Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 6330 West Loop South, Suite 150 Bellaire, TX 77401 713.777.5337

FOR BID PURPOSES ONLY.

NOT FOR CONSTRUCTION

7/16/2026

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

ASHLAND PHASE 2 DETENTION & MASS GRADING

FOR

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No. 82

IN

BRAZORIA COUNTY, TEXAS

JULY 2026

Quiddity Job No. 16759-0034-01

Texas Board of Professional Engineers and Land Surveyors Registration Nos. F-23290 & 10046100

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

ASHLAND PHASE 2 DETENTION & MASS GRADING

FOR

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82

IN

BRAZORIA COUNTY, TEXAS

TABLE OF CONTENTS

BIDDING REQUIREMENTS Page No.

Invitation to Bid .......................................................................................................... A-1

Instruction to Bidders................................................................................................. A-2

Bid Form .................................................................................................................... A-6

CONDITIONS OF THE CONTRACT

Contract ..................................................................................................................... C -1

Exhibit A .................................................................................................................... CA -1

Maintenance Bond .................................................................................................... MB - 1

Payment Bond ........................................................................................................... PBA - 1

Performance Bond .................................................................................................... PBB - 1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work ..................................................................................................... 01010-1

Cutting and Patching ................................................................................................. 01070-1

Submittals ................................................................................................................. 01300-1

Construction Progress Schedule ............................................................................... 01330-1

Shop Drawings, Products Data and Samples ............................................................ 01340-1

Schedule of Values .................................................................................................... 01370-1

Laboratory Services ................................................................................................... 01410-1

Field Project Representatives Services ..................................................................... 01420-1

Construction Staking ................................................................................................. 01430-1

Temporary Facilities and Controls ............................................................................ 01500-1

Cleaning and Adjusting .............................................................................................. 01710-1

Project Record Documents ....................................................................................... 01720-1

DIVISION 2 - SITE WORK

Trimming .................................................................................................................... 02103-1

Clearing and Grubbing ............................................................................................... 02104-1

Embankment .............................................................................................................. 02212-1

Excavation, Trenching and Backfilling for Utilities .................................................... 02220-1

Cement Sand Backfill ................................................................................................. 02221-1

Structural Excavation and Backfilling ......................................................................... 02222-1

Trenchless Construction ............................................................................................. 02224-1

Channel Excavation .................................................................................................... 02225-1

Trench Safety System ................................................................................................ 02226-1

Waste Material Disposal ........................................................................................... 02227-1

Rip-Rap ....................................................................................................................... 02228-1

Grading and Compaction of Subgrade ....................................................................... 02230-1

Storm Sewers ............................................................................................................ 02500-1

Concrete Drainage Structures .................................................................................... 02513-1

Manholes ................................................................................................................... 02514-1

Concrete Construction for Structures ........................................................................ 02515-1

Dewatering and Drainage of Excavation ................................................................... 02530-1

Well Point System ...................................................................................................... 02600-1

Control of Erosion & Erosion Control Structures ....................................................... 02360-1

Concrete Slope Paving ............................................................................................... 02650-1

Hydro-Mulch Seeding ................................................................................................. 02800-1

Seeding ....................................................................................................................... 02805-1

Channel Lock II ........................................................................................................... …….CL-1

Pipeline and Well Remediation Work ........................................................................ 02807-1

DIVISION 3 – CONCRETE

Concrete Formwork ................................................................................................... 03100-1

Concrete Joints and Embedded Items ....................................................................... 03150-1

Concrete Reinforcement ............................................................................................ 03200-1

Cast -in-Place Concrete .............................................................................................. 03300-1

Grouting ..................................................................................................................... 03350-1

GEOTECHNICAL REPORT – Report of Geotechnical Consulting Services, Phase I Angleton Tract, Approx.

510 Acres of Single Family Residential Land Development, Project Infrastructure Study, Angleton, Brazoria County, Texas

Prepared by Tolunay-Wong Engineers, Inc.

