Project Manual (3).pdf

CONTRACT DOCUMENTS &

SPECIFICATIONS

FOR

MONTGOMERY COUNTY

MUNICIPAL UTILITY DISTRICT

NO. 96

WATER PLANT NO. 1

RECOATING

Project No. 14042522-052 Contract No. 001

SEPTEMBER 2026

14042522-052 00001- 1

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR THE CONSTRUCTION OF

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 96

WATER PLANT NO. 1 RECOATING

LOCATED IN

MONTGOMERY COUNTY, TEXAS

PAPE DAWSON PROJECT NO. 14042522-052

Seals & Certifications

Pape-Dawson

Texas P.E. Board Firm Registration No. 470 Jason Johnson, P.E.

September 2026

The Professional Engineer whose signed and dated seal appears above was in responsible charge of preparing the following sections of the Contract Documents, which are fully identified by Section Number and Title in the TABLE OF CONTENTS:

01005,01045,01330,01340,01415,01600,01660,01780,02100,02605,09905

9/8/26

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 96 WATER PLANT NO. 1 RECOATING

14042522-052

TABLE OF CONTENTS

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

00100 INVITATION TO BIDDERS

00200 INSTRUCTIONS TO BIDDERS

00410 BID FORM

00520 AGREEMENT

00530 SPECIAL CONDITIONS OF THE AGREEMENT

00610 PERFORMANCE BOND

00615 PAYMENT BOND

00620 MAINTENANCE BOND

00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

00750 SUPPLEMENTARY CONDITIONS – INSURANCE

00800 SUPPLEMENTARY CONDITIONS – GENERAL

00810 ADDITIONAL CONDITIONS

00900 WAGE RATE SCALE

DIVISION 01 – GENERAL REQUIREMENTS

01005 SUMMARY OF WORK

01045 COORDINATION WITH OWNER’S OPERATIONS

01330 SUBMITTALS

01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

01415 OBSERVATION OF CONSTRUCTION

01600 MATERIALS AND EQUIPMENT

01660 CLEANING AND ADJUSTING

01780 CONTRACT CLOSEOUT

TECHNICAL SPECIFICATIONS

DIVISION 02 – SITE WORK

02100 WASTE MATERIAL DISPOSAL

02605 DISINFECTION OF WATER LINES AND WATER PLANTS

DIVISION 09 – FINISHES

09905 PROTECTIVE COATING SYSTEMS – POTABLE WATER FACILITIES

APPENDIX

EXHIBIT A – SITE PLAN

CONTRACTOR’S STATEMENT OF QUALIFICATIONS

-END-

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SECTION 00100

INVITATION TO BIDDERS

OWNER Montgomery County Municipal Utility District No. 96 c/o Matthew Reed Schwartz, Page & Harding, LLP

1300 Post Oak Blvd., Ste. 2400 Houston, Texas 77056

ENGINEER Pape-Dawson 2107 CityWest Blvd., 3rd Floor Houston, Texas 77042 Attn: John Lacy, P.E.

Telephone: 713-428-2400

PROJECT/WORK Water Plant No. 1 Recoating

BID OPENING TIME Tuesday, September 29, 2026 @ 2:00 p.m.

Sealed electronic bids, addressed to MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.

96 will be electronically received on the CivCastUSA Website (www.CivCastUSA.com) until 2:00 p.m. local time, Tuesday, September 29, 2026. Bidders may view the public opening of sealed Bids via Microsoft Teams by calling 210-926-0892 and use the Conference ID: 284 685 590#.

Apparent Low Bidders will be automatically generated and posted for furnishing all plan, labor, material and equipment and performing all work required for the construction of MONTGOMERY

COUNTY M.U.D. NO. 96 WATER PLANT NO. 1 RECOATING.

The Owner reserves the right to reject any or all PROPOSALS and to waive irregularities in the bidding. In case of ambiguity or lack of clearness in stating the prices in the PROPOSAL, the Owner reserves the right to consider the most advantageous construction thereof or to reject the

PROPOSAL.

– END OF SECTION –

http://www.civcastusa.com/

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SECTION 00115

LIST OF DRAWING SHEETS

DESCRIPTION SHEET NO.

