SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF

WATER PLANT EMERGENCY GENERATOR REPLACEMENT

FOR

FORT BEND COUNTY MUD NO. 26

FORT BEND COUNTY, TEXAS

SEPTEMBER 2026

Burke Engineering, LLC Civil Consulting & Design TBPE Firm No. F-17279 10590 Westoffice Drive, Suite 125 Houston, Texas 77042 713-828-5553

BID SET ONLY

TABLE OF CONTENTS

00010-1

SECTION 00010

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

WATER PLANT EMERGENCY GENERATOR REPLACEMENT

FOR

FORT BEND COUNTY, TEXAS

Work included in this project shall be performed in accordance with the most current version of the City of Missouri City Public Infrastructure Design Manual, Design Guideline Drawings, and related sections of the City Code of Ordinances including any subsequent revisions or amendments, whether or not such specifications are included herein.

It is the Contractor’s responsibility to obtain and follow the specifications from the City of Missouri City and Fort Bend County.

Reference to administrative specifications or procedures that may be contained in the foregoing documents that conflict with the General and Supplementary Condition included herein shall not apply. Administrative procedures shall be governed by the General and Supplementary Conditions contained herein.

BIDDING REQUIREMENTS Page

Table of Contents Notice To Bidders Instructions to Bidders Bid Form

CONTRACT

Standard Form of Agreement Disclosure of Interested Parties - Form 1295

Performance Bond Payment Bond General Conditions of the Construction Contract Supplementary Conditions of the Construction Contract

00010-2

SPECIFICATIONS

Division 1 - General Summary of Work Submittals Cutting and Patching

Division 2 – Site Work

Demolition

Division 3 – Concrete Concrete Reinforcement Concrete

Division 5 – Miscellaneous Metals Miscellaneous Metals

Division 16 – Electrical Specifications

See Attached Electrical Specifications with Table of Contents

NOTICE TO BIDDERS

00100-1

SECTION 00100

NOTICE TO BIDDERS

Sealed bids addressed to FORT BEND COUNTY MUD NO. 26 (Owner) will be received electronically via the www.civcastusa.com bidding platform until 10:00 A.M., Tuesday, October 13, 2026 for the furnishing of all labor, materials, equipment, and performing all work required for:

WATER PLANT EMERGENCY GENERATOR REPLACEMENT

FOR

FORT BEND COUNTY MUD NO. 26

Bids will be opened electronically and read aloud on Zoom.com or by calling 346-248-7799 (Meeting ID: 746

571 0728; Passcode: 123456). Bid Documents are available at www.civcastusa.com. There is no charge to download the plans, but users must register on the website.

A pre-bid conference will be held at 10:00 A.M., Tuesday, September 29, 2026 at the project site, 1812

Freshmeadow Drive, Misouri City, Texas 77489. Attendance at the pre-bid conference is not mandatory but is encouraged. Inquiries can be directed to Chris Burke, P.E at 713-828-5553 or cburke@burke-eng.com.

The right is reserved, as the interest of the OWNER may require, to reject any and/or all bids, and to waive any informality or inconsistency in bids received.

http://www.civcastusa.com/ mailto:cburke@burke-eng.com

INSTRUCTION TO BIDDERS

00200-1

SECTION 00200

INSTRUCTION TO BIDDERS

1. The Work

The Work consists of the furnishing of labor, equipment and materials necessary for the replacement of an existing diesel generator with a natural gas generator, including various electrical work, for a complete and properly operating system.

The project is located in the at the Fort Bend County MUD No. 26 Water Plant site, at 1812 Freshmeadow Drive, Missouri City, Texas 77489, south of Thomas Taylor Parkway and west of Texas Parkway (FM 2234), in Fort Bend County, Texas. Key Map 570-X.

2. The Owner

Fort Bend County MUD No. 26 c/o Smith, Murdaugh, Little & Bonham, LLP 2727 Allen Parkway, Suite 1100 Houston, Texas 77019 Mr. Davis Bonham 713-652-6500

3. The Project Engineer

10590 Westoffice Drive, Suite 125 Houston, Texas 77042 Mr. Chris Burke, P.E.

4. The District Engineer

Saliger Engineering Corporation 3338 County Rd. 239 Gonzales, Texas 78629 Mr. Wayne Saliger, P.E.

830-263-1510

00200-2

5. Bidding

General Contractors are invited to submit bids for the Work, as follows:

A. Bids will be received electronically via email, until 10:00 A.M., Tuesday, October 13, 2026.

B. Bids shall be submitted electronically via email using the CivcastUSA.com bidding platform.

C. A pre-bid conference will be held at 10:00 A.M., Tuesday, September 29, 2026 at the project site, 1812

Freshmeadow Drive, Misouri City, Texas 77489. Attendance at the pre-bid conference is not mandatory.

