Manual (1).pdf

PROJECT MANUAL

Everly Phase II Streetscape & Linear Park

Harris County, Texas

Bid Documents and Specifications For Construction of

Landscape Improvements

Prepared by:

KW Landscape Architects 6925 Portwest Drive, Suite 100

Houston, Texas 77024

Phone 713-869-6987

Fax 713-869-0908 www.kwtexas.com

Contract Documents September 2026

September 11, 2026

Section 000110 Everly Phase II Streetscape & Linear Park

Issue for Bid TABLE OF CONTENTS

DOCUMENT 000110 – TABLE OF CONTENTS

SECTION ONE

1. Invitation to Bidders

2. Instructions to Bidders

3. Hardscape Bid Submittal Form

4. Softscape Bid Submittal Form

SECTION TWO

Contract

General Conditions of the Contract

Attachment A to the General Conditions of the Contract

Attachment B to the General Conditions of the Contract

Addendum to the General Conditions of the Contract

Special Conditions of the Contract Part A

Special Conditions of the Contract Part B

Texas Sales and Use Tax Exemption Certificate

Bonds

SECTION THREE

Technical Specifications: Site and Infrastructure Subgroup

a. DIVISION 01 – General Requirements

015500 - Vehicular Access and Parking

015713 - Temporary Erosion and Sediment Control

017419 - Construction Waste Management and Disposal

b. DIVISION 07 – Thermal and Moisture Protection

079200 - Joint Sealants

c. DIVISION 09 – Finishes

099113 - Exterior Painting

099300 - Staining and Transparent Finishing

d. DIVISION 32 – Exterior Improvements

321413 - Precast Concrete Unit Paving

321500 - Aggregate Surfacing

321623 - Sidewalks

323119 - Decorative Metal Fences and Gates

323300 - Site Furnishings

328423 - Underground Sprinklers

329119 - Landscape Grading

329219 - Seeding

329223 - Sodding

329300 - Plants

Electronic Bids Only, Electronic Signatures Option, and Remote Public Bid Opening Option September 2023

Johnson Development Company Date: September 11, 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Harris County Municipal Utility District No. 535, Attention Gregory

Prioli, President, Board of Directors, will be electronically received, until 3:00 p.m. Local Time, September

30, 2025, and then publicly opened and read at KW Landscape Architects for “Everly Phase II Streetscape

& Linear Park for Harris County Municipal Utility District No. 535, Harris County, Texas” In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via

Microsoft Teams. To join via Microsoft Teams Meeting ID: 252 839 634 743 054 Passcode: 65zt93Vn.

Scope of Work of the Contract Documents includes the following: Concrete Sidewalks, Zip Line, Playground Equipment, Site Furnishings, Boulders, Gravel paths, Landscape and Irrigation

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held remotely on September 16, 2025, at 11:00 a.m. Local Time, on Microsoft Teams

Meeting ID: 226 886 934 584 84 Passcode: md9Ev3qS.

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

Everly Phase II Streetscape & Linear Park. 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.

Harris County Municipal Utility District No. 535 INSTRUCTIONS TO BIDDERS

1109700 Instructions to Bidders September 2023

INSTRUCTIONS TO BIDDERS

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

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

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

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

Bidders on the same Project.

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

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

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

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

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

Invitation to Bidders.

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

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com system for such information to 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/ 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. The Bonds must be in the form prescribed by the

Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the

Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas 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 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, with its Bid, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at

Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the

Contractor’s statement of qualification is available from the 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 Harris

County Municipal Utility District No. 535; the contract ID number is JDC-601; and the description of goods and services is Everly Phase II Streetscape & Linear Park. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR

BID.

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.

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 their 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

Docusign for signature. 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.

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

$600 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.

PROPOSAL

Proposal for Construction of Everly Phase II Streetscape and Linear Park - Hardscape Improvements

Johnson Development Company c/o KW Landscape Architects

6925 Portwest Drive, Suite 100

Houston, TX 77024

Bidders:

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the terms and conditions of the contract Documents.

BIDDER accepts all of the terms and conditions of the Invitation to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement and other documents required by the Bidding Requirements within ten days after the date of OWNER'S Notice of Award.

In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which are hereby acknowledged:

Addendum No. Date Received Acknowledgement

Project is tax exempt. Bid security is required.

Sign/Date: Bidding Entity Name:

Site Visit Acknowledgement:

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

BIDDER to fill out bid form quantities and unit prices as described in the attachments. Bids that do not comply with this form will be considered incomplete. If units of measurement desired by contractor are different than listed, clearly cross out and write in desired/priced units. Contact Landscape Architect with any questions regarding bid form and unit adjustments being made.

