Project Manual (55).pdf

Northwest Harris County Municipal Utility District No. 5

Contract Documents and Specifications for Construction of

Phase 3 Trails

Cypress, TX 77429

Harris County, Texas

September 2026

Technical Specifications Prepared by:

Clark Condon Associates, Inc.

10401 Stella Link Rd.

Houston, TX 77025

(713) 871-1414 akonyha Snapshot akonyha Typewritten Text 09.02.2026 akonyha Image

Contract Documents and Specifications for Construction of

Phase 3 Trails

Harris County, Texas

CONTENTS

I. INVITATION TO BIDDERS

II. INSTRUCTIONS TO BIDDERS

III. BID

IV. STANDARD FORM OF AGREEMENT

V. PERFORMANCE BOND

VI. PAYMENT BOND

VII. MAINTENANCE BOND

VIII. GENERAL CONDITIONS OF THE AGREEMENT

IX. SUPPLEMENTARY CONDITIONS

X. CONTRACTOR CONSTRUCTION FORMS

• X(A) - AFFIDAVIT FOR PARTIAL PAYMENT

• X(B) - AFFIDAVIT FOR FINAL PAYMENT AND BILLS PAID

XI. TECHNICAL SPECIFICATIONS

Attention: Pursuant to Texas Government Code § 2252.908, unless you are a publicly traded entity or a wholly owned subsidiary of same, you must be able to provide Northwest Harris County Municipal Utility District No. 5 (the "District") with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filling at the time of the District's execution of the contract. Failure to do so will result in the District's inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission's website at https://www.ethics.state.tx.us

Date: August 28, 2026

INVITATION TO BIDDERS

Sealed bids, in duplicate, addressed to Board of Directors, Northwest Harris County Municipal Utility District No. 5, will be received in the office of Clark Condon Associates, Inc., 10401 Stella Link Rd., Houston, Texas, 77025 (Phone: 713-871-1414) OR electronically through www.CivcastUSA.com until 10:00 am, Wednesday, September 16, 2026, at which time all bids will be opened and publicly read at the office of Clark Condon (and through Microsoft Teams.

To join via Microsoft Teams, use Meeting ID: 225 429 529 842 684 and Passcode: Sy6Ka3kE) for the furnishing of all material, equipment, labor, and supervision necessary or incidental to “Construction of Phase 3 Trails for Northwest Harris County Municipal Utility District No.

5, Harris County, Texas,”

Work to include but not limited to: SWPPP, traffic control, tree protection fencing, tree removal, root pruning, demolition and legal disposal of existing concrete and decomposed granite trails, grading, and the salvage and reinstallation of site furnishings. New construction includes, but is not limited to, concrete trails, site furnishings, shade structures, trail markers, curb ramps, concrete pavers, adjustments to existing irrigation systems and site restoration.

A mandatory pre-bid conference will be held via Microsoft Teams at 10:00 am on Wednesday, September 9, 2026. To join via Microsoft Teams, use Meeting ID: 269 454 758 485 62 and Passcode: tK9yB3F5.

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 five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided, and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within twenty-four (24) hours of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com, search: Northwest Harris County Municipal Utility District No. 5 – Phase 3 Trails. 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.

A Bidder submitting Electronic Bids must submit its Bid and bid securities in compliance with Owner’s Order Adopting Section 49.2731 Electronic Bidding Rules, the Texas Water Code, Title 4, Chapter 49, Section 49.2731 Procedures for Electronic Bids and all electronic Bids and bid securities must be submitted through www.CivcastUSA.com. Bidder must register on this website https://www.ethics.state.tx.us/ http://www.civcastusa.com/ https://teams.microsoft.com/meet/225429529842684?p=LmAuSSDQ8Ex0on3M4X https://teams.microsoft.com/meet/26945475848562?p=hXW8wBnRZ8SOQehSY6 https://teams.microsoft.com/meet/26945475848562?p=hXW8wBnRZ8SOQehSY6 http://www.civcastusa.com/ in order 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 through the use of an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

Northwest Harris County Municipal District No. 5

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

B. Owner - the Owner is understood to be Northwest Harris County Municipal Utility

District No. 5. Funding for the project will be provided in accordance with the terms and conditions described in the Agreement or the Special Conditions of Agreement.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be viewed at the Issuing Office or obtained at www.civcastusa.com.