6. Bid Security

Bids shall be accompanied by a bidder's bond or a cashier's check in the amount of 2% of the total amount bid, payable to Fort Bend County MUD No. 26, as a guarantee that the bidder will enter into a contract and execute a performance bond within thirty (30) days after notice of the award, and that his bid will not be withdrawn within ninety (90) days after the date of opening of bids without the consent of Owner.

7. Bidding Documents

A. Bidding documents include all documents available during the bidding period, including instructions to bidders, contract forms, supplementary conditions, specifications, drawings and any addenda. Only written or printed documents issued by the Engineer are included.

B. Bid documents may be obtained at www.civcastusa.com. Documents may be examined upon request at the office of the Engineer without charge.

8. Completion Time

The Work shall be substantially completed within the number of calendar days shown on the bid form. If no contract completion time is shown on the bid form, the Contractor shall enter the Contract Time on the bid form in calendar days.

9. Preparation of Bids

Bids shall be submitted via the www.civcastusa.com electronic bidding platform. A bid form is included in Section 00400, and all requirements, notes and instructions included in Section 00400 remain in effect whether included in the electronic bid form or not. Bids shall be prepared in compliance with the requirements of this section, these instructions, and the instructions printed on the bid forms. All blank spaces on the bid form must be filled in as noted, with amounts extended and totaled, and no changes shall be made to the text of the forms or the items mentioned therein. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind, or item not called for; or which shall in any manner fail to conform to the conditions of the invitation to bidders. The bidder shall sign his bid in ink in the blank space provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, it must be acknowledged by one of the officers thereof, accompanied by a corporate seal. In order to ensure consideration, the proposal must be enclosed in a sealed envelope plainly identified by the name of the project.

00200-3

Bidders should carefully examine the drawings, specifications, and other documents, visit the site of the work, and fully inform themselves as to the conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in, or omissions from the drawings, specifications or other documents, or should he be in doubt as to their meaning, he should notify the Engineer and obtain clarification prior to submitting any bid.

10. Interpretation of Contract Documents, Technical Specifications, and Plans

Bidders desiring further information, interpretation of the contract information or contract documents and technical specifications and plans, shall make requests for such information, in writing, to the Engineer, at least 48 hours prior to the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound and made a part of the contract. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the contract documents, technical specifications, or plans, or should he be in doubt as to their meaning, he should notify the Engineer in order that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know that they have received all such addenda, complete files of which will be maintained in the office of the Engineer, and in the office designated to receive the bids.

11. Other Requirements

A. Contractor shall abide by state and local laws regulating sales tax exemption for work performed for tax-exempt entities.

B. Contractor is responsible for obtaining all permits required by the Work at no additional cost to the Owner.

C. Bidder shall carefully examine the bidding documents and the project site to verify actual working conditions, including existing conditions, access restrictions, etc.

D. Any information that may be included in bidding documents regarding existing site conditions is for convenience only and does not relieve the Contractor of his responsibility to verify all site conditions.

E. No adjustments to payments will be made for work required by conditions that could have been anticipated by a thorough examination of the site.

F. Submission of a bid constitutes acceptance by the bidder of the existing site conditions as a requirement of the work.

G. The right is reserved, as the interest of the Owner may require, to reject any and/or all bids, and to waive any informality in bids received.

H. The Owner reserves the right to award the contract based on the Total Base Bid and any combination of

Alternates, Supplementary Items or Substitutions.

I. Any bids that appear to be "loaded" in any manner may be rejected.

00200-4

12. Award of Contract

Unless all bids are rejected, the Owner will have sixty (60) days in which to award the contract from the date that the bids are to be submitted. Award will be made on the basis of the greatest advantage to the Owner, considering all aspects of the bid.

The Owner reserves the right to reject any and/or all bids and/or to waive technical defects, as the interest of the Owner may require. All bid securities, except those which the Owner elects to hold until the successful bidder has executed the contract and furnished the required bonds, will be returned to the respective bidders upon request.

13. Performance and Payment Bonds

The successful bidder must furnish both a Performance Bond and a Payment Bond for 100% of the contract sum.

14. Conditions of Work

Each bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed, and will be presumed to have inspected the site, and to have read and be thoroughly familiar with the contract documents and technical specifications and plans. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the contract and to complete the contemplated work for the considerations set forth in his bid. Any information given in regards to subsurface data, test borings and similar conditions is to be considered approximate and does not relieve the bidder of the responsibility for its verification.

