearing

312000 Earth Moving

DIVISION 32 - EXTERIOR IMPROVEMENTS

320190 Operation and Maintenance of Planting

321313 Concrete Paving

321373 Concrete Paving Joint Sealants

321500 Aggregate Surfacing

321813 Synthetic Grass Surfacing

321816 Playground Protective Surfacing

323300 Site Furnishings

328400 Irrigation

329115 Soil Preparation (Performance Specification)

329200 Turf and Grasses

329300 Plants

DIVISION 33 – UTILITIES

334600 Subdrainage

END OF TABLE OF CONTENTS

List of Drawing Sheets 000115 - 1

SECTION 00 0115

LIST OF DRAWING SHEETS

L0000 – COVER SHEET

L0101 – OVERALL REFERENCE NOTES

L1001 – TREE PROTECTION NOTES AND DETAILS

L1101 – TREE PROTECTION PLAN

L1102 – TREE PROTECTION PLAN

L2001 – GRADING AND DRAINAGE SCHEDULE AND NOTES

L2101 – GRADING PLAN

L2102 – GRADING PLAN

L2201 – GRADING ENLARGEMENT PLAN

L2202 – GRADING ENLARGEMENT PLAN

L3001 – MATERIAL SCHEDULE AND NOTES

L3002 – MATERIAL SCHEDUE AND NOTES

L3101 – SITE PLAN

L3102 – SITE PLAN

L3201 – SITE ENLARGEMENT PLAN

L3202 – SITE ENLARGEMENT PLAN

L3301 – SITE DETAILS

L3302 – SITE DETAILS

L3303 – SITE DETAILS

L3304 – SITE DETAILS

L4001 – IRRIGATION NOTES

L4101 – IRRIGATION PLAN

L4102 – IRRIGATION PLAN

L4301 – IRRIGATION DETAILS

L5001 – PLANTING SCHEDULE & NOTES

L5101 – PLANTING PLAN

L5102 – PLANTING PLAN

L5201 – PLANTING ENLARGEMENT PLAN

L5202 – PLANTING ENLARGEMENT PLAN

L5301 – PLANTING DETAILS

END OF SECTION

Invitation to Bidders 001166 - 1

SECTION 00 1166

INVITATION TO BIDDERS

Complete bid packages for “Evergreen Section 12 Park (Job No. H26128) for Montgomery County

MUD No. 162, Montgomery County, Texas” shall be received electronically through the

CivCastUSA.com website until 10:00 a.m. Local Time, Thursday, July 16, 2026, and the apparent low bidders will be generated for furnishing all labor, materials and equipment, and performing all work required for the construction of the above project. Bids will be publicly read at the virtual bid opening. To join the bid opening via Microsoft Team, see the link below. An in-person option for the Bid Opening will be held at TBG Partners, 1333 West Loop South, Suite 1450, Houston, TX 77027

Virtual Bid Opening: Teams Meeting (to view shared screen and documents):

https://teams.microsoft.com/meet/256522565008292?p=TXy4sr3C1fSjEGIBma

Meeting ID: 256 522 565 008 292

Passcode: BE9nv6op

Scope of Work of the “Evergreen Section 12 Park” Contract Documents includes the following:

Sitework, Landscape & Irrigation

Bids received after the closing time will not be considered. A non-mandatory pre-bid conference will be held virtually on Wednesday, July 8, 2026, at 2:00 p.m. Local Time, via Microsoft Teams. Attendance by each prospective bidder or its representative at the pre-bid conference is not mandatory but is highly recommended. An in-person option for the Pre-Bid conference will be held at TBG Partners, 1333 West

Loop South, Suite 1450, Houston, TX 77027.

Pre-Bid Conference: Teams Meeting (to view shared screen and documents):

https://teams.microsoft.com/meet/296886558537462?p=g22HoOGIc9XNgXUjkG

Meeting ID: 296 886 558 537 462

Passcode: Qu3n4gQ6

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 within seven (7) days after the date Contract Documents are received by the Contractor. 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 twenty-four (24) hours of receipt of the bid opening.

Bidding documents for the above project may be viewed and downloaded free of charge (with the option to purchase hard copies) at the CivcastUSA website (www.CivcastUSA.com), Search: Evergreen Section 12 Park.

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

Invitation to Bidders 001166 - 2 www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid Security and there is no charge 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 time of 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

Contractor agrees that the Contract Documents can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

MONTGOMERY COUNTY MUD NO. 162 INSTRUCTIONS TO BIDDERS

Instructions to Bidders April 2026

INSTRUCTIONS TO BIDDERS

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 Landscape Architect not less than four (4) 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 Landscape Architect in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of

4926-9402-5094 v.1 4926-9402-5094 v.1 which will be maintained at the Landscape Architect’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, Landscape Architect, 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. 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 MUD No. 162. 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 that is authorized and admitted as a reinsurer in the State of Texas

4926-9402-5094 v.1 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 and Landscape Architect 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 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 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 8.4 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, with its Bid, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Landscape Architect. 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 MUD No. 162; the contract ID number is H26128; and the description of goods and services is Evergreen Section 12 Park. 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 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,

LANDSCAPE ARCHITECT, 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.

