Viridian C2A Townhomes Specs _ Contract Docs.pdf

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

VIRIDIAN C2A Townhomes

FOR

VIRIDIAN

TARRANT COUNTY, TEXAS

OWNER:

VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT

3200 Southwest Freeway Suite 2600

Houston, Texas 77027

(713) 800-8467

DEVELOPER:

VIRIDIAN HOLDINGS, LP

212 West Main Street

Arlington, Texas 76010

(817) 200-6543

ENGINEER:

PARKHILL, SMITH & COOPER, INC. dba. PARKHILL 600 Six Flags Drive, Suite 500

Arlington, Texas 76011

(817) 640-8535

September 2026 08/24/2026

TABLE OF CONTENTS

Section 1. Notice to Bidders

Section 2. Instructions to Bidders

Section 3. Proposal

Addenda, Bid, Bid Bond

Section 4. Contract Documents

Section 5. General Conditions

Section 6. Supplementary Conditions

Section 7. Technical Specifications

Section 8. Payment Bond

Section 9. Performance Bond

Section 10. Maintenance Bond

Section 11. Certificates of Insurance

Section 12 Appendix

Specifications

North Central Texas Council of Governments (NCTCOG) Texas Commission on Environmental Quality (TCEQ) City of Arlington Standards and Specifications

City of Arlington Standard Specifications for Waterworks and Sewage Improvements

City of Arlington Right of Way Management City of Arlington Right of Way Permitting and Construction Manual Oncor Specifications for Electrical Underground Distribution Systems from Padmounted, Transformation, Secondary Service Accounts

SECTION 1

NOTICE TO BIDDERS

NOTICE TO BIDDERS

Viridian Municipal Management District (“OWNER”) will electronically receive bids via Civcast (www.civcastusa.com) for construction of VIRIDIAN –C2A Townhomes Tarrant County, Texas until 10:00 AM local time on the date of September 11, 2026, at which time the bids will be opened and read aloud at the office of Parkhill, Smith & Cooper, Inc. dba Parkhill (formerly Graham Associates, Inc.) (600 Six Flags Dr., Suite 500, Arlington, TX 76011). In addition to the opening of sealed Bids at the address above, you may view the public bid opening via a virtual conference link using Microsoft Teams, which will be provided upon request. Bid results will also be posted on Civcast shortly thereafter. Any proposals received after the closing time will be considered technically deficient and not considered for award.

The project includes paving, grading, storm drainage, water, sanitary sewer, erosion control, pavement markings and signage to be completed in accordance with the plans and specifications for Viridian. A pre-bid conference will be held on September 4, 2026, at 10:00 AM local time at the office of Parkhill (600 Six Flags Dr., Suite 500, Arlington, TX 76011). A virtual conference option will be provided, upon request. Attendance by each prospective bidder or its representative at the pre-bid conference is NOT mandatory.

Each Bid must be accompanied by a Bid bond, certified check, or cashier’s check, acceptable to the Owner, in an amount not less than two percent (2%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

The successful bidder must furnish a performance bond and a payment bond on the forms provided each in the amount of 100% of the Contract price from a surety company licensed by the State of Texas. A maintenance bond to cover 2 years at 100% of the final contract price is required for this project.

Copies of the bidding documents may be viewed and obtained from www.CivcastUSA.com by searching the name of the project above. Bidders must register on this website to view and/or download bidding materials for this Project. There is NO charge to view or download documents.

A bidder submitting electronic bids must submit its Bid and Bid Securities in compliance with Owner’s Order Adopting Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid Security and there is NO charge to submit Bids and Bid Securities on this website.

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which in the District Engineer’s judgment will be most advantageous to the Owner 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 the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

Viridian Municipal Management District

Advertisement Dates: Tuesday, August 25, 2026

Tuesday, September 1, 2026

SECTION 2

INSTRUCTIONS TO BIDDERS

Instructions - 1

INSTRUCTIONS TO BIDDERS

1.0 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the Contract, the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder--The individual or entity who submits a Bid directly to OWNER.

B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

2.0 - COPIES OF BIDDING DOCUMENTS

2.01 Complete digital sets of the Bidding Documents stated in the Notice to Bidders may be obtained from www.CivcastUSA.com : search VIRIDIAN C2A TOWNHOMES

2.02 Complete digital sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3.0 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of OWNER’s request Bidder shall submit written evidence including but not limited to a current certified financial statement; previous experience;

present commitments; and list of available equipment. Bidder must be a licensed contractor in the State of Texas.

4.0 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents.

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B. Digital copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER, ENGINEER, and by owners of such Underground Facilities, including OWNER, or others. Contractor shall verify information provided.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in the Contract Documents. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in the Contract Documents.

4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.06 Reference is made to the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others that relates to the Work for which a Bid is to be submitted.

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

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

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

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

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

D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been identified in the Supplementary Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions;

E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and

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Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

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

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

H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

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

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

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

4.09 The Bidder acknowledges by submission of the Bid that Bidder is solely responsible for the trench excavation safety system as prescribed by the Occupational Safety and Health Administration.

