Project Manual - For Bid (1).pdf

CONTRACT DOCUMENTS &

SPECIFICATIONS

FOR

POND B STORMWATER

DETENTION POND FOR

WOODSON’S RESERVE

Project No. 14042725-000-402 Contract No. 001

JULY 2026

14042725-000-402 00001- 1

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR THE CONSTRUCTION OF

POND B STORMWATER DETENTION POND FOR WOODSON’S RESERVE

LOCATED IN

MONTGOMERY COUNTY, TEXAS

PAPE DAWSON PROJECT NO. 14042725-000-402

Seals & Certifications

Pape-Dawson

Texas P.E. Board Firm Registration No. 470

JAMES A. PARKER, P.E.

JULY 2026

The Professional Engineer whose signed and dated seal appears above was in responsible charge of preparing the following sections of the Contract Documents, which are fully identified by Section Number and Title in the TABLE OF CONTENTS:

00410, 01330, 01340, 01350, 01410, 01415, 01500, 01600, 01660, 01710, and Technical Specifications as listed in the Table of Contents.

07/24/2026

Pond B Stormwater Detention Pond for Woodson’s Reserve

TABLE OF CONTENTS

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DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

INVITATION TO BID

LIST OF DRAWING SHEETS

INSTRUCTIONS TO BIDDERS

BID FORM

PROPOSED SUBCONTRACTORS FORM

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

SPECIAL CONDITIONS OF THE AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS – INSURANCE

SUPPLEMENTARY CONDITIONS – GENERAL

ADDITIONAL CONDITIONS

WAGE RATE

DIVISION 01 – GENERAL REQUIREMENTS

01330 SUBMITTALS

01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

01350 CONSTRUCTION SCHEDULE

01410 TESTING LABORATORY SERVICES

01415 OBSERVATION OF CONSTRUCTION

01500 TEMPORARY FACILITIES AND CONTROLS

01600 MATERIALS AND EQUIPMENT

01660 CLEANING AND ADJUSTING

01710 PROJECT RECORD DOCUMENTS

TECHNICAL SPECIFICATIONS

DIVISION 02 – SITE WORK

02105 VEGETATION STRIPPING

02110 CLEARING AND GRUBBING

02111 TREE PROTECTION AND TREATMENT

02112 REMOVAL OF TREES AND STUMPS

02120 STRIPPING, STOCKPILING AND PLACING TOPSOIL

02130 CONSTRUCTION AND MAINTENANCE OF SILT FENCE BARRIERS

02139 CONSTRUCTION AND MAINTENANCE OF EROSION AND SEDIMENTATION CONTROL SYSTEMS

02140 CONTROL OF GROUNDWATER AND SURFACE WATER

02150 STABILIZED CONSTRUCTION EXIT

02160 TRENCH SAFETY SYSTEM

02200 EXCAVATION

02215 EXCAVATING, TRENCHING AND BACKFILLING FOR UTILITIES

TABLE OF CONTENTS (CONTINUED)

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DIVISION 02 – SITE WORK (CONTINUED)

02314 EARTHWORK FOR UTILITIES

02321 CEMENT STABILIZED SAND

02340 COMPACTED FILL

02715 MANHOLES

02720 STORM SEWER FACILITIES

02763 ADJUSTING MANHOLES AND INLETS

02915 TURF ESTABLISHMENT

02916 BROADCAST SEEDING

APPENDIX – FORMS SPECIFIED IN THE CONTRACT

TEXAS CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

TEXAS CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

TEXAS UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

TEXAS UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

AFFIDAVIT OF BILLS PAID

Notes:

A. The General Conditions of this Contract is the Engineers Joint Contract Documents Committee (EJCDC) Document C-700 "Standard General Conditions of the Construction Contract", 2018 Edition, hereinafter referred to as the "General Conditions".

B. If a discrepancy occurs between the Technical Specifications in these Contract Documents and the technical specifications of the jurisdiction where the Work is being performed, the more stringent shall take precedence.

* END *

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SECTION 00100

INVITATION TO BIDDERS

OWNER Montgomery County Municipal Utility District No. 152B c/o Schwartz, Page & Harding, LLP 1300 Post Oak Boulevard, Suite 2400 Houston, TX 77056

ENGINEER Pape-Dawson 2107 CityWest Blvd., 3rd Floor Houston, Texas 77042 Attn: James A. Parker, P.E.

