1333 West Loop South, Suite 1450, Houston, TX 77027 TEL 713.439.0027 WEB tbgpartners.com

Project Manual Contract Documents + Technical Specifications

For:

Brookewater Section 5 Rosenberg, Texas

Sitework, Planting, & Irrigation TBG Project #: H25637

Prepared For:

Spur Brookewater Development, LP 2450 Fondren Road, Suite 210 Houston, Texas 77063

On behalf of:

Fort Bend County MUD No. 253 c/o Muller Law Group PLLC 202 Century Square Boulevard Sugar Land, Texas 77478

Prepared By:

TBG Partners 1333 West Loop South Suite 1450 Houston, TX 77027

Date: July 5, 2026

07-05-2026

TBG Partners July 5, 2026 Brookewater – Section 5 H25447 Construction Documents Rosenberg, Texas

Table of Contents 000110 - 1

SECTION 000110 - TABLE OF CONTENTS

BIDDING AND CONTRACT DOCUMENTS

Invitation to Bidders

Electronic Bidding Certification

Advertisement to Bidders

Instructions to Bidders

Construction Contract

Attachment A – Texas Sales and Use Tax Exemption Certification

Exhibit A – Certificate of Insurance

Exhibit B – Bid Proposal Form with Statement of Qualifications

Exhibit C – Construction Schedule

Exhibit D – Addenda to Construction Documents

Exhibit E – Construction Document Cover Sheet

Payment Bond

Performance Bond

Maintenance Bond

Division 01 – General Requirements

011000 – Summary

012100 – Allowances

012500 – Substitution Procedures

012600 – Contract Modification Procedures

012900 – Payment Procedures

013100 – Project Management and Coordination

013200 – Construction Progress Documentation

013233 – Photographic Documentation

013300 – Submittal Procedures

014000 – Quality Requirements

014200 – References

015000 – Temporary Facilities and Controls

015639 – Temporary Tree and Plant Protection

015723 – Temporary Storm Water Pollution Control

016000 – Product Requirements

017300 – Execution

017419 – Construction Waste Management and Disposal

017700 – Closeout Procedures

017823 – Operation and Maintenance Data

017839 – Project Record Documents

017900 – Demonstration and Training

TBG Partners July 5, 2026 Brookewater – Section 5 H25447 Construction Documents Rosenberg, Texas

Table of Contents 000110 - 2

Division 31 – Earthwork

311000 – Site Clearing

312000 – Earth Moving

Division 32 – Exterior Improvements

320190 – Operation and Maintenance of Planting

321313 – Concrete Paving

321373 – Concrete Paving Joint Sealants

328400 – Irrigation

329113 – Soil Preparation

329200 – Turf and Grasses

329300 – Plants

END OF SECTION

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Fort Bend County Municipal Utility District No. 253, Attention

Kayvon Tabrizi, President, Board of Directors, will be electronically received, until 2:00 p.m. Local Time, July 20, 2026, and then publicly opened and read at 1333 W Loop S, Suite 1450, Houston, TX 77027 for

“the furnishing of all materials, labor and supervision necessary or incidental for Brookewater Section 5

– Sitework, Landscape & Irrigation, Fort Bend 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 and/or phone number below:

Teams Meeting (for Bid Results) https://teams.microsoft.com/meet/293702887754643?p=8B5ILFmyvhAxvHMYtZ

Meeting ID: 293 702 887 754 643

Passcode: mY2mZ242

Scope of Work of the Contract Documents includes the following: sitework, irrigation and planting

Bids received after the closing time will not be considered. A non-mandatory pre-bid conference will be held remotely on July 13, 2026, at 2:00 p.m. Local Time, online via Microsoft Teams and at the office of

TBG Partners. Attendance by each prospective bidder or its representative at the pre-bid conference is encouraged but not required to submit a bid.

Teams Meeting (for Pre-Bid Conference) https://teams.microsoft.com/meet/281561281002261?p=7IXIqsXUcQvWJtk86w

Meeting ID: 281 561 281 002 261

Passcode: V3RX2dd3

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 within seven (7) days after the date Contract Documents are received by the Contractor. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within twenty-four (24) hours of receipt of the bid opening.

