PROJECT MANUAL

FOR

BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5

ADMINISTRATION BUILDING

RFP# FY2026-01

BRAZORIA COUNTY, TX 77583

ADICO PROJECT NO. 702-25-009

AUGUST 2026

TBPE FIRM NO. 16423

205 E. Edgewood Dr.

Friendswood, TX 77546

(832) 895-1093

8/25/2025

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

TABLE OF 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. CERTIFICATE OF INSURANCE

IX. CONTRACTOR AFFIDAVIT FOR PARTIAL PAYMENT

X. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT AND BILLS PAID

XI. CONTRACTOR CERTIFICATION OF COMPLETION

XII. STANDARD GENERAL CONDITIONS

XIII. SUPPLEMENTARY CONDITIONS

XIV. TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

ADICO JOB NO. 702-25-009

TECHNICAL SPECIFICATIONS No. of Pages

DIVISION 1 – GENERAL REQUIREMENTS

01 010 Summary of Work 1

01 045 Cutting & Patching 3

01 090 Reference Specifications 1

01 100 Storm Water Management 1

01 300 Submittals 2

01 310 Construction Schedule 2

01 370 Schedule of Values 2

01 410 Testing Laboratory Services 3

01 420 Inspection Services 1

01 500 Temporary Facilities and Controls 2

01 570 Traffic Control 2

01 576 Waste Material Disposal 1

01 600 Materials and Equipment 3

01 700 Contract Closeout 2

01 710 Cleaning and Adjusting 2

01 720 Project Record Documents 2

01 740 Site Restoration 3

DIVISION 2 - SITEWORK

02 110 Demolition 2

02 160 Trench Safety Systems 4

DIVISION 31 – EARTHWORK

31 00 00 Site Earthwork 5

31 06 20.15 Cement Stabilized Sand 5

31 06.20.17 Utility Backfill Materials 7

31 11 00 Site Clearing and Grubbing 2

31 22 00 Site Grading 3

31 23 33 Trenching and Backfilling 13

31 31 16 Termite Control 4

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 13.13 Lime Treated Subgrade 5

32 13 13 Concrete Paving 10

32 13 13.10 Concrete Pavement Curing 3

32 13 13.25 Concrete Sidewalks 4

32 13 73 Concrete Paving Joint Sealants 4

32 17 23 Pavement Markings 2

32 91 13.13 Topsoil Placement and Grading 2

32 92 00 Turf and Grasses 4

DIVISION 33 – UTILITIES

33 05 16.13 Precast Concrete Utility Structure 3

33 06 10.14 Polyvinyl Chloride (PVC) Pipe 6

33 06 40.10 HDPE Solid and Profile Wall Pipe 5

I. INVITATION TO BIDDERS

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INVITATION TO BIDDERS

The Brazoria County Drainage District No. 5 will receive sealed bids, in duplicate, addressed to Dinh V. Ho, District Engineer, Brazoria County Drainage District No. 5, 1022 FM 1462, Rosharon, TX 77583, Brazoria County, for the construction of “BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5 ADMINISTRATION BUILDING” until Wednesday, September 16, 2026 at 2:00 P.M.

BIDS shall be submitted in sealed envelopes and marked in the upper left-hand corner “BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5 ADMINISTRATION BUILDING”. BIDS received after 2:00 P.M.. will be returned unopened.

Bids will be publicly opened and read in person at Brazoria County Drainage District No. 5, 1022 FM 1462, Rosharon, TX 77583 on Wednesday, September 16, 2026 at 2:00 P.M.

All BIDS shall be accompanied by a cashier’s or certified check upon a national or state bank in the amount of five percent (5%) of the total maximum bid price payable without recourse to the Brazoria County Drainage District No. 5, Texas, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a Contract. The notice of award of Contract shall be given by the Owner within sixty (60) days following the opening of bids. Bid security will be returned to the respective bidders within ten (10) days after bids are opened, except those checks or bonds which the Owner elects to hold until the successful bidder has executed the Contract. Thereafter, the remaining checks, including security of successful bidder, will be returned within five (5) days. Remaining bid bonds will not be returned unless requested by Bidder.

The successful bidder must furnish Performance Bond and Payment Bond upon the forms which are attached hereto in the amount of one hundred percent (100%) of the contract price within 15 days after receipt of the contract documents. Payment and performance bonds shall be issued form sureties with a minimum “A” or “A-“rating from Best’s Key Rating Guide and who are licensed by the Texas Department of Insurance to do business in Texas and to issue said bonds. The bonds must be signed by an authorized representative of the surety and licensed by the State Board of Insurance.

Specifications and bidding documents may be secured from Civcast, www.civcastusa.com. Search Brazoria County Drainage District No. 5.

