Evergreen Village WSD_P LS 5 _ TxDot Improvements - Bid docs S_S.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

WATER, SANITARY, DRAINAGE AND PAVING

FOR

Evergreen Village Collector Road & Mass Grading, Sanitary Lift Station No. 5, & TxDOT

Driveways & Improvements

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY

DISTRICT NO. 194

IN

MONTGOMERY COUNTY, TX

SEPTEMBER 2026

09/01/2026

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CONSTRUCTION OF WATER, SANITARY, DRAINAGE, AND PAVING

FOR

EVERGREEN VILLAGE COLLECTOR ROAD & MASS GRADING, SANITARY

LIFT STATION NO. 5, & TXDOT DRIVEWAYS & IMPROVEMENTS

Job No. 610.094.201.00

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 EXHIBIT A – EVERGREEN VILLAGE PHASING MAP ........................................................ EX-A-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 LIST OF PROPOSED SUBCONTRACTORS ......................................................................... SUB-1

SPECIFICATIONS

REFER TO THE LATEST EDITION OF CITY OF HOUSTON STANDARD SPECIFICATIONS

FOR ITEMS NOT INCLUDED HEREIN.

Montgomery County Municipal Utility District No. 194

INVITATION TO BIDDERS

September 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. 194, Attention Clayton Dornhorst, President, Board of Directors, will be electronically received, until 10:00 a.m. Local Time, September 15, 2026, and then publicly opened and read via Teleconference meeting for “Construction of Water, Sanitary, Drainage, and Paving for Evergreen Village Collector Road & Mass Grading, Sanitary Lift Station No. 5, & TxDOT Driveways & Improvements for Montgomery County Municipal Utility District No. 194, 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: 779 146 786#.

Scope of Work of the Contract Documents includes the following: Construction of Water, Sanitary, Drainage, and Paving for Evergreen Village Collector Road & Mass Grading, Sanitary Lift Station No. 5, & TxDOT Driveways & Improvements.

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held remotely at 10:00 a.m. Local Time, September 8, 2026, via teleconference. To join via Microsoft Teams Phone Number: (469) 965-2602. Phone Conference ID 541 364 638#.

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 Village WSD&P LS 5 & TxDOT Improvements. 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 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 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: 9/01/2026 & 09/08/2026

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. 194. 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. 194; the contract ID number is 610.094.201.00; and the description of goods and services is Construction of Water, Sanitary, Drainage, and Paving for Evergreen Village Collector Road & Mass Grading, Sanitary Lift Station No. 5, & TxDOT Driveways & Improvements. 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

Instructions to Bidders Page 5 of 7 April 2026 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,

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 $1,500 for Phase 1 and 2 and $500 for all others 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 Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, Sanitary Lift Station No. 5, TxDOT Driveways Improvements

BID FORM

To: Montgomery County Municipal Utility District No. 194 c/o Elevation Land Solutions

9709 Lakeside Boulevard, Suite 200

The Woodlands, TX 77381

Attention: Grant Boshart, 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. 194

BID PROPOSAL

Evergreen Village Collector Road & Mass Grading, Sanitary Lift Station No. 5, & TxDOT Driveways &

Improvements for

Construction of Water, Sanitary, Drainage, And Pavement 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 the proposed number of calendar days following the issuance 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 - 1

Bidder Initial

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Incentives

No

No

No

No

No

Calendar Days to Complete

Construction of Evergreen

Village Collector Road & Mass

Grading Plans

$500/Day

Construction of Phase 1

Utilities & Grading $1,500/Day

$500/Day

Construction of TxDOT

Driveways (FM 1314) $500/Day

NOTE: All calendar days provided above will commence upon issuance of the Notice to Proceed and run consecutively.

Construction of Phase 2

Utilities $1,500/Day

Construction of TxDOT

Driveways (SH 242)

Economic

Disincentives

Total Calendar Days

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.

Description of Work

BID - 2

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

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.

BID PROPOSAL SUMMARY:

(Equal to Alternate Bid from following pages)

(Equal to Base Bid from following pages)

TOTAL ALTERNATE BID:

TOTAL BASE BID:

BID - 3

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

SANITARY SEWER IMPROVEMENTS

1 . 8 - inch SDR-26 ASTM D-3034 pipe, at all depths, including plugs, stacks, risers, connections, standard bedding, backfill and testing, Complete in Place.

