Project Manual _ Contract (5).pdf

1333 West Loop S., Suite 1450, Houston, TX 77027 TEL 713.439.0027 WEB: https://tbgpartners.com/

Project Manual Contract Documents + Technical Specifications

For:

Fulshear Lakes Hillside – Section 5 & 6

Sitework, Grading & Lighting TBG Project #: H25475

A Project by:

Fulshear Lakes, Ltd. on behalf of Fort Bend County Municipal Utility District No. 216 1300 Post Oak Blvd., Suite 2400 Houston, TX 77056-4078

Prepared By:

TBG Partners 1333 West Loop S., Suite 1450 Houston, TX 77027

Date: September 8, 2026

09/08/2026

TBG Partners September 8, 2026 Fulshear Lakes – Lakeside Sec 5 & 6

H25475 Construction Documents Fulshear, Texas

Table of Contents 000110 - 1

SECTION 000110 – TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

Invitation to Bidders

Instructions to Bidders

Exhibit 1 – Certificate of Electronic Bidding

District Resolution Adopting Rules for Electronic Submission of Bids

Bid Form CIVCAST

Bid Bond

Contractor’s HB 1295 Form

Proposed Subcontractor Form

Contractor Statement of Qualifications

Agreement

General Conditions of the Agreement

SC-A – Special Conditions of the Agreement Part A

Exhibit “A” Invoice Requirements

Exhibit “B” Insurance Requirements

Schedule A – Minimum Insurance Requirements

Exhibit “C-1” Conditional Waiver and Release on Progress Payment

Exhibit “C-2” Unconditional Waiver and Release of Progress Payment

Exhibit “C-3” Conditional Waiver and Release on Final Payment

Exhibit “C-4” Unconditional Waiver and Release of Final Payment

SC-B – Special Conditions of the Agreement Part B

Prevailing Wage Rate Scale

Texas Sales and Use Tax Exemption Certificate

Certificate(s) of Insurance (Contractor)

Performance Bond

Payment Bond

Addenda

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01 1000 – Summary

01 2100 – Allowances

01 2500 – Substitution Procedures

01 2600 – Contract Modification Procedures

01 2900 – Payment Procedures

01 3100 – Project Management Coordination

Table of Contents 000110 - 2

01 3200 – Construction Progress Documentation

01 3233 – Photographic Documentation

01 3300 – Submittal Procedures

01 4000 – Quality Requirements

01 4200 – References

01 5000 – Temporary Facilities and Controls

01 5639 – Temporary Tree and Plant Protection

01 5723 – Temporary Storm Water Pollution Control

01 6000 – Product Requirements

01 7300 – Execution

01 7419 – Construction Waste Management and Disposal

01 7700 – Closeout Procedures

01 7823 – Operation and Maintenance Data

01 7839 – Project Record Documents

01 7900 – Demonstration and Training

DIVISION 03 – CONCRETE

03 3000 – Cast-in-Place Concrete

DIVISION 04 – MASONRY

04 2000 – Unit Masonry

04 4100 – Dry Placed Stone

04 7200 – Cast Stone Masonry

DIVISION 05 – METALS

05 5000 – Metal Fabrications

DIVISION 09 – FINISHES

09 9600 – High-Performance Coatings

DIVISION 10 – SPECIALTIES

10 1400 – Signage

DIVISION 11 – EQUIPMENT

11 6800 – Play Field Equipment and Structures

DIVISION 26 – ELECTRICAL

26 5600 – Exterior Lighting

DIVISION 31 – EARTHWORK

31 0000 – Site Clearing

31 2000 – Earth Moving

DIVISION 32 -- EXTERIOR IMPROVEMENTS

32 0190 – Operation and Maintenance of Planting

Table of Contents 000110 - 3

32 1313 – Concrete Paving

32 1373 – Concrete Paving Joint Sealants

32 1500 – Aggregate Surfacing

32 1813 – Synthetic Grass Surfacing

32 1816 – Playground Protective Surfacing

32 3129 – Wood Fences and Gates

32 3300 – Site Furnishings

32 8400 – Irrigation

32 9115 – Soil Preparation (Performance Specification)