EXHIBIT – Water Plant No. 1 Recoating 1 OF 1

14042522-052 00200 - 1

SECTION 00200

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the Standard General

Conditions of the Construction Contract (General Conditions) and the Supplementary Conditions.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Bidding Documents may be viewed and downloaded free of charge (with the option to purchase hard copies) at the CivCastUSA Website (www.CivCastUSA.com). Reproduction charges may apply according to CivCastUSA rates.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 When requested by either the Owner or Engineer, the apparent most qualified, responsible bidder must submit to Owner, within 5 days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualifications or to timely submit the statement of qualifications will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualifications is available from the Engineer upon request.

Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualifications if the bidder’s statement of qualifications 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, as applicable, must also be provided and is a consideration in the award of the Contract.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS AND SITE

4.01 Provisions concerning subsurface conditions and other physical conditions, Underground

Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Articles 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning any potentially Hazardous Environmental Conditions at the Site and possible

14042522-052 00200 - 2 changes in the Contract Documents due to any such conditions uncovered or revealed at the Site appear in Article 5.06 of the General Conditions.

4.02 Upon request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.03 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all (if available): (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), and (2) reports and drawings of Hazardous Environmental Conditions at the Site;

E. consider the information known to Bidder; information commonly known to

Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relate to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

14042522-052 00200 - 3

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.04 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 There will be no pre-bid conference for this project.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes to existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer in writing online to the www.CivCastUSA.com system or website. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, through the www.CivCastUSA.com website. Questions will be received up to 72 hours prior to the time and date for opening of Bids. Addenda, if issued, will be provided 48 hours prior to the time and date for opening bids. No explanation or interpretation of the Contract Documents, other than written addenda, is binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by a Bid security made payable to Owner. The Bid security required is an amount of 10% if the Bidder’s maximum Bid price is less than $250,000. The Bid security required is an amount of 5% if the Bidder’s maximum Bid price is $250,000 or more. The Bid security shall be in the form of a Bid bond issued by a surety meeting the requirements of Articles

6.01 and 6.02 of the General Conditions. CASHIER CHECKS WILL NOT BE ACCEPTED.

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8.02 The Bid security is a guarantee that the successful bidder will enter into the Contract within 9 days and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within 5 days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the 3 most qualified, responsible bidders within 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 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.

8.03 The Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which (Milestones are to be achieved and) the Work is to be completed and ready for final payment are set forth in the Agreement (Section 00520). All bidders submitting a Bid must accept the Contract Times as a requirement to the Contract Documents.

ARTICLE 10 – ECONOMIC DISINCENTIVES

10.01 Provisions for economic disincentives, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be based on materials and equipment specified or described in the

Bidding Documents. 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 or another manufacturer, but to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of the completed Bid Form. In preparing his Bid, the Bidder is expected to include the cost of the item so specified. A Bidder wishing to offer substitute items of equipment or materials for those specified is invited to do so by written request to Engineer explaining the substitutions and any cost savings that would result if the substitute item were accepted by the Owner. Each such request shall conform to the requirements of Article 7.05 and

7.06 of the General Conditions. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder.

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. In some cases, approval of substitute or “or equal” items will be set forth in an Addendum issued to all prospective Bidders.

ARTICLE 12 – PREVAILING WAGE RATE SCALE

12.01 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall ascertain the general prevailing wage rate received by the classes of Workers employed on Projects like this Project and shall specify in the call for bids and in the Contract the minimum wage rates which shall be paid for each type of Worker. This statute further provides

14042522-052 00200 - 5 that the CONTRACTOR or subcontractors shall pay a penalty to the OWNER sixty dollars 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.

12.02 The OWNER is authorized to withhold from the CONTRACTOR the amount of this penalty from any payment due under the Contract.

12.03 The statute also requires that the CONTRACTOR and subcontractors keep an accurate record of the names 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 shall be open to the inspection of the OWNER.

12.04 The minimum wage rates that apply to this Contract are specified in the attachment hereto.

CONTRACTOR and subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

ARTICLE 13 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within 5 days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s 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.

13.02 If the 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, Suppliers, individuals, or entities. Declining to make the requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Article 7.07 of the General Conditions.

ARTICLE 14 – PREPARATION OF BID

14.01 The Bid Form is included with the Bidding Documents.

14.02 All blanks on the electronic Bid Form shall be completed. Section 004100 shall also be completed and uploaded to the www.CivCastUSA.com website. Discrepancies between the unit

14042522-052 00200 - 6 prices in the electronic Bid Form and the unit prices in Section 00410 will be resolved in favor of the unit prices in the electronic Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. If no amount is to be included, zeroes or the words “No Bid,” “No Change,” or “Not Applicable” shall be entered in the spaces. No segregated bids or assignments will be considered. Unbalanced bids may be rejected. 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.