Telephone: 713-428-2400

PROJECT/WORK Pond B Stormwater Detention Pond for Woodson’s Reserve

BID OPENING TIME Wednesday, August 12, 2026 @ 10:30 a.m.

Sealed electronic bids, addressed to Montgomery County MUD No. 152B will be electronically received on the CivCastUSA Website (www.CivCastUSA.com) until 10:30 a.m. local time, Wednesday, August 12, 2026 and the Apparent Low Bidders will be automatically generated and posted on the CivCastUSA Website for construction of Pond B Stormwater Detention Pond for Woodson’s Reserve for Montgomery County MUD No. 152B (Pape-Dawson Project Number:

14042725-000-402). A pre-bid conference will not be held for this project. Plans, specifications and bid documents may be viewed and downloaded free of charge (with the option to purchase hard copies) at the CivCastUSA Website. Reproduction charges will apply according to CivCastUSA rates.

The Owner reserves the right to reject any or all PROPOSALS and to waive irregularities in the bidding. In case of ambiguity or lack of clearness in stating the prices in the PROPOSAL, the Owner reserves the right to consider the most advantageous construction thereof or to reject the

PROPOSAL.

– END OF SECTION –

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SECTION 00115

LIST OF DRAWING SHEETS

SHEET

DESCRIPTION NO.

COVER SHEET 1

CONSTRUCTION NOTES AND DETAILS 2

OVERALL LAYOUT 3

EXCAVATION LAYOUT 4

CROSS SECTIONS 5

PLAN & PROFILE – OUTFALL 3 6

STORMWATER POLLUTION PREVENTION PLAN

STORMWATER POLLUTION PREVENTION PLAN DETAILS

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SECTION 00200

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the Standard General

Conditions of the Construction Contract (General Conditions) and the Supplementary Conditions.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Bidding Documents may be viewed and downloaded free of charge (with the option to purchase hard copies) at the CivCastUSA Website (www.CivCastUSA.com). Reproduction charges may apply according to CivCastUSA rates.

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

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 When requested by either the Owner or Engineer, the apparent most qualified, responsible bidder must submit to Owner, within 5 days of notification of award of the Contract, 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 qualifications or to timely submit the statement of qualifications will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualifications is available from the Engineer upon request.

Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualifications if the bidder’s statement of qualifications is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, as applicable, must also be provided and is a consideration in the award of the Contract.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS AND SITE

4.01 Provisions concerning subsurface conditions and other physical conditions, Underground

Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Articles 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning any potentially Hazardous Environmental Conditions at the Site and possible

14042725-000-402 00200 - 2 changes in the Contract Documents due to any such conditions uncovered or revealed at the Site appear in Article 5.06 of the General Conditions.

4.02 Upon request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

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

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all (if available): (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), and (2) reports and drawings of Hazardous Environmental Conditions at the Site;

E. consider the information known to Bidder; information commonly known to

Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

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

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

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

4.04 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 There will be no pre-bid conference for this project.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes to existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer in writing online to the www.CivCastUSA.com system or website. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, through the www.CivCastUSA.com website. Questions will be received up to 72 hours prior to the time and date for opening of Bids. Addenda, if issued, will be provided 48 hours prior to the time and date for opening bids. No explanation or interpretation of the Contract Documents, other than written addenda, is binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by a Bid security made payable to Owner. The Bid security required is an amount of 10% if the Bidder’s maximum Bid price is less than $250,000. The Bid security required is an amount of 5% if the Bidder’s maximum Bid price is $250,000 or more. The Bid security shall be in the form of a Bid bond issued by a surety meeting the requirements of Articles

6.01 and 6.02 of the General Conditions. CASHIER CHECKS WILL NOT BE ACCEPTED.

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8.02 The Bid security is a guarantee that the successful bidder will enter into the Contract within 9 days and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within 5 days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the 3 most qualified, responsible bidders within 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 the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next lowest qualified bidder.

8.03 The Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which (Milestones are to be achieved and) the Work is to be completed and ready for final payment are set forth in the Agreement (Section 00520). All bidders submitting a Bid must accept the Contract Times as a requirement to the Contract Documents.