June 6, 2022

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82 INVITATION TO BIDDERS

A-1

Date: July 2026

INVITATION TO BIDDERS

Sealed Bids, in duplicate, addressed to Brazoria County Municipal Utility District No. 82, Attention Mr.

Shaun Vembutty will be received electronically, until 10:30 a.m. Local Time, Friday, July 24th, 2026, and then publicly opened and read for “Construction of Ashland Phase 2 Detention & Mass Grading for Brazoria County Municipal Utility District No. 82, Brazoria County, Texas.” Scope of Work of the Contract includes Detention Ponds for Ashland Phase 2 Detention & Mass Grading.

The bids will only be received electronically bid through CivcastUSA. The electronic bids will be publicly opened and read via conference call. Physical bids will not be accepted. People who want to attend the bid opening must do so by telephone. Below is the contact information to attend the bid opening by teleconference.

+1 832-856-3756 United States, Houston Phone Conference ID: 186 479 470#

Bids received after the closing time will be returned unopened. A NON-MANDATORY pre-bid conference will be held on Friday, July 17th, 2026, at 10:30 a.m. Local Time, via teleconference call. Below is the contact information to attend the pre-bid by teleconference.

+1 832-856-3756 United States, Houston Phone Conference ID: 689 739 379#

Each Bid must be accompanied by a Bid Bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided, and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the

Contractor.

Copies of the bidding documents may be obtained from www.CivcastUSA.com: search Ashland Phase 2 Detention & Mass Grading. Bidders must register on this website to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

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

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

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82

http://www.civcastusa.com/

A - 2

INSTRUCTION TO BIDDERS

1.0 INVITATION

A. The Work. Sealed bids are invited on a general contract for construction of ASHLAND PHASE 2 DETENTION

& MASS GRADING.

B. The Owner.

Brazoria County Municipal Utility District No. 82 c/o The Muller Law Group, PLLC 202 Century Square Boulevard Sugar Land, Texas 77478 Attention: Mr. Richard Muller Telephone: (281) 500-6050

C. The Engineer.

Quiddity Engineering, LLC 101 E Old Settlers Blvd, Suite 280 Round Rock, Texas 78665 Attention: Mr. Paul Choi, PE Telephone: (512) 685-5147

2.0 RECEIPT OF BIDS

A. Bids will be received until 10:30 A.M., July 24th, 2026, electronically via CivcastUSA.

B. Bids received after this time will not be opened and will be delivered to the Owner for its consideration.

C. There will be a pre-bid conference held virtually via MS Teams on July 17th, 2026, at 10:30 a.m. Attendance is not mandatory. Call in information for the pre-bid and bid opening is within the Invitation to Bidders.

D. Bid opening will be held immediately after the time for receipt of bids has expired.

E. Bids will be opened publicly and read aloud. All interested parties are invited to attend.

3.0 BIDDING DOCUMENTS

A. Bidding documents include all documents available during the bidding period, including the Invitation to

Bid, Instruction to Bidders, Bid Form, General and Special Conditions of the Contract, Standard Form of Agreement, Technical Specifications, Drawings, Geotechnical Report, and Addenda, if any.

B. Documents required to be submitted on www.civcastusa.com as part of an official bid, include: Bid Form, Bid Security, and Certificate of Interested Parties Form 1295.

C. Bidding documents are available at www.civcastusa.com may be examined by appointment at the office of the Engineer.

4.0 SEPARATED CONTRACT PROVISIONS

A. Contractor must abide by all state and local laws regulating sales tax exemption for work being performed for tax exempt entities. Provisions are provided in Section 5.03 of the Special Conditions.

B. Contractor is responsible for obtaining all permits required by the work at no additional cost to the Owner, A - 3 except as may specifically be exempted in the Special Conditions.

5.0 EXAMINATION

A. Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done.

B. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site.

C. Adjusting payments will not be authorized for work that could have been foreseen by a careful examination of the site.

D. Submission of a bid constitutes acceptance by the bidder of existing site conditions as a part of the requirements of this work.

6.0 COMPLETION TIME

A. Bidder shall fill in the blank on the Bid Form for the number of calendar days for the Substantial Completion period of performance from date of Notice to Proceed. Final Completion shall be achieved within 30 calendar days from the date of Substantial Completion for Final Completion.