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

2.03 Owner and Landscape Architect, 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 authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit at time of bid, (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state of Texas.

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of

Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

D. Evidence that Bidder has successfully completed 4 similar projects under the direction of the same firm. Successfully completed projects shall be located in the Houston area, completed within the last 3 years and shall be similar to this Work in scope and in magnitude of cost.

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

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

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3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor.

Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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

B. Underground Facilities: Information and data shown or indicated in the Bidding

Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Landscape Architect by owners of such Underground Facilities, including Owner, or others.

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C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. Bidder shall contact Landscape Architect for information regarding access to the Site.

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

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

F. 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.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

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

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

C. consider the information known to Bidder itself; 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; and (3) Bidder’s safety precautions and programs;

D. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

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

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

H. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without

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exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A Mandatory Pre-Bid conference will be held at the time and location stated in the

Invitation or advertisement to bid. Representatives of Owner and Landscape Architect will be present to discuss the Project. Landscape Architect will transmit to all prospective Bidders of record such Addenda as Landscape Architect considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Landscape Architect through www.civcast.com. Interpretations or clarifications considered necessary by Landscape Architect in response to such questions will be issued by Addenda to all parties recorded as being a plan holder. Questions received less than 72 hours prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s total amount bid and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraph

6.01 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 7 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

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

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

http://www.civcast.com/

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ARTICLE 9 – CONTRACT TIMES

9.01 The number of days calendar days within which, or the dates by which, the Work is to be completed and ready for final payment, are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute of materials and equipment subsequently approved by Landscape Architect prior to submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Landscape Architect as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received 72 hours prior to date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of merit of the proposed item is upon Bidder. Landscape Architect’s decision of approval or disapproval of a proposed item will be final. If Landscape Architect approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

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

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 Bidders are required to disclose their list of the Subcontractors or Suppliers proposed for any part of the work.

12.04 If requested by Owner, Successful Bidder shall provide experience with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Landscape Architect, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, II - 7 individual, or entity, Owner may request apparent Successful Bidder to submit an acceptable substitute without an increase in price.

12.05 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next most qualified, responsible, and responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Landscape Architect makes no written objection prior to the Notice of Award will be deemed acceptable to Owner and Landscape Architect subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, bid item, alternate, adjustment unit price item, and unit price item listed therein.

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

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

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

(whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

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

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

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13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the State of Texas, 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 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

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

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

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.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.”

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

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

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

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16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

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

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive.

Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

19.03 In evaluating Bids, Owner will consider whether or not 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.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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

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ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, payment, and maintenance bonds as well as insurance requirements. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by the required original bonds, as well as original insurance documents.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within seven (7) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner.

ARTICLE 22 – SALES AND USE TAXES

22.01 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 with a completed Texas Sales and Use Tax Exemptions Certification as evidence of the applicability of such exemption and, accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311:

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

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

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ARTICLE 23 – ADDITIONAL REQUIREMENTS

23.01 House Bill 1295 Implementation

Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) by Bidders: Effective January 1, 2016, pursuant to Texas Government Code 2252.908 (the “Interested Party Disclosure Act” or the “Act”), the District may not award the contract to a bidder unless the bidder has provided to the District a completed, signed and notarized 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 at https://www.ethics.state.tx.us, assigned a certificate number, printed, signed and provided to the district. The TEC Form 1295 must be submitted with the contractor’s bid. 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 24 - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

24.01 Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this project and shall specify in the call for bids and in the Contract the applicable minimum wage rates. The statute further provides that the Contractor of Subcontractors shall pay, as a penalty, to the Owner Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less that the wage rates stipulated in the Contract. The Owner is authorized to withhold from the Contractor the amount due under Contract.