@ 7,490 LF

Per Linear Foot

2 . 10 - inch SDR-26 ASTM D-3034 pipe, at all depths, including plugs, stacks, risers, connections, standard bedding, backfill and testing, Complete in Place.

@ 1,810 LF

Per Linear Foot

3 . 12 - inch SDR-26 ASTM D-3034 pipe, at all depths, including plugs, stacks, risers, connections, standard bedding, backfill and testing, Complete in Place.

@ 240 LF

Per Linear Foot

4 . 8 - inch Force Main, AWWA C-900 Class 150 pipe, at all depths, including standard bedding, backfill and testing, Complete in Place.

@ 2,565 LF

Per Linear Foot

5 . 8 - inch Force Main, AWWA C-900 Class 150 pipe with restrained joint fittings, including all bends, Complete in Place.

@ 415 LF

Per Linear Foot

BID - 1

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

6 . 6 - inch Near Side SDR-26 ASTM D-3034 sanitary sewer service lead, including wye, plugs, bedding and backfill, Complete in Place.

@ 4 EA

Per Each

7 . Sanitary sewer manhole, at all depths, including final rim elevation adjustment, Complete in Place.

@ 48 EA

Per Each

8 . Corrosion resistant manhole in accordance with the plan details and technical specifications, Complete in Place.

@ 1 EA

Per Each

9 . Air release sanitary sewer manhole with air release valve per plan details and technical specifications, including final rim elevation adjustment, Complete in Place.

@ 5 EA

Per Each

10 . Trenchless construction of 8-inch, Force Main, with 16-inch steel casing, including spacers, fittings, bedding, backfill, and testing, Complete in Place.

@ 140 LF

Per Linear Foot

BID - 2

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

11 . 8-inch external drop connection, as shown in plans, Complete in Place.

@ 24 EA

Per Each

12 . 8" eccentric plug valve, as shown in plans, Complete in Place.

@ 39 EA

Per Each

13 . 12" eccentric plug valve, as shown in plans, Complete in Place.

@ 1 EA

Per Each

14 . Construct standard sanitary sewer manhole on existing 12 - inch sanitary sewer ("Doghouse manhole") including all materials incidental to construction, Complete in Place.

@ 1 EA

Per Each

WATER IMPROVEMENTS

15 . 2 - inch C900 AWWA (DR18) waterline including all bends, fittings, gate valves and other water appurtenances, Complete in Place.

@ 305 LF

Per Linear Foot

BID - 3

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

16 . 8 - inch C900 AWWA (DR18) waterline including all bends, fittings, gate valves and other water appurtenances, Complete in Place.

@ 860 LF

Per Linear Foot

17 . 12 - inch C900 AWWA (DR18) waterline including all bends, fittings, gate valves and other water appurtenances, Complete in Place.

@ 10,720 LF

Per Linear Foot

18 . 4 - inch C-900 AWWA (DR18) waterline with restrained joint fittings, including all bends, gate valves and other water appurtenances, Complete in Place.

@ 110 LF

Per Linear Foot

19 . 8 - inch C-900 AWWA (DR18) waterline with restrained joint fittings, including all bends, gate valves and other water appurtenances, Complete in Place.

@ 65 LF

Per Linear Foot

20 . 12 - inch C-900 AWWA (DR18) waterline with restrained joint fittings, including all bends, gate valves and other water appurtenances, Complete in Place.

@ 545 LF

Per Linear Foot

BID - 4

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

21 . 2 - inch blow off valve and ground box with pea gravel, including plug and clamp, Complete in

Place.

@ 41 EA

Per Each

22 . Trenchless construction of 12-inch waterline, with 20-inch steel casing, including spacers, fittings, bedding, backfill, and testing, Complete in Place.

@ 105 LF

Per Linear Foot

23 . Standard Flush Valve apparatus including all leads, tees, valves, fittings, thrust blocking, and final elevation adjustment, Complete in Place.

@ 23 EA

Per Each

24 . 12" (main line) x 12" (tie-in line) tapping sleeve and valve, Complete in Place.

@ 1 EA

Per Each

25 . 4" PVC irrigation sleeves, as shown in plans & in accordance to detail, Complete in Place.

@ 3,075 LF

Per Linear Foot

BID - 5

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

STORM SEWER IMPROVEMENTS

26 . 12 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 60 LF

Per Linear Foot

27 . 18 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 15 LF

Per Linear Foot

28 . 24 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 1,730 LF

Per Linear Foot

29 . 24 - inch RCP, ASTM C-76, Class III, storm sewer leads, Complete in Place.