15. Delivery of Bids

It is the bidder's responsibility to deliver his bid at the proper time to the proper place.

16. Number of Signed Sets Of Documents The Construction Contract will be prepared in two (2) original, signed sets. Owner will furnish Contractor three sets of conforming contract documents, technical specifications and plans free of charge and additional sets may be obtained from the Engineer at commercial reproduction rates.

17. Pre-Construction Conference Upon award of a contract to the successful bidder, the Contractor shall meet with the Engineer in the Engineer's office at a time set by the Engineer. A schedule for the sequence of construction shall be agreed upon at this conference.

BID FORM

00400-1

SECTION 00400

THE UNDERSIGNED BIDDER, having examined the plans, specifications, general and supplementary conditions, contract documents, and all addenda; and being familiar with and fully understanding:

(A) The type and scope of the work included in this proposal;

(B) The location and specified requirements for the proposed work;

(C) The location and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, streets, sewers, utilities, drainage courses, structures, trees, landscaping, surface improvements and other installations, both surface and underground, which may affect or be affected by the proposed work;

(D) The nature and extent of the excavations to be made, and the type and general conditions of materials to be excavated;

(E) The required handling, re-handling and, if necessary, proper disposal of excavated materials, including the construction of fills and embankments;

(F) The location and extent of necessary or probable dewatering requirements;

(G) The problems and risks to the work which might be caused by storm and flood waters;

(H) Local conditions relative to labor, transportation and hauling;

(I) All other factors and conditions affecting or which may be affected by the work.

HEREBY PROPOSES to furnish all required materials, supplies, equipment and tools; to perform all necessary labor and supervision; and to construct, install, erect, equip and complete all work included in, required by, and in accordance with the contract documents and the plans, specifications, and other documents referred to therein, as amended by all addenda, for and in consideration of the following prices:

00400-2

WATER PLANT EMERGENCY GENERATOR REPLACEMENT

FOR

ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE

BASE BID ITEMS

1. Mobilization, including bonds and insurance;

Complete, For: 1 L.S. $_______________ $_________________

2. Site and work zone management as necessary, including, but not limited to:

- Site photos/video prior to work;

- Coordination with nearby residents;

- Coordination with private utility companies;

- Traffic control and regulation;

- Protection of trees, plants and physical features;

- Other site / work zone management as required;

Complete, in Place, For: 1 L.S. $_______________ $_________________

3. Demolish, remove and dispose of existing diesel generator, fuel tank, concrete foundation, steps, etc., as shown on construction drawings, complete as specified;

Complete, For: 1 L.S. $_______________ $_________________

4. Saw cut, remove and replace existing 6” reinforced concrete driveway as required for installation of conduit and gas line, including reinforcement, doweling into existing concrete, sealing, disposal of waste materials, etc.;

Complete, For: 1 L.S. $_______________ $_________________

5. Proposed reinforced concrete generator foundation (approx. 11’ x 28’) and surrounding sidewalk, minimum 4’ clear width outside generator enclosure and appurtenances (total dimension approx. 19’± x 36’±) including excavation, preparation of subgrade, isolation joints with sealant, and all else required, with adjustments as necessary to accommodate final generator selection:

Complete, For: 1 L.S. $_______________ $_________________

6. Provide and install electrical equipment including, but not limited to, natural gas generator, sound enclosure, electrical modifications, grounding, conduit, wire, gas line and regulator, and all ancillary devices as shown on construction drawings, complete in place;

Complete, For: 1 L.S. $_______________ $_________________

00400-3

7. Site restoration, including removal of trash, construction debris and revegetation of all disturbed areas;

Complete, in Place, For: 1 L.S. $_______________ $_________________

8. Allowance for natural gas service, if required. Exact amount will be reimbursed to Contractor upon submittal of invoice from Natural Gas Service Provider.

Complete, For: 1 Allow $_____5,000.00___ $_______5,000.00___

9. Allowance for Specification 16015-Short Circuit

Coordination and Arc Flash Hazard Study. These services shall be supplied by the Integration Engineer, Baird Gilroy & Dixon, LLC;

Complete, in Place, For: 1 Allow. $____10,000.00___ $______10,000.00___

TOTAL BASE BID ITEMS $

00400-4

ALTERNATE BID ITEMS

A1. Remove approximately 150’ of existing 6’ chain link fence and install approximately 170’ of new 6’ high chain link fence to enclose additional 8’ strip on north side of existing site, including 3 strands barbed wire and all appurtenances to match existing, including adjustment as necessary to avoid existing buried utilities;

Complete, For: 1 L.S. $_______________ $_________________

A2. Relocate existing diesel generator and fuel tank and set up for temporary operation, including gravel pad, for manual operation during construction;

Complete, For: 1 L.S. $_______________ $_________________

TOTAL ALTERNATE BID ITEMS $

TOTAL BASE BID PLUS ALTERNATE ITEMS $

00400-5

NOTES:

1. All work, labor, equipment, materials, and other items necessary to complete this project, not included in this proposal as a separate line item, are incidental to the project.