Everly Phase II Streetscape and Linear Park - Hardscape Improvements

State Contractor License No.:

Federal Tax Identification No.:

Individual:

Partnership:

Corporation:

Joint Venture:

Address and Phone for official communications:

Date of Qualification to do Business:

By (Name):

Address:

Business Address:

Business Phone:

State of Incorporation:

By (person authorized):

Name:

Doing Business As:

Business Address:

Business Phone:

Firm Name:

Title:

Attest (Secretary):

General Partner:

Business Address:

Business Phone:

Corporation Name:

Date Submitted:

Address:

By (Name):

Notary:

STATE OF TEXAS §

COUNTY OF §

SEE ADDITIONAL ATTACHMENTS:

ATTACHMENT A: SUBCONTRACTORS

ATTACHMENT B: UNIT & EXTENDED PRICES

ATTACHMENT C: PROPOSAL SUMMARY

Before me, the undersigned Notary Public in and for the State of Texas, on this day personally appeared

__________________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed such instrument for the purposes therein expressed, and in the capacity therein stated as the act and deed of such business enHty.

Name:

My commission expires:

Notary Public, State of Texas

Subcontractor: Scope or Work Performed:

Exhibit A: Subcontractors to be used:

Exhibit B: Unit Prices

A.

B.

C.

1 LS $ CONFIRM REQ'T

2 1 LS $ $

3 1 LS $ $

4 1 LS $ $

1 LS

1 LS $

1 A1

32432 SF

2 A2

549 LF

3 A3

2821 SF

4 A4

39 TON

5 A5

349 CY

6 A6

239 LF

7 A7

756 LF

8 A8

1 LS

9 A9

1331 SF

STEEL EDGE, REFER TO DETAILS FOR

SPECIFICATIONS

Item

No.

Callout Description

PERMIT FEES - HARRIS COUNTY

IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONFIRM

THE APPROPRIATE PERMIT FEES FOR THE JURISDICTION IN

WHICH THE WORK IS TO BE PERFORMED.

SURVEY CREW FOR LAYOUT STAKING

GENERAL CONDITIONS

BASE BID (ALL ITEMS SHALL BE INCLUDED IN BASE BID)

CONCRETE SIDEWALK, REFER TO DETAILS FOR

SPECIFICATIONS

Unit prices govern additions to or deductions from the Lump Sum Base Bid.

The following unit prices shall include all labor, materials, excavation, backfilling, bed and or pit preparation, overhead, profit, insurance, taxes, etc., to cover the finished work of several kinds called for. Changes shall be processed as per the General Conditions of the Contract.

In the event an extension error is made in computing the bid, the “unit cost” column will control. Qualifying statements or accompanying qualifying letters will be cause for rejection of bid.

QTY Unit Unit Price Item Total

MOBILIZATION

ELECTRICAL CHANNEL, METER, AND CONNECTION

TO TRANSFORMER

CONCRETE BAND, REFER TO DETAILS FOR

SPECIFICATIONS

GENERAL ITEMS

ACCENT BOULDERS, 1'X1'X1'; 2'X1.5'X1';

4'X2'X2' SIZES, INSTALLED IN PLACE

ENGINEERED WOOD FIBER, REFER TO

DETAILS FOR SPECIFICATIONS

BLACKSTAR GRAVEL, 3/8" SIZE W/ FILTER

FABRIC, INSTALLED IN PLACE

TIE TO EXISTING CONCRETE, REFER TO

DETAILS FOR SPECIFICATIONS

THICKENED CONCRETE EDGE, REFER TO

DETAILS FOR SPECIFICATIONS

FINE GRADING, ±1-2" GRADING AFTER CONSTRUCTION.

CONTRACTOR TO HAUL OFF OF DEBRIS FROM PROJECT SITE.

ARTIFICIAL TURF, REFER TO DETAILS FOR

SPECIFICATIONS, PROPOSAL #61637

10 B1

2 EA

11 H1

1 LS

12 J1 1 EA $ $

13 J2 3 EA $ $

14 J3 2 EA $ $

15 J4 3 EA $ $

16 J5 5 EA $ $

17 J6 1 LS $ $

18 J7

1 LS

19 1 LS $ $

20 1 LS $ $

LS $ $

1 LS

2 1 LS $ $

1 - 1 SF $ $

SELECT CLEARING (ANY WOODY

MATERIALS < 2" DIA.)