14.03 A Bid by a CORPORATION shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign). The corporate seal shall be affixed in the space provided and attested by the secretary or assistant secretary of the corporation. The official address of the corporation shall be shown.

14.04 A Bid by a PARTNERSHIP shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature). The official address of the partnership shall be shown.

14.05 A Bid by a LIMITED LIABILITY COMPANY shall be executed in the name of the firm by a member authorized to sign. The official address of the firm shall be shown.

14.06 A Bid by an INDIVIDUAL shall be executed by the individual with the individual’s name and official address.

14.07 A Bid by a JOINT VENTURE shall be executed by each joint venturer. The official address of the joint venture shall be shown.

14.08 All names shall be typed or printed in ink below the signatures.

14.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. Any bids not showing all Addenda may be rejected.

14.10 Postal and email addresses and telephone number for communications regarding the Bid shall be shown.

14.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state Contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 15 – BASIS OF BID

15.01 Unit Price

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

14042522-052 00200 - 7

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Article 13.03 of the General Conditions.

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.

15.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 13.02 of the General Conditions.

15.03 The Bid Form may include Supplemental Items that may be required to complete the Work. If minimum unit prices have been established for Supplemental Items shown on the Bid Form, the bidder may not bid a unit price less than the minimum; however, he may increase the unit price.

If maximum unit prices have been established for Supplemental Items shown on the Bid Form, the bidder may not bid a unit price more than the maximum; however, he may decrease the unit price. When Work covered by Supplemental Items is requested by the Owner or Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and the unit prices in the Bid Form. Award of the Contract will be based on the total amount bid, which may include selected Supplemental and Alternate Bid Items (See Article 22.02 below).

ARTICLE 16 – SUBMITTAL OF BID

16.01 Bids shall be completed electronically on the www.CivCastUSA.com website on the Bid Form provided.

16.02 Bids shall be submitted electronically to the www.CivCastUSA.com website no later than the date and time prescribed in the Advertisement or Invitation to Bid.

16.03 An acceptable Bid shall include the completed on-line Bid Form and any other documents that are required to be uploaded to the www.CivCastUSA.com website. The Bid security is a required upload. Other required uploads may include Section 00410 Bid Form, the List of Subcontractors and the List of Substitutions.

16.04 It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Instructions 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.

ARTICLE 17 – MODIFICATION AND WITHDRAWAL OF BID

17.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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.

17.02 If within 24 hours after Bids are received, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a http://www.civcastusa.com/

14042522-052 00200 - 8 material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

ARTICLE 18 – OPENING OF BIDS

18.01 Bids will be opened electronically on www.CivCastUSA.com at the time indicated in the

Advertisement or Invitation to Bid and read aloud publicly via a Microsoft Teams Meeting. See Section 00100 Invitation to Bid or the Advertisement for the Teams Meeting telephone no. and meeting ID. The “Apparent Low Bidders” will be automatically generated and posted on the www.CivCastUSA.com website for furnishing all plant, labor, material and equipment and performing all work required for the Project.

ARTICLE 19 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.01 All Bids will remain subject to acceptance for the period stated in Section 00410 Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 20 – HOUSE BILL 1295.

20.01 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 Section2252.908(c)(4), the District may not award the contract to a bidder unless the bidder has provided to the District 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 District. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the District prior to the award of the contract. For purposes of completing the TEC Form 1295, the entity’s name is Montgomery County Municipal

Utility District No. 96 c/o Schwartz Page & Harding ; the 14042522-052; and the description of goods and services is Water Plant No. 1 Recoating. Neither the District nor its consultants have the ability to verify the 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.

ARTICLE 21 – CONFLICTS OF INTEREST

21.01 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.

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21.02 Bidders should review Chapter 176 with their attorney and, if required, Bidder shall provide the TEC 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 Montgomery County Municipal Utility District No. 96

President Robert C. Watson Vice President David Grassbaugh Secretary Nadine Bitner Assistant Secretary Anthony Salazar Assistant Secretary Jim Ivey

ARTICLE 22 – AWARD OF CONTRACT

22.01 Owner reserves the right to reject any or all Bids, including without limitation, non-conforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

22.02 The Owner reserves the right to award the project based on any combination of items in the Bid

Form.