32 9200 – Turf and Grasses

32 9300 – Plants

DIVISION 33 -- UTILITIES

33 4600 – Subdrainage

END OF SECTION

Invitation to Bidders 000116 - 1

INVITATION TO BIDDERS

Sealed Bids, addressed to Fulshear Lakes, Ltd. on behalf of Fort Bend County Municipal Utility

District No. 216 will be electronically received until 2:00 PM Local Time, Monday, October 5, 2026, and then publicly opened and read at TBG Partners via Microsoft Teams for “Fulshear Lakes

Hillside Sections 5 & 6” (Job No. H25475), for Fulshear Lakes, Ltd. on behalf of Fort Bend County

Municipal Utility District No. 216, Fort Bend County, TX.

To join Microsoft Teams Meeting (to view and share screen and documents):

Link: https://teams.microsoft.com/meet/271325586955277?p=ACyrsqtRbOXCHw1d2j

Meeting ID: 271 325 586 955 277

Passcode: uy36Bb9k

Scope of Work of the Contract includes the following: Sitework, Lighting & Planting

Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held via the Microsoft Teams link below and at the office of TBG Partners on Tuesday, September 22, 2026, at 2:00 PM Local Time, at 1333 W Loop S Suite 1450, Houston, TX 77027.

More information will be provided to prospective bidders prior to the meeting. Contractors can submit questions to the Landscape Architect at that time. Attendance at the pre-bid is not mandatory, but highly recommended.

To join via Microsoft Teams Meeting:

Link: https://teams.microsoft.com/meet/255496118612145?p=A5aZ6EpGLJ7bXQ0rot

Meeting ID: 255 496 118 612 145

Passcode: Vg2JJ75s

Each Bid must be accompanied by a Bid Bond or a certified or cashier’s check, acceptable to the

Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided, and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be obtained from www.CivcastUSA.com, search: Fulshear

Lakes Lakeside Sec 5 & 6. 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 https://teams.microsoft.com/meet/271325586955277?p=ACyrsqtRbOXCHw1d2j https://teams.microsoft.com/meet/255496118612145?p=A5aZ6EpGLJ7bXQ0rot http://www.civcastusa.com/

Invitation to Bidders 000116 - 2 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.

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/or Contract and the Contractor agrees that the Contract can be terminated if the

Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

Certification of Electronic Bidding 003000 - 1

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. 216 (“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: “Fulshear Lakes

Hillside – Section 5 & 6”.

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 9th day of September 2026.

J. Wes Cegelski, Registered Professional Landscape Architect Registration No. 3326

(SEAL)

09/08/2026 e ems at

Instruction to Bidders 002113 - 1

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid shall be submitted, in duplicate, on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these instructions, and the instructions printed on the bid form.

All blanks on the bid form shall be completed, typed, or written in ink, and no change shall be made on the bid form or any other of the Contract Documents. All amounts shall be written in figures, with amounts extended and totaled. Minimum unit prices have been established for certain items shown on the bid. See Paragraph 7 of these instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” shall 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 any of the prices are obviously unbalanced; or if it shall, in any manner, fail to conform to the conditions of the Invitation to Bidders and these

Instructions.

The bidder shall sign its Bid in the signature space. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation shall 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 must be shown below the signature.

The bidder is required to provide evidence of authority to conduct business in the State of Texas and shall be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State

Contractor license number, if any, must also be shown.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is as 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 3 calendar days before the Bid opening. Answers to these requests will be given, in writing, to all bidders as addenda to the Contract, and each addendum will be made a part of the Contract. No explanation or interpretation of the Contract, other than written addenda, shall be binding.

Should a bidder find discrepancies 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, so a written addendum may be sent to all bidders. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Landscape Architect’s office and the office designated to receive the Bids.

Each bidder shall inform itself fully of the construction and labor conditions under which the Work will be performed and shall be presumed to have inspected the Site and to have read and to be

Instruction to Bidders 002113 - 2 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 provision of the

Contract and to complete the Work for the consideration of 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 time and place shown in the Invitation to bidders. Attendance at the pre-bid is not mandatory, but highly recommended.