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

Brookewater Section 5 – Sitework, Landscape & Irrigation. 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.

https://teams.microsoft.com/meet/293702887754643?p=8B5ILFmyvhAxvHMYtZ https://teams.microsoft.com/meet/281561281002261?p=7IXIqsXUcQvWJtk86w

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

Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible

Bidder which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the

Contractor agrees that the Contract Documents can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

EXHIBIT 1

TO SECTION 49.2731 ELECTRONIC BIDDING RULES

LANDSCAPE ARCHITECT’S CERTIFICATE:

TEXAS WATER CODE SECTION 49.2731 ELECTRONIC BIDDING RULES

COMPLIANCE

I, the undersigned, a duly registered professional landscape architect under the laws of the State of Texas, and authorized representative of TBG Partners, the duly appointed and acting consulting landscape architect for FORT BEND COUNTY MUNICIPAL UTILITY

DISTRICT NO. 253 (“District”) do hereby certify that:

I am familiar with and have examined Texas Water Code Sections 49.273 and 49.2731, the District’s Electronic Bidding Rules (“Rules”), and the software under which the District received bids for the following project through electronic transmission: BROOKEWATER

SECTION 5 - SITEWORK & LANDSCAPE

I hereby certify (i) compliance with Texas Water Code Section 49.2731 and the Rules,

(ii) that, to the best of my knowledge, said software is designed to assure the identification, security and confidentiality of the bids; and (iii) that electronically submitted bids remain effectively unopened until the proper time.

WITNESS MY HAND AND PROFESSIONAL SEAL this 5th July 2026.

Blake Coleman Professional Landscape Architect Registration No. 3085

07-05-2026

FORT BEND COUNTY MUD 253

ADVERTISEMENT TO BIDDERS

FORT BEND COUNTY MUD 253 INSTRUCTIONS TO BIDDERS

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 1 of 6 September 2022

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 on 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 Landscape Architect not less than three (3) 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 Landscape Architect in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of http://www.civcastusa.com/

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 2 of 6 September 2022 which will be maintained at the Landscape Architect’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, Landscape

Architect, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The non-mandatory pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid

Security”), as a guarantee that the successful bidder will enter into the Contract and execute the payment and performance bonds on the forms provided and provide the required insurance certificates 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 successful bidder.

5. BONDS. See section 1.3 entitled “SURETY BONDS REQUIRED” incorporated into the

Principal Conditions of the Contract.

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 closing time. The fact that a Bid and Bid Security were dispatched will not be considered. The Bid and Bid Security must be delivered timely 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.

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 3 of 6 September 2022

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

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

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

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

Conditions of the Contract; (ii) 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 time for completion; (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, within five (5) calendar days of notification], 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

Landscape Architect. 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 corporation 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

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 4 of 6 September 2022 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. The TEC Form 1295 may accompany the bid or may be submitted separately but must be provided to the Owner prior to the award of the Contract. For purposes of completing the TEC

Form 1295, the entity’s name is FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO.

253; the contract ID number is H25447; and the description of goods and services is BROOKEWATER

SECTION 5. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS

MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID.

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

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

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether or not 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 (“EVALUATING PARTIES”) 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, LANDSCAPE ARCHITECT, DEVELOPER, THE

EVALUATING PARTIES AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, AND AGENTS 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

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 5 of 6 September 2022

DOCUMENTS OR THE CONTRACT DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF

ANY BIDS AND AWARD OF THE CONTRACT.

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

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

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

Proceed will be issued within a reasonable period after the notice of award.

Within ten (10) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Landscape Architect 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

Landscape Architect within ten (10) 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. See section 4.4 entitled “SALES TAX” incorporated into the Preliminary Matters of the Contract.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. Contract documents will be provided in PDF format. Printed copies are at the Contractor’s discretion and expense.

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; Landscape Architect; Contractor; and

Developer. Any document accepted, executed, or agreed to in conformity with such Order is binding on

Owner, Landscape Architect, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Landscape Architect, 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

Landscape Architect. Notwithstanding the foregoing, all Bonds must be provided to Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

18. INSURANCE. See section 6.11 entitled “INSURANCE” incorporated into the Contractor’s

Responsibilities / Indemnities of the Contract.

19. SOILS REPORT. If a soils investigation has been made for this project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

05 - Instruction to Bidders - TBG.docx INSTRUCTION TO BIDDERS 6 of 6 September 2022 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, Landscape Architect, 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, Landscape Architect, 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 ascertain 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 accrual 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 Section 6.13.

Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

Version 2025.1

FORT BEND COUNTY MUD NO. 253 CONTRACT

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

The Parties To This Contract Are:

Owner

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253,

a political subdivision of the State of Texas.

c/o The Muller Law Group, PLLC

202 Century Square Boulevard

Sugar Land, Texas 77478

Contractor

TBD

Developer

SPUR BROOKEWATER DEVELOPMENT LP, a Texas Limited Partnership, 2450 Fondren Road, Suite 210

Houston, Texas 77063

THIS CONTRACT (“Contract”) is made and entered into this ___ day of ___________ 20___, among the Parties, for and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows.

All capitalized terms used herein shall be given the meanings set forth in Article II below.

One fully executed original Contract will be retained by Owner. A certified copy of the fully executed

Contract will be provided to any parties requesting a copy.

CONTENTS

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

ARTICLE I. PRINCIPLE CONDITIONS OF THE CONTRACT

ARTICLE II. DEFINITIONS

ARTICLE III. CONTRACT DOCUMENTS

ARTICLE IV. PRELIMINARY MATTERS

ARTICLE V. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE VI. CONTRACTOR’S RESPONSIBILITIES/ INDEMNITIES

ARTICLE VII. LANDSCAPE ARCHITECT’S STATUS DURING CONSTRUCTION

ARTICLE VIII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS

ARTICLE IX. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE X. PRICE FOR WORK/ PAYMENTS TO CONTRACTOR

ARTICLE XI. FINAL COMPLETION AND ACCEPTANCE

ARTICLE XII. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XIII. MISCELLANEOUS

INDEX

ATTACHMENT A

ARTICLE I. PRINCIPAL CONDITIONS OF THE CONTRACT

1.1 SCOPE OF WORK:

a. Contractor shall commence and complete the Work generally described as follows:

BROOKEWATER SECTION 5 - SITEWORK, LANDSCAPE & IRRIGATION

for FORT BEND COUNTY MUD NO. 253, Fort Bend County, Texas, according to those particular Plans and Technical Specifications prepared by LANDSCAPE ARCHITECT (“Landscape Architect”) and all Extra Work in connection therewith, under the terms as stated in the Contract, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents, including, the

Invitation to Bidders, Instructions to Bidders, Contractor’s Bid, the Contract, Plans, and other drawings and printed or written explanatory matter thereof, and the Technical

Specifications, on file with Landscape Architect. Contractor represents and warrants to the

Owner that it has carefully examined this Contract and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

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

c. The Work, in general, under the Contract includes the purchase, installation, and construction of all structures, equipment, and materials, including appurtenances, as indicated on the Plans.

d. Major items of construction and services required are designated as follows:

i. Install and adjust waterlines, valves, valve boxes, flushing valves, fittings, and appurtenances

ii. Construct and adjust sanitary sewer, manholes, and appurtenances

iii. Repair existing pavement affected

iv. Furnish and install all subsidiary items as necessary to complete the project

v. Perform testing as specified on installed lines

vi. Clean-up project area upon completion

1.2 TIME FOR COMPLETION:

a. The Contractor hereby agrees to begin work within 10 calendar days after Landscape

Architect has given written Notice to Proceed. Contractor hereby also agrees to achieve

Substantial Completion of the Work within ___ calendar days after the date of the written

Notice to Proceed and to achieve Final Completion of the Work within ___ calendar days after the date of the written Notice to Proceed.

1.3 SURETY BONDS REQUIRED:

a. It is further agreed by the parties to this Contract that Contractor will execute:

i. a Payment Bond in the sum of 100% of the initial Contract Price, if the initial Contract

Price is $25,000 or more

AND

ii. a Performance Bond in the sum of 100% of the initial Contract Price, if the initial

Contract Price is $100,000 or more

AND

iii. a Maintenance Bond in the amount of 50% of the final Contract Price for the period reflected in Section 9.2 if the maintenance and warranty period is not covered by a

Performance Bond.

for the satisfactory performance of the Work, the fulfilment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the

Work, in accordance with this Contract on the forms provided for this purpose; and it is agreed that this Contract shall not be in effect until such Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor shall 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 work on the Project.