The Statute likewise requires that the Contractor and Subcontractors keep an accurate record of the name and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of the Owner.

24.02 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.

Labor Classification and Minimum Wage Scale: Use the latest edition of the City of Houston Prevailing Wage Rates in effect at the time bids are received.

ARTICLE 25 – ADDITIONAL REQUIREMENTS

25.01 House Bill 89 Verification

As required by Chapter 2271, Government Code, CONTRACTOR hereby verifies that CONTRACTOR does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an https://www.ethics.state.tx.us/

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Israeli-controlled territory, but does not include an action made for ordinary business purposes

25.02 Senate Bill 252 Verification

As required by law, CONTRACTOR hereby represents and warrants that at the time of this Contract neither the CONTRACTOR, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the CONTRACTOR (i) engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller under Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.

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BID

Bid for “Phase 3 Trails for Northwest Harris County MUD No. 5, Harris County, Texas,”

Northwest Harris County MUD No. 5 c/o Clark Condon, Inc.

10401 Stella Link Rd Houston, Texas 77025

CONTRACTOR:

(Legal Name of Company)

ADDRESS:

County:

TELEPHONE:

FAX:

EMAIL:

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, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within seven (7) 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, carefully studied, and understands all the terms and conditions set forth in the Bidding Documents and the following Addenda receipt of all which are hereby acknowledged:

Addendum No. Date Received 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 will complete the Work in accordance with the Contract Documents for the following prices:

(see attached bid form)

Clark Condon

NWHCMUD 5 Phase 3 Trails

Issue for Bid

ITEM NO. ITEM UNIT QTY. UNIT COST EXTENSION

PHASE 3 TRAILS

General

1. Mobilization: Trucks and equipment. This amount shall not exceed 3% of the total contract amount. 25% of it is to be paid upon the Owner's discretion that sufficient personnel and equipment have been mobilized onsite, and the remainder is to be paid upon completion of 10% of the contract amount.

LS 1 $0.00

2. Permits LS 1 $0.00

3. Payment, Performance, and Maintenance Bonds LS 1 $0.00

Total General $0.00

SWPPP

4. Stabilized Construction Access EA 7 $0.00

5. Concrete Truck Washout Area EA 7 $0.00

6. Inlet Protection Barrier (Stage II) EA 19 $0.00

7. Reinforced Filter Fabric Fence LF 30,870 $0.00

Total SWPPP $0.00

Traffic Control

8. Traffic Control Plan LS 1 $0.00

9. "Trail Closed" Signage and Barricades LS 1 $0.00

Total Traffic Control $0.00

Tree Protection

10. Tree Planking EA 79 $0.00

11. Tree Protection Fencing LF 6,000 $0.00

Total Tree Protection $0.00

Demolition

12. Removal of Existing Concrete Trail SF 5,700 $0.00

13. Removal of Existing Decomposed Granite Trail SF 79,450 $0.00

14. Sawcut and Removal of 6" Curb LF 25 $0.00

15. Remove and Reinstall existing Fence at DP 12 for Construction Access LS 1 $0.00

Total Demolition $0.00

Hardscape

16. 6" Depth Concrete Trail (8' Wide) SF 105,000 $0.00

17. 4 1/2" Depth Concrete Trail (match existing widths) SF 2,500 $0.00

18. Curb Ramp with Truncated Dome Pavers EA 3 $0.00

19. Diamond Plate Swale Crossing EA 4 $0.00

All Bidders shall provide unit prices for all items included in the work. In the event a greater or lesser amount of work is done, the following unit prices will apply. Unit prices cover the cost of work and materials complete in place, including materials, equipment, labor, installation, delivery, taxes, overhead, profit, maintenance, and guarantee required to render complete.