PLAYGROUND EQUIPMENT, INSTALLATION

ONLY

ROUGH GRADING/ EXCAVATION OF

PLAYGROUND AREA

ON SITE DIRT HAULING

PICNIC TABLE, INSTALL COMPLETE

TRASH RECEPTACLE, INSTALL COMPLETE

ZIPLINE, INSTALLATION ONLY

BENCH 'B', INSTALL COMPLETE

ADA PICNIC TABLE, INSTALL COMPLETE

FINE GRADING AND DRAINAGE, INCLUDING BUT NOT

LIMITED TO INLETS, FRENCH DRAINS, PIPING, FITTINGS, ETC.

REFER TO GRADING PLANS.

ROUGH GRADING

UNIT PRICES FOR ITEMS THAT MAY OR MAY NOT BE INCLUDED IN PLANS - DO NOT INCLUDE IN BID CALCULATION

Rough, Fine Grading, and Drainage

SITE EXCAVATION/ EARTHWORK

ADA CONCRETE RAMP, SEE DETAILS FOR

SPECIFICATIONS

LANDSCAPE BERM, SEE DETAILS FOR

SPECIFICATIONS

BENCH 'A', INSTALL COMPLETE

Exhibit C: Proposal Summary

Summary:

1. General Conditions $

(Items 1 - 6 Total)

2. Hardscape Total $

(Items 1 - 21 Total)

3. Rough, Fine Grading, and Drainage Total $

(Items 1 - 2 Total)

TOTAL BASE BID $

BIDDER agrees that the Work will be completed and ready for final payment in accordance with paragraph 14.13 of the

General Conditions within 120 calendar days after the date when the Contract Time commences to run.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders.

BIDDER will complete the Work in accordance with the Contract Documents for the following prices as based on Unit

Prices and Quantities provided in Exhibit C: Unit Prices:

PROPOSAL

Proposal for Construction of Everly Phase II Streetscape and Linear Park - Softscape Improvements

Johnson Development Company c/o KW Landscape Architects

6925 Portwest Drive, Suite 100

Houston, TX 77024

Bidders:

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the terms and conditions of the contract Documents.

BIDDER accepts all of the terms and conditions of the Invitation to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement and other documents required by the Bidding Requirements within ten days after the date of OWNER'S Notice of Award.

In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which are hereby acknowledged:

Addendum No. Date Received Acknowledgement

Project is tax exempt. Bid security is required.

Sign/Date: Bidding Entity Name:

Site Visit Acknowledgement:

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

BIDDER to fill out bid form quantities and unit prices as described in the attachments. Bids that do not comply with this form will be considered incomplete. If units of measurement desired by contractor are different than listed, clearly cross out and write in desired/priced units. Contact Landscape Architect with any questions regarding bid form and unit adjustments being made.

Everly Phase II Streetscape and Linear Park - Softscape Improvements

State Contractor License No.:

Federal Tax Identification No.:

Individual:

Partnership:

Corporation:

Joint Venture:

Address and Phone for official communications:

Date of Qualification to do Business:

By (Name):

Address:

Business Address:

Business Phone:

State of Incorporation:

By (person authorized):

Name:

Doing Business As:

Business Address:

Business Phone:

Firm Name:

Title:

Attest (Secretary):

General Partner:

Business Address:

Business Phone:

Corporation Name:

Date Submitted:

Address:

By (Name):

Notary:

STATE OF TEXAS §

COUNTY OF §

SEE ADDITIONAL ATTACHMENTS:

ATTACHMENT A: SUBCONTRACTORS

ATTACHMENT B: UNIT & EXTENDED PRICES

ATTACHMENT C: PROPOSAL SUMMARY

Before me, the undersigned Notary Public in and for the State of Texas, on this day personally appeared

__________________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed such instrument for the purposes therein expressed, and in the capacity therein stated as the act and deed of such business enHty.

Name:

My commission expires:

Notary Public, State of Texas

Subcontractor: Scope or Work Performed:

Exhibit A: Subcontractors:

Exhibit B: Unit & Extended Prices

A.

B.

C.

D.

1 LS $ CONFIRM REQ'T

2 1 LS $

3 1 LS $

3 EA $ $

1 LS $

6 2 LS $

7 3 LS $

8 4 LS $

1 LS $ $

10 -

10 EA $ $

11 -

12 EA $ $

12 -

45 EA $ $

PREPARED PLANTING MIX AND HARDWOOD

MULCH, FOR ALL TREE PLANTING AND SHRUB BEDS PER

DETAILS AND SPECIFICATIONS

GENERAL CONDITIONS

Unit prices govern additions to or deductions from the Lump Sum Base Bid.