2. All excavated, excess or waste material shall be become the property of the Contactor and shall be disposed of outside of the District, in a manner that will not cause damage to the Owner.

3. All disturbed areas to be sodded or hydro-mulch seeded and vegetation established to the satisfaction of the Engineer.

4. The Contractor shall return all construction areas to original condition, or better, as directed by the Engineer, including all pavements, driveways, swales, sidewalks, fences, gates, bushes, shrubbery, landscaping, sodding, irrigation systems or any other item damaged, whether on public or private property.

5. Contractor shall make every effort to ensure that no damage occurs to any existing facility, buried or above ground.

6. For any work requiring excavation, Contractor shall contact 811 Texas One Call and have all underground utilities located prior to mobilization.

7. Contractor shall abide by all OSHA requirements, including those for confined entry, in the performance of the Work.

8. Quantities in the bid form are estimated only. The Owner reserves the right to make adjustments to any quantity as required during construction.

9. In awarding the Contract, the Owner may take into consideration the Total Base Bid, plus any Alternate or Supplemental

Bid Item prices that it feels may be used during the Project.

SUBSTITUTIONS

Any substitutions proposed by the Contractor shall be listed below and accompanied by a separate submittal included with the contractor’s bid detailing all changes and any associated price changes in the form of an Add or Deduct from the Base Bid.

Description Add (Deduct)

COMPLETION TIME

Contractor proposes and agrees that the work in the Base Bid Items shall be completed within _______calendar days, as established by the contract documents.

Contractor will limit the number of days between (1) removing the existing generator from service; and (2) completion of installation, startup and placing into service new generator to ___________ calendar days, or less.

00400-6

BID SECURITY, CONTRACT AWARD, ETC.

Accompanying this proposal is a bidder's bond or a cashier's check in the amount of two percent (2%) of the Base Bid Amount, made payable to Fort Bend County MUD No. 26. For electronic bids, upload scanned copy of bid bond and submit with the bid. For electronic bids cashier’s check shall be hand delivered to the office of the engineer in a sealed envelope, prior to bid opening.

It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in the 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, 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/or 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.

Company Name

BY: DATE:

Signature

WITNESS:

Name and Title

Address & Street

City, State, Zip

SEAL (If Bidder Is A Corporation) Phone

Acknowledgement of Receipt of Addenda:

Addendum No.: ______ ______ ______ ______

Date Received: ______ ______ ______ ______

STANDARD FORM OF AGREEMENT

00520-1

SECTION 00520

STANDARD FORM OF AGREEMENT

The form of agreement will be the AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT Modified EJCDC C-520, 2013. This form is available for review upon request.

FORM 1295

CERTIFICATE OF INTERESTED PARTIES

00521-1

SECTION 00521

FORM 1295

CERTIFICATE OF INTERESTED PARTIES

PERFORMANCE BOND

00610-1

SECTION 00610

PERFORMANCE BOND

Bond No. _________

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF FORT BEND §

THAT __________________________________ of the City of ________________, County of

_____________, and State of Texas, as Principal, and ___________________________________

_____________________________authorized under the Laws of the State of Texas to act as surety on bonds for principals, as Surety, are held and firmly bound unto

____________________________________________________________________________ (Owner), in the penal sum of ___________________________________ ($____________________) for the payment whereof, the said

Principal and Surety bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ________ day of ______________________, 20_____, for construction of:

(JOB NAME HERE)

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the Work, as defined in and in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas

Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, 00610-2 extension of time, alteration or addition to the terms of the contract, or the work to be performed thereunder, or the plans, specifications or drawings accompanying same.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the ________ day of _______________________, 20______

Principal Surety

By: By:

Title: Title:

Address: Address:

(SEAL) (SEAL)

The name and address of the Resident Agent of Surety is:

The name, mailing address, physical address and telephone number of the Surety to which any notice of claim should be sent:

PAYMENT BOND

00611-1

SECTION 00611

PAYMENT BOND

Bond No. _________

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF FORT BEND §

THAT __________________________________ of the City of ________________, County of

_____________, and State of Texas, as Principal, and ___________________________________

_____________________________authorized under the Laws of the State of Texas to act as surety on bonds for principals, as Surety, are held and firmly bound unto