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NWHCMUD 5 Phase 3 Trails

Issue for Bid

ITEM NO. ITEM UNIT QTY. UNIT COST EXTENSION

20. Concrete Turndown at Bridge Abutment EA 2 $0.00

21. Pavers on Concrete Base @ Seating Node SF 190 $0.00

22. Shade Structure @ Seating Node (including engineered foundation drawings)

EA 1 $0.00

23. Integral Colored Concrete @ Seating Node SF 150 $0.00

24. Trail Mile Marker and Striping EA 40 $0.00

25. Concrete Haunched Edge LF 375 $0.00

Total Hardscape $0.00

Grading and Drainage

26. Excavation and removal of excess soil for trail construction CY 800 $0.00

27. Adjust existing Inlet EA 8 $0.00

Total Grading & Drainage $0.00

Softscape

28. Restore and Regrade, and hydromulch disturbed areas SF 50,000 $0.00

29. Existing Irrigation Modifications AL 1 $0.00

30. Gulf Muhly - 5 Gallon @ seating nodes including excavation, bed prep, fertilizer, and mulch

EA 30 $0.00

31. Bermuda Sod SF 50,000 $0.00

Total Softscape $0.00

Site Furnishings

32. Trash Receptacle on Concrete Pad (3'x3') EA 13 $0.00

33. Storm Water Informational Signage AL 13 $0.00

34. Bench @ Seating Node EA 1 $0.00

35. Trash Receptacle @ Seating Node EA 1 $0.00

36. Relocate and Reinstall Existing Bench and Trash Can EA 4 $0.00

Total Site Furnishings $0.00

Supplemental

37. Construction Contingency (to only be utilized with written approval) AL 1 $0.00

Total Supplemental $0.00

TOTAL PHASE 3 TRAILS $0.00

TELGE ROAD TRAIL

General

38. Site Preparation and Mobilization LS 1 $0.00

Total General $0.00

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NWHCMUD 5 Phase 3 Trails

Issue for Bid

ITEM NO. ITEM UNIT QTY. UNIT COST EXTENSION

SWPPP

39. Stabilized Construction Access EA 1 $0.00

40. Concrete Truck Washout Area EA 1 $0.00

41. Inlet Protection Barrier (Stage II) EA 5 $0.00

42. Reinforced Filter Fabric Fence LF 2,965 $0.00

Total SWPPP $0.00

Traffic Control

43. Traffic Control Plan LS 1 $0.00

Total Traffic Control $0.00

Tree Protection

44. Tree Planking EA 14 $0.00

45. Tree Protection Fencing LF 1,050 $0.00

Total Tree Protection $0.00

Demolition

46. Tree Removal EA 1 $0.00

Total Demolition $0.00

Hardscape

47. 4 1/2" Depth Concrete Trail (5' Wide) SF 7,400 $0.00

Total Hardscape $0.00

Site Work

48. Excavation and removal of soil for trail construction CY 105 $0.00

49. Water Valve Cover Adjustment EA 2 $0.00

50. Telecom Manhole Adjustment EA 2 $0.00

Total Site Work $0.00

Softscape

51. Restore, Regrade, and Sod disturbed areas SF 10,000 $0.00

Total Softscape $0.00

TOTAL TELGE ROAD TRAIL $0.00

TOTAL PHASE 3 TRAILS + TELGE ROAD TRAIL $0.00

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III -9

If this bid is accepted by Owner, Bidder will commence work within fourteen (14) days after written Notice to Proceed or acceptance of this bid.

If this Bid is accepted, Bidder agrees that the Work will be completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions within 180 calendar days from the date of the Notice to Proceed.

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.

The prescribed Bid Security in the form of a Cashier's Check or Bid Bond is attached to and made a condition of this Bid.

List name and addresses of subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of any of the work or by itself.

Percentage of Work:

Percentage of Work:

Percentage of Work:

Percentage of Work:

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.

SUBMITTED on , 20 .

State Contractor License No.