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 Landscape Architect 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 Landscape Architect 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 digitally. Owner will furnish the successful bidder digital version of Plans and Technical Specifications free of charge, and additional sets may be obtained from Landscape Architect at Landscape Architect’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.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract, Section 6.11, and Attachment A to the contract.

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, Landscape Architect, 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, Landscape Architect, 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 Section 6.13

PREVAILING WAGE RATE SCALE. 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

$500 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.

Certification of Electronic Bidding 003000 - 1

EXHIBIT 1

TO SECTION 49.2731 ELECTRONIC BIDDING RULES

LANDSCAPE ARCHITECT’S CERTIFICATE:

TEXAS WATER CODE SECTION 49.2731 ELECTRONIC BIDDING RULES

COMPLIANCE

I, the undersigned, a duly registered professional landscape architect under the laws of the State of Texas, and authorized representative of TBG Partners, the duly appointed and acting consulting landscape architect for Montgomery County Municipal Utility District No. 162

(“District”) do hereby certify that:

I am familiar with and have examined Texas Water Code Sections 49.273 and 49.2731, the District’s Electronic Bidding Rules (“Rules”), and the software under which the District received bids for the following project through electronic transmission: “H26128 – Evergreen

Section 12 Park”.

I hereby certify (i) compliance with Texas Water Code Section 49.2731 and the Rules,

(ii) that, to the best of my knowledge, said software is designed to assure the identification, security and confidentiality of the bids; and (iii) that electronically submitted bids remain effectively unopened until the proper time.

WITNESS MY HAND AND PROFESSIONAL SEAL this 30th day of June 2026.

J. Wes Cegelski, Registered Professional Landscape Architect Registration No. 3326

(SEAL)

e ems at

Amy.Harr Text Box 6/30/2026

Unit Prices 004322 - 1

SECTION 00 4322

UNIT PRICES FORM

PARTICULARS

1.1 THE FOLLOWING IS THE LIST OF UNIT PRICES REFERENCED IN THE BID SUBMITTED BY:

1.2 (BIDDER) ________________________________

1.3 TO (OWNER): MONTGONERY COUNTY MUD NO. 162

1.4 DATED _________________ AND WHICH IS AN INTEGRAL PART OF THE BID FORM.

1.5 THE FOLLOWING ARE UNIT PRICES FOR SPECIFIC PORTIONS OF THE WORK AS LISTED

AND ARE APPLICABLE TO AUTHORIZED VARIATIONS FROM THE CONTRACT DOCUMENTS.

A. REFER UNIT PRICES ON CIVCAST BID FORM SUBMITTED ONLINE.

END OF UNIT PRICES FORM

Proposed Subcontractors 004336 - 1

SECTION 00 4336

PROPOSED SUBCONTRACTORS FORM

PART 1 – GENERAL

1.1 BIDDER ACKNOWLEDGEMENT

A. TO (Owner): Montgomery County MUD No. 162

B. Herewith is the list of subcontractors referenced in the bid submitted by:

01. Bidder: _____________________________

02. Date: _______________________ and which is an integral part of the bid form.

C. The following work will be performed (or provided) by subcontractors and coordinated by us:

01. List of Subcontractors (Work; Subcontractor, Contact Name):

COMPANY: _______________________CONTACT: _____________________

ADDRESS: ______________________________________________________

WORK PERFORMED: _____________________________________________

COMPANY: _______________________CONTACT: _____________________

WORK PERFORMED: _____________________________________________

COMPANY: _______________________CONTACT: _____________________

ADDRESS: ______________________________________________________

WORK PERFORMED: _____________________________________________

COMPANY: _______________________CONTACT: _____________________

ADDRESS: ______________________________________________________

WORK PERFORMED: _____________________________________________

COMPANY: _______________________CONTACT: _____________________

WORK PERFORMED: _____________________________________________

Contractor’s Statement of Qualifications 004513 - 1

SECTION 00 4513

CONTRACTOR’S STATEMENT OF QUALIFICATIONS

(to be provided within 3 days upon request)

Date of Contractor’s Statement:

Legal Name of Contractor θ Individual θ Partnership θ Joint Venture θ Corporation θ Other ______________________________________

Address

Telephone ( ) Fax ( )

E-mail:___________________________________________

Federal Identification Number (E.I. or S.S.)