____________________________________________________________________________ (Owner), in the penal sum of ___________________________________ ($____________________) for the payment whereof, the said

Principal and Surety bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ________ day of ______________________, 20_____, for construction of:

(JOB NAME HERE)

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to it or to a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas

Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any

00611-2 such change, extension of time, alteration or addition to the terms of the contract, or the work to be performed thereunder, or the plans, specifications or drawings accompanying same.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the ________ day of

_______________________, 20_____.

Principal Surety

By: By:

Title: Title:

Address: Address:

(SEAL) (SEAL)

The name and address of the Resident Agent of Surety is:

The name, mailing address, physical address and telephone number of the Surety to which any notice of claim should be sent:

GENERAL CONDITIONS

00700-1

SECTION 00700

GENERAL CONDITIONS

The GENERAL CONDITIONS will be the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION

CONTRACT, Standard EJCDC C-700, 2013 Edition, as modified by SECTION 00800 SUPPLEMENTARY CONDITIONS

OF THE CONSTRUCTION CONTRACT, included herein. This form is available for review upon request.

SUPPLEMENTARY CONDITIONS

OF THE CONTRACT

00800-1

SECTION 00800

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

The provisions of the Supplementary Conditions shall supplement and govern in the event of a conflict between the Supplementary Conditions and the Standard General Conditions of the Construction Contract.

Defined Terms: The terms used herein shall have the meanings assigned to them in the Standard General Conditions of the Construction Contract.

1.01 A.15. Contract Times: All contract times shall be measured in consecutive Calendar Days. "Calendar Day" is any day of the week or month, no days being excepted.

1.01 A.18. Drawings: Drawings for the project will consist of the drawings as follows and as may be amended:

FORT BEND COUNTY MUD NO. 26

WATER PLANT EMERGENCY GENERATOR REPLACEMENT

MISSOURI CITY, TEXAS

SHEETS 1-16

4.01 A. Commencement of Contract Times; Notice To Proceed: The Contract time shall commence running ten (10) days following the date of the Notice To Proceed.

4.03 B. Construction Staking: Contractor shall arrange and furnish all construction staking.

4.06 H. Sequence of Work: Before commencing Work, the Contractor shall submit a schedule detailing major construction activities, milestones, startup and all else required to complete the Work.

5.05 F. Underground Facilities: The drawings show as much information as can reasonably be obtained from existing construction drawings regarding the existing topography, water lines, sewer lines, storm sewers, plant lines, buried electrical, natural gas lines, underground cables, etc. However, the accuracy of or completeness of such information is not guaranteed. It shall be the Contractor's responsibility to locate such underground features sufficiently in advance of operations to preclude damage to same. In the event that underground facilities not shown on the drawings are encountered, it shall be the Contractor's responsibility to construct the work as intended at no increase in the contract price. In the event of damage to underground facilities, whether shown or not on the drawings, the Contractor shall make the necessary repairs to place the facility back in service at no increase in the contract price and all such repairs shall conform to the requirements of the company or agency servicing the facility.

00800-2

5.01 D. Contractor Access to Work: Access to the work from existing roads shall be provided by the Contractor at no cost to the Owner. The Owner assumes no responsibility for the conditions or maintenance of any existing road or structure therein that may be used by the Contractor for performing the work under this contract and/or for traveling to and from the site of the work.

Contractor shall be responsible for returning existing access roads, site, fences, gates, etc. to their original condition. No payment will be made to the Contractor for constructing temporary roads, or for repairing or maintaining any existing roads or structures that may be used by the Contractor in the performance of the work under this contract.

5.03 A.4. No job specific soils information is available for this project.

6.01 H Performance, Payment and Other Bonds: Surety Companies executing bonds must have a rating of at least "A" in the current Best Key Rating Guide or appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Texas.

A bond that is made, given, tendered, or filed under Chapter 53, Property Code, or Chapter 2253, Government Code, may be executed only by a surety company that is authorized and admitted to write surety bonds in this state. If the amount of the bond exceeds $100,000, the surety must also:

(1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law.

In determining whether the surety on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, a party may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. A purchaser, insurer of title, or lender acquiring or insuring an interest or title to real property may also conclusively rely on and is protected by a statement on a recorded bond or a sworn statement by the surety that is recorded and refers to the specific recorded bond and that states that, at the time the bond was executed, the surety: (1) was a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) had reinsured any liability in excess of $100,000 by a reinsurer holding a certificate of authority described in (1).