Plans and/or Exhibits and Specifications may be examined at the following locations:

Brazoria County Drainage District No. 5

1022 FM 1462

Rosharon, TX 77486

In conformance with all applicable statues, the general prevailing wage rates in the locality in which the work is to be performed have been ascertained, and such rates shall be the minimum paid for labor employed upon this project.

The Owner reserves the right to reject any or all bids and to wave informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in any bid, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. The award will be made to the responsible bidder submitting the lowest acceptable bid.

A Non-Mandatory Pre-Bid Conference for prospective bidders, suppliers, etc., will be held Tuesday, September 1st, 2026 at 2:00 P.M. in person at Brazoria County Drainage District No. 5, 1022 FM 1462, Rosharon, TX 77583 in accordance with the Instructions to Bidders.

http://www.civcastusa.com/

II. INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the EJCDC Standard General Conditions (2007 Edition) of these Contract Documents have the meanings assigned to them in the General Conditions.

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

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

1.2. Issuing Office - the office from which the Bidding Documents are prepared and where the bidding procedures are to be administered. For this project the issuing office is ADICO Consulting Engineers.

1.3. Successful Bidder - the most qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

1.4. Owner - the Owner is understood to be Brazoria County Drainage District No. 5. Funding for the project will be provided in accordance with the terms and conditions described in the Special Conditions of Agreement.

2. Copies of Bidding Documents.

2.1. Complete sets of the Bidding Documents, as stated in the Invitation to Bidders, may be obtained from www.civcastusa.com, search: Brazoria County Drainage District No. 5.

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

2.3. 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.

3. Qualifications of Bidders.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening, upon Owner's request, detailed written evidence such as financial data, proposed sub-contractors, present commitments, previous experience, equipment lists, evidence of authority to conduct business in the State of Texas and other such data as required to evaluate the Bidder's capability to perform the Work described in the Bidding Documents.

4. Examination of Contract Documents and Site.

4.1. It is the responsibility of each Bidder before submitting a Bid:

4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);

4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

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4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and

4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2. Reference is made to the Supplementary Conditions for identification of:

4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may not rely upon the data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.

4.2.2. Copies of such subsurface reports will be made available by Owner to any Bidder on request. Those reports are not part of the Contract Documents and are not a warranty of surface or subsurface conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" contained therein. Bidder acknowledges that Owner and Engineer disclaim any responsibility for the accuracy, true location, and extent of the soils, surface, and subsurface investigations that have been prepared by others and disclaim responsibility for Bidder's interpretation of or conclusions or opinions drawn from such reports, e.g., without limitations, projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water. Bidder is expected to examine the site and such reports and then decide for itself the character of the materials to be encountered.

4.3. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof or for Bidder's interpretation of or conclusions or opinions drawn from such information and data.

The Contractor is advised to coordinate closely with Engineer and Operator prior to the commencement of any underground construction activities. Such information and data is not a part of the Contract Documents and is not a warranty of subsurface conditions.

4.4 Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.6 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by the Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide, to each Bidder for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.7 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 Contract Documents and applying the specific means, method, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract

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Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract 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. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

6. Interpretations and Addenda.

6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda. All parties recorded by the Engineer as having received the Bidding Documents will be called and the addendum will be mailed or transmitted by electronic facsimile. The eligible party has the option to pick up the addendum at the Engineer's Office and sign required documentation list. Questions received less than 72 hours prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

7. Bid Security.

7.1. Each Bid must be accompanied by Bid security made payable to the Owner in the amount of five percent (5%) of the total bid amount and shall be in the form of a cashier’s check or bid bond.

7.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security (as approved by Owner's attorney) and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within ten days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

8. Contract Times.

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).

9. Liquidated Damages.

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

10. Substitutes and "Or-Equal" Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a Substitutes or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until

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after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Special Specifications.

11. Subcontractors, Suppliers and Others.

11.1. If the Supplementary Conditions require or if the Owner requests the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations 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, person or organization if requested by Owner. An Owner or Engineer who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute without an increase in price.

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 and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make 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 Paragraph 6.8.2 of the General Conditions.

11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

12. Bid Form.

12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the office of ADICO Consulting Engineers.

12.2. All blanks on the Bid Form must be completed in ink or by typewriter.

12.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. All names must be typed or printed in ink below the signature.

12.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7. The address and telephone number for communications regarding the Bid must be shown.

12.8. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown.

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12.9. The bid price shall include such amount as the Bidder deems proper for overhead and profit.

12.10 By submitting a bid, Bidder agrees to promote and actively pursue diversity and inclusion. This may be accomplished by any and all of the following or similar actions: actively contacting historically underutilized businesses beyond what is required by law in order to encourage participation as a subcontractor, requiring subcontractors to agree to this provision or a similar requirement, and promoting diversity and inclusion through organizational values, inclusive hiring practices and employee training. A copy of the Bidder’s diversity and including plan should be included in Bidder’s proposal as an appendix.