22.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

22.04 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.

22.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

22.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

22.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 23 – CONTRACT SECURITY AND INSURANCE

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23.01 Article 6 of the General Conditions, and as modified by Section 00750 Supplementary Conditions

- Insurance, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds and a Certificate of Insurance.

ARTICLE 24 – SIGNING OF AGREEMENT

24.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 5 days following the Owner’s Board of Directors’ meeting, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Construction Plans.

ARTICLE 25 – SALES AND USE TAXES

25.01 Provisions concerning state sales and use taxes are set forth in the Supplementary Conditions.

ARTICLE 26 – RETAINAGE

26.01 Provisions concerning retainage are set forth in the Agreement.

ARTICLE 27 – WORKERS’ COMPENSATION INSURANCE COVERAGE

27.01 Provisions concerning workers’ compensation insurance coverage are set forth in Section 00750

Supplementary Conditions - Insurance.

- END OF SECTION –

FOR:

DATE:

SUBMITTED BY:

Bidding Firm's Full Name

Address

City, State Zip

Phone Number

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Montgomery County Municipal Utility District No. 96 c/o Pape-Dawson ATTN: Jason Johnson, P.E.

2107 CityWest Blvd, 3rd Flr Houston, Texas 77042

SECTION 00410

BID FORM

MONTGOMERY COUNTY M.U.D. NO. 96 WATER PLANT NO. 1 RECOATING

Having received and carefully examined the Bidding Documents, the other related data identified in the Bidding Documents, the Project Site, and the Addenda listed in the following table, I, the Undersigned submit this Bid Form.

40-0 00410 - 1

(1)

(2)

(3)

(4)

(5)

(6)

I acknowledge that:

(1)

(2) (3) (4)

(5)

(6)

(7)

Furthermore, I certify that:

(1)

(2)

(3) (4) (5) no other individuals or entities have been solicited or induced to refrain from bidding or to submit a false Bid;

that this Bid will be open to acceptance and is irrevocable for 60 calendar days from the Bid closing date.

that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted;

to enter into and execute the Agreement within 9 calendar days of receipt of Notice of Award or acceptance of this Bid and to furnish the required bonds and a certificate of insurance within 5 calendar days of receipt of Notice of Award or acceptance of this Bid;

to accomplish the Work in accordance with the Contract Documents by furnishing all materials, equipment, and labor for proper construction and completion of the Work; and to the Contract Times as specified in the Agreement.

the estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price bid items will be based on actual quantities, determined as provided in the Contract Documents;

that the Owner reserves the right to award any combination of the items in the Bid Form;

the Owner reserves the right to reject any and all Bids;

the Owner reserves the right to reject any or all proposals and to waive irregularities in the bidding. In case of ambiguity or lack of clearness in stating the prices in the proposal, the Owner reserves the right to consider the most advantageous construction thereof or to reject the proposal;

the total Contract Price may be increased or decreased or the total Contract Time reduced or extended to compensate for changes in the Work as ordered by the Owner; and this Bid is genuine, and the only person or parties associated with or having an interest in this Bid as principals are those named herein;

The Undersigned hereby declares that he has visited the site and has carefully examined the Site Conditions, Drawings, Specifications, Contract Documents, and Bidding Documents related to the work covered by his Bid.

In instance where there is a discrepancy between the computer generated online CivCast Bid Form and this 00410 Bid Form document, this 00410 Bid Form document will take precedence over the computer generated online CivCast Bid Form.

to accept all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security;

For the performance of the Work, the enclosed amounts are bid. The unit prices and extended totals on the following pages are written in figures with the unit prices prevailing in the event of any discrepancies. In submitting this Bid Form, I agree:

this Bid is made without collusion involving any other person, group, partnership, or the amounts given in this Bid have been carefully checked and are submitted as correct and final; andthe Contractor's Statement of Qualifications has been completed true and accurate and is included with this Bid.

40-0 00410 - 2

Bidder: Witness:

By:

Title:

Address:

Phone:

E-Mail:

Bonds on Behalf of Corporate Surety:

[Corporate Seal]

Performance, Payment and Maintenance Bonds will be issued by (Name of Corporate Surety):

Name and Address of Local Agency for Corporate Surety:

Phone Number:

Name of Person(s) Executing

E-Mail:

Name of Insurance Agency:

Phone Number:

40-0 00410 - 3

BASE BID ITEMS:

Base Bid Items Subtotal $

Supplementary Items Total $

CONTRACT TIME:

1.