6.02 H. Insurance – General Provisions: Notwithstanding any other provision in the Contract Documents, Owner will not be required provide any insurance for the Work or the Project. Contractor shall maintain such insurance to protect Contractor, Owner and Engineer from claims under Worker’s Compensation Acts, and any amendments thereof, and from any other claims for property damage, damages from personal injury, including death, which may arise from activities under the Agreement, whether such activities are those of Contractor or by any Subcontractor or anyone directly or indirectly employed by either.

6.03 A.5. The Contractor and Subcontractors shall provide and maintain Workers’ Compensation insurance coverage in accordance with Chapter 28 Section 110.110 of the Texas Administrative Code.

00800-3

6.03 K. Insurance Limits: Contractor shall provide and maintain commercial general liability insurance with bodily injury and property damage limits combined of not less than $1,000,000 per occurrence with $2,000,000 aggregate, which will include insurance for liabilities assumed in the indemnity. Such liability insurance must include coverage for completed operations and be extended to cover damage to underground property and damage caused by collapse.

Contractor shall provide and maintain, at its own expense, business automobile liability insurance with limits for bodily injury and property damage combined of not less than $1,000,000.

6.03 L. Additional Insured: The certificate of insurance shall specifically state in the box titled “Description”:

Fort Bend County MUD No. 26 and Burke Engineering, LLC, its officers and employees are named as additional insureds with respect to general liability and auto policies, and are provided a waiver of subrogation on general liability, auto and workers' compensation.

The cancellation statement on the certificate shall be substantially as follows: "Should any of the above-described policies be materially changed or canceled before the expiration date thereof, the issuing company will mail 30 days prior written notice to the certificate holder named to the left."

7.02 C. Except during activities which are required to run continuously, Contractor desiring to work Saturdays, Sundays or legal holidays shall provide notice to Engineer no later than 12:00 PM on the preceding day. If work performed on such days requires construction review as determined by the Engineer, Contractor shall be required to pay to the Owner/Engineer all costs for construction review, including expenses, plus 100% for each such day of review.

Should Contractor perform work on Saturday, Sunday or legal holiday without providing notice to Engineer or securing construction review, such work may be required to be removed and replaced by said Contractor, at the direction of the Engineer, at no cost to the Owner.

7.09 A Taxes: The Owner is a political subdivision of the State of Texas and is exempt from Texas sales and use taxes. Upon request, Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and, accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract.

Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.311. Contractor and all subcontractors shall not include any provision for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and shall not pass on to Owner any sales and use taxes on exempt items in any bid or contract amount.

7.10 D. Laws & Regulations: Contractor shall comply with all Federal, State and local laws governing prevailing wage rates. If Owner has adopted prevailing wages, they are included in the Contract Documents. Otherwise, Contractor shall use the current prevailing wage rates adopted by the City of Houston.

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8.03 C. Coordination: The Contractor shall coordinate Work with the utility Operator to ensure that operation of the utility systems are not interrupted during the construction of the new facilities.

The District’s Operator is Quail Valley Utility District, Mr. Hector Acevedo 281-499-5539.

15.01 B.4. Applications for Payment: Each application for payment submitted by Contractor shall include a Partial Waiver And Release of Lien, signed by an authorized individual for the Contractor, and acknowledged by a notary.

15.01 D. Payment Becomes Due: Thirty (30) after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor at the Owner’s next regular meeting.

15.01 E.1.j.1 Owner is entitled to liquidated damages of $250.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified on the bid form for Substantial Completion until the Work is substantially complete.

15.06 A.2.F. One (1) Year General Warranty and Guarantee: The Contractor shall deliver its written warranty and guarantee, made out to the Owner in form satisfactory to the Engineer, warranting and guaranteeing all of the work under the contract to be free from faulty materials, free from improper workmanship, and against injury from proper and usual wear; and agreeing to replace or re-execute without cost to the Owner such work as may be found to be improper or imperfect. This warranty and guarantee shall cover a period of one (1) year from the date of completion of all work under this contract, as evidenced by the Engineer's final certificate or approval of the final pay application.

Neither the final certificate, nor payment, nor any provision in the contract documents shall relieve the Contractor of responsibility for neglect of faulty materials or workmanship during the period covered by the warranty and guarantee.

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18.09 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTION 2274

PROHIBITED DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. As required by Chapter 2274.002, Texas Government Code (as added by Senate Bill 19 (“SB 19”), 87th Texas Legislature, Regular Session), as amended, [Company] hereby verifies that [Company] does not and will not during the term of the Contract have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, nor will it discriminate during the term of the Contract against a firearm entity or firearm trade association. The term “discriminate against a firearm entity or firearm trade association” as used in this paragraph has the meaning assigned to the term in Section 2274.001(3) of the Texas Government Code (as added by SB 19), as amended.