B. Submission of a bid constitutes acceptance by the bidder of the completion time as a part of the requirements of this work.

7.0 QUESTIONS

A. All questions shall be submitted to the Engineer via www.civcastusa.com. In ample time to permit consideration before reply, submit questions about bidding instruments to the Engineer.

B. Necessary replies will be issued to bidders of record as addenda, which becomes a part of the bidding instruments. Oral instructions do not form a part of the bidding instruments.

C. Bidders should contact the Engineer not less than 72 hours before bid opening to secure any addenda that may affect bidding.

8.0 SUBMITTAL

A. Submit bid and other required data via Civcast.

Do not open before 10:30 a.m., Friday, July 24th, 2026

Bid for the construction of: Ashland Phase 2 Detention & Mass Grading Owner: Brazoria County Municipal Utility District No. 82

Bidder:

B. Submit bid on the bid form provided. Fill in all blanks. If no amount is to be included, insert three zeros in the space. Include all unit cost items and all alternatives shown on the bid form; failure to comply may be cause for rejections. No segregated bids or assignments will be considered.

C. Do not alter the bid form with written memoranda or qualifications. Any explanation, alteration, or other statements proposed by the bidder must be written separately, signed independently, and included in the bid envelope. Bids may not be modified after submittal.

A - 4

D. Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation, the bid must be signed with the legal name of the corporation followed by the name of the State of Incorporation and the legal signature of a person authorized to bind the corporation to a contract.

E. ATTENTION: Pursuant to Texas Government Code § 2252.908, you must provide Brazoria County

Municipal Utility District No. 82 (the “District”) with a printed, executed and notarized original of a completed Certificate of Interested Parties form (Form 1295) in the sealed bid submittal. Failure to do so will result in the District’s inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission’s website at https://www.ethics.state.tx.us.

F. The disclosure of interested parties form shall be completed and uploaded to www.civcast.com prior to the bid time.

G. Contractor to include the District’s full name in box 2 of the TEC Form, “Brazoria County Municipal Utility

District No. 82”.

H. Contractor to enter “16759-0034-01” in box 3 of the TEC Form

9.0 BID SECURITY

A. The bidder shall submit a five percent (5%) bid bond of the maximum total bid amount. Make the bid bond payable to the Owner.

B. The bid security will be forfeited to the Owner by the bidder as damages as default if the bidder fails to execute and deliver a contract and bonds as required.

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

A. Bidder must be capable of executing a satisfactory performance bond and payment bond for 100 percent

(100%) of the contract sum in accord with the conditions of the contract.

11.0 WITHDRAWAL

A. Bids may be withdrawn any time before bid opening but may not be resubmitted.

B. Bids may not be withdrawn or modified after bid opening time unless the award of the contract has been delayed more than 90 days.

12.0 QUALIFICATIONS OF BIDDERS

A. The Owner may make any investigations deemed necessary to determine the bidder's ability to perform the work. When requested, furnish such information and data necessary for this purpose.

B. The Owner reserves the right to reject any bid if evidence submitted by or investigation of the bidder indicate that the bidder is not properly qualified in the opinion of the Owner, to complete the work satisfactorily.

https://www.ethics.state.tx.us/ http://www.civcast.com/

A - 5

13.0 AWARD OF CONTRACT

The Owner is not obligated to accept the lowest bid or any bid. The Owner reserves the right to reject any or all bids and to waive any informalities in bids or in bidding. The Owner may accept any bid deemed advantageous. The contract award may include full consideration of unit prices, alternates, and time of completion.

14.0 RETURN OF SIGNED CONTRACTS

By submitting a bid, the Contractor agrees to return signed contracts with proper bonds and insurance certificates within 14 calendar days after the Engineer has given the unsigned contracts to the Contractor. Should the Contractor fail to return properly executed contracts within 14 calendar days, the Engineer may disqualify that Contractor and recommend that the Owner enter into contracts with the next highest bidder.

