CONSTRUCTION CONTRACT DOCUMENTS FOR

OFFSITE WATER & WASTEWATER IMPROVEMENTS

TO SERVE MARIGOLD MEADOWS

FORESTAR (USA)

REAL ESTATE GROUP INC.,

A DELAWARE CORPORATION

HARRIS COUNTY, TEXAS

AUGUST 2026

Prepared By:

4424 W Sam Houston Pkwy. N, Suite 600 Houston, Texas 77041 Voice (713) 462-3242 Fax (713) 462-3262 www.cobfen.com ghollas Snapshot PE Seal ghollas Snapshot Gretchen M. Hollas ghollas Text Box 08/27/26

Harris County Municipal Utility District No. 555 TABLE OF CONTENTS

00003-1

Section 00003

TABLE OF CONTENTS

NO. OF

SECTION TITLE PAGES

00003 Table of Contents

00020 Invitation to Bidders

00100 Instructions to Bidders

Texas Sales and Use Tax Exemption Certification

00300 Bid Form

00400 Engineer�s Certification as to Electronic Bidding Rules Compliance

00500 Contract

00510 Special Conditions of the Contract Part A

00520 Special Conditions of the Contract Part B

00610 Performance Bond (Public/Private)

Joint Obligee Rider to Performance Bond

00620 Payment Bond

Memorandum of Contract and Exhibit A

Joint Obligee Rider to Payment Bond

00630 Maintenance Bond

00700 General Conditions

00710 Attachment A to General Conditions

Exhibit A � Forestar Insurance Requirements

00720 Attachment B to General Conditions

DIVISION 1 - GENERAL REQUIREMENTS

01100 Summary of Work

01200 Measurement and Payment

01350 Submittals

01380 Construction Photographs

01420 Referenced Standards

01430 Contractor�s Quality Control

01440 Observation Services

01450 Testing Laboratory Services

01505 Mobilization

01562 Waste Material Disposal

01564 Control of Ground Water & Surface Water

01630 Product Options and Substitutions

01720 Field Surveying

01760 Project Record Documents

01770 Contract Closeout

DIVISION 2 - CONSTRUCTION SPECIFICATIONS

02220 Site Demolition

02252 Cement Stabilized Sand

00003-2

02255 Bedding, Backfill, and Embankment Materials

02318 Excavation and Backfill for Utilities

02330 Embankment

02335 Subgrade

02415 Augering Pipe or Casing for Sewers

02417 Augering Pipe or Casing for Water Lines

02510 Water Mains

02511 Water Meters

02514 Fire Hydrant Assembly

02515 Water Tap and Service Line Installation

02520 Valve Boxes, Meter Boxes, and Meter Vaults

02530 Gravity Sanitary Sewers

02532 High Density Polyethylene (HDPE) Solid Wall Pipe

02533 Sanitary Sewage Force Mains

02534 PVC Pipe

02541 Water and Wastewater Line Valves

02542 Concrete Manholes and Accessories

02603 Frames, Grates, Rings, and Covers

02628 Jacking Pipe or Box

02633 Adjusting Manholes, Inlets, and Valve Boxes

DIVISION 3

03110 Roadway Excavation

03120 Excavation for Channels and Other Drainage Facilities

03130 Borrow

03132 Embankment

03160 Topsoil

03162 Sodding for Erosion Control and Stabilization

03164 Seeding and Erosion Control Blanket

03165 Hydro-Mulch Seeding (for Erosion Control and Stabilization)

03166 Fertilizer

03205 Subgrade

03220 Lime Stabilized Subgrade

03221 Hydrated Lime and Lime Slurry

03223 Lime-Fly Ash or Fly Ash Stabilized Subgrade

03224 Quicklime (Stabilization)

03231 Cement Stabilized Crushed Aggregate Base Course

03360 Concrete Pavement

03429 Trench Safety System

03430 Construction of Underground Utilities

03431 Jacking, Boring or Tunneling Pipe

SS-03432 Horizontal Directional Drilling

03433 Cement Stabilized Sand Bedding and Backfill Material

03436 Well Pointing

03471 Precast Concrete Manholes and Junction Boxes

03473 Adjusting Manholes and Inlets

03493 Riprap

00003-3

03494 Geotextiles

03530 Concrete Curb, Concrete Curb and Gutter, Sidewalks and Driveways

03535 Medians and Directional Islands

03536 Coloring Concrete for Median Noses

03559 Construction Safety Fence

03560 Maintenance and Cleanup of the Project Site

03561 Video Recording Construction

03562 Preparing the Right-of-Way

03658 Delineators and Object Markers

03660 Reflectorized Pavement Markings

03661 Traffic Paint (Solvent Based)

03663 Traffic Buttons and Pavement Markers

03665 Work Zone Pavement Markings

03666 Prefabricated Pavement Markings

03669 Pavement Surface Preparation for Markings

03670 Barricades

03700 Notice of Intent

03713 Reinforced Filter Fabric Barrier

03719 Inlet Protection Barriers

03724 Stabilized Construction Access

03725 General Source Controls (SWPPP)

03730 Concrete Truck Washout Structures

03741 Inlet Protection Barrier (for Stage II Inlets, Gravel Bags)

03751 SWPPP Inspection and Maintenance

END OF DOCUMENT

Electronic Bids Only, Electronic Signatures Option, and Remote Public Bid Opening Option August 2026

Harris County Municipal Utility District No. 555 Date: August 27, 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Harris County Municipal Utility District No. 555, Attention Jimmy