ARTICLE 10 – ECONOMIC DISINCENTIVES

10.01 Provisions for economic disincentives, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be based on materials and equipment specified or described in the

Bidding Documents. 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 or another manufacturer, but to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of the completed Bid Form. In preparing his Bid, the Bidder is expected to include the cost of the item so specified. A Bidder wishing to offer substitute items of equipment or materials for those specified is invited to do so by written request to Engineer explaining the substitutions and any cost savings that would result if the substitute item were accepted by the Owner. Each such request shall conform to the requirements of Article 7.05 and

7.06 of the General Conditions. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder.

The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. In some cases, approval of substitute or “or equal” items will be set forth in an Addendum issued to all prospective Bidders.

ARTICLE 12 – PREVAILING WAGE RATE SCALE

12.01 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 like 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

14042725-000-402 00200 - 5 that the CONTRACTOR or subcontractors shall pay a penalty to the OWNER sixty dollars 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.

12.02 The OWNER is authorized to withhold from the CONTRACTOR the amount of this penalty from any payment due under the Contract.

12.03 The statute also requires that the CONTRACTOR and subcontractors keep an accurate record of the names and occupations of all persons employed by them in the construction of the Project and to show the actual per diem wages paid to each Worker. These records shall be open to the inspection of the OWNER.

12.04 The minimum wage rates that apply to this Contract are specified in the attachment hereto.

CONTRACTOR and subcontractors shall review and ascertain such wage rates and pay at least such minimum rates.

ARTICLE 13 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within 5 days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

13.02 If the apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make the requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Article 7.07 of the General Conditions.

ARTICLE 14 – PREPARATION OF BID

14.01 The Bid Form is included with the Bidding Documents.

14.02 All blanks on the electronic Bid Form shall be completed. Section 004100 shall also be completed and uploaded to the www.CivCastUSA.com website. Discrepancies between the unit

14042725-000-402 00200 - 6 prices in the electronic Bid Form and the unit prices in Section 00410 will be resolved in favor of the unit prices in the electronic Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. If no amount is to be included, zeroes or the words “No Bid,” “No Change,” or “Not Applicable” shall be entered in the spaces. No segregated bids or assignments will be considered. Unbalanced bids may be rejected. 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.

14.03 A Bid by a CORPORATION shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign). The corporate seal shall be affixed in the space provided and attested by the secretary or assistant secretary of the corporation. The official address of the corporation shall be shown.

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

(whose title must appear under the signature). The official address of the partnership shall be shown.

14.05 A Bid by a LIMITED LIABILITY COMPANY shall be executed in the name of the firm by a member authorized to sign. The official address of the firm shall be shown.

14.06 A Bid by an INDIVIDUAL shall be executed by the individual with the individual’s name and official address.

14.07 A Bid by a JOINT VENTURE shall be executed by each joint venturer. The official address of the joint venture shall be shown.

14.08 All names shall be typed or printed in ink below the signatures.

14.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. Any bids not showing all Addenda may be rejected.

14.10 Postal and email addresses and telephone number for communications regarding the Bid shall be shown.

14.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state Contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 15 – BASIS OF BID

15.01 Unit Price

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

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B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Article 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 13.02 of the General Conditions.

15.03 The Bid Form may include Supplemental Items that may be required to complete the Work. If minimum unit prices have been established for Supplemental Items shown on the Bid Form, the bidder may not bid a unit price less than the minimum; however, he may increase the unit price.

If maximum unit prices have been established for Supplemental Items shown on the Bid Form, the bidder may not bid a unit price more than the maximum; however, he may decrease the unit price. When Work covered by Supplemental Items is requested by the Owner or Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and the unit prices in the Bid Form. Award of the Contract will be based on the total amount bid, which may include selected Supplemental and Alternate Bid Items (See Article 22.02 below).

ARTICLE 16 – SUBMITTAL OF BID

16.01 Bids shall be completed electronically on the www.CivCastUSA.com website on the Bid Form provided.

16.02 Bids shall be submitted electronically to the www.CivCastUSA.com website no later than the date and time prescribed in the Advertisement or Invitation to Bid.