- - o 0 o - -

Bid of ____________________________________________________

OWNER: Brazoria County Municipal Utility District No. 82

PROJECT: ASHLAND PHASE 2 DETENTION & MASS GRADING

DATE: July 16, 2026

JOB NO.: 16759-0034-01

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

UNIT A: MOVE-IN & START-UP

A 1. Move-in and start up including performance and payment bonds for 100 percent (100%) of the contract amount. LS 1 $ $

A 2. All permits required by Brazoria County (i.e. fill and grading, driveway (construction access), etc.) including required bonds. Contractor to confirm and acquire all required permits with Brazoria County prior to beginning construction. LS 1 $ $

A 3. City of Angleton Inspection Fee ($0.008 x valuation of

Civil construction + $75.00). Fee is due at the time of preconstruction meeting. LS 1 $ $

SUBTOTAL, UNIT A $

BID FORM

an individual proprietorship/ a corporation organized and existing under laws of the State of Texas / a partnership of _____________ _______________________________________________.

A-6

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

UNIT B: DETENTION EXCAVATION, FILL PLACEMENT, & GRADING

B 1. Site preparation of designated fill areas. Preparation includes stripping and stockpiling of top six-inches (6") depth of topsoil and removal of vegetation for future use. Strippings are to be spread evenly for final grades and turf establishment. Includes mowing where shrubbery is over 2' tall. AC 148 $ $

B 2. Excavation and Grading of Pond to final elevations and grades in accordance with plans (fill within pond footprint is considered incidental). Quantity of in-situ material to be verified before excavation or haul operation commences. No adjustments will be made based on variance of actual quantities. CY 357,067 $ $

B 3. Haul, spread and compact (to 95%) along detention maintenance berm and fill Section 7A (52,000 CY) in accordance with the construction plans. (Inc. site stripping, de-mucking and grading to drain.) Strippings are to be re-spread along the back lot areas only. No strippings will be re-spread on future building pad sites. CY 52,000 $ $

B 4. Haul, spread and compact (to 95%) along detention maintenance berm and fill Section 8 (87,000 CY) in accordance with the construction plans. (Inc. site stripping, de-mucking and grading to drain.) Strippings are to be re-spread along the back lot areas only. No strippings will be re-spread on future building pad sites. CY 87,000 $ $

B 5. Haul, spread and compact (to 95%) along detention maintenance berm and fill Section 9 (137,067 CY) in accordance with the construction plans. (Inc. site stripping, de-mucking and grading to drain.) Strippings are to be re-spread along the back lot areas only. No strippings will be re-spread on future building pad sites. CY 137,067 $ $

B 6. Haul, spread and compact (to 95%) along detention maintenance berm and fill Section 10 (52,000 CY) in accordance with the construction plans. (Inc. site stripping, de-mucking and grading to drain.) Strippings are to be re-spread along the back lot areas only. No strippings will be re-spread on future building pad sites. CY 52,000 $ $

A-7

B 7. Haul, spread and compact (to 95%) along detention maintenance berm and fill the Amenity Center (29,000

CY) in accordance with the construction plans. (Inc.

site stripping, de-mucking and grading to drain.)

Strippings are to be re-spread along the back lot areas only. No strippings will be re-spread on future building pad sites.

CY 29,000 $ $

B 8. Scarify Proposed Basins to a maximum of 12-inches and recompact to achieve final elevations and grades in accordance with construction plans. Field permeability test should be performed to verify material's hydraulic conductivity. Must have a minimum degree of compaction of 95% standard proctor density (ASTM D 98) at a moisture content between optimum and +3% optimum moisture content. SY 72,646 $ $

B 9. Clearing and Grubbing as directed by Engineer.

Contractor to follow Clearing and Grubbing

Specification 02102-1 in the Contract documents. AC 6 $ $

B 10. Burning of all cleared and grubbed material. Including excavation of burn pit, disposal of ashes after burning, backfill of burn pit, and obtaining any and all permits necessary for the burning operation. AC 6 $ $

SUBTOTAL, UNIT B $

A-8

UNIT C: DRAINAGE SYSTEM

C 1.

