CONTRACT DOCUMENTS AND CONSTRUCTION

SPECIFICATIONS

FOR

FM 1405 DRIVEWAY

IMPROVEMENTS

FOR

CEDAR PORT INDUSTRIAL DEVELOPMENT

Cedar Port Navigation and Improvement District Chambers County, Texas

KH # 067790430

Prepared by:

Kimley-Horn and Associates, Inc.

11700 Katy Freeway, Suite 800

Houston, TX 77079 TBPE No. F-928

(281) 597-9300

September 2026

TABLE OF CONTENTS

Section 1 Bid Requirements Page(s) Invitation to Bidders I-2 Instructions to Bidders I-3 Bid Form I-24 Bid Bond I-27 Bidders Qualification Statement I-29

Section 2 Contract Requirements Standard Construction Contract II-2 Performance Bond II-10 Payment Bond II-14 Maintenance Bond II-18 House Bill 89 II-20 Certification 2252 II-21 Certificate of Interested Parties (Form 1295) II-22 Vendor Conflict of Interest Questionnaire II-23 General Conditions GC 1- 75 Supplementary Conditions SC 1- 25

Section 3 Specifications General Notes Standard Specifications Special Provisions

Appendices - None -

END OF SECTION

SECTION 1

BID REQUIREMENTS

I - 2 Invitation to Bidders

INVITATION TO BIDDERS

ELECTRONIC BIDS, addressed to Cedar Port Navigation and Improvement District, Attention: William F. Scott, President, Board of Directors, c/o Jacob Reinig will be received online at www.Civcast.com until 2:00 p.m. CST on Thursday, October 8, 2026, for furnishing all labor, material, equipment and the performance of all work required for:

FM 1405 DRIVEWAY IMPROVEMENTS

At 3:00 p.m. CST via teleconference bids will be opened, read aloud and retained by the Engineer for tabulation, checking and evaluation. Any bid received after the above time and date will not be accepted.

COMPLETED BID FORMS shall be accompanied by a Bid Guaranty consisting of either a cashier’s check or a Bid Bond on the form included or similar form of Surety Company made payable to Owner, and in the amount of five percent (5%) of the total base bid as a guarantee that if the bid is accepted, the bidder will execute the Contract and furnish the required Bonds, within the time-frame indicated in the Bid Form, to Owner.

BIDDING DOCUMENTS may be obtained online through CivCast at www.civcastusa.com. There is NO charge to view or download documents.

Bidders’ shall acknowledge receipt of the plans and specifications by registering on this website. All Bidders who have registered will receive automatic email notifications pertaining to this Bid, such as addendums and other related information released subsequent to the initial release of plans, specifications, bid forms, and contract documents. It is the sole responsibility of the Bidder to register.

A MANDATORY PRE-BID CONFERENCE will be held at 2:00 p.m. CST Tuesday, September 29, 2026. The pre-bid conference will be organized using available teleconference methods (such as Microsoft Teams). More information regarding this conference can be found on CivCast.

The right is reserved, as the interest of Owner may require, to reject any and all bids, to waive any informality in the bids received, and to select a bid best suited to Owner best interest.

ADVERTISEMENT DATES:

September 10, 2026 (Baytown Sun) September 17, 2026 (Baytown Sun)

END OF SECTION

I - 3 Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700) (2002 Edition) have meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have meaning indicated below which are applicable to both the singular and plural thereof.

1.1. Bidder – one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2. Issuing Office – the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. For this project the issuing office is Kimley-Horn and Associates, Inc., 11700 Katy Freeway, Suite 800, Houston, Texas 77079 (phone (281) 597-9300).

1.3. Successful Bidder – the responsible Bidder that in the Owner’s judgement will be most advantageous to the Owner and result in the best and most economical completion of the work and to whom Owner makes an award.

2. COPIES OF BIDDING DOCUMENTS

2.1. Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.2. Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

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2.3. Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website.

Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant.

Registered plan holders will receive Addenda issued by Owner.