Bishop, President, Board of Directors, will be electronically received, until 2:00 p.m. Local Time, September 17, 2026, and then publicly opened and read at the office of CobbFendley, 4424 W Sam

Houston Pkwy N, Suite 600, Houston, TX 77041 for �Offsite Water & Wastewater Improvements to Serve

Marigold Meadows for City of Baytown ETJ, Harris County, Texas� In addition to the opening of sealed

Bids at the address above, you may view the public opening of sealed Bids via Microsoft Teams. To join via Microsoft Teams, use the link below or dial in by phone:

Teams Link:

https://teams.microsoft.com/meet/238631833749819?p=IIDHAP7mBfBqj89JxO

Meeting ID: 238 631 833 749 819

Passcode: 7VT2UG9e

Dial in by phone:

+1 346-249-3728

Phone conference ID: 644 780 465#

Scope of Work of the Contract Documents includes the following: Approximately 3,700 LF of offsite 8-inch, 10-inch, and 12-inch water line; approximately 11,000 LF of offsite 8-inch wastewater force main; and approximately 20 LF of offsite 12-inch gravity sanitary sewer, including associated appurtenances, connections, traffic control, and SWPPP.

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held in person on September 10, 2026, at 10:00 a.m. Local Time, at the above-mentioned address.

Each Bid must be accompanied by a Bid bond or a certified or cashier�s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier�s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier�s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search

�Marigold Meadows�. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

Bidder must submit its Bid and Bid Securities in compliance with Owner�s Order Adopting Section 49.2731

Electronic Bidding Rules and all Bids and Bid Securities must be submitted through www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid Security and there is no charge to submit Bids and Bid Securities on this website.

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature, as defined by and in accordance with Owner�s

Electronic Signature Rules for Construction Contracts.

Electronic Bids Only, Electronic Signatures Option, and Remote Public Bid Opening Option August 2026

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

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

Harris County Municipal Utility District No. 555 INSTRUCTIONS TO BIDDERS

1109700 Instructions to Bidders August 2026

INSTRUCTIONS TO BIDDERS

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

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), �No Bid� must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An �unbalanced� Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

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

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS.

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

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

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

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com system for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is

1109700 Instructions to Bidders August 2026 the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer�s office and the office designated to receive the Bids, if any.

Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A NON-MANDATORY pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier�s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the �Bid Security�), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter�s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder�s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. If this is a clearing and grubbing contract, only, no maintenance bond is required by the District, otherwise: 1) if the District will own any part of the facilities being constructed insert: The successful bidder must also provide a one-year (1) Maintenance Bond for one hundred (100) percent of the cost of the construction of the improvements that will be owned by Harris County Municipal Utility District No. 555; and 2) If any entity other than the District will own and operate the improvements after Final Completion, insert the maintenance bond requirements and form of maintenance bond, if any, for that entity. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder�s total Bid amount. The surety company must have a minimum Best Key Rating of �B+� or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent�s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety

1109700 Instructions to Bidders August 2026 must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder�s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price.