MONTGOMERY COUNTY M.U.D. NO. 96 WATER PLANT NO. 1 RECOATING

PD PROJECT NO. 14042522-052

BID SUMMARY

Montgomery County M.U.D. No. 96 Water Plant No. 1 Recoating Grand Total

If this Bid is accepted, we will achieve substantial completion in _______ calendar days (120 days maximum) from the Notice to Proceed. We will achieve final completion in _______ calendar days (8 days maximum) from Substantial Completion.

Painting: __________________________________________________________

MONTGOMERY COUNTY M.U.D. NO. 96 WATER PLANT NO. 1 RECOATING

PD PROJECT NO. 14042522-052

SUBCONTRACTORS

This Bid is based on the following named Subcontractors being used for the construction of the Project, and no substitution to this list shall be allowed after the Bid opening. FAILURE TO COMPLETE THE LIST OR

NAMING MORE THAN ONE SUBCONTRACTOR FOR EACH ITEM SHALL BE SUFFICIENT CAUSE TO DISQUALIFY

BIDDER.

40-0 00410 - 4

Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

Mobilization - Including but not limited to all mobilization, clean up and de-mobilization onto and from the site. (This price bid for Mobilization shall not exceed 1% of the total amount bid.) Payment for this item is subject to retainage as specified elsewhere in the project manual.

Lump Sum

Performance and Payment Bonds for 100 Percent (100%) of the Contract Amount.

This item includes all coordination and efforts of securing all required documents.

Lump Sum

Shrouding for Surface Preparation and Recoating, In Accordance with Plans and Specifications, Complete in Place

Lump Sum $ $

Surface Preparation and Recoating of Exterior Roof of Ground Storage Tank No. 1 (34'-2" DIA), and All Related Appurtenances, In Accordance with Plans and Specifications, Complete in Place

Lump Sum

Surface Preparation and Recoating of Interior of Hydropneumatic Tank No. 1 (10' DIA x 24' Long), and All Related Appurtenances, In Accordance with Plans and Specifications, Complete in Place

Lump Sum

Surface Preparation and Recoating of Exterior of Hydropneumatic Tank No. 1 (10' DIA x 24' Long), and All Related Appurtenances, In Accordance with Plans and Specifications, Complete in Place

Lump Sum

Disinfection of HPT No. 1 Prior to Bringing It Online After Painting. Contractor to Coordinate with Operator

Lump Sum $ $

Base Bid Items

MONTGOMERY COUNTY M.U.D. NO. 96 WATER PLANT NO. 1 RECOATING

40-0 00410 - 5

Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

Surface Preparation and Recoating of All Exposed Piping, and All Related Appurtenances, In Accordance with Plans and Specifications, Complete in Place

Lump Sum

Surface Preparation and Recoating of

Generator Enclosure and Fuel Tank

Lump Sum $ $

Surface Preparation and Recoating of Exterior of Control Building and Pump Room Lump Sum $ $

S-1

Point Repairs in Existing Metal Surfaces of Ground Storage Tank No. 1 Interior and Exterior, As Approved by the Engineer

Days 1

S-2 Repair Deep Pits in Existing Metal Surfaces of Hydropneumatic Tank No. 1 Interior, As Approved by the Engineer

Days 1

S-3

Structural Steel Repair Allowance, Including Welding, Plate Replacement, and Section Reinforcement, As Approved by The Engineer

LB 1000

S-4 Remove and Dispose of Sand/Grit from Ground Storage Tanks and Well, As Approved by The Engineer

CY 40

S-5 Replace Roof Vent on GST No. 1. LS 1 $ $

S-6 Replace Overflow Box and Ladder Brackets on Interior of GST No. 1.

LS 1 $ $

Supplementary Items

Base Bid Items Subtotal $

END OF BID FORM

Supplementary Items Total $ Montgomery County M.U.D. No. 96 Water Plant No. 1 Recoating Grand Total $

40-0 00410 - 6

14042522-052 00520 - 1

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT, dated the _______ day of _____________________, ______, is by and between

Montgomery County Municipal Utility District No. 96 c/o Schwartz Page & Harding LLP. (hereinafter called Owner) and _____________________________________ (hereinafter called Contractor).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - WORK

1.01 Contractor shall commence and complete the Work according to the Construction Plans and

Technical Specifications prepared by Pape-Dawson Engineers for the Initial Contract Price of ($ ). The Work is generally described as follows:

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

B. Work, in general, under this Contract consists of furnishing, installing, and constructing all structures, equipment, and materials, including appurtenances, as indicated on the Plans.