30-inch RCP, ASTM C-76, Class III, all depths, (including bedding and backfill), complete in place. LF 195 $ $

C 2. 60-inch HP, Class IV, all depths, (including bedding and backfill), complete in place. LF 242 $ $

C 3. 7'x6'-Reinforced Concrete Storm Sewer Box, C-76, all depths, (including bedding and backfill), complete in place. LF 473 $ $

C 4. Additional cost for tunneling of 7’x6’ Reinforced

Concrete Storm Sewer Box, including excavation and shoring of pits. LF 252 $ $

C 5. Backslope swales cut to grades and locations shown on plans, per Brazoria County detail, complete in place. LF 750 $ $

C 6. Reinforced concrete backslope interceptor structure, including 24-inch galvanized Corrugated Metal Pipe, 22/3"x1/2" corrugations, 16 gage, including band connectors, per Brazoria County detail, complete in place. EA 13 $ $

C 7. Backslope swales cut to grades and locations shown on plans, per Brazoria County detail, complete in place. LF 8,302 $ $

C 8. Channel Lock II, Class 450, Flexible Revetment System, in accordance with details, complete in place. SY 1,613 $ $

C 9. 5-inch thick reinforced concrete slope paving, (including filter fabric, weep holes, toe walls, re-bar, and expansion joints), in accordance with details, complete in place. SY 72 $ $

C 10. 18-inch Grade I Rip Rap, in accordance with details, complete in place. SY 103 $ $

C 11. Installation and removal of coffer dam, including dewatering, for the installation of proposed storm sewer and slope paving to existing Ashland Phase 1D -

Pond E, complete in place. Reference sheet 18. Ea. 2 $ $

C 12. Rough and final grading of outfall weirs, in accordance with the construction plans and details. SY 2,807 $ $

C 13. Rough and final grading of 10-foot wide earthen weir cutout, in accordance with the construction plans and details (Sheet 8). LF 119 $ $

SUBTOTAL, UNIT C $

A-9

D 1. Excess utility excavation material to be spread and compacted (to 95%) on site. CY 2,437 $ $

D 2. Trench safety system for 24-inch and greater pipe, all depths. LF 658 $ $

D 3. Turf establishment of the side slopes and maintenance berms of the Pond Detention Basin except in areas below normal pool elevation as specificed in Standard

Specifications including all necessary appurtenances.

Contractor to ensure growth and coverage of at least eighty percent (80%) of disturbed area by vegetation by whatever means necessary, including re-seeding, over-seeding, fertilizing, and mowing.

AC 43 $ $

D 4. 25' x 75' Stabilized Construction Access, installed, maintained, and removed by Contractor. EA 1 $ $

D 5. Utility & Pond construction staking to be performed by

Quiddity Engineering, LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor. LS 1 $ 30,000.00 $

D 6. Asbuilt Survey after Grading of Pond and maintenance berms as needed and fill areas in accordance with the construction plans to final elevations and grades. LS 1 $ 51,400.00 $

D 7. Provide 1,000 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer. HR 500 $ $

D 8. Provide 1,500 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer. HR 500 $ $

D 9. Provide 2,000 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer. HR 500 $ $

D 10.

Well Point System, complete in place and operated per specifications, as directed by Engineer. LF 500 $ $

D 11. Additional cost above minimum bid well point system, complete in place and operated per specifications, as directed by Engineer. LF 500 $ $

D 12. Timber mat across pipeline crossings per the pipeline company requirements, complete in place. The contractor will need to verify and comply in any and all locations with pipeline company means and method requirements. LF 330 $ $

UNIT D: ADDITIONAL ITEMS

A-10

D 13. Air bridge across pipeline crossings per the pipeline company requirements. The contractor will need to verify and comply in any and all locations with pipeline company means and method requirements. EA 2 $ $

D 14. Hydro-Excavation to locate and verify pipeline depths. DAY 3 $ $

D 15. Installation of 16-foot wide 8-inch crushed concrete or limestone base all-weather Access Road in accordance with Exhibit A of the contract, including swales and geotextile fabric roadway stabilizer (woven or approved equal), complete in place. Contractor to maintain the access road during the length of construction. SY 571 $ $

SUBTOTAL, UNIT D $

TOTAL BASE BID $

A-11

UNIT E: ALTERNATIVE ITEMS

E 1.