18.10 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTION 2275

LONE STAR INFRASTRUCTURE PROTECTION ACT VERIFICATION. If under this Contract [Company] is granted direct or remote access to or control of critical infrastructure, excluding access specifically allowed for product warranty and support, [Company] verifies, pursuant to Chapter 2275 of the Texas Government Code, that neither [Company] nor any of its sub-contractors are: (i) owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (ii) headquartered in China, Iran, North Korea, Russia or a designated country. The term “designated country” means a country designated by the Governor as a threat to critical infrastructure under Section 2275, Texas Government Code, as amended. The term “critical infrastructure” shall have the meaning assigned to such term in Section 2275.0101, Texas Government Code, as amended. [Company] hereby acknowledges and agrees that this verification is a material term of this Contract, and Owner is expressly relying on this verification in agreeing to enter into the Contract.

18.11 COMPLIANCE WITH TEXAS GOVERNMENT CODE SECTION 2276

PROHIBITED BOYCOTT OF ENERGY COMPANIES. As required by Chapter 2276, Texas Government Code, as amended, [Company] hereby verifies that [Company] does not, and during the term of this Contract will not, boycott energy companies. The term “boycott energy companies” as used in this paragraph has the meaning assigned to the term “boycott energy company” in Section 809.001 of the Texas Government Code, as amended, as set out in Section 2276, as amended.

END OF SUPPLEMENTARY CONDITIONS

SUMMARY OF WORK

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SECTION 01110

PART 1 GENERAL

1.01 DESCRIPTION

A. The Work

The work consists of providing the necessary labor, materials, equipment, appurtenances, management and supervision to construct Water Plant Emergency Generator Replacement for Fort Bend County MUD No. 26, as shown on the construction drawings and as specified herein. The work includes, but is not limited to, the following items:

1. Removal of existing generator, fuel tank and slab.

2. Construction of a concrete slab for an emergency generator, and housekeeping slab/sidewalks;

3. Installation of an Emergency Generator and other electrical modifications;

4. Partial removal and replacement of driveway for conduit and gas line installation.

5. SWPPP and Traffic Control as required during construction.

6. Partial removal and replacement of chain link fence. (Alternate Bid Item)

7. Set-up existing generator and fuel tank onsite for temporary manual operation during construction. (Alternate Bid Item)

B. Project Site

The project is located at 1812 Freshmeadow Drive, Missouri City, Texas 77489. The site is located south of Thomas Taylor Parkway and west of Texas Parkway, in Missouri City, Fort Bend County, Texas. Key Map 570-X.

C. Owner

Fort Bend County MUD No. 26 c/o Smith, Murdaugh, Little & Bonham, LLP 2727 Allen Parkway, Suite 1100 Houston, Texas 77019 Mr. Davis Bonham 713-652-6500

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D. Engineer

10590 Westoffice Drive, Suite 125 Houston, Texas 77042 Mr. Chris Burke, P.E.

E. Operator

Quail Valley Utility District 3134 Cartwright Road Missouri City, Texas 77459 Mr. Hector Acevedo 281-499-5539

1.02 WORK SCHEDULE

A. Within 10 days from the date of the Notice to Proceed, the Contractor shall submit a Construction Schedule and Schedule of Values (for work other than unit price work) to the Engineer for approval. The Construction Schedule shall be in the form of a bar chart (Gantt Chart) indicating the order in which the Contractor proposes to perform the work. All major construction activities shall be included, as well as submittal and review of shop drawings and any other consideration that may impact the completion of the work. Failure to include item(s) required to complete the project in the schedule or contract time shall not release the Contractor from his obligation to complete the work in accordance with the contract documents.

B. For water plant, wastewater treatment plant and lift station projects, the Contractor should include considerations for the operation of the facilities during construction. The operation of the facilities may be interrupted for short durations as approved by the Engineer only. Temporary pumping and piping methods shall be submitted for review and approval by the Engineer. Contractor shall include the cost of all temporary pumping and piping in the base bid items. For this reason, timely completion of the work is essential.

C. The Contractor shall update the Construction Schedule monthly to reflect the progress and shall submit the updated schedules with each Application for Payment, including any requested time extensions for unusual or unforeseen weather or site conditions, for review and approval by the Engineer.

D. If the actual progress of work falls behind the Contractor's approved Construction

Schedule, the Owner may elect to deduct the value of work scheduled but not completed from Applications for Payment due. The value of the work will be determined from the Contractor's approved Schedule of Values and may continue until the Contractor has brought the progress of the project back in line with the approved Construction Schedule.