4. BID SECURITY. Each Bid shall be accompanied by a bid bond or a certified or cashier's check, acceptable to the Owner, in an amount not less than 5 percent of the total amount bid (the

"Bid Security"), as a guarantee that the successful bidder will enter into the Contract and execute the

Bonds on the forms provided and provide the required insurance certificates within ten (10) days after the date Contract Documents are received by the Contractor. Bid Securities will be returned to all but the three 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. The surety company providing a bid bond must conform to the same requirements for surety companies providing the performance bonds, maintenance bonds and/or payment bonds described below.

5. BONDS. The successful bidder must furnish a Performance Bond and a Payment Bond, each in the sum of 100 percent of the Contract Price, from a surety company holding a permit from the

State of Texas to act as surety. Unless otherwise specified, the cost of proving such Bonds shall be included in the bidders 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 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 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 aforementioned requirements, then

Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit the Bid Security.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to complete bid form and upload all required documents to www.civcast.com before the bid opening date and time. A list of required uploads can be found in www.civcast.com. The fact that a Bid and Bid Security were dispatched will not be considered. The Bid and Bid Security must actually be uploaded to be considered.

http://www.civcast.com/ http://www.civcast.com/

Instruction to Bidders 002113 - 3

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 his/her proposal, each bidder is expected to include in his/her 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 and every Technical Specification. If a Contractor 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 Contractor is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether an unnamed manufacturer is an “equal” is to be final. No claims for additional cost, time delay, etc. will be accepted if an unnamed manufacturer is submitted by Contractor as a suggested “equal” and Owner decides the item is not “equal.”

Contractor must submit list of items to be submitted as a suggested “or equal” at time of bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM AND EXTRA UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items as shown in the Bid, 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 shall apply.

These 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 actually constructed and the unit prices entered in the Bid.

9. TIME FOR COMPLETION. Contractor will not be allowed time extensions that are due to

(i) inclement weather (not including Force Majeure); (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 other provision of the Contract

Documents.

10. QUALIFICATION OF BIDDERS. The bidder shall submit to Owner along with the bid form 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 shall be considered in the award of the Contract. Failure to accurately complete the Contractor’s Statement of Qualification or to submit the Statement 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. No other form of Statement of Qualification will be

Instruction to Bidders 002113 - 4 acceptable. 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.

11. 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 to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its Bid and the Bid

Security will be returned. Thereafter, that bidder will be disqualified from further bidding on the

Work to be provided under the Contract Documents.

12. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 ("TEC Form 1295") by Bidders: Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the"

Interested Party Disclosure Act" or the "Act"), the District may not award the contract to a bidder unless the bidder has provided to the District a completed, signed and notarized TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the "TEC").

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC's website, assigned a certificate number, printed, signed and notarized, and provided to the

District. The TEC Form 1295 may accompany the bid or may be submitted separately but must be provided to the District prior to the award of the contract. For purposes of completing the TEC Form

1295, the entity 's name is FORT BEND COUNTY MUD NO. 216; the contract ID number is

H25475; and the description of goods and services is Construction of FULSHEAR LAKES

SECTIONS 5 & 6. Neither the District nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

13. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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 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

Instruction to Bidders 002113 - 5 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 BIDDERS BACKGROUND, CAPABILITIES, PRIOR

EXPERIENCE AND OTHER FACTORS PERTAINING TO BIDDERS PERFORMANCE OF THE

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

PURPOSE, SUBMISSION OF A BID SHALL ACT AS BIDDERS 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: (I) ADMINISTRATION, EVALUATION, OR

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

REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT DOCUMENTS; AND

(III) 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” 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 90 days after the day of the Bid opening.

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 original Bonds and all information or other items necessary to complete the Contract Documents, including the Schedule of Completion and

Contractor’s safety program. The successful bidder must return the fully executed Contract

Documents to Landscape Architect within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the bid and accept another bid and the bidder shall, at Owner’s option, forfeit its bid security.

14. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees and other similar items are part of the cost of the Work and it shall be Contractor’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to the same. The prices, sums, rates and other charges set forth in the Contractor’s Bid shall 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

Instruction to Bidders 002113 - 6 subcontractors to Contractor (i) shall not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) shall pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provision regarding the exemption from Texas Sales and use taxes. Contractor must pay taxes on items that are not exempt.

15. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in a digital format for signature. Owner will furnish the successful bidder one digital set of

Plans and Technical Specifications free of charge, and additional sets may be obtained from

Landscape Architect at Landscape Architect’s reproduction rates. The successful bidder shall provide one signed originals of each of the Bonds in digital format to be included in the final

Contract Documents.

16. WORKER’S COMPENSATION INSURANCE. See section entitled “INSURANCE” in

Special Conditions Part A of the Contract.

17. 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 character of the materials to be encountered.

Owner and Landscape Architect disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner and

Landscape Architect further disclaim responsibility for interpretation of that data by bidder, i.e.

projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or underground facilities.

18. 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 the minimum wage rates which shall be paid for each type of worker. This statute further provides that the Contractor or subcontractors shall 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.

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 the Special

Conditions Part A of the Contract. Contractor and subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

PLEASE READ SPECIAL CONDITIONS OF THE AGREEMENT PART A FOR

INSURANCE REQUIREMENTS.

Proposed Subcontractors Form 004336 - 1

SECTION 00 43 36

PROPOSED SUBCONTRACTORS FORM

Contractor shall list the names and addresses of all sub-contractors with whom he intends to enter into Contracts for the execution of portions of the entire Work under consideration, with his Bid Proposal. No substitutions of sub-contractors shall be made without Company's written permission first having been obtained through the Landscape Architect.

Contractor understands that, if he fails to list a sub-contractor for any portion of the Work, he shall be deemed to have agreed to do such Work with his own forces without the employment of sub-contractors, unless he first obtains Company's written approval through the Landscape Architect.

LIST:

Sub-Contractors

NAME: ____________________________________________________

ADDRESS: _________________________________________________

NAME: ____________________________________________________

END OF SECTION

Contractor’s Statement of Qualifications 004513 - 1

SECTION 00 4513

CONTRACTOR’S STATEMENT OF QUALIFICATIONS

(to be provided within 3 days upon request)

Date of Contractor’s Statement:

Legal Name of Contractor

Individual

Partnership

Joint Venture

Corporation

Other ______________________________________

Address

Telephone ( ) Fax ( )

E-mail:___________________________________________

Federal Identification Number (E.I. or S.S.)

I certify that all information contained in this Contractor’s Statement of Qualification is true, correct, and complete.

By:

Name:

Title:

Contractor’s Statement of Qualifications 004513 - 2

ORGANIZATIONAL BACKGROUND

1. Type of Organization (circle one):

Partnership Corporation Other:

2. Date of Organization/Incorporation:

3. Dunn & Bradstreet Number:

4. Principal place(s) of business:

5. Partners/Principals/Owners (owning 10% or more):

6. Officers:

President

Vice President

Secretary

Treasurer

7. How many years has the business been operating under its present name?

a) Under what other names has the business operated?

b) If the answer to any of the following questions is “Yes”, attach details including a list of creditors amount owed each, amounts repaid, resolution of proceedings, etc.:

i) Has the business ever defaulted, declared bankruptcy, or undergone reorganization pro-cedures?

ii) Has a predecessor of the business defaulted, declared bankruptcy, or undergone reor-ganization procedures?

iii) Are there presently any outstanding claims pending against the business?

iv) Has the business been involved in litigation within the past 5 years or is it currently in-volved in litigation?

CONSTRUCTION EXPERIENCE

1. How many years of experience in construction work has the business had?

As a general contractor

As a subcontractor

2. What types of work does the business normally perform?

Contractor’s Statement of Qualifications 004513 - 3

3. Has the business or any officer of partner of the business ever failed to complete a construction con-tract, forfeited a bid bond/proposal guaranty, had liquidated damages withheld from its total compen-sation due on a contract, or refused to enter into contract for work awarded to it?

If yes, attach details, including name of project, contract amount, type of work, name and address of project engineer, contractor, and owner, when where, and why.

4. Has the business or any officer or partner of the business ever been cited or convicted for violation of any OSHA or State safety law/regulation?

If yes, attach details, including project name, project engineer, owner, when, where, governing agency, and final disposition, of citation or conviction.