Over excavate wet pond bottom and side slopes at least two feet (2') (perpendicular to the exposed surface) to construct two-foot (2') clay liner. Over excavated fill material to be placed and graded evenly within fill areas as indicated in the fill plan sheets per the construction drawings; haul, place, grade, and compact spoil/fill to the proposed grades in maximum six-inch (6") lifts or less and compacted to 95% of the maximum density between optimum and +3% moisture content as determined by ASSHTO Test

Method T-99. CY 48,430 $ $

E 2. Replace overexcavated material with suitable onsite clay material to construct two-foot (2') lake bottom and side slopes. Clay to meet the following specifications: Max Permeability 0.00000001 cm/sec and a minimum PI of 25. Field permeability test should be performed to verify material's hydraulic conductivity. Must have minimum degree of compaction of 95% standard proctor density (ASTM D

98) at a moisture content between optimum and +3% optimum moisture content. CY 48,430 $ $

SUBTOTAL, UNIT E $

$ TOTAL BASE BID + ALTERNATE (E1-E2)

A-12

1.

2.

Early Completion

Bonus (per day)

Late Completion

Penalty (per day)

No Yes - $1500 day

No Yes - $1500 day

Days

The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for 90 days following date of bid opening.

Total Contract Period of Performance =

(Completion time not to exceed 120 calendar days

Estimated Mobilization Date =

Contractor must mobilize within 10 calendar days from the date of the written Notice to Proceed. If the Contractor mobilizes prior to the 10th day, then the project completion time will start based on the actual mobilization date.

It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement.

The award may be made on the Base Bid alone or the Base Bid, Completion Time specified, and any or all of the Items listed under Alternates or Substitutions, if any.

(Add) (Deduct)

It is understood and agreed that the work shall be complete in full within total contract period of performance as specified below after the date on which work is to be commenced as established by the Contract Documents.

It is understood that the Bidder shall specify the number of calendar days for each stage of work in the table below. The

Completion Time includes rain days. The specific number of rain days included in the completion time are set forth in

Section 5 of the Special Conditions of the Agreement Part B.

Maximum Calendar

Days to Complete

Calendar Days to

Complete

The undersigned Bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of

Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the

Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts above and below.

The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner/Engineer shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above.

SUBSTITUTIONS: If necessary, attach detailed explanation to proposal.

(Add) (Deduct)

Description

Construction

Total

A-13

Date Signed

By

SEAL (if Bidder is a Corporations)

Acknowledge reciept of Addenda Below:

- - o 0 o - -

(Telephone Number)

(Witness)

Addendum No. _______ _______ _______ _______ _______

Date Received _______ _______ _______ _______ _______

(Company)

(Title)

(Address)

It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 7 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned.

It is understood that the Owner reserves the right to reject any and all bids.

In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment

Bonds as provided in the Specifications.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

A-14

Version 2025.1

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82 CONTRACT

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

The Parties To This Contract Are:

Owner

ANCHOR HOLDINGS MP LLC ON BEHALF OF

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82,

a political subdivision of the State of Texas.

c/o The Muller Law Group, PLLC

202 Century Square Boulevard

Sugar Land, Texas 77478

MSEC Enterprises, Inc.

P.O. Box 579

Navasota, Texas 77868

Attn: Kerry Kelton

Contractor

Developer

ANCHOR HOLDINGS MP LLC

101 Parklane Boulevard, Ste. 102

Sugarland, Texas 77478

ATTENTION: Mr. Shaun Vembutty

(281) 912-3364

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

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

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

Contract will be provided to any parties requesting a copy.

