Sanitary Sewer Lift Stations to Serve Keenan Cut Off

(On Behalf of Southeast Regional Management District)

L2 Project No. 11031

Project Manual

Prepared for: KB Home Lonestar, Inc.

1300 W. Sam Houston Pkwy S, Ste. 100

Houston, TX 77082

Prepared by: L Squared Engineering

Texas Firm Reg. No. F-11235

Nickolas Hemann, PE, License No. 129616

3307 W. Davis Street, #100

Conroe, TX 77304

936-647-0420 jfarr Image

00 01 10

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Project Title Page

00 01 10 Table of Contents

00 01 11 Invitation to Bid

00 02 00 Instructions to Bidders (C-200)

00 41 00 Bid Form (C-410)

00 43 00 Bid Bond (C-430)

00 51 00 Notice of Award (C-510)

00 52 00 Form of Agreement (C-520)

00 55 00 Notice to Proceed (C-550)

00 61 00 Performance Bond (C-610)

00 61 50 Payment Bond (C-615)

00 62 00 Contractor’s Application for Payment (C-620)

00 70 00 Standard General Conditions (C-700)

00 80 00 Supplementary Conditions (C-800)

00 80 02 Insurance Requirements

00 94 00 Work Change Directive (C-940)

00 94 10 Change Order (C-941)

00 94 20 Field Order (C-942)

DIVISION 01 – GENERAL REQUIREMENTS

01010 Summary of Work

01070 Cutting and Patching

01300 Submittals

01340 Shop Drawings, Product Data, and Samples

01370 Schedule of Values

01410 Laboratory Services

01420 Field Project Representative Services

01500 Temporary Facilities and Controls

01710 Cleaning and Adjusting

01720 Project Record Documents

015000 Geotechnical Report

00 01 10

DIVISION 2 – SITE WORK

02082 Precast Concrete Manholes

02090 Frames, Grates, Rings, and Covers

02136 Waste Material Handling, Testing, and Disposal

02260 Trench Safety Systems

02316 Excavation Backfill for Structures

02317 Excavation Backfill and Utilities

02320 Utility Backfill Materials

02330 Embankment

02524 Air Release and Vacuum Relief Valves

02533 Acceptance Testing for Sanitary Sewers

02620 Control of Erosion and Erosion Control Structures

02911 Topsoil

02912 Tree, Plant, & Landscape Protection

02921 Hydromulch Seeding

02922 Sodding

DIVISION 3 – CONCRETE

03315 Concrete Construction for Structures

Invitation for Bid: Sanitary Sewer Lift Stations to Serve Keenan Cut Off

On Behalf of Southeast Regional Management District, Montgomery County, Texas

1. L Squared Engineering, on behalf of KB Home Lonestar, Inc., invites bids for

“Sanitary Sewer Lift Stations to Serve Keenan Cut Off on behalf of

Southeast Regional Management District” project, located in Montgomery

County, Texas.

2. Sealed bids will be received via mail or delivery to Nickolas Hemann, PE at L

Squared Engineering, 3307 W Davis Street, #100, Conroe, TX 77304, until 2:00

PM local time on Thursday September 3rd at which time they will be publicly opened.

3. Scope Of Work: The work consists of all necessary items to complete Sanitary

Sewer Lift Stations to Serve Keenan Cut Off (Labella) Development.

4. A non-mandatory pre-bid project conference will be held on Thursday, August

20th, at 2:00 PM at 3307 W. Davis, Suite 100 Conroe, TX 77304. Bidders are welcome to submit questions via email to Nick Hemann, P.E., NHemann@L2Engineering.com. Only questions submitted via email or CivCast will be answered. Any questions submitted after 2:00 PM on Friday, August

28th will not be answered.

5. Site visits are required. Each bidder must visit the location prior to submitting a proposal for a clear understanding of the scope of work. All work is open to the public. Bidding Documents are available on CivCast at https://www.civcastusa.com/publishers/5867869101ec5a3d7c7bf6f7 each bidder is authorized to make two (2) copies or prints as needed for the purposes of bidding, and at their own expense. The documents are not released for construction or modification at this time.