13. Submission of Bids.

Bids shall be submitted at the time and place indicated in the Invitation to Bidders and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents.

If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Bids not received by the time or at the location specified will be returned unopened to the Bidder.

14. Modification and Withdrawal of Bids.

14.1. Bids 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 at any time prior to the opening of Bids.

14.2. If, within twenty-four 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 retained by the Owner.

Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids.

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. 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.

16. Bids to Remain Subject to Acceptance.

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. Award of Contract.

17.1. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. 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. 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.

Discrepancies between words and figures will be resolved in favor of the words.

17.2. In evaluating Bids, Owner will consider the proposal of Bidders, compliance 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.

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17.3. Owner may consider the proposal and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.5. If the contract is to be awarded, it will be awarded to the most qualified, responsible, and responsive Bidder whose evaluation by Owner indicates to Owner that the award will be most advantageous to Owner and result in the best and most economical completion of the Project.

17.6. If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within sixty days after the day of the Bid opening.

18. Contract Security.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

19. Signing of Agreement.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor.

20. Mandatory Pre-bid Conference.

A mandatory pre-bid conference will be held at the time and place indicated in the Invitation to Bidders. Representatives of Owner and Engineer will be present to discuss the project. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer 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.

21. Retainage.

An amount equal to ten percent of the amount of each monthly estimate (in accordance with current state laws) will be retained by the Owner until final payment under the Contract is approved and a certificate of final completion has been issued for the Work.

22. Permits.

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

Permit for construction within existing Brazoria County Drainage District No. 5 street right-of-way, as applicable.

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23. Locations for Examining Contract Documents.

Bidders may examine the contract documents for these contracts at the office Brazoria County Drainage District No.

5, 1022 FM 1462, Rosharon, TX 77583 Ph: 281-369-0071 and at www.civcastusa.com.

24. Workers' Compensation Insurance Coverage.

(A) Definitions

Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission (the "TWCC"), or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the

Contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in Section 406.096 of the Texas Labor Code) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

(B) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the statutory requirements of Texas Labor Code, §401.011

(44) for all employees of the Contractor providing services on the project, for the duration of the project.

(C) The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract.

(D) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended.

(E) The Contractor shall obtain from each person providing services on the project, and provide to the Owner:

(1) a certificate of coverage, prior to that person beginning work on the project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(F) The Contractor shall retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(G) The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the

Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;

(H) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the TWCC, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage.

(I) The Contractor shall contractually require each person with whom it contracts to provide service on a project to:

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(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code §401.011

(44) for all its employees providing services on the project, for the duration of the project;

(2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the Contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of the coverage period, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should known, of any change that materially affects the provision of coverage of any person providing service on the project; and

(7) contractually require each other person with whom it contracts to perform as required by paragraphs

(1) - (7), with the certificate of coverage to be provided to the person for whom they are providing services.

(J) By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TWCC's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

(K) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the Owner.

25. Sales Tax Exemption.

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

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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.

26. Labor Classification and Minimum Wage Scale.

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

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

III. BID

III - 1

BID

Brazoria County Drainage District No. 5

1022 FM 1462

Rosharon, TX 77486

CONTRACTOR:

(Legal Name of Company)

ADDRESS:

County:

TELEPHONE: FAX:

E-MAIL:

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 sixty (60) 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.)

BIDDER agrees that the Work will be completed and ready for final payment in accordance with Article 14 of the General Conditions within 270 calendar days after the date when the Contract Times commences to run.

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

III - 2

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

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 _____________________, 2026.

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______________________

JOINT VENTURE:

By (name)_________________________________________________ (Seal)

Address:__________________________________________________

By (name)_________________________________________________ (Seal)

Address:__________________________________________________

Address & Phone No. for official communications:

Administration Building

Adico LLC

702-25-009

ITEM UNIT AMOUNT

NO. DESCRIPTION UNIT QUANTITY PRICE BID

SECTION A - GENERAL

1. Mobilization/Payment/ Performance Bonds/Permits & Fees LS 1 $____________ $________________

SECTION B - DEMOLITION

2. Provide all supervision, labor, materials, tools, equipment, incidentals and related items for removal and offsite disposal of existing building, pavement, and site items as shown on plans and according to specifications.

LS 1 $____________ $________________

3. Provide all supervision, labor, materials, tools, equipment, incidentals and related items for construction of private water, sanitary sewer, storm sewer, paving, and grading for Brazoria

County Drainage District No. 5 Administration Building, as shown on plans and according to specifications, complete in place. Includes connection to existing septic system and private water well.