CONTENTS

CONTRACT BETWEEN OWNER, CONTRACTOR, AND DEVELOPER

ARTICLE I. PRINCIPLE CONDITIONS OF THE CONTRACT

ARTICLE II. DEFINITIONS

ARTICLE III. CONTRACT DOCUMENTS

ARTICLE IV. PRELIMINARY MATTERS

ARTICLE V. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE VI. CONTRACTOR’S RESPONSIBILITIES/ INDEMNITIES

ARTICLE VII. ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE VIII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS

ARTICLE IX. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE X. PRICE FOR WORK/ PAYMENTS TO CONTRACTOR

ARTICLE XI. FINAL COMPLETION AND ACCEPTANCE

ARTICLE XII. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XIII. MISCELLANEOUS

INDEX

ATTACHMENT A

ARTICLE I. PRINCIPAL CONDITIONS OF THE CONTRACT

1.1 SCOPE OF WORK:

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

ASHLAND PHASE 2 DETENTION & MASS GRADING

for BRAZORIA COUNTY MUNICIPAL UTLITIY DISTRICT NO. 82, Brazoria County, Texas, according to those particular Plans and Technical Specifications prepared by QUIDDITY ENGINEERING, LLC (“Engineer”) and all Extra Work in connection therewith, under the terms as stated in the Contract, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents, including, the

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

Specifications, on file with Engineer. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all other Contract Documents, which are made a part of the Contract, and is thoroughly familiar therewith.

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

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

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

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

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

iii. Repair existing pavement affected

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

v. Perform testing as specified on installed lines

vi. Clean-up project area upon completion

1.2 TIME FOR COMPLETION:

a. The Contractor hereby agrees to begin work within 10 calendar days after Engineer has given written Notice to Proceed. Contractor hereby also agrees to achieve Substantial

Completion of the Work within 120 calendar days after the date of the written Notice to

Proceed and to achieve Final Completion of the Work within 30 calendar days after the date of the written Notice to Proceed.

1.3 SURETY BONDS REQUIRED:

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

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

Price is $25,000 or more;

AND

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

Contract Price is $100,000 or more;

AND

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

Performance Bond.

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

Work, in accordance with this Contract on the forms provided for this purpose; and it is agreed that this Contract shall not be in effect until such Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor shall immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started work on the Project.

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

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

(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of the agent’s authority to act must accompany all Bonds signed by an agent. Surety must have a minimum Best’s Key Rating of “B+”. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small

Business Administration and must be an approved surety listed in the current U.S.

Department of Treasury Circular 570, and must meet all of the rules and regulations of the

Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to the underwriting limitation.

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

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

Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance.

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

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

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

e. If the surety on any Bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in any state where any part of the Project is located, or it ceases to meet the requirements herein Contractor shall promptly notify Contractor, Owner and Engineer and shall, within 10 calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

1.4 CONTRACT PRICE:

a. The Contract Price for this Work is ____________ ($__________). The initial Contract

Price may increase or decrease due to Change Orders and Contract Price Adjustments, described below, as provided by the Contract Documents.

IF ASSESSING LATE PENALTIES ONLY, INCLUDE THE BELOW AND

DELETE THIS SENTENCE

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

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

Price will decrease by $1,500.00 (“Contract Price Adjustment”). This Contract Price

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

Section 49.271(e), Texas Water Code. The Owner shall have the option to deduct and withhold the Contract Price Adjustment from any monies that the Owner owes the

Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s performance bond.

c. Owner agrees to pay Contractor’s invoices for work performed, in accordance with the terms of the Contract Documents, in an aggregate amount not to exceed the Contract Price, plus Change Orders and Extra Work approved by the Board of Directors of the Owner.

Failure by Owner to make such payments to the Contractor shall constitute a default by

Owner and shall entitle the Contractor to all rights and remedies arising under the Contract

Documents for a default in payment of sums due.

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

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

Contract Documents, except for purposes of Payment.

b. ANCHOR HOLDINGS MP LLC (“Developer”) shall be considered “Owner” for purposes of approving requests for and making payments to the Contractor for all or any portion of the Contract Price and for paying all damages, if any, that might ever be due or payable by the District, including any costs associated with any Change Orders to the

Contract. After submission to and approval by the District and by Developer of the invoices, certificates, and supporting documentation in connection with a request for payment, the

Contractor agrees to and shall look solely to Developer for payment of such invoices.