2.4. Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf). It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.4.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

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3. QUALIFICATION OF BIDDERS

3.1. Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications

3.2. A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.3. No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

No pre-qualification of bidders is required. However, in consideration of the bids, Owner may require bidders to furnish a written experience record and a financial statement or the most recent audited financial statement of the firm. Owner reserves the right to use these items of data to influence a decision as to the award of the contract. Bidders need not submit a statement of experience and financial condition unless requested to do so by Owner.

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4. PRE-BID CONFERENCE

4.1. A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum.

4.2. Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

5. SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.1. Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.2. Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

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b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions.

Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.2.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.3. Other Site-related Documents

A. No other Site-related documents are available.

5.4. Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

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B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

D. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.5. Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

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5.6. Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

6. BIDDER’S REPRESENTATIONS AND CERTIFICATION

6.1. Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

7. INTERPRETATION AND ADDENDA

7.1. Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.2. Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All questions shall be submitted through CivCast.

7.3. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

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7.4. Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

8. BID SECURITY

8.1. A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. Bid security must be at least 5% of the Bidder’s maximum Bid price.

8.2. The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.3. The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.4. Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

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9. CONTRACT TIMES

9.1. The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and

(c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.2. Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

10. SUBSTITUTE AND “OR EQUAL” ITEMS

10.1. The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. Each such request shall include the Manufacturer’s Certification for Compliance with AIS. Refer to the Manufacturer’s Certification form provided in these construction Contract Documents.

The burden of proof of the merit of the proposed item is upon Bidder.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.05 and 7.06 of the General Conditions after the Effective Date of the Contract. Each such request shall include Manufacturer’s Certification letter to document compliance with AIS requirements of Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference, if applicable. Refer to Manufacturer’s Certification Letter provided in these Contract Documents.

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10.2. All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

11. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.1. The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening.

11.2. If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.3. If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

11.4. The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07A.

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12. PREPARATION OF BID

12.1. The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.2. If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.3. A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.4. A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.5. A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.6. A Bid by an individual must show the Bidder’s name and official address.

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12.7. A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.8. All names must be printed in ink below the signatures.

12.9. The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11. The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12. If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

13. BASIS OF BID

13.1. Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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C. Discrepancies between the multiplication of units of Work and unit prices 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.

13.2. Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

14. SUBMITTAL OF BID

14.1. The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

14.2. A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents.

14.3. Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

15. MODIFICATION AND WITHDRAWAL OF BID

15.1. An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.2. If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

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15.3. 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, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

16. OPENING OF BIDS

16.1. Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.1. All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

18. EVALUATION OF BIDS AND AWARD OF CONTRACT

18.1. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.2. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.3. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.4. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

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18.6. Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.7. In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.8. Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

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19. BONDS AND INSURANCE

19.1. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.2. Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

20. SIGNING OF AGREEMENT

20.1. When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

21. SALES AND USE TAXES

21.1. Owner is exempt from Texas state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. 81-0661248).

Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

22. PERMITS

The successful bidder shall be responsible for obtaining all required permits, including, but not limited, to the following:

City of Baytown Chambers County Texas Department of Transportation

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23. LOCATIONS FOR EXAMINING CONTRACT DOCUMENTS:

Bidders may download contract documents for these contracts at www.civcastusa.com.

24. WORKERS’ COMPENSATION INSURANCE COVERAGE:

See Article 6 of the General Conditions and the Supplementary Conditions.

25. TAXES, LICENSES AND FEES:

Certain taxes, licenses, fees and other similar items are part of the cost of the work and it shall be Contractor’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to the same. The prices, sums, rates and other charges set forth in the Contractor’s bid shall 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 and Contractor shall not collect Texas sales and use taxes from Owner with respect to this contact. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Used Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311: (i) tangible personal property that will be incorporated into Owner’s realty;

(ii) tangible personal property that is necessary and essential for the performance of this contact and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and (ii) shall pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas Sales and use taxes.

Contractor must pay taxes on items that are not exempt.

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26. SOIL REPORT:

If soils report and log of borings are provided, they are available for Bidders’ information only. The report if it is provided, is not warranty of surface or 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 character of the materials to be encountered. Contractor shall not be entitled to an adjustment to the Contract Price or Contract Time for unanticipated surface or subsurface conditions.