Contractor�s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner; Developer, if there is a Special Conditions of the Contract Part B; and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder�s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

7. �OR EQUAL� SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by �or equal�. In certain other Technical Specification sections, manufacturers are listed with �or equal� not included. In those items where �or equal� is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested �or equal� product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an �equal�. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested �or equal.� Owner�s decision on whether a suggested manufacturer is an �equal� is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an �equal� and Owner decides the item is not �equal�.

Bidder must submit its list of suggested �or equal� items at time of Bid submission. No additional suggested �or equal� items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value; however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the

1109700 Instructions to Bidders August 2026

Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the

Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time;

(vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, with its Bid, either (i) a fully completed contractor�s statement of qualification or (ii) a written statement that the most recently submitted contractor�s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor�s statement of qualification or to timely submit the statement of qualification will, at Owner�s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor�s statement of qualification is available from the Engineer. Owner may reject, at Owner�s sole discretion, a bidder�s statement of qualification if the bidder�s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (�TEC Form 1295�) pursuant to Texas Government Code § 2252.908 (the �Interested Party Disclosure Act� or the �Act�): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section

2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the �TEC�). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC�s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity�s name is Harris

County Municipal Utility District No. 555; the contract ID number is 2310-004-07; and the description of goods and services is Offsite Water & Wastewater Improvements to Serve Marigold Meadows.

Neither the Owner nor its consultants have the ability to verify all of Contractor�s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder

1109700 Instructions to Bidders August 2026 with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT

THEIR TEC FORM 1295 WITH THEIR BID.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid.

Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner�s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER�S BACKGROUND, CAPABILITIES, PRIOR

EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER�S PERFORMANCE OF THE

WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT

PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER�S SPECIFIC AUTHORIZATION TO

PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH

INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER

AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY

SUBMISSION OF A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE

ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER,

ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, AND AGENTS (�THE EVALUATING PARTIES�)

ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR

RECOMMENDATION (OR LACK THEREOF) OF ANY BID; (2) WAIVER OF ANY

REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3)

ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner�s discretion, based on the amount of the total base bid (without including �Extra Unit Price Items� or �alternate� bid items) or on the amount of the total amount bid (including �Extra Unit Price Items� or �alternate� bid items), or based on any other combination, means or method determined appropriate by Owner.

1109700 Instructions to Bidders August 2026

If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty (60) days after the day of the Bid opening. All bidders must honor their Contract Price on their bid form, if the Contract is awarded within the timeframe provided herein. A Notice to

Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor�s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner�s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder�s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder�s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use

Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items.

Contractor�s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least four (4) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder five (5) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer�s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument. Electronic Signatures, as defined by and in accordance with the Owner�s Order Adopting Electronic Signature Rules for Construction Contracts, will be deemed original signatures for purposes of the Contract Documents and all matters related thereto, with such Electronic Signatures having the same legal effect as physical, wet-ink signatures. Owner; Engineer; Contractor; and Developer, if there is a Special Conditions of the Contract Part B, agree that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature. Any document accepted, executed, or agreed to in conformity with such Order is binding on Owner, Engineer, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Engineer, Contractor, and Developer, if applicable, each hereby consent to the use of any third-party electronic signature capture service provider that may be chosen by Owner or Engineer. Notwithstanding the foregoing, all Bonds must be provided to Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

1109700 Instructions to Bidders August 2026

18. INSURANCE. See section entitled �INSURANCE REQUIREMENTS� attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract and Special Conditions of the Contract Part B, if attached..

19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder�s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.

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

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

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

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

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the

Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor�s failure to comply with the Contract Documents or due to Owner�s termination of Contractor for default under the Contract Documents), Contractor shall be liable to

Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of

$500.00 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor�s bond.

Harris County Municipal Utility District No. 555 BID FORM

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Section 00300

BID FORM

TO: Harris County Municipal Utility District No. 555 c/o Cobb, Fendley & Associates, Inc.

4424 W Sam Houston Pkwy N, Suite 600 Houston, Texas 77041

PROJECT: Offsite Water & Wastewater Improvements to Serve Marigold Meadows

BIDDER: _________________________________________________________

(Print or type full name of proprietorship, partnership, corporation, or joint venture.)