I certify that all information contained in this Contractor’s Statement of Qualification is true, correct, and complete.

By:

Name:

Title:

Contractor’s Statement of Qualifications 004513 - 2

ORGANIZATIONAL BACKGROUND

1. Type of Organization (circle one):

Partnership Corporation Other:

2. Date of Organization/Incorporation:

3. Dunn & Bradstreet Number:

4. Principal place(s) of business:

5. Partners/Principals/Owners (owning 10% or more):

6. Officers:

President

Vice President

Secretary

Treasurer

7. How many years has the business been operating under its present name?

a) Under what other names has the business operated?

b) If the answer to any of the following questions is “Yes”, attach details including a list of creditors amount owed each, amounts repaid, resolution of proceedings, etc.:

i) Has the business ever defaulted, declared bankruptcy, or undergone reorganization pro-cedures?

ii) Has a predecessor of the business defaulted, declared bankruptcy, or undergone reor-ganization procedures?

iii) Are there presently any outstanding claims pending against the business?

iv) Has the business been involved in litigation within the past 5 years or is it currently in-volved in litigation?

CONSTRUCTION EXPERIENCE

1. How many years of experience in construction work has the business had?

As a general contractor

As a subcontractor

2. What types of work does the business normally perform?

Contractor’s Statement of Qualifications 004513 - 3

3. Has the business or any officer of partner of the business ever failed to complete a construction con-tract, forfeited a bid bond/proposal guaranty, had liquidated damages withheld from its total compen-sation due on a contract, or refused to enter into contract for work awarded to it?

If yes, attach details, including name of project, contract amount, type of work, name and address of project engineer, contractor, and owner, when where, and why.

4. Has the business or any officer or partner of the business ever been cited or convicted for violation of any OSHA or State safety law/regulation?

If yes, attach details, including project name, project engineer, owner, when, where, governing agency, and final disposition, of citation or conviction.

5. Attach a list of all projects with construction cost greater than $1,000,000 that the business has completed within the last 5 years in the local area (beginning with the most current and not to exceed the last ten consecutive jobs). Include the following information:

• Name of Project

• Amount

• Type of Work

• Percentage subcontracted

• Amount subcontracted

• Schedule completion date

• Date completed

• Location (city, county, state)

• Name, address, and telephone number of:

Project Architect or Engineer Contractor (if subcontractor) Owner

6. Attach a list of major construction projects the business has in process. Include the following information:

• Name of Project

• Amount

• Type of Work

• Percentage Completed

• Schedule Completion

• Location (city, county, state)

• Name, address, and telephone number of:

• Project Engineer

• Contractor (if subcontractor)

• Owner

7. Provide resumes and list construction experience of the principal individuals of your organization

(include not only officers and principals of the organization, but also field superintendents who will be in charge of the work). Add additional sheets as needed.

8. Name Current Position Years w/Company Years Experience

Contractor’s Statement of Qualifications 004513 - 4

9. Attach a list of subcontractors that are anticipated to perform any portion of the work valued at $50,000 of the total bid or more:

Include the following information:

Name Address Work to be done Percentage of Contract Estimated amount of Contract Individuals responsible for work

REFERENCES

1. List all banks with which the contractor has done business during the past 5 years. List the current bank first. Add additional sheets as needed.

Bank Name Address Contact Telephone

2. Provide the following information regarding payment, performance, and maintenance bonds:

a) Name and address of surety company:

Company File Number:

b) Authorized to do business in state?

c) Authorized to issue payment, performance, and maintenance bonds in project state?

d) Maximum amount of bond authorized to issue:

e) Rating (as listed in Best’s Key Guide):

f) Financial size category (as listed in Best’s Key Guide):

3. Name and address of agent and agency (company or partnership for which agent works):

4. Does agent have appointment from insurance company authorizing agent to sign bonds?

5. Attach business financial statements, including most recent income statement and balance sheet. If most recent information available is unaudited, but business has audited statements available for an earlier period, include unaudited as well as audited statements.

Contractor’s Statement of Qualifications 004513 - 5

AUTHORIZATION FOR VERIFICATION AND AFFADAVIT

State of

County of

The undersigned, , being duly sworn, deposes and says that he/she is of (the “Contractor”) and declares that:

1. The Contractor’s Statement of Qualifications (the “Contractor’s Statement”) is given for the express purpose of inducing the Owner to award the Contractor a contract.

2. Any person, depository, agency, or other entity named in the Contractor’s Statement is authorized to supply Owner or its representative with any information necessary to verify statements contained in the Contractor’s Questionnaire.

3. The Contractor’s Statement is a true and accurate statement as of the date of said Contractor’s Questionnaire.

4. The Financial Statements included with the Contractor’s Statement are taken from the Contractor’s financial records and are true and accurate statement of Contractor’s financial condition as of their date.