Developer agrees to pay Contractor’s invoices for work performed, in accordance with the terms of the Contract Documents, in an aggregate amount not to exceed the Contract Price, plus Change Orders and Extra Work approved by the Board of Directors of the District and by Developer. Failure by Developer to make such payments to the Contractor shall constitute a default by Owner and shall entitle the Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due; provided, however, the District shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price.

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

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

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

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

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

1.6 NOTICE TO DEVELOPER:

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

Contract Documents.

1.7 INTERESTED PARTY DISCLOSURE:

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

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

1.8 MSEC ENTERPRISES, INC., AND WOODFOREST DEVELOPERMENT, INC.:

Notwithstanding any other items, conditions, or provisions of the Contract Documents to the

Contrary,

b. MSEC Enterprises, Inc. (“MSEC”) is the owner and holder of the Certificate of

Convenience and Necessity from the Texas Commission on Environmental Quality authorizing it to provide public drinking water within the are covered by the Contract.

c. MSEC has the sole right to provide public drinking water within the District and has agreed to pay costs associated with the construction of the facilities necessary to provide public drinking water within the District (“MSEC Facilities”) in accordance with an Agreement between the Developer and MSEC.

d. MSEC shall be deemed and considered as Owner of the MSEC Facilities for all purposes, including under the provisions of the Contract.

e. Montgomery County Municipal Utility District No. 113 (“District”) shall be deemed and considered as Owner of all other facilities under the Contract (“District Facilities”), provided that Woodforest Development, Inc. (“Developer”) shall be considered the Owner of the

District Facilities for purposes of making payments for the construction of the District’s

Facilities under the Contract to the Contractor or to any other party pursuant to or in relation to the Contract Documents of all or any portion of the Contract Price and for paying all or any costs or damages that might ever be due, including any costs associated with any change orders to the Contract.

f. MSEC and the District shall each approve all of the invoices, certificates and supporting documentation in connection with a request for payment for MSEC Facilities.

g. District and Developer shall each approve all of the invoices, certificates and supporting documentation in connection with a request for payment for District Facilities.

h. Contractor agrees to and shall look solely to MSEC for payment of all invoices, change orders, or other sums or claims, of whatever nature, due or to become due for MSEC

Facilities under o related to the Contract.

i. Neither the District nor Developer shall ever be responsible or liable to the Contractor or any other party for payments for MSEC is responsible under paragraph 7 immediately above.

j. Contractor agrees to and shall look solely to Developer for payments of all invoices, change orders, or other sums or claims, of whatever nature, due or to become due for District

Facilities under or related to the Contract.

k. Neither the District nor MSEC shall ever be responsible or liable to the Contractor or any other party for payments for which Developer is responsible under paragraph 9 immediately above.

l. Developer and MSEC agree to make all payments on the respective facilities due under the

Contract in accordance with its terms and agree to all conditions and provisions herein.

m. Failure by Developer or MSEC to make their respective payments to the Contractor in accordance with the terms of the Contract and as amended hereby shall constitute a default by Owner under the terms of the contract and shall entitle the Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due the

Contract pursuant to the Contract Documents; provided, however, the District shall have no obligation for payment of sums due or to become due under the Contract, including any damages, and Contractor shall look solely to Developer and/or MSEC for any such payment.

Developer reserves the right to assign its obligations its obligations hereunder to District, subject to written acceptance thereof by the District (at District’s sole option). A copy of any such assignment and acceptance thereof by the District shall be provided to the Contractor and the

District shall be obligated to make all payments thereafter becoming due to the Contractor pursuant to this Contract and the obligations of Developer contained in the first paragraph of these Special Conditions shall terminate.

For purposes of convenient administration of this Contract, District may require Developer to advance funds due from time to time in order to make payments due the Contractor pursuant to this Contract from such funds; provided, however, no such payment by District will obligate

District to make further payments due the Contractor pursuant to this Contract unless and until

District has accepted an assignment of the Developer’s obligations hereunder and a copy of the assignment and the District’s acceptance is delivered to the…