1. 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 Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the deposition of Bid Security. This Bid will remain subject to acceptance for 45 calendar days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 calendar days after the date of OWNER�S Notice of Award.

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

A. BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

B. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

C. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely.

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D. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, and studies (in addition to or to supplement those referred to in C above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by BIDDER for such purposes.

E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, or similar information or data in respect to said underground facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.03 of the General Conditions.

F. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER.

H. 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.

4. BIDDER will complete the Work for the following prices: (Note: All bid items are for work complete in place). These prices are to cover all expenses incurred in performing the work required under the Contract Documents, including related work that may not be specifically mentioned.

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A. BASE UNIT PRICE ITEMS - OFFSITE WATER & WASTEWATER

PART 1 � OFFSITE GENERAL ITEMS

Item

No.

Item Description Unit Qty Unit Price

Extended

Price

Mobilization, including performance, payment, and 1-yr maintenance bonds (5% max of total contract price for Offsite Water & Wastewater)

LS 1

Minimal Site Preparation within the offsite utility corridor, including stripping of vegetation, clearing and grubbing as required for utility construction, placement of vegetation strippings at a location designated by the Owner or Engineer, and temporary grading necessary to maintain surface drainage during construction, complete in place.

AC 2.5

Surplus utility spoils generated from offsite water and wastewater excavation shall be hauled to and stockpiled at a location designated by the Owner or Engineer within the Marigold Meadows development. Spreading and compaction of stockpiled material shall be by others.

CY 2,350

Traffic Control for Offsite Water and Wastewater Improvements along E Wallisville Road, FM 1942, N. Main Street, and Garth Road, including all required temporary traffic control devices and traffic handling measures in accordance with the TCP and applicable governing agency requirements, complete in place.

LS 1

SUBTOTAL OFFSITE GENERAL ITEMS

PART 2 � OFFSITE WATER DISTRIBUTION ITEMS

Item

No.

Item Description Unit Qty Unit Price

Extended

Price

1 Trench Safety System, all depths LF 2,373

8" PVC Water Line, C-900 (Open Cut), all depths, includes thrust blocks, fittings and all other ancillary items per City of Baytown specs & details, restoration of roadside ditches and disturbed areas to existing lines, grades, and conditions, bedding and backfill, hydro-static & Bac-T testing, complete in place

LF 58

10" PVC Water Line, C-900 (Open Cut), all depths, includes thrust blocks, fittings and all other ancillary items per City of Baytown specs & details, bedding and backfill, hydro-static & Bac-T testing, complete in place

LF 8

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Item

No.

Item Description Unit Qty Unit Price

Extended

Price

12" PVC Water Line, C-900 (Open Cut), all depths, includes thrust blocks, fittings and all other ancillary items per City of Baytown specs & details, restoration of roadside ditches and disturbed areas to existing lines, grades, and conditions, bedding and backfill, hydro-static & Bac-T testing, complete in place

LF 2,307

12" PVC Water Line, C-900, with 20� Steel Casing (Bore & Jack), all depths, includes thrust blocks, fittings and all other ancillary items per City of Baytown specs and details, bedding and backfill, restoration of disturbed areas to existing lines, grades, and conditions, hydro-static & Bac-T testing, complete in place

LF 178

12" PVC Water Line, C-900, SDR-14 with Internal Restrained Joints, Horizontal Directional Drill (HDD), all depths, includes drilling operations, pullback, thrust blocks, fittings and all other ancillary items per City of Baytown specs & details, bedding and backfill, restoration of disturbed areas to existing lines, grades, and conditions, hydro-static & Bac-T testing, complete in place.

LF 1,175

8" AWWA Gate Valve and Box (includes valve extension and concrete pad at grade), complete in place

EA 1

12" AWWA Gate Valve and Box (includes valve extension and concrete pad at grade), complete in place

EA 4

8" Restrained Mechanical Joint Plug and 2" Blow- Off Valve Assembly at Future Waterline Connection, including all fittings, restraints, valves, boxes, and ancillary items required for a complete temporary termination, complete in place

EA 2

Flushing Valve Assembly, includes 6� gate valve & box, 6� lead, fire hydrant, and all other ancillary items, all depths, complete in place

EA 4

Combination Air Valve Assembly in Service Manhole, including service manhole, frame and cover, valve assembly, piping, fittings, appurtenances, excavation, backfill, testing, and all incidental work, complete in place

EA 4

10" Master Meter and 10" Backflow Preventer Assembly in Vault, including vault, piping, valves, fittings, appurtenances, testing, and all work required per City of Baytown standards, complete in place

EA 1

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Item

No.