5. Attach a list of all projects with construction cost greater than $500,000 that the business has completed within the last 5 years in the local area (beginning with the most current and not to exceed the last ten consecutive jobs). Include the following information:

• Name of Project

• Amount

• Type of Work

• Percentage subcontracted

• Amount subcontracted

• Schedule completion date

• Date completed

• Location (city, county, state)

• Name, address, and telephone number of:

Project Architect or Engineer Contractor (if subcontractor) Owner

6. Attach a list of major construction projects the business has in process. Include the following information:

• Name of Project

• Amount

• Type of Work

• Percentage Completed

• Schedule Completion

• Location (city, county, state)

• Name, address, and telephone number of:

• Project Engineer

• Contractor (if subcontractor)

• Owner

7. Provide resumes and list construction experience of the principal individuals of your organization (include not only officers and principals of the organization, but also field superintendents who will be in charge of the work). Add additional sheets as needed.

8. Name Current Position Years w/Company Years Experience

Contractor’s Statement of Qualifications 004513 - 4

9. Attach a list of subcontractors that are anticipated to perform any portion of the work valued at $50,000 of the total bid or more:

Include the following information:

➢ Name

➢ Address

➢ Work to be done

➢ Percentage of Contract

➢ Estimated amount of Contract

➢ Individuals responsible for work

REFERENCES

1. List all banks with which the contractor has done business during the past 5 years. List the current bank first. Add additional sheets as needed.

Bank Name Address Contact Telephone

2. Provide the following information regarding payment, performance, and maintenance bonds:

a) Name and address of surety company:

Company File Number:

b) Authorized to do business in state?

c) Authorized to issue payment, performance, and maintenance bonds in project state?

d) Maximum amount of bond authorized to issue:

e) Rating (as listed in Best’s Key Guide):

f) Financial size category (as listed in Best’s Key Guide):

3. Name and address of agent and agency (company or partnership for which agent works):

4. Does agent have appointment from insurance company authorizing agent to sign bonds?

5. Attach business financial statements, including most recent income statement and balance sheet. If most recent information available is unaudited, but business has audited statements available for an earlier period, include unaudited as well as audited statements.

Contractor’s Statement of Qualifications 004513 - 5

AUTHORIZATION FOR VERIFICATION AND AFFADAVIT

State of

County of

The undersigned, , being duly sworn, deposes and says that he/she is of (the “Contractor”) and declares that:

1. The Contractor’s Statement of Qualifications (the “Contractor’s Statement”) is given for the express purpose of inducing the Owner to award the Contractor a contract.

2. Any person, depository, agency, or other entity named in the Contractor’s Statement is authorized to supply Owner or its representative with any information necessary to verify statements contained in the Contractor’s Questionnaire.

3. The Contractor’s Statement is a true and accurate statement as of the date of said Contractor’s Questionnaire.

4. The Financial Statements included with the Contractor’s Statement are taken from the Contractor’s financial records and are true and accurate statement of Contractor’s financial condition as of their date.

5. I am authorized to execute this Contractor’s Statement on behalf of the Contractor.

Name:

(print or type)

Sworn and Subscribed before me on this the day of , 20___

Notary Public, State of

END OF SECTION 00 4337

AGR - 1 of 3

AGREEMENT

STATE OF TEXAS }

COUNTY OF FORT BEND}

THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 20___ by and between Fulshear Lakes, Ltd. on behalf of Fort Bend County Municipal Utility District No. 216 (the

“Owner”) 1300 Post Oak Blvd., Suite 2400, Houston, Texas 77056-4078, and __________________, of the City of ________________, County of ___________, and State of Texas, hereinafter termed

“Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General Conditions.

TBG Partners shall be referred to herein as the “Landscape Architect.”

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:

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

Fulshear Lakes Hillside – Section 5 & 6 for

Fulshear Lakes, Ltd. obo

Fort Bend County Municipal Utility District No. 216, Fort Bend County, Texas, according to those particular Plans and Technical Specifications prepared by TBG Partners in the initial Contract Price of $_____________ and all Extra Work in connection therewith, under the terms as stated in the General and Special Conditions of the Agreement, 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, but not limited to, Invitation to Bidders, Instructions to Bidders, General and Special Conditions of the Agreement, 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 Agreement and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within ten (10) calendar days after written Notice to

Proceed has been given by Landscape Architect. 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 includes 90 days maintenance after the date of the written Notice to Proceed.