16.03 An acceptable Bid shall include the completed on-line Bid Form and any other documents that are required to be uploaded to the www.CivCastUSA.com website. The Bid security is a required upload. Other required uploads may include Section 00410 Bid Form, the List of Subcontractors and the List of Substitutions.

16.04 It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Instructions to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

ARTICLE 17 – MODIFICATION AND WITHDRAWAL OF BID

17.01 A Bid 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 prior to the date and time for the opening of Bids.

17.02 If within 24 hours after Bids are received, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a

14042725-000-402 00200 - 8 material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

ARTICLE 18 – OPENING OF BIDS

18.01 Bids will be opened electronically on www.CivCastUSA.com at the time indicated in the

Advertisement or Invitation to Bid and read aloud publicly via a Microsoft Teams Meeting. See Section 00100 Invitation to Bid or the Advertisement for the Teams Meeting telephone no. and meeting ID. The “Apparent Low Bidders” will be automatically generated and posted on the www.CivCastUSA.com website for furnishing all plant, labor, material and equipment and performing all work required for the Project.

ARTICLE 19 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.01 All Bids will remain subject to acceptance for the period stated in Section 00410 Bid Form, but

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

ARTICLE 20 – HOUSE BILL 1295.

20.01 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 Section2252.908(c)(4), the District may not award the contract to a bidder unless the bidder has provided to the District a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the 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 Montgomery County Municipal Utility District No. 152B; the contract ID number is 14042727-000-402; and the description of goods and services is Pond C Stormwater Detention Pond for Woodson’s Reserve. Neither the District nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

ARTICLE 21 – CONFLICTS OF INTEREST

21.01 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (“Chapter 176”) mandates the disclosure of certain items by contractors doing business with or proposing to do business with local government entities, including municipal utility districts, road utility districts, road improvement districts, levee improvement districts, drainage districts, water control and improvement districts, bayou improvement districts, regional water authorities, fresh water supply districts, management districts, tax increment reinvestment zones, development authorities, etc.

21.02 Bidders should review Chapter 176 with their attorney and, if required, Bidder shall provide

14042725-000-402 00200 - 9 the TEC completed FORM CIQ with their Bid. The following is a list of the Board of Directors of Owner to facilitate Bidder’s compliance with Chapter 176.

Board of Directors Montgomery County Municipal Utility District No. 152B

President Kevin Hassenflu Vice-President Leslie Bonner Secretary Jeff Corbett Assistant Secretary Marco Galgo Assistant Secretary Heather Larson

ARTICLE 22 – AWARD OF CONTRACT

22.01 Owner reserves the right to reject any or all Bids, including without limitation, non-conforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

22.02 The Owner reserves the right to award the project based on any combination of items in the Bid

Form.

22.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

22.04 In evaluating Bids, Owner will consider whether 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.

22.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

22.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

22.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 23 – CONTRACT SECURITY AND INSURANCE

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23.01 Article 6 of the General Conditions, and as modified by Section 00750 Supplementary Conditions

- Insurance, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds and a Certificate of Insurance.

ARTICLE 24 – SIGNING OF AGREEMENT

24.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Construction Plans.

ARTICLE 25 – SALES AND USE TAXES

25.01 Provisions concerning state sales and use taxes are set forth in the Supplementary Conditions.

ARTICLE 26 – RETAINAGE

26.01 Provisions concerning retainage are set forth in the Agreement.

ARTICLE 27 – WORKERS’ COMPENSATION INSURANCE COVERAGE

27.01 Provisions concerning workers’ compensation insurance coverage are set forth in Section 00750

Supplementary Conditions - Insurance.

- END OF SECTION –

POND B STORMWATER DETENTION POND

FOR:

for Woodson's Reserve

DATE:

SUBMITTED BY:

Bidding Firm's Full Name

Address

City, State Zip

Phone Number

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

Addendum No. ______ Dated _____________ Addendum No. ______ Dated _____________

SECTION 00410

BID FORM

Pond B Stormwater Detention Pond for Woodson's Reserve

Having received and carefully examined the Bidding Documents, the other related data identified in the Bidding Documents, the Project Site, and the Addenda listed in the following table, I, the Undersigned submit this Bid Form.

Montgomery County Municipal Utility District No. 152B c/o Pape-Dawson Consulting Engineers, LLC ATTN: Mr. James A. Parker, P.E.