INDIVIDUAL:

(individual) (Seal) doing business as Business Address Business Phone

PARTNERSHIP:

By (firm) (Seal) (General Partner) Business Address Business Phone

CORPORATION:

By (corp.) (Seal) State of Incorporation By (person authorized) Title

Attest (Secretary) Business Address Business Phone Date of Qualification to do business is

III -9

JOINT VENTURE:

By (name) (Seal) Address:

By (name) (Seal) Address:

Address & Phone No. for official communications:

Surety Company:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

Insurance Carrier:

State of incorporation:

Local agent:

Agent’s address:

Agent’s telephone:

IV - 1

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of , 20 by and between Northwest Harris County Municipal Utility District No. 5 (hereinafter called OWNER) and Contractor (hereinafter called CONTRACTOR).

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

Article 1. WORK.

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows for:

Construction of Phase 3 Trails

Contract Amount: $

Article 2. LANDSCAPE ARCHITECT.

2.01 The project has been designed by Clark Condon Associates, Inc., 10401 Stella Link

Rd., Houston, Texas 77025 (phone 713-871-1414) who is hereinafter called Landscape Architect and who is to act as Owner’s representative, assume all duties and responsibilities and have the rights and authority assigned to Landscape Architect in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIMES

3.01 Time of the Essence

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 the essence of the Contract.

3.02 Contract Times: Days

A. The Work will be completed and ready for final payment in accordance with paragraph

15.06 of the General Conditions within 180 calendar days after the date when the Contract Times commence to run.

3.03 Liquidated Damages

The Contractor and the Owner agree that time is of the essence as stated above. 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, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from

IV - 2

the breach are incapable or very difficult to ascertain. 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 set in the Contract, or as extended under the provisions for delays in this Contract, if any, Contractor shall be liable to Owner for liquidated damages in the amount of $500.00 for such calendar day, which sum the parties agree is a reasonable forecast of the damages the Owner will sustain per day that the Work remains uncompleted and in no way constitutes a penalty. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or to recover such amount from the Contractor or the Sureties on the Contractor’s bond.

Article 4. CONTRACT PRICE.

4.01 Owner shall 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 the Bid Form and any subsequent change orders thereto.

A. The extended prices for Unit Price Work set forth as of the Effective Date of the

Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities ad classifications are to be made by Landscape Architect.

Article 5. PAYMENT PROCEDURES.

5.01 Submittal and Processing of Payments

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

5.02 Progress Payments: Retainage

A. Owner shall make progress payments on account of the Contract Price, less 10% retainage, on the basis of Contractor’s Applications for Payment as recommended by Landscape Architect and in conformance with the procedures described in the General Conditions. All such payments will be measured by the schedule of values established in paragraph 2.05 of the General Conditions (and on the number of units of each bid item completed).

B. Upon final completion and acceptance of the Work in accordance with paragraph

15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Landscape Architect as provided in said paragraph 15.06.

Article 6. CONTRACT DOCUMENTS.

1. This Agreement and Special Conditions of Agreement

2. Exhibits to this Agreement

3. Performance, Payment, and other Bonds identified

4. Invitation to Bidders

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5. Instructions to Bidders

6. Notice to Proceed

7. General Conditions

8. Supplementary Conditions

9. Technical Specifications

10. Construction Drawings

11. Addenda

12. Contractor’s Bid

13. Documentation submitted by Contractor prior to Notice of Award.

14. The following which may be delivered or issued after the Effective Date of the

Agreement and are not attached thereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Article 11 of the General Conditions.

There are no Contract Documents other than those listed in this Article. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions.

Article 7. INDEMNITY PROVISIONS.

THE GENERAL, SPECIAL, AND SUPPLEMENTARY CONDITIONS ATTACHED TO THIS

AGREEMENT CONTAIN PROVISIONS THAT MAY RELIEVE ONE PARTY FOR

RESPONSIBILITY IT WOULD OTHERWISE HAVE UNDER THE LAW FOR DAMAGES OR

OTHER LIABILITY ARISING OUT OF THE WORK.

EACH OF THE PARTIES HERETO SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ

THIS AGREEMENT, THE GENERAL, SPECIAL, AND SUPPLEMENTARY CONDITIONS, AND

ALL OTHER ATTACHMENTS TO THIS AGREEMENT AND AGREES THAT IT IS CHARGED

WITH NOTICE AND KNOWLEDGE…