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E. The Water Plant is a critical source of water for the District and shall remain in operation throughout the project. Plant shutdowns that are unavoidable shall be limited to less than one (1) day and shall be coordinated with Engineer and Operator at least two (2) weeks in advance of such work. The Owner reserves the right to delay such work, as necessary, until water interconnects with adjacent district can be opened. Contractor shall not begin electrical modifications until all equipment and materials are on hand and Engineer has authorized such work.

1.03 PROGRESS REPORTING

A. If required by Engineer, monthly progress meetings shall be held on dates mutually agreed to by the Engineer and the Contractor. These meetings may be held at the project site or the Engineer's office as determined by the Engineer. Items discussed at this meeting may include work progress, upcoming work, submittals, applications for payment, inspections, etc.

1.04 USE OF PREMISES

A. Construction equipment and materials may be stored at the Project Site. The Contractor assumes all responsibility for equipment or materials stored at the site. Neither the Owner nor Engineer assume any responsibility for equipment or materials stored at the site.

1.05 OWNER OCCUPANCY

A. During Construction, the Owner must be able to use the existing facilities as much as possible without interruption. If the Owner occupies a part of the project, the one-year maintenance period of the part does not begin. The one-year maintenance period begins only after the Engineer has issued a Certificate of Substantial Completion.

1.06 WASTE MATERIALS DISPOSAL

A. The Contractor must haul off all excess material and dispose of same legally and in a manner not to damage the Owner. All spoils shall be removed from the site.

1.07 RESTORATION

A. The Contractor shall include all ancillary Work to restore all surface features, fences, landscaping, ground cover, streets, access roads, etc. that are disturbed as a result of the Work, to the satisfaction of the Engineer.

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1.08 WORKING HOURS

A. The Work will be taking place in a residential area. Working hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday, except during approved 24-hour operations. The Contractor shall notify the engineer at least 48 hours in advance prior to working weekends or holidays.

1.09 WORK SITE CLEANLINESS

A. The Work Site and surrounding streets must be returned to original condition or better upon completion. Streets shall be cleaned daily as necessary. Should the Owner or Engineer instruct the Contractor to clean the area around the site or streets, the Contractor shall do so by the end of the same working day, otherwise, the Owner may hire a separate Contractor for such work and deduct the cost of same from the amount due the Contractor.

1.10 PERMITS

A. All permits, fees, and licenses necessary for the pursuit of the work shall be obtained and paid for by the Contractor.

1.11 COORDINATION

A. The Contractor is responsible for all coordination with all entities during construction. The Contractor shall contact the Engineer, Chris Burke, P.E. at (713) 828-5553 a minimum of 48-hours before commencing work and 24-hours before any testing, placement of concrete or work on weekends or holidays.

1.12 WATER FOR CONSTRUCTION

A. The Contractor, upon deposit made to District Operator, may obtain a temporary water meter for use during the performance of the Work. Any water used by Contractor in the performance of the Work shall pass through the temporary meter and there will be no charge for such water. Any unmetered water used by Contractor for the project, or any water taken but not used in the performance of the Work shall be considered unauthorized usage and will be subject to the penalties under the District’s Rate Order. All other utilities required for construction are to be provided by the Contractor.

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1.13 SITE SECURITY

A. The Contractor shall maintain site security throughout the project using intruder resistant fencing, permanent or temporary, with a minimum height of eight-feet (8’-0”) or six-feet (6’-0”) plus three (3) strands of barbed wire.

1.14 OTHER

A. The Contractor shall provide temporary sanitary facility (“porta-potty”) at the project site.

Contractor shall provide weekly service for the temporary sanitary facility through the duration of the project, and it shall be removed at the end of the project.

B. The lift station site is limited in size and located adjacent to existing residences. Contractor shall make all effort to minimize impact of construction on neighbors and the general public, including noise, parking of vehicles, and other issues. Contractor shall, at Owner or Engineer’s request, restrict parking of vehicles to the lift station site and provide shuttles for workers from offsite parking areas, if required by the Owner or Engineer.

END OF SECTION

SUBMITTALS

01330-1

SECTION 01330

1.01 SECTION INCLUDES

A. Minimum required submittals.

B. Methods schedules and processes to be followed for Shop Drawings, Product Data, and

Samples.

1.02 REQUIRED SUBMITTALS

A. Before beginning work, Contractor shall submit, at a minimum, the following:

1. Schedule of Values

2. Construction Schedule

3. List of Subcontractors

4. Detailed work plan

5. Concrete & reinforcing steel

6. Natural gas generator

7. Electrical equipment, including enclosures, devices, conduit, wire, etc.

8. Any other such information that may be requested by the Engineer

B. Upon Completion of Construction, Contractor shall submit, at a…