2107 CityWest Blvd, 3rd Flr Houston, Texas 77042

Located in Montgomery County MUD No. 152B

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(1)

(2)

(3)

(4)

(5)

(6)

I acknowledge that:

(1)

(2) (3) (4)

(5)

(6)

Furthermore, I certify that:

(1)

(2)

(3) (4) (5) to accept all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security;

this Bid is made without collusion involving any other person, group, partnership, or corporation;

the amounts given in this Bid have been carefully checked and are submitted as correct and final; and the Contractor's Statement of Qualifications has been completed true and accurate and is included with this Bid.

no other individuals or entities have been solicited or induced to refrain from bidding or to submit a false Bid;

that this Bid will be open to acceptance and is irrevocable for 60 calendar days from the Bid closing date.

that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted;

For the performance of the Work, the enclosed amounts are bid. The unit prices and extended totals on the following pages are written in figures with the unit prices prevailing in the event of any discrepancies. In submitting this Bid Form, I agree:

to enter into and execute the Agreement within 9 calendar days of receipt of Notice of Award or acceptance of this Bid and to furnish the required bonds and a certificate of insurance within 5 calendar days of receipt of Notice of Award or acceptance of this Bid;

to accomplish the Work in accordance with the Contract Documents by furnishing all materials, equipment, and labor for proper construction and completion of the Work; and to the Contract Times as specified in the Agreement.

the estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price bid items will be based on actual quantities, determined as provided in the Contract Documents;

that the Owner reserves the right to award any combination of the items in the Bid Form;

the Owner reserves the right to reject any and all Bids;

the Owner reserves the right to reject any or all proposals and to waive irregularities in the bidding.

In case of ambiguity or lack of clearness in stating the prices in the proposal, the Owner reserves the right to consider the most advantageous construction thereof or to reject the proposal;

the total Contract Price may be increased or decreased or the total Contract Time reduced or extended to compensate for changes in the Work as ordered by the Owner; and this Bid is genuine, and the only person or parties associated with or having an interest in this Bid as principals are those named herein;

The Undersigned hereby declares that he has visited the site and has carefully examined the Site Conditions, Drawings, Specifications, Contract Documents, and Bidding Documents related to the work covered by his Bid.

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Bidder: Witness:

By:

Title:

Address:

Phone:

E-Mail:

Bonds on Behalf of Corporate Surety:

[Corporate Seal]

Performance, Payment and Maintenance Bonds will be issued by (Name of Corporate Surety):

Name and Address of Local Agency for Corporate Surety:

Phone Number:

Name of Person(s) Executing

E-Mail:

Name of Insurance Agency:

Phone Number:

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BASE BID ITEMS:

POND B ITEMS:

Pond B Items Subtotal $

Miscellaneous Items Subtotal $

Supplemental Items Subtotal $

CONTRACT TIME:

Pond B Stormwater Detention Pond for Woodson's Reserve Total:

We will achieve Substantial Completion of the Work in _______ calendar days (120 days maximum) and achieve Final Completion of the Work in _______ (135 days maximum) from the Notice to Proceed.

Completion time includes ________ calendar days (15 days minimum) for adverse weather conditions, and we acknowledge that time is of the essence to Owner and additional adverse weather days will not be granted.

BID SUMMARY

Pond B Stormwater Detention Pond for Woodson's Reserve

PROJECT NO. 14042725-000-402

Located in Montgomery County MUD No. 152B

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Pond B Stormwater Detention Pond for Woodson's Reserve

Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

1 Excavation of Detention Basin, Including Uniform Shaping of Excavated Side Slopes to Lines and Grades as Shown on the Plans, Complete in Accordance with Plans and Specifications

Cubic Yard

7,200

2 Spread and Compact Detention Basin

Excavation Spoils Within Pond B Area Shown in the Construction Plans, Including Onsite Hauling, and Uniformly Spreading, Shaping, Grading, Compacting and Proof Rolling Spoil Material.

Cubic Yard

7,200

3 Import and Placement of Fill Material with P.I.

between 8 & 20 for proposed Pond Embankment.