6. The Bidding Documents for this project contain detailed requirements for the qualification of Bidders.

7. Bids shall be prepared as set forth in “INSTRUCTIONS TO BIDDERS,” inclusive of required Bid Bond or Bid Security.

8. Bidders will be required to provide Payment, Maintenance, and Performance

Bonds in accordance with State Law.

9. Bidder will be required to provide a completed, signed, and notarized TEC

Form 1295 complete with a certificate number assigned by the Texas Ethics

Commission (“TEC”), pursuant to Texas Government Code 2252.908 and the rules promulgated thereunder by the TEC.

10. Bidders should be advised that, prior to award of any contract, the Owner reserves the right to conduct a pre-award survey for the purposes of determining the bidder's responsibility and capacity to perform the contract.

Bidder shall be prepared to respond within 24 hours of such a request. This survey may include review of subcontracting agreements, financial capacity, and quality of work performed in other contracts.

11. The bidder shall list all sub-contractors, with their references, that they are anticipating on using for any part of this work.

12. Any questions regarding this IFB should be directed to Nick Hemann, P.E., at nhemann@L2Engineering.com. L Squared Engineering, 3307 W Davis Street, #100, Conroe, TX 77304.

EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

INSTRUCTIONS TO BIDDERS FOR

CONSTRUCTION CONTRACTS

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/

Page iii

SUGGESTED INSTRUCTIONS TO BIDDERS

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Incentives

Article 12 – Substitute and “Or-Equal” Items

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Retainage

Article 24 – Contracts to be Assigned

Article 25 – Partnering

Article 26 – TEXAS ETHICS COMMISSION FORM 1295

Article 27 – PREVAILING WAGE RAGE SCALE

Article 28 –

ARTICLE 1 – DEFINED TERMS

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

Conditions and Supplementary Conditions. Additional terms used in these Instructions to

Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. The issuing office is L Squared Engineering, 3307

W Davis Street, #100, Conroe, TX 77304.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in PDF file format, may be obtained from the Issuing

Office.

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 authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within 7 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

B. Contractor’s Statement of Qualifications. In lieu of contractor’s own format, contractor my ay elect or Engineer may require the following formats: AGC’s “Construction Contractor’s

Qualification Statement for Engineered Construction,” AGC Document No. 220 or

“Contractor’s Statement of Qualifications for a Specific Project,” AGC Document No. 221.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by

Owner to any Bidder on request at a cost of $0.20 per page. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing

Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. Contractor shall independently verify location of underground utilities and report any conflicts to the Engineer prior to commencement of Work.

4.03 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the

General Conditions.

4.05 On 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.

4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding

Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

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

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

Bidding Documents;

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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in

Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and

(2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable

"technical data";

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 required, 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 relates 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

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.

4.08 It will be the Owner’s responsibility to pay for all required testing, but Contractor will be responsible for coordination of times the testing should take place.

4.09 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 A non-mandatory pre-bid conference will be held on Thursday, August 20th at 2:00 PM at 3307

W. Davis Street, Suite 100 Conroe, TX 77304. All questions should be directed toward Nick

Hemann, P.E. at L Squared Engineering. They can be contacted by phone at 936-647-0420, or by email at nhemann@L2Engineering.com.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in 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. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be 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 Bid security made payable to Owner in an amount of not less than 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of

Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, furnished the required contract security and met the other conditions of the

Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of

Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

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

ARTICLE 9 – CONTRACT TIMES

9.01 The times for Substantial Completion and readiness for final payment are to be set forth by

Bidder in the Bid and will be entered into the Agreement (or incorporated therein by reference to the specific language of the Bid).

A. Substantial Completion for is desired within _60_ days. The times will be taken into consideration by Owner during the evaluation of Bids, and it will be necessary for the apparent

Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion and be ready for final payment within the times designated in the Bid.

ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – INCENTIVES

11.01 Contractor and Owner further recognize the Owner will realize financial and other benefits if the

Work is completed prior to the time specified for Substantial Completion. Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall pay Contractor $1,500 for each day prior to the time specified above for Substantial Completion (as duly adjusted pursuant to the Contract) that the Work is substantially complete. The maximum value of the bonus will be limited to $30,000.

ARTICLE 12 – SUBSTITUTE AND “OR-EQUAL” ITEMS

12.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

12.02 If 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 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 Paragraph 6.06 of the

General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from

Engineer.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not

Applicable” may be entered.

13.03 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 and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the

Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 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 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

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

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 Paragraph 11.03 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.

14.02 Completion Time Comparisons

A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the

Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the

Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to L Squared Engineering; Attn.

Nick Hemann, PE; 3307 W Davis Street, #100, Conroe, TX 77304.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened publicly.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the 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 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, 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.

19.02 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.

19.03 In evaluating Bids, Owner will consider 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.

19.04 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.

19.05 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 proposed for those portions of the Work in accordance with the

Contract Documents.

19.06 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 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, 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.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract

Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter or the time stated in the contract documents, whichever is soonest, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to

Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to

Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from TX state sales on behalf of District and use taxes on materials and equipment to be incorporated in the Work.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – CONTRACTS TO BE ASSIGNED

ARTICLE 25 – PARTNERING

ARTICLE 26 – TEXAS ETHICS COMMISSION FORM 1295

26.01 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 Owner may not award the contract to a bidder unless the bidder has provided to the Owner 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 Owner. The TEC Form 1295 may accompany the bid or may be submitted separately but must be provided to the Owner prior to the award of the contract. For the purposes of completing the TEC Form 1295, the entity’s name is

KB Home Lonestar, Inc.; the contract ID number is 11031; and the description goods and services is Sanitary Sewer Lift Stations to Serve Keenan Cut Off On Behalf of Southeast Regional

Management District. Neither the Owner 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.

26.02

ARTICLE 27 – PREVAILING WAGE RAGE SCALE

27.01 Per Chapter 2258 of the Texas Government Code, the minimum wage rates that apply to this

Contract are those shown in the Attachment.

ARTICLE 28 –

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

Contractor shall: (1) preserve all Contracting Information (defined below) in contractor's possession related to this contract as provided by the District's records control schedule

(available upon request, also see https://www.tsl.texas.gov/slrm/localretention) for the duration of the Contract; (2) promptly provide to the District on the District's request any Contracting

Information in contractor's custody or possession; and (3) on completion of the contract, either provide at no cost to the District all Contracting Information related to the contract in contractor's possession, or preserve such Contracting Information as provided by the District's records control schedule. For purposes of this contract, Contracting Information means information related to the contract in contractor's custody or possession, including:

A. Information in a voucher or the contract relating to the receipt or expenditure of public funds by the District;

B. solicitation or bid documents relating to the contract with the District;

C. communications sent between the District and contractor during the solicitation, evaluation, or negotiation of the contract;

D. documents, including bid tabulations, showing the criteria by which, the District evaluated contractor or potential contractors responding to a solicitation and, if applicable, an explanation of why contractor was selected; and

E. communications and other information sent between the District and contractor related to the performance of the contract or work performed thereunder on behalf of the District.

In submitting a bid, bidder and or contractor declares that it has not received from a governmental body a notice of noncompliance with a provision of Subchapter J, Chapter 552, Texas Government Code, or, if such a notice has been received, that bidder and or contractor has taken adequate steps to ensure future compliance with such subchapter and has provided or upon request will provide documentation of same.

https://www.tsl.texas.gov/slrm/localretention

EJCDC C-410 Suggested Bid Form for Construction Contracts

Page 00410-i

SECTION 00 41 00

BID FORM

Sanitary Sewer Lift Stations to Serve Keenan Cut Off

On Behalf of Southeast Regional Management District

L Squared Engineering Project No. 11031

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion (Time will be part of the BID, Please fill in blanks below)

Article 7 – Defined Terms

Article 8 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

KB Home Houston & Dallas c/o L Squared Engineering

3307 W Davis Street, #100

Conroe, TX 77304

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 Bidder acknowledges that all estimated earthwork quantities are shown in Bank Cubic Yards

(BCY). Bank cubic yards is defined as material as it lies in its natural bank state, also known as tight yards.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in

SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous

Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered 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 the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding

Documents.