C. Contractor is employed by Owner as an independent contractor to perform the Work.

Contractor represents and warrants that, to the extent required by “Law” (as defined in Paragraph 7.11 of the General Conditions) in connection with the performance of the Work, Contractor is duly licensed to perform the Work under the Laws of the State in which the Project is located (“Texas”) and that Contractor’s license number, if applicable, is set forth on the signature page of this Subcontract.

ARTICLE 2 - PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Montgomery County Municipal Utility District No. 96 Water Plant No. 1 Recoating , Montgomery County Municipal Utility District No. 96 In Montgomery County, Texas

Pape-Dawson Job No. 14042522-052

14042522-052 00520 - 2

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by PAPE-DAWSON (hereinafter called Engineer) who is to act as

Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in connection with the completion of the Work in accordance with the

ARTICLE 4 - CONTRACT TIMES

4.01 Time is of Material Importance

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of material importance to the Owner.

4.02 Days to Achieve Project Completion

A. The Work shall be substantially completed within 67 calendar after the date when the Contract Times commence to run as provided in Article 4.01 of the General Conditions.

4.03 Economic Disincentives

A. The Contractor and the Owner agree that time is of the essence of this Contract. The

Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $1,000.00 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.

ARTICLE 5 - CONTRACT PRICE

5.01 Owner will pay Contractor for completion of the Work in accordance with the Contract

Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A below:

A. For all Work, at the prices stated in Contractor’s Bid, Section 00410 Bid Form.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

14042522-052 00520 - 3

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner will make progress payments on account of the Contract Price based on Contractor’s

Applications for Payment during performance of the Work and prior to Substantial Completion. Payments will be made by the Owner as specified in Article 15.01.D.1. of the General Conditions. All such payments will be measured by the schedule of values established as provided in Article 2.03.A. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values as provided in the General Requirements. Owner will pay Contractor the total amount of the application, less amounts retained, less all previous payments, less any other sums that may be retained and less any liquidated damages that may apply under the terms of the Contract Documents.

1. Owner will retain 10% of the total amount of completed work until 50% of the Work has been completed. Thereafter, Owner may authorize any of the remaining progress payments to be made in full.

2. The Owner will not be obligated to pay any interest on the 10% retainage held on the first 50% of Work completed. If the Owner holds any retainage on the remaining 50% of the Work completed, the Owner must pay interest on such retainage from the date the retainage is withheld to the date of payment to the Contractor. The interest rate to be paid on such retainage will be the rate of interest paid by the Owner's depository bank on interest bearing accounts of similar amounts during the period interest accrues.

B. Engineer must receive Applications for Payment on or before the 25th day of each month to allow time for review and recommendation. The applications must include the approval of Engineer’s Construction Representative and the documentation identified in Article 15 of the General Conditions. If the aforementioned information is not included with the application, Engineer will return the application to Contractor for completion and re-submittal.

C. Upon Substantial Completion Owner will pay an amount equal to 100% of the Contract Price less such amounts as Engineer will determine in accordance with paragraph 15.01.C.6. of the General Conditions, less 200% of Engineer’s estimate of value of Work to be completed or corrected by Contractor as shown on the list of items accompanying the Engineer’s certificate of Substantial Completion less any amounts Owner may withhold.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Article 15.06 of the

General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in said Article 15.06.

ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS

14042522-052 00520 - 4

7.01 To induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor has familiarized himself and agrees to comply with the nature and extent of the

Contract Documents and with all federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Article 5.03. A. of the General Conditions and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Article 5.06.A. of the General Conditions.

E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Article 7.01.E. above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor acknowledges that Owner’s architectural, structural, civil and landscape drawings, plans and specifications, and all other design materials with respect to the Work (the “Design Documents”) are and shall remain the property of Owner whether or not any Work is

14042522-052 00520 - 5 completed. Contractor acknowledges and agrees that the Design Documents are privileged and proprietary in nature and that Owner has and maintains copyrights to the Design Documents under applicable state and federal Law. Contractor shall return all Design Documents and all copies thereof to Owner at the request of Owner at the completion of the Work or earlier termination of this Agreement.