Cubic Yard

12,800

4 Maintenance of Existing Access Road LS 1 $ $ 5 6" Pump to Pump Surface Water, Set-up and

Stand-by Cost Week 8

6 6" Pump Operation Day 60 $ $ 7 On-Site Treatment of Lake Bottom with

Sodium Bentonite or Approved Equal within Pond "C"

SY 74,527

8 Sodium Bentonite or Approved Equal Ton 1,341 $ $ 9 18-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 185

10 24-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 20

11 36-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 20

12 42-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 20

13 54-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 10

14 60-Inch Reinforced Concrete Pipe (RCP), C76, Class III, With Rubber Gasket Joints, All Depths, Complete in Place

LF 310

15 Type "E" Inlet, All Depths, Complete in Place Each 1 $ $ 16 Type "C" Manhole for 48-Inch to 72-Inch Pipe, All Depths, Complete in Place Each 2

17 Adjust Existing 24" Outfall Flush with Slope.

Contractor to Remove Excess Pipe. (Slope Paving Under Separate Pay Item)

Each 1

Pond B Items

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Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

18 Brick Plug for 24" RCP Storm Sewer Each 2 $ $ 19 Brick Plug for 36" RCP Storm Sewer Each 2 $ $ 20 Brick Plug for 42" RCP Storm Sewer Each 2 $ $ 21 Brick Plug for 54" RCP Storm Sewer Each 1 $ $ 22 5" Thick Concrete Slope Paving, Complete and in-place

SY 7,412

23 18" Concrete Riprap with "Mirafi-600", or

Approved Equal, Woven Filter Fabric, Complete in Place

SY 1,086

24 Trench Safety System Greater Than 5-Feet, Complete in Place

LF 565

25 Move-in and Start-up as Required to Begin Construction

Lump Sum

26 Performance and Payment Bonds for 100

Percent (100%) of the Contract Amount Lump Sum

27 Control and Construction Staking for Pond "B"

Excavation and Mass Grading; Staking to be Inclusive of All Items Required for Construction; to be Provided by Engineer, Complete in Place

Lump Sum

$ 12,500.00 $ 12,500.00 28 As-Built Survey of Pond and Mass Grading;

Elevations to be Conducted Upon Completion of the Project; to be Provided by the Engineer, Complete in Place

Lump Sum

$ 7,000.00 $ 7,000.00 29 General Control and Construction Staking for

Construction when Required and Approved by Owner or Engineer; To be Provided by the Engineer

Lump Sum

$ 4,500.00 $ 4,500.00

Miscellaneous Items

Miscellaneous Items Subtotal $

Pond B Items Subtotal $

Pond B Items (Continued)

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Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

30 Strip and Replace Topsoil on Fill Sites AC 0.5 $ $ 31 Clearing and Grubbing for Lightly/Heavy

Vegetated Areas (Unusable Cleared Material to be Chipped and Hauled Offsite), to Prepare for Placement of Fill; to Include Stripping and Site Preparation of Sparsely Vegetated Areas (Suitable Stripped Material to be Stockpiled), in Accordance With the Specifications, Complete in Place

AC 0.5

32 Spread and Compact Detention Basin

Excavation Spoils Within Mass Grading Area, Including Proof Rolling, Interim Drainage (Including Cutting Swales to Provide Positive Drainage), Onsite Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material as Directed by Engineer and When Authorized by Owner, Complete in Place. Includes a Haul Distance of up to ± 0.75 Miles (Off-Road)

Cubic Yard

33 Spread and Compact Detention Basin

Excavation Spoils Within Mass Grading Area, Including Proof Rolling, Interim Drainage (Including Cutting Swales to Provide Positive Drainage), Onsite Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material as Directed by Engineer and When Authorized by Owner, Complete in Place. Includes a Haul Distance of 0.75 Miles to 1.50 Miles (Off-Road)

Cubic Yard

34 Spread and Compact Detention Basin

Excavation Spoils Within Mass Grading Area, Including Proof Rolling, Interim Drainage (Including Cutting Swales to Provide Positive Drainage), Onsite Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material as Directed by Engineer and When Authorized by Owner, Complete in Place. Includes all fill sites With Haul Distances Between 1.50 and 2.00 Miles (On-Road)

Cubic Yard

35 Continuous Street Cleaning During Haul

Operations.

Week 4

Supplemental Items

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Item No. Item Description Unit Approx.