b. All Bonds shall be in the form prescribed by the Contract Documents, except as required otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on

Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570

(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of the agent’s authority to act must accompany all Bonds signed by an agent. Surety must have a minimum Best’s Key Rating of “B+”. 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 the underwriting limitation.

c. For bonds over $100,000, the surety must also hold a certificate of authority from the United

States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. 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.

d. The person executing the Bonds must be authorized by the surety company to execute the

Bonds on behalf of the company in the amount required for the contract and such authorization must be recorded in the files of the Texas Department of Insurance. The

Contract shall not be in effect until such bonds have been provided by the Contractor and accepted by the Owner.

e. If the surety on any Bond furnished by Contractor is declared bankrupt, becomes insolvent, 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 shall promptly notify Contractor, Owner and Landscape Architect and shall, within 10 calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

1.4 CONTRACT PRICE:

a. The Contract Price for this Work is ____________________ and ___ /100ths Dollars

($___________). The initial Contract Price may increase or decrease due to Change Orders and Contract Price Adjustments, described below, as provided by the Contract Documents.

b. Contractor and Owner agree that time is of the essence of this Contract. Therefore, Contractor and Owner agree that for each and every calendar day the Work or any portion thereof is not Substantially Complete after the date provided for in Section 1.2 of this

Contract, or as extended under the provisions of the Contract Documents, the Contract

Price will decrease by $1,000 (“Contract Price Adjustment”). This Contract Price

Adjustment is an “economic disincentive” for late completion of the Work, pursuant to

Section 49.271(e), Texas Water Code. The Owner shall have the option to deduct and withhold the Contract Price Adjustment 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 performance bond.

1.5 DEVELOPER’S OBLIGATION TO MAKE PAYMENTS FOR THE WORK:

a. Owner (“District”) shall be deemed and considered Owner for all purposes under the

Contract Documents, except for purposes of Payment.

b. SPUR BROOKEWATER DEVELOPMENT LP (“Developer”) shall be considered

“Owner” for purposes of approving requests for and making payments to the Contractor for all or any portion of the Contract Price and for paying all damages, if any, that might ever be due or payable by the District, including any costs associated with any Change

Orders to the Contract. After submission to and approval by the District and by Developer of the invoices, certificates, and supporting documentation in connection with a request for payment, the Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor’s invoices for work performed, in accordance with the terms of the Contract Documents, in an aggregate amount not to exceed the

Contract Price, plus Change Orders and Extra Work approved by the Board of Directors of the District and by Developer. Failure by Developer to make such payments to the

Contractor shall constitute a default by Owner and shall entitle the Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due;

provided, however, the District shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price.

c. In consideration for payment provisions described above, Developer, its officers, directors, and employees, shall be included as Indemnified Parties and subject to all rights afforded thereby under the Contract Documents, in law, and in equity.

d. Developer reserves the right to assign its payment obligations hereunder to District, subject to written acceptance thereof by the District. Developer further reserves the right to assign its obligations hereunder to a third party, subject to written consent of the District. A copy of such assignment and the acceptance or consent thereof, as applicable, by the District shall be provided to the Contractor, and thereafter the District shall be obligated to make all payments thereafter becoming due to the Contractor pursuant to this Contract and the obligations of Developer contained herein.

e. For purposes of convenient administration of this Contract, District may from time to time make payments due the Contractor pursuant to this Contract from funds available to the

District; provided, however, no such payment by District will obligate District to make further payments due the Contractor or pursuant to the Contract unless and until District has accepted an assignment of Developer’s obligations hereunder and a copy of the assignment and the District’s acceptance is delivered to the Contractor, whereupon the

District shall become liable for payment to the extent of the assignment.

1.6 NOTICE TO DEVELOPER:

a. If Owner breaches its obligations in any respect under the Contract Documents, before exercising any remedy the Contractor shall give written notice to Developer at the address above specifying the breach and the steps necessary to cure the breach. Developer shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the

Contract Documents.

1.7 INTERESTED PARTY DISCLOSURE:

a. Contractor acknowledges that an appropriate disclosure of interested parties, as required under Section 2252.908, Texas Government Code, and meeting the requirements of Texas

Ethics Commission Form 1295, has been submitted to the Owner.