Item Description Unit Qty Unit Price

Extended

Price

Connect Proposed 12� Waterline to Existing 12� Waterline, includes all fittings, adapters and connectors, removal and disposal of existing plug & clamp and 2� blow off valve & box (all depths), complete in place

EA 1

Proposed CWA Boundary Marker, including sign displaying the name of the owner and operator, pipeline contents, utility identification, post, installation, and all other ancillary items per City of Baytown specs & details, complete in place

EA 2

SUBTOTAL OFFSITE WATER DISTRIBUTION ITEMS

PART 3 � OFFSITE WASTEWATER ITEMS

Item

No.

Item Description Unit Qty Unit Price

Extended

Price

1 Trench Safety System, all depths, complete in place LF 7,574

12" PVC Sanitary Sewer, SDR 26, 0'-8' depth, includes bedding and backfill as required per plans, restoration of disturbed areas to existing lines, grades, and conditions, all ancillary items, air test and mandrel testing, complete in place

LF 20

8" PVC Sanitary Force Main (Open Cut), 0'-9' depth, includes excavation, bedding and backfill as required per plans, restoration of roadside ditches and disturbed areas to existing lines, grades, and conditions, all ancillary items, hydrostatic pressure and leakage testing, complete in place

LF 7,522

8" PVC Sanitary Force Main with 12" Steel Casing (Open Cut), 0'-8' depth, includes excavation, bedding and backfill as required per plans, restoration of disturbed areas to existing lines, grades, and conditions, all ancillary items, hydrostatic pressure and leakage testing, complete in place

LF 32

8" PVC Sanitary Force Main (Bore & Jack), all depths, includes boring and jacking operations, casing pipe, carrier pipe, spacers, end seals, excavation, bedding and backfill, restoration of disturbed areas to existing lines, grades, and conditions, all ancillary items, hydrostatic pressure and leakage testing, complete in place

LF 1,117

8" PVC Sanitary Force Main with 12� Steel Casing (Bore & Jack), all depths, includes boring and jacking operations, casing pipe, carrier pipe, spacers, end seals, excavation, bedding and backfill, LF 409

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Item

No.

Item Description Unit Qty Unit Price

Extended

Price restoration of disturbed areas to existing lines, grades, and conditions, all ancillary items, hydrostatic pressure and leakage testing, complete in place

8" PVC Sanitary Force Main, Horizontal Directional Drill (HDD), all depths, includes drilling operations, pullback, drilling fluid management, excavation, bedding and backfill where required, restoration of disturbed areas to existing lines, grades, and conditions, all ancillary items, hydrostatic pressure and leakage testing, complete in place

LF 1,894

Standard 4' Diameter Sanitary Sewer Manhole (0-8' depth), includes adjustments, Xypex coating, Xypex additive in all interior grouting per City specs and details, City of Baytown lids per detail, and manhole vacuum testing, complete in place

EA 1

Combination Air Valve Assembly in Service Manhole, including service manhole, frame and cover, valve assembly, piping, fittings, appurtenances, excavation, backfill, testing, and all incidental work, complete in place

EA 2

Air Release Valve Manhole, including air release valve assembly, manhole structure, frame and cover, piping connections, valves, fittings, supports, excavation, backfill, testing, and all appurtenances required for a complete installation per City of Baytown requirements, complete in place

EA 5

Connect Prop. 12" Gravity Sanitary Sewer to Existing Sanitary Sewer Manhole (Core Drill), including core drilling, connection fittings, seals, grouting, pipe installation, adjustments, testing, and all appurtenances required for a complete connection, complete in place

EA 1

Connect Prop. 8" Sanitary Force Main to Lift Station Discharge Piping, including fittings, adapters, restraints, excavation, backfill, testing, and all ancillary items required…