Quantity

Unit Price Total Amount

36 Spread and Compact Utility Spoils Onsite as Shown in the Construction Plans; Includes Proof Rolling, Interim Drainage (Includes Cutting Swales to Provide Positive Drainage);

Onsite Hauling, and Uniformly Spreading, Shaping, Grading, and Compacting Spoil Material, As Directed by Engineer, Complete in Place

Cubic Yard

1,218

37 Over-Excavation of Unsuitable Surface

Material to Allow for Placement of Fill, When Required by Field Conditions, to Include Placement of Over-Excavated Material, As Directed by Engineer and When Authorized by Owner, Complete in Place

Cubic Yard

38 Turf Establishment by Broadcast Seeding

(Pond High Bank) Acre 1.0

39 Turf Establishment by Broadcast Seeding (Fill

Sites) Acre 1.0

40 Turf Establishment by Hydromulch Seeding

(Pond Slopes) Acre 1.0

END OF BID FORM

Pond B Stormwater Detention Pond for Woodson's Reserve Total

Supplemental Items Subtotal $

Supplemental Items

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SECTION 04336

PROPOSED SUBCONTRACTORS FORM

PARTICULARS

1.01 Herewith is the list of proposed Subcontractors referenced in the Bid submitted by:

1.02 (Bidder)

1.03 To (Owner) Montgomery County Municipal Utility District No. 152B.

1.04 Dated and which is an integral part of the Bid Form.

1.05 The following Work is proposed to be performed (or provided) by Subcontractors and coordinated by us:

LIST OF SUBCONTRACTORS

2.01 WORK SUBJECT – SUBCONTRACTOR NAME

2.02

2.03

2.04

2.05

2.06

2.07

2.08

2.09

2.10

2.11

2.12

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AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT, dated the ____day of _____________________, ______, is by and between MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152B (hereinafter called Owner) and ___________________________ (hereinafter called Contractor).

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

ARTICLE 1 - WORK

1.01 Contractor shall commence and complete the Work according to the Construction Plans and

Technical Specifications prepared by Pape-Dawson Engineers for the Initial Contract Price of _______ ($ ). The Work is generally described as follows:

A. Under this Contract, 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 Project Manual 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.

B. Work, in general, under this Contract consists of furnishing, installing, and constructing all structures, equipment, and materials, including appurtenances, as indicated on the Plans.

C. Contractor is employed by Owner as an independent contractor to perform the Work.

Contractor represents and warrants that, to the extent required by “Law” (as defined in Paragraph 7.11 of the General Conditions) in connection with the performance of the Work, Contractor is duly licensed to perform the Work under the Laws of the State in which the Project is located (“Texas”) and that Contractor’s license number, if applicable, is set forth on the signature page of this Subcontract.

ARTICLE 2 - PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

POND B STORMWATER DETENTION POND FOR WOODSON’S RESERVE, MONTGOMERY COUNTY

MUD NO. 152B IN MONTGOMERY COUNTY, TEXAS – P-D JOB NO. 14042725-000, TASK 402

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by PAPE-DAWSON ENGINEERS [(hereinafter called Engineer)]

(Pape-Dawson Engineers shall hereinafter be called Engineer), who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned

14042725-000-402 00520 - 2 to Engineer in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time is of Material Importance

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of material importance to the Owner.

4.02 Days to Achieve Project Completion

A. We will achieve Substantial Completion of the Work in __ calendar days (120 days maximum) and achieve Final Completion of the Work in __ (135 days maximum) from the Notice to Proceed.

4.03 Economic Disincentives

A. The Contractor and the Owner agree that time is of the essence of this Contract. The

Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $1,500 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

ARTICLE 4 - CONTRACT PRICE

5.01 Owner will pay Contractor for completion of the Work in accordance with the Contract

Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A below:

A. For all Work, at the prices stated in Contractor’s Bid, Section 00410 Bid Form.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

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6.02 Progress Payments; Retainage

A. Owner will make progress payments on account of the Contract Price based on Contractor’s

Applications for Payment during performance of the Work and prior to Substantial Completion. Payments will be made by the Owner as specified in Article 15.01.D.1. of the General Conditions. All such payments will be measured by the schedule of values established as provided in Article 2.03.A. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values as provided in the General Requirements.