@ 1,160 LF

Per Linear Foot

30 . 30 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 1,420 LF

Per Linear Foot

31 . 36 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 1,995 LF

Per Linear Foot

BID - 6

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

32 . 42 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 760 LF

Per Linear Foot

33 . 48 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 295 LF

Per Linear Foot

34 . 54 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 860 LF

Per Linear Foot

35 . 60 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 305 LF

Per Linear Foot

36 . 66 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 880 LF

Per Linear Foot

37 . 72 - inch RCP, ASTM C-76, Class III, at all depths, Complete in Place.

@ 1,280 LF

Per Linear Foot

BID - 7

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

38 . Type "A" inlets including both first and second stage construction, Complete in Place.

@ 1 EA

Per Each

39 . Type "B-B" inlets including both first and second stage construction, Complete in Place.

@ 52 EA

Per Each

40 . Type "C" Manhole for 18-42 inch pipe, including final rim elevation adjustment, Complete in Place.

@ 38 EA

Per Each

41 . Large Type "C" Manhole for 48-72 inch RCP, including final rim elevation adjustment, Complete in Place.

@ 25 EA

Per Each

42 . Type "C" Manhole for 18-42 inch pipe, with E-

Inlet Top, Complete in Place.

@ 1 EA

Per Each

43 . Large Type "C" Manhole for 48-72 inch RCP, with E-Inlet Top, Complete in Place.

@ 5 EA

Per Each

BID - 8

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

44 . 5 - inch thick, reinforced concrete slope paving, including reinforcing bar, expansion joints, toe walls, weep holes and all items incidental to construction, Complete in Place.

@ 65 SY

Per Square Yard

45 . Rip rap (grade 2) installed as shown in plans

(Buried to a depth of 24-inches), as directed by

Engineer, Complete in Place.

@ 90 SY

Per Square Yard

46 . Construct earthen extreme event swale including excavation, grading, compaction, and application of hydro mulch as shown in plans, Complete in Place.

@ 3,530 SY

Per Square Yard

47 . 8 - inch thick brick plug for storm sewer, Complete in Place.

@ 30 EA

Per Each

PAVING ITEMS

48 . Site preparation of cut and fill areas, stripping of topsoil, removal of vegetation, and stockpile.

@ 79 AC

Per Acre

BID - 9

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

49 . Roadway excavation, including hauling, spreading, and compacting on-site to achieve final lot grades. This is the volumetric difference between the existing surface and the proposed top of subgrade, within the extents of the subgrade. Contractor shall notify engineer of any discrepancies in quantities prior to NTP.

@ 10,372 CY

Per Cubic Yard

50 . Site excavation, to be spread and compact (to

95%) on-site to achieve final grades. This is the volumetric difference between the existing surface and the proposed surface, outside the extents of the subgrade (excluding roadway excavation). Contractor shall notify engineer of any discrepancies in quantities prior to NTP.

@ 85,865 CY

Per Cubic Yard

51 . 8" Subgrade stabilization for concrete pavement including mixing, grading, and compaction, Complete in Place.

@ 25,440 SY

Per Square Yard

52 . Lime for 8" subgrade stabilization (3% application by dry weight), Complete in Place.

@ 197 TON

Per Ton

BID - 10

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

53 . Fly Ash for 8" subgrade stabilization (8% application by dry weight), Complete in Place.

@ 525 TON

Per Ton

54 . 7 - inch 4,000 psi reinforced concrete pavement, including all joints and curing, Complete in Place.

@ 23,900 SY

Per Square Yard

55 . 6 - inch reinforced concrete curb, Complete in

Place.

@ 13,910 LF

Per Linear Foot

56 . Tie-in to existing pavement, Complete in Place.

@ 7 EA

Per Each

57 . Traffic buttons, striping, and markings as shown in plans, and in accordance with plan details, complete in place.

@ 1 LS

Per Lump Sum

58 . Traffic signs, as shown in plans, Complete in

Place.

@ 25 EA

Per Each

BID - 11

Construction of Water, Sanitary, Drainage, And Pavement in Evergreen Village Collector Road Mass Grading, BID FORM

Item Description Quantity Unit Unit Cost Extended Total

59 . Traffic barricades, including the removal and replacement (if necessary) of existing barricades, and the installation and maintenance of proposed barricades as shown in plans, Complete in Place.

@ 6 EA

Per Each

EXCAVATION, GRADING & DETENTION

60 . Offsite ditch, urban, backslope,…