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by

Engineer is acceptable to Bidder.

1. 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.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following:

SEE ATTACHED BID FORM

5.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that 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.

ARTICLE 6 – TIME OF COMPLETION (TIME WILL BE PART OF THE BID, PLEASE FILL

IN BLANKS BELOW)

6.01 Bidder Agrees The Project will be substantially complete within ____ calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General

Conditions.

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

6.03 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – DEFINED TERMS

7.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

PLEASE SEE FOLLOWING PAGE FOR BID SUBMITTAL

BID SUBMITTAL

8.01 This Bid is submitted by:

If Bidder is:

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability): _______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in Texas is ____/____/____.

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

No. Item Description Qty Unit Unit Cost Line Item Cost

1 Sanitary Sewer Lift Station (180 GPM), including wet well, pumps, basic controls, fencing, piping, valves, site work, control panel with auto dialer, etc. 1 LS

2 Generator, including all basic controls, enclosures, automatic transfer switch, and fuel system, complete in place with all necessary appurtenances. The generator shall be sized to support the full electrical load of the lift station and coordinated with the wet well, pumps, controls, and other components to ensure reliable operation. Installation shall include testing, commissioning, and compliance with all applicable codes and standards. 1 LS

3 Sanitary Sewer Lift Station at WWTP (500 GPM), including wet well, pumps, basic controls, site work, control panel with auto dialer. Emergency power will be supplied from the proposed

WWTP generator provided by others. 1 LS

Subtotal:

Base Bid:

Days to Final Completion:

Days to Subastantial Completion:

A. Sanitary Sewer Lift Stations

Keenan Cutoff Development Sanitary Sewer Lift Station Bid

Form

Job No. 11031

L Squared Engineering

Prepared By: Nick Hemann, PE/Julian Farr, EIT

Updated: July 31, 2026

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER: KB Home Lonestar, Inc.

11314 Richmond Ave., Houston TX 77082

BID

Bid Due Date:

Description: The all-necessary items to complete the Sanitary Sewer Lift Stations to serve the Keenan Cut Off development.

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SECTION 00 51 00

NOTICE OF AWARD

Date: __ _

Project: Sanitary Sewer Lift Stations to Serve Keenan Cut On Behalf of Southeast Regional Management District

Owner: KB Home Lonestar, Inc. Owner's Contract No.:

Contract: Sanitary Sewer Lift Stations to Serve Keenan Cut On Behalf of

Southeast Regional Management District

Engineer's Project No.: 11031-001

Bidder:

Bidder's Address:

S dfsdfdfsdfsdfsdfsdfsdfsdfsdf

You are notified that your Bid dated ______ for the above Contract has been considered. You are the

Successful Bidder and are awarded a Contract for Sanitary Sewer Lift Stations to Serve Keenan Cut Off.

The Contract Price (Awarded Scope: Base Bid) of your Contract is ______ and 3 copies of the proposed

Contract Documents (except Drawings) accompany this Notice of Award.

• 1 set of the Drawings in electronic format will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within 10 days of the date you receive this Notice of Award.

1. Deliver to the Owner 3 fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security Bonds as specified in the

Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary

Conditions (Paragraph SC-5.01).

3. Other conditions precedent: Insurance Certificates naming the Owner and Engineer as additional insurers.

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Name

By:

Authorized Signature

Title Copy to Engineer

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

SEC…