5. I am authorized to execute this Contractor’s Statement on behalf of the Contractor.

By:

Name:

(print or type)

Sworn and Subscribed before me on this the day of , 20___

Notary Public, State of

END OF SECTION 00 4337

Version 2025.1

MONTGOMERY COUNTY MUD NO. 162 CONTRACT

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

The Parties To This Contract Are:

Owner

Montgomery County Municipal Utility District No. 162, a political subdivision of the State of Texas.

c/o The Muller Law Group, PLLC

202 Century Square Boulevard

Sugar Land, Texas 77478

Contractor

CONTRACTOR, a [STATE] [TYPE OF ENTITY]

[ADDRESS]

Developer

SHEA HOMES HOUSTON, a Delaware LLC

7906 N. Sam Houston Parkway West

Suite 250

Houston, TX 77064

THIS CONTRACT (“Contract”) is made and entered into this _______day of __________, 20__, among the Parties, for and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows.

All capitalized terms used herein shall be given the meanings set forth in Article II below.

One fully executed original Contract will be retained by Owner. A certified copy of the fully executed

Contract will be provided to any parties requesting a copy.

CONTENTS

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

ARTICLE I. PRINCIPLE CONDITIONS OF THE CONTRACT

ARTICLE II. DEFINITIONS

ARTICLE III. CONTRACT DOCUMENTS

ARTICLE IV. PRELIMINARY MATTERS

ARTICLE V. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE VI. CONTRACTOR’S RESPONSIBILITIES/ INDEMNITIES

ARTICLE VII. LANDSCAPE ARCHITECT’S STATUS DURING CONSTRUCTION

ARTICLE VIII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS

ARTICLE IX. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE X. PRICE FOR WORK/ PAYMENTS TO CONTRACTOR

ARTICLE XI. FINAL COMPLETION AND ACCEPTANCE

ARTICLE XII. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XIII. MISCELLANEOUS

INDEX

ATTACHMENT A

ARTICLE I. PRINCIPAL CONDITIONS OF THE CONTRACT

1.1 SCOPE OF WORK:

a. Contractor shall commence and complete the Work generally described as follows:

Evergreen Section 12 Park for Montgomery County MUD No. 162, Montgomery County, Texas, according to those particular Plans and Technical Specifications prepared by TBG Partners (“Landscape Architect”) and all Extra Work in connection therewith, under the terms as stated in the Contract, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents, including, the

Invitation to Bidders, Instructions to Bidders, Contractor’s Bid, the Contract, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical

Specifications, on file with Landscape Architect. Contractor represents and warrants to the

Owner that it has carefully examined this Contract and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

b. Under this Contract and the Contract Documents, Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of the Work as described in the Technical Specifications and as shown on the Plans. The completed installation shall not lack any part that can be reasonably implied as necessary to its proper functioning or any subsidiary item that is customarily furnished, and Contractor shall deliver the installation to Owner in operating condition.

c. The Work, in general, under the Contract includes the purchase, installation, and construction of all structures, equipment, and materials, including appurtenances, as indicated on the Plans.

d. Major items of construction and services required are designated as follows:

i. Install and adjust waterlines, valves, valve boxes, flushing valves, fittings, and appurtenances

ii. Construct and adjust sanitary sewer, manholes, and appurtenances

iii. Repair existing pavement affected

iv. Furnish and install all subsidiary items as necessary to complete the project

v. Perform testing as specified on installed lines

vi. Clean-up project area upon completion

1.2 TIME FOR COMPLETION:

a. The Contractor hereby agrees to begin work within 10 calendar days after Landscape

Architect has given written Notice to Proceed. Contractor hereby also agrees to achieve

Substantial Completion of the Work within _________ calendar days after the date of the written Notice to Proceed and to achieve Final Completion of the Work within _____ calendar days after the date of the written Notice to Proceed.

1.3 SURETY BONDS REQUIRED:

a. It is further agreed by the parties to this Contract that Contractor will execute:

i. a Payment Bond in the sum of 100% of the initial Contract Price, if the initial Contract

Price is $25,000 or more

AND

ii. a Performance Bond in the sum of 100% of the initial Contract Price, if the initial

Contract Price is $100,000 or more

AND

iii. a Maintenance Bond in the amount of 50% of the final Contract Price for the period reflected in Section 9.2 if the maintenance and warranty period is not covered by a

Performance Bond.

for the satisfactory performance of the Work, the fulfilment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the

Work, in accordance with this Contract on the forms provided for this purpose; and it is agreed that this Contract shall not be in effect until such Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor shall 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 work on the Project.

b. All Bonds shall be in the form…