QTY Unit Unit Price Item Extended Total

The following unit prices shall include all labor, materials, excavation, backfilling, bed and or pit preparation, overhead, profit, insurance, taxes, etc., to cover the finished work of several kinds called for. Changes shall be processed as per the General Conditions of the Contract.

In the event an extension error is made in computing the bid, the “unit price” column will control. Qualifying statements or accompanying qualifying letters may be cause for rejection of bid.

Description

PERMIT FEES - HARRIS COUNTY

IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONFIRM

THE APPROPRIATE PERMIT FEES FOR THE JURISDICTION IN

WHICH THE WORK IS TO BE PERFORMED.

BASE BID (ALL ITEMS SHALL BE INCLUDED IN BASE BID)

Quantities provided in Bid Form shall be confirmed by bidder against the "Issue for Bid" plans including all Addenda.

Quantities shown in plans take precedence over quantities provided by landscape architect in bid form. Bidder shall notify landscape architect in writing of any discrepancies between Plans and Bid Form.

Item

No.

MAGNOLIA GRANDIFLORA 'D.D

BLANCHARD' , 45G

D.D BLANCHARD SOUTHERN MAGNOLIA,

INSTALL COMPLETE

MAGNOLIA GRANDIFLORA 'D.D

BLANCHARD' , 65G

D.D BLANCHARD SOUTHERN MAGNOLIA,

INSTALL COMPLETE

PINUS TAEDA , 45G

LOBLOLLY PINE, INSTALL COMPLETE

MOBILIZATION

1" WATER METER, W/ ISOLATION VALVE, AND BACKFLOW

PREVENTOR

IRRIGATION SYSTEM; INCLUDING, BUT NOT LIMITED TO,

ALL ITEMS ILLUSTRATED ON IRRIGATION PLANS AND DETAILS,

SECTION 328400 OF WRITTEN SPECIFICATIONS,

MANUFACTURER-SPECIFIC REQUIREMENTS, AND

APPURTENANCES LISTED A THROUGH X IN UNIT PRICE ITEMS

BELOW.