AGR - 2 of 3

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract

Documents the initial Contract Price of ____________________________________ and ____/100ths

Dollars ($_______________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as approved by Change

Order under the Contract Documents, and to make payments on account thereof as provided therein.

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written.

Fulshear Lakes, Ltd. on behalf of

Fort Bend County Municipal Utility District No. 216

By: Fulshear Lakes GP, LLC

A Texas limited liability company

Sam Yager III, Vice President

The State of Texas

County of Harris

This instrument was acknowledged before me on this the _____ of _______________, 20____, by

_Sam Yager III_, Vice President_ of _Fulshear Lakes,GP, LLC, general partner for Fulshear Lakes , Ltd..

__________________________________ (SEAL)

Notary Public in and for the State of Texas

AGR - 3 of 3

TBD

Contractor

By:

Name:

Title:

The State of Texas

County of ___________

This instrument was acknowledged before me on this the ____ of _______________, 20__, by

______________________, ______________ of ____________________________________.

__________________________________ (SEAL)

Notary Public in and for the State of Texas

(The following to be executed if Contractor is a Corporation)

I, _________________________________, certify that I am the secretary of the Corporation named as

Contractor herein; that _________________________________________________, who signed this

Contract on behalf of Contractor, was then _______________________________

__________________________ of said Corporation; that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Signed:

Corporate Seal

GENERAL CONDITIONS OF THE AGREEMENT

TABLE OF CONTENTS

ARTICLE I. DEFINITIONS

ARTICLE II. CONTRACT DOCUMENTS

ARTICLE III. PRELIMINARY MATTERS

ARTICLE IV. SITE ACCESS/CONDITIONS/ REFERENCE POINTS

ARTICLE V. CONTRACTOR’S RESPONSIBILITIES/INDEMNIFICATION

ARTICLE VI. ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE VII. EXTRA WORK/ CHANGE ORDERS/CLAIMS

ARTICLE VIII. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE IX. PRICE FOR WORK/ PAYMENTS TO CONTRACTOR

ARTICLE X. FINAL COMPLETION AND ACCEPTANCE

ARTICLE XI. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XII. MISCELLANEOUS

INDEX……………………………………………………………………………………………..41

ATTACHMENT A SALES AND USE TAX EXEMPTION CERTIFICATION………………..43

GENERAL CONDITIONS OF THE AGREEMENT

ARTICLE I. DEFINITIONS

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

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

c. Change Order. A document signed by Contractor, Engineer 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.

d. 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.

e. 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.

f. Contract Documents. The Invitation to Bidders, Instructions to Bidders, Bid, Agreement, General Conditions, Special Conditions, 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 Engineer, 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.

g. Contractor. The entity with whom Owner has entered into this Contract.

h. Contractor Parties. The contractor and its subcontractors, suppliers of any tier as well as their respective agents, representatives or employees, or any of them.

i. Contract Price. The amount of money stated in the Agreement 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 Agreement 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.

k. Development Manager. Owner may employ the use of a Development Manager to aide it in achieving the successful performance of the Project.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING

HEREIN, NOR DEVELOPMENT MANAGER’S PRESENCE AT THE PROJECT

SHALL CREATE ANY DUTIES OWED BY DEVELOPMENT MANAGER TO

CONTRACTOR NOR SHALL IT CREATE ANY CAUSES OF ACTION ON

BEHALF OF CONTRACTOR AGAINST DEVELOPMENT MANAGER.

DEVELOPMENT MANAGER DOES NOT HAVE THE AUTHORITY TO

GRANT ANY APPROVALS, INCLUDING CHANGE ORDERS WHICH HEREIN

REQUIRE THE AGREEMENT OF THE OWNER. NOTHING HEREIN SHALL

MAKE CONTRACTOR A THIRD PARTY BENEFICIARY OF THE CONTRACT

BY AND BETWEEN OWNER AND DEVELOPMENT MANAGER.

l. Engineer. The design consultant so identified in the Agreement, or such other firm that Owner may designate, is herein called Engineer and is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

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 Engineer (with the agreement of the Owner) 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 Engineer 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. The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Contaminants, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

r. Indemnified Parties. Owner, Development Manager, Engineer, and their respective boards, officers, managers, members, directors,…