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

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27. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE:

27.1. 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 the applicable minimum wage rates. The statute further provides that the Contractor or Subcontractors shall pay, as a penalty, to the 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. The Owner is authorized to withhold from the Contractor the amount due under the Contract.

The Statute likewise requires that the Contractor and Subcontractor keep an accurate record of the name and occupations of all persons employed by them in 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 the Owner.

Labor Classification and Minimum Wage Scale: The minimum wage rates that apply to this Contract are those in effect at the time the bids are received.

Contractor agrees to review and ascertain such wage rates and to pay at least such minimum rates. Refer to Chambers County prevailing wage rates Exhibit B at the back of the supplementary conditions.

28. CONFLICT OF INTEREST:

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (“Chapter 176”) mandates the disclosure of certain items by contractors doing business with or proposing to do business with local government entities, including municipal utility districts, road utility districts, road improvement districts, levee improvement districts, drainage districts, water control and improvement districts, bayou improvement districts, regional water authorities, fresh water supply districts, management districts, tax increment reinvestment zones, development authorities, etc.

Bidders should review Chapter 176 with their attorney and, if required, return the attached completed FORM CIQ with their Bid. The following is a list of the Board of Directors of Owner to facilitate Bidder’s compliance with Chapter 176.

Board of Directors

William F. Scott, President Matt Fleming, Vice President Craig Cavalier, Secretary

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Clayton Henderson, Director Robert S. Jones, Director Roger Lambeth, Director Brian Bommer, Director

29. HOUSE BILL 1295

The Texas Legislature passed House Bill 1295 during the 84th Legislative Session, which enacted Section 2252.908, Government Code, imposing new requirements for contracts entered into by governmental entities. More specifically, a business entity must disclose certain interested parties, intermediaries, and controlling interests when seeking any contract that is in excess of $1 million or requires an action or vote by the governing body before a governmental entity may enter into the contract. Business entities are required to fill out and notarize disclosure forms promulgated by the Texas Ethics Commission (TEC). A governmental entity cannot enter into a contract until proper disclosure forms are received. HB 1295 potentially affects all contracts entered into by water districts, including construction contracts, consultant and service contracts and bond-related contracts.

· A governmental entity is a municipality, county, public school district or special purpose district or authority.

· A business entity is any entity recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

· An interested party is (i) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts;

or (ii) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity.

· A controlling interest is defined as: (i) an ownership interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent, (ii) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members, or (iii) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

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· An intermediary is a person who actively participates in the facilitation of a contract or negotiating a contract, including a broker, adviser, attorney or representative of or agent for the business entity who: (i) receives compensation from the business entity for the person’s participation; (ii) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (iii) is not an employee of the business entity.

Compliance with HB 1295 fundamentally changes the process of how business entities and water districts enter into contracts. The TEC has formulated rules and the attached FORM 1295 (See Appendix), resulting in the following prescribed process:

1) The business entity accesses the TEC website and completes an online FORM 1295, making all necessary disclosures required by HB 1295.

(Some of the information needed for the business entity to complete FORM 1295 will need to be provided by the governmental entity.)

2) The TEC website then generates a “confirmation number” and a PDF version of FORM 1295.

3) The business entity then executes and notarizes a hard copy of FORM 1295 and submits it, along with the “confirmation number,” to the governmental entity on or before the award of the contract.

4) The governmental entity then has 30 days to access the TEC website and confirm receipt of FORM 1295 by entering the confirmation number.

I - 24 Bid Form

BID FORM

FOR

FM 1405 DRIVEWAY IMPROVEMENTS

FOR

CEDAR PORT INDUSTRIAL DEVELOPMENT

Cedar Port Navigation and Improvement District Chambers County, Texas

(THIS BID FORM MUST BE COMPLETED IN ITS ENTIRETY, SUBMITTED IN ITS

ENTIRETY AND NOT REMOVED FROM THE CONTRACT DOCUMENTS)

Bid Date: October 8, 2026 at 2:00pm

TO: Kimley-Horn and Associates, Inc.