PAYMENT BOND

PERFORMANCE BOND

LANDSCAPE MAINTENANCE, 60 DAYS

13 -

48 EA $ $

14 -

20 EA $ $

15 -

10 EA $ $

16 -

3 EA $ $

17 -

3 EA $ $

18 -

7 EA $ $

19 -

11 EA $ $

20 -

20 EA $ $

21 -

22 EA $ $

22 -

4 EA $ $

23 -

109 EA $ $

24 -

11 EA $ $

25 -

43 EA $ $

26 -

128 EA $ $

27 -

234 EA $ $

28 -

7 EA $ $

29 -

106 EA $ $

30 -

490 EA $ $

31 -

360 EA $ $

32 -

71 EA $ $

33 -

352 EA $ $

34 -

3859 EA $ $

MUHLENBERGIA CAPILLARIS 'GULF

COAST' , 3G

GULF COAST PINK MUHLY GULF, INSTALL

COMPLETE

MISCANTHUS SINENSIS 'ADAGIO' , 3G

ADAGIO MAIDEN GRASS, INSTALL

COMPLETE

ASPARAGUS AETHIOPICUS , 3G

FOXTAIL FERN, INSTALL COMPLETE

DIANELLA TASMANICA 'VARIEGATA' , 3G

VARIEGATED FLAX LILLY, INSTALL

COMPLETE

FICUS TIKOUA , 1G

SANDY LEAF FIG IVY, INSTALL COMPLETE

PINUS TAEDA , 65G

LOBLOLLY PINE, INSTALL COMPLETE

QUERCUS SHUMARDII , 45G

SHUMARD OAK, INSTALL COMPLETE

QUERCUS SHUMARDII , 65G

SHUMARD OAK, INSTALL COMPLETE

QUERCUS SHUMARDII , 100G

SHUMARD OAK, INSTALL COMPLETE

QUERCUS VIRGINIANA , 45G

LIVE OAK, INSTALL COMPLETE

QUERCUS VIRGINIANA , 65G

LIVE OAK, INSTALL COMPLETE

QUERCUS VIRGINIANA , 100G

LIVE OAK, INSTALL COMPLETE

ULMUS CRASSIFOLIA , 65G

CEDAR ELM, INSTALL COMPLETE

ILEX VOMITORIA , 15G

YAUPON HOLLY, INSTALL COMPLETE

ILEX VOMITORIA , 30G

YAUPON HOLLY, INSTALL COMPLETE

MYRICA CERIFERA , 30G

WAX MYRTLE, INSTALL COMPLETE

VIBURNUM SUSPENSUM , 7G

SANDANKWA VIBURNUM, INSTALL

COMPLETE

QUERCUS MACROCARPA , 65G

BURR OAK, INSTALL COMPLETE

VITEX AGNUS-CASTUS , 30G

CHASTE TREE, INSTALL COMPLETE

CALLISTEMON RIGIDUS 'LITTLE JOHN' ,

3G

LITTLE JOHN BOTTLEBRUSH, INSTALL

LIGUSTRUM SINENSE 'SUNSHINE' , 7G

SUNSHINE LIGUSTRUM, INSTALL

COMPLETE

MALVAVISCUS ARBOREUS

DRUMMONDII , 3G

TURK'S CAP, INSTALL COMPLETE

35 -

285 EA $ $

36 -

466 EA $ $

37 -

182 CY $ $

38 -

162057 SF $ $

39 -

31030 SF $ $

1 LS $ $

1 LS $ $

42 2946 LF $ $

A. 1 LF $

B. 1 LF $

C. 1 EA $

D. 1 EA $

E. 1 EA $

F. 1 EA $

G. 1 EA $

H. 1 EA $

I. 1 EA $

J. 1 EA $

K. 1 EA $

L. 1 EA $

M. 1 EA $

N. 1 EA $

O. 1 LF $

P. 1 LF $

Q. 1 LF $

R. 1 LF $

S. 1 LF $

T. 1 LF $

U. 1 LF $

V. 1 LF $3” Mainline

1.5" R/C VALVE -

1" R/C VALVE -

STRIP SPRAY -

SOD SPRAY -

2 ½” Mainline

UNIT PRICES (FOR ITEMS THAT MAY OR MAY NOT BE INCLUDED IN PLANS - DO NOT INCLUDE IN BID CALCULATION)

SHRUB SPRAY -

TURF ROTATOR -

1 1/2" WATER METER

½” Lateral Line

¾” Lateral Line

2" R/C VALVE -

1” Lateral Line

1 ¼” Lateral Line

1 ½” Lateral Line

2” Lateral Line

4" DIA. IRRG. SLEEVE

6" DIA. IRRG. SLEEVE

BACKFLOW PREVENTER -

LIRIOPE MUSCARI 'BIG BLUE' , 1G

BIG BLUE LIRIOPE, INSTALL COMPLETE

LANTANA MONTEVIDENSIS , 1G

TRAILING PURPLE LANTANA, INSTALL

COMPLETE

CONTROLLER 1 -

CONTROLLER 2 -

RAIN SENSOR -

SHOVEL CUT EDGE, REFER TO PLANS FOR LOCATIONS

SILT FENCE, REMOVAL AND LEGAL DISPOSAL OF ALL SILT

FENCE AND TRASH // DEBRIS GENERATED WITHIN SCOPE OF

WORK AREA

PLANTING STRAW MULCH ONLY AREAS ,

REFER TO DETAILS FOR SPECIFICATIONS

CYNODON DACTYLON , HYDROMULCH

BERMUDA GRASS

CYNODON DACTYLON , SOD

BERMUDA GRASS

TREE STAKES, REFER DETAILS FOR QTY PER TREE BASED ON

TREE SIZE

W. 1 LF $

X. 1 LF $

- 1 LF $

- 1 LF $

- 1 EA $

- 1 EA $

- 1 CY $

12" CATCH BASIN WITH PLASTIC DRAIN COVER

12" CATCH BASIN WITH METAL DRAIN COVER

ON-SITE DIRT HAULING

4” Mainline

6” Mainline

6" SOLID WALL LANDSCAPE DRAIN PIPE

6" PERFORATED LANDSCAPE DRAIN PIPE

Exhibit C: Proposal Summary

Base Bid:

1. General Conditions Total $

(Item 1 - 8 Total)

2. Landscape and Planting Total $

(Items 9 - 42 Total)

TOTAL BASE BID $

BIDDER agrees that the Work will be completed and ready for final payment in accordance with paragraph 14.13 of the

General Conditions within 90 calendar days after the date when the Contract Time commences to run.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders.

BIDDER will complete the Work in accordance with the Contract Documents for the following prices as based on Unit

Prices and Quantities provided in Exhibit C: Unit Prices:

Project Name Softscape Improvements

Harris County Municipal Utility District No. 535 CONTRACT

5) Contract - September 2023 (FINAL) Contract 1 of 2 September 2023

CONTRACT

STATE OF TEXAS }

COUNTY OF }

THIS CONTRACT (“Contract”) is made and entered into this _____________________ day of

___________, 20__…