LS 1 $____________ $________________

4. Provide all supervision, labor, materials, tools, equipment, incidentals and related items to supply and install pre-manufactured structural building, including slab and foundation, electrical, and mechanical items, as shown on plans and according to specifications, complete in place. (Excluding carport)

LS 1 $____________ $________________

5. Provide all supervision, labor, materials, tools, equipment, incidentals and related items to supply and install Filter Fabric Fence around the construction site (to be installed prior to any construction activity and properly maintained throughout construction) as indicated on plans and according to specifications, complete in place. Includes removal.

LS 1 $____________ $________________

6. Provide all supervision, labor, materials, tools, equipment, incidentals and related items to supply and install Stabilized

Construction Entrance, as indicated on plans and according to specifications, complete in place. Includes removal.

LS 1 $____________ $________________

7. Provide all supervision, labor, materials, tools, equipment, incidentals and related items to supply and install Concrete Washout

Area, as indicated on plans and according to specifications, complete in place. Includes removal.

LS 1 $____________ $________________

SUBTOTAL SECTION B - DEMOLITION

BID PROPOSAL

BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5

BRAZORIA COUNTY, TX 77583

ADICO PROJECT NO. 702-25-009

SUBTOTAL SECTION A - GENERAL

ADMINISTRATION BUILDING

RFP# FY2026-01

TOTAL BASE BID

SECTION C - SITE

SUBTOTAL SECTION C - SITE

SECTION D - BUILDING

SUBTOTAL SECTION E - STORMWATER POLLUTION PREVENTION

SECTION E - STORMWATER POLLUTION PREVENTION

SUBTOTAL SECTION D - BUILDING

Bid Sheet Must Be Initialed By Same

Person Who Signs Proposal

Initial ____________ 1

Adico LLC

702-25-009

ITEM UNIT AMOUNT

NO. DESCRIPTION UNIT QUANTITY PRICE BID

BID PROPOSAL

BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5

BRAZORIA COUNTY, TX 77583

ADICO PROJECT NO. 702-25-009

ADMINISTRATION BUILDING

RFP# FY2026-01

A1.1 Provide all supervision, labor, materials, tools, equipment, incidentals and related items to supply and install proposed carport, as indicated on plans and according to specifications, complete in place.

LS 1 $____________ $________________

ALTERNATE 1 - CARPORT

ALTERNATE 1 - CARPORT

Bid Sheet Must Be Initialed By Same

Initial ____________ 2

Adico LLC

702-25-009

$________________TOTAL BASE BID (A+B+C+D+E)

BID SUMMARY

SUBTOTAL SECTION A - GENERAL

SUBTOTAL SECTION B - DEMOLITION

SUBTOTAL SECTION C - SITE

SUBTOTAL SECTION D - BUILDING

SUBTOTAL SECTION E - STORMWATER POLLUTION PREVENTION

ADICO PROJECT NO. 702-25-009

BID PROPOSAL

BRAZORIA COUNTY DRAINAGE DISTRICT NO. 5

ADMINISTRATION BUILDING

RFP# FY2026-01

BRAZORIA COUNTY, TX 77583

Bid Sheet Must Be Initialed By Same

Initial ____________ 3

IV. STANDARD FORM OF AGREEMENT

IV - 1

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of ________________________, 2026 by and between Brazoria County Drainage District No. 5 (hereinafter called OWNER) and _______________________________, (hereinafter called

CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Contract Amount: $___________

Article 2. ENGINEER.

The project has been designed by Adico, LLC Consulting Engineers, 205 E. Edgewood Dr., Friendswood, Texas 77546 (832-895-1093), who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIMES.

The Work will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 270 calendar days after the date when the Contract Times commence to run.

OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the above paragraph, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in ascertaining and proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in the above paragraph for completion and readiness for final payment. OWNER and CONTRACTOR agree that such amount is a reasonable forecast of the damages OWNER will sustain per day that the work remains uncompleted. OWNER shall have the option of deducting the amount of any liquidated damages from any monies that may be owed to CONTRACTOR or to recover such amount from the CONTRACTOR or its Sureties, at CONTRACTOR'S expense.

Article 4. CONTRACT PRICE.

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 Proposal and any subsequent change orders thereto.

Article 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.

Applications for Payment will be processed by ENGINEER as provided in the General Conditions and Supplemental Conditions.

IV - 2

OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER 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 2.07 of the General Conditions (and on the number of units of each bid item completed). Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.

Article 6. CONTRACTOR'S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7) and the other related data identified in the Bidding Documents including "technical data".

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, performance or furnishing of the Work.

CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

CONTRACTOR has carefully studied all 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) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents, are not a warranty of surface or subsurface conditions, and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of the information and data relating to surface or subsurface conditions or with respect to Underground Facilities at or contiguous to the site or CONTRACTOR'S interpretation of such information and data. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done

so) all such additional supplementary examinations, investigations, explorations, tests, studies,…