11700 Katy Freeway, Suite 800 Houston, Texas 77079

FOR: FM 1405 Driveway Improvements

Pursuant to the foregoing "Invitation to Bidders", the undersigned bidder, having thoroughly examined the Contract Documents, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to fully complete all of the work and requirements as provided in the plans and Contract Documents and binds himself/herself upon acceptance of this bid form to execute a contract and furnish such bonds as required and proposes to complete the work within the time stated and for the following prices:

DO NOT DISASSEMBLE

FM 1405 Driveways For Chambers County Improvement District No. 1

Qty Units Item Description Unit Price Total

A 1 1 LS Mobilization and Demobilization $ $ A 2 24 STA Preparation of Right-of Way $ $

SUBTOTAL SECTION A $

Qty Units Item Description Unit Price Total B 1 505 LF Rock Filter Dam Intallation. Complete-in-Place. $ $

B 2 505 LF Rock Filter Dam Removal, including disposal post construction.

Complete-in-Place. $ $

SUBTOTAL SECTION B $

Qty Units Item Description Unit Price Total

C 1 5,260 SY 12" Reinforced Concrete Pavement (including joints), Complete-in- Place. $ $

C 2 5,500 SY 8" Cement Treated Subgrade, Complete-in-Place. $ $ C 3 83 TON Cement for Subgrade (Approx. 30 lb/SY). Complete-in-Place. $ $

C 4 441 CY Roadway Excavation, Material to be Hauled and Stockpiled within a 5 mile radius Coordinate with CCID1 Representative. Complete-in-place. $ $

C 5 4,820 CY Roadway Embankment, Complete-in-Place. $ $ C 6 2,463 SY Furnishing and Placement of 4-in of Topsoil. Complete-in-Place. $ $ C 7 2,463 SY Broadcast Seeding. Complete-in-Place. $ $ C 8 16 TGL Vegatative Watering, 1.3 gal/SY/WEEK. Complete-in-Place $ $ C 9 1 LS Pavement Makrings and Standard Aluminum Signs, Complete-in-Place $ $

C 10 3 MO Barricades and Construction Signage and Traffic Channelizing devices associated with Traffic Control Plan. Complete-in-Place $ $

SUBTOTAL SECTION C $

C. PAVING\ROADWAY ITEMS

Item No.

A. MOBILIZATION & SITE PREPARATION

Item No.

B. SWPPP ITEMS

Item No.

FM 1405 Driveways For Chambers County Improvement District No. 1

D. ROAD SIDE DRAINAGE

Item No. Qty Units Item Description Unit Price Total

D 1 57 LF Drainage Ditches - Furnish and Install 24" RCP driveway culverts, Complete In Place. $ $

D 2 110 LF Drainage Ditches - Furnish and Install 30" RCP driveway culverts, Complete In Place. $ $

D 3 991 LF Drainage Ditches - Furnish and Install 48" HDPE (Watertight) driveway culverts, Complete In Place. $ $

D 2 2 EA 24" Precast Safety End Treatment (PSET-SP). Complete-in- Place. $ $

D 4 4 EA 30" Precast Safety End Treatment (PSET-SP). Complete-in- Place. $ $

D 6 6 EA 48" Precast Safety End Treatment (SETP-CD). Complete-in- Place. $ $

SUBTOTAL SECTION D $

BID SUMMARY

MOBILIZATION & ALLOWANCES SECTION A $

SWPPP ITEMS SECTION B $

PAVING\ROADWAY ITEMS SECTION C $

ROAD SIDE DRAINAGE ITEMS SECTION D $

TOTAL BASE BID (SECTIONS A-D) $

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID BOND

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Cedar Port Navigation and Improvement District Project (name and location):

Address (principal place of business): FM 1405 Driveway Improvements

2727 Allen Parkway, Suite 1100 Houston, Texas 77019

Bid Due Date: October 8, 2026

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and…