ARTICLE II. DEFINITIONS

2.1 DEFINITIONS. The following terms shall be defined as described below, unless such definition is expressly modified by the Contract Documents. Any capitalized terms used in the Contract

Documents not defined in this section shall have the meaning assigned to such term under the

Contract Documents.

a. Actual Field Cost. Includes the cost of all workmen, such as foremen, timekeepers, mechanics, and labourers, and all materials, supplies, teams, trucks, and rentals on machinery and equipment for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred if such equipment or machinery be not already on the job together with all power, fuel, lubricants, water, and similar operating expenses;

also all necessary incidental expenses, incurred directly on account of such Extra Work, including Social Security, Old Age Benefits, and other payroll taxes, and a rateable proportion of premiums on all Bonds and all insurance as may be required by any law or ordinance, or required by Landscape Architect or Owner, or as agreed to by them.

b. Bid. The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

c. Bond(s). Performance bonds, maintenance bonds and payment bonds, or any of them, as required by the Contract Documents.

d. Certificate of coverage. A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, 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.

e. Change Order. A document signed by Contractor, Landscape Architect and Owner and entered into in accordance with the Contract Documents that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the time for completion.

f. Claim. A “Claim” is a claim, demand, or assertion by the Contractor seeking for itself or on behalf of a Subcontractor or supplier: adjustment or interpretation of any Contract term, including without limitation, adjustment of the Contract Price or Contact Time; payment of money; relief from obligations; or other relief or recovery with respect to the terms of the

Contract. The term “Claim” also includes other disputes and matters in question asserted by the Contractor (whether for itself or on behalf of a Subcontractor or supplier) arising out of or relating to the Contract.

g. Contract. The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

h. Contract Documents. In addition to this Contract, the Contract Documents include: the

Invitation to Bidders, Instructions to Bidders, Bid, the Contract, Technical Specifications, Plans, Change Orders, any written amendment to the Contract signed by both Contractor and Owner, Written Work Orders, written interpretations of the Contract or addenda issued by Landscape Architect, and all other documents designated as incorporated by reference.

Documents incorporated by reference are Contract Documents, whether attached or not.

Approved Shop Drawings and other Contractor’s submittals, inspections and reports, such as testing of subsurface and physical or environmental conditions, are not Contract

Documents.

i. Contract Price. The amount of money stated in the Contract as payable by Owner to

Contractor for timely completion of the Work in accordance with the Contract Documents, plus or minus any increases or decreases to the initial Contract Price agreed to by Owner as provide by the Contract.

j. Contract Time. The number of days or the dates stated in the Contract to achieve Final

Completion, expressed as a number of calendar days or as a reference to the date of Final

Completion. If the Contract Time is measured by calendar days, each and every calendar day shall be counted against the Contract Time. Also includes “duration of the project.”

k. Contracting Information. The following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:

i. Information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;

ii. Solicitation or bid documents relating to a contract with a governmental body;

iii. Communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;

iv. Documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and

v. Communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

l. Contractor Parties. The Contractor, Subcontractor, supplier and their respective agents, representatives or employees, or any of them.

m. Extra Unit Price Items. All extra unit price items or alternate unit price items so specified in the Bid.

n. Extra Work. All work that may be required by Landscape Architect or Owner to be done by Contractor to accomplish any change, alteration, or addition to the Work shown upon the Plans, implied by the Technical Specifications, or otherwise within the Contract

Documents and not covered by Contractor’s Bid. Notwithstanding the foregoing, Extra

Unit Price Work required by Landscape Architect or Owner as described herein is not included in the definition of Extra Work.

o. Final Completion. The date on which the entire Work or an agreed portion thereof is complete in strict conformance with the Contract Documents. If any governmental entity has jurisdiction to approve or accept Contractor’s work on the Project, or any portion thereof, Final Completion is not achieved unless and until written approval or acceptance of the entity is received.

p. Force Majeure. Fire, flood, or act of God, earthquakes, hurricanes, tornadoes, epidemics, war, riot, civil disturbance, sabotage, terrorism, governmental or judicial restraint but only to the extent such event (i) is beyond the control of and cannot be reasonably anticipated by, or the effects alleviated by, the Contractor and (ii) prevents the performance of the Work.

Events not specifically listed herein shall not constitute events of Force Majeure.

q. Hazardous Environmental Condition.