4.10 Provision of Texas Ethics Commission Form 1295 (“Form 1295”) by Bidders:

Effective January 1, 2016, pursuant to Texas Government Code § 2252.908, [Viridian Municipal Management District] (the “District”) may not award the contract to a bidder unless the bidder has provided to the District a completed, signed and notarized Form 1295 that has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to rules adopted by the TEC, the Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the District. The Form 1295 must be provided to the District prior to the award of the contract.

For purposes of completing the Form 1295, the entity’s name is [Viridian Municipal Management District];

the contract ID number is [VMMD-MMDDYY-5XXX1]; and the description of goods and services is [Viridian –C2A TOWNHOME]. Ownership to provide MMDDYY and XXX upon request.

Neither the District nor any of its consultants has the obligation or ability to verify the information included in a Form 1295; and neither the District nor any of its consultants has any obligation, nor does it undertake any responsibility, to advise any bidder as to the proper completion of a Form 1295.

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5.0 - PRE-BID CONFERENCE

5.01 A Pre-Bid conference will be held at the office of ENGINEER. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda, as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

6.0 - SITE AND OTHER AREAS

6.01 The project is Viridian – C2A TOWNHOMES as indicated in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

7.0 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

8.0 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 2% of Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the Contract Documents.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 7 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 60 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

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

Instructions - 5

9.0 - CONTRACT TIMES

9.01 It is understood and agreed between the parties that time is of the essence of the Contract Documents. The time period shall commence ten (10) calendar days following written notification from the Owner or Engineer that the Contractor may begin work as provided in the Contract Documents. The Contractor shall submit completion schedules (w/ Calendar Days) for the following:

Completion Times Required

Calendar Days From

Notice to Proceed

SCHEDULE I – ROUGH GRADING: CALENDAR DAYS 60

SCHEDULE II – UTILITIES: CALENDAR DAYS 60

SCHEDULE III – PAVING: CALENDAR DAYS 90

10.0 - LIQUIDATED DAMAGES

10.01a Schedule I – ROUGH GRADING – It is understood and agreed between the parties hereto that time is of the essence for the Contract, and that for each day of delay beyond the completion date of the construction units in this contract (after due allowance for such extension of time as is provided herein), the contractor shall pay to the OWNER as liquidated damages for each day of such delay the sum of $200.00; it being understood between the parties hereto that such sum shall be treated as liquidated damages and not as penalty, and the OWNER may withhold from the Contractor’s compensation such sums as liquidated damages.

10.01b Schedule II – UTILITIES – It is understood and agreed between the parties hereto that time is of the essence for the Contract, and that for each day of delay beyond the completion date of the construction units in this contract (after due allowance for such extension of time as is provided herein), the contractor shall pay to the OWNER as liquidated damages for each day of such delay the sum of $200.00; it being understood between the parties hereto that such sum shall be treated as liquidated damages and not as penalty, and the OWNER may withhold from the Contractor’s compensation such sums as liquidated damages.

10.01b Schedule III – PAVING – It is understood and agreed between the parties hereto that time is of the essence for the Contract, and that for each day of delay beyond the completion date of the construction units in this contract (after due allowance for such extension of time as is provided herein), the contractor shall pay to the OWNER as liquidated damages for each day of such delay the sum of $200.00; it being understood between the parties hereto that such sum shall be treated as liquidated damages and not as penalty, and the OWNER may withhold from the Contractor’s compensation such sums as liquidated damages.

11.0 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions.

Instructions - 6

12.0 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER, or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER, makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

13.0 - PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents through the Civcast project link.

13.02 All blanks on the Bid forms shall be completed. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

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

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

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

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

The official address of the joint venture must be shown below the signature.

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

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

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13.10 The address and telephone number for communications regarding the Bid shall be shown.

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

14.0 - BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price Contract

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. The Cost of Mobilization shall be included in the unit prices. There will be no separate bid item for mobilization.

B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with the Contract Documents.

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

D. All bid items are estimated quantities. Payment will be based upon actual quantities installed. Additional work may be added at the units prices of the bid proposal. Items may be deleted at no additional expense to the Owner.

The quantities are estimates and may vary over the life of the contract.

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

14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 of these Instructions to Bidders.

14.04 The Owner intends to award Viridian – C2A TOWNHOMES to the lowest acceptable bidder. The OWNER reserves the right to award the contract to any qualified bidder who is deemed the most advantageous for the District as determined by the District Engineer. The bid documents are structured as # bidding schedules, Schedule I – ROUGH GRADING, Schedule II – UTILITIES, and Schedule III – PAVING which the OWNER reserves the right to award each of the aforementioned schedules individually to the most advantageous qualified bidder, or totally as one contract to the most advantageous qualified bidder.

15.0 - SUBMITTAL OF BID

15.01 Each prospective Bidder is furnished one copy of the Bidding Documents. The required upload documents to be submitted through the Civcast bid include the following:

A. Acknowledgement of Receipt of Addendums.

B. Bid Bond.

15.02 A Bid shall be submitted no later than the date and time prescribed via www.CivcastUSA.com, and shall be accompanied by the Bid security and other required documents.

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16.0 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

17.0 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

18.0 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for 150 Calendar Days, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

19.0 - AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder.

OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

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

19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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

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

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19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid the OWNER believes will be most advantageous to the OWNER and result in the best and most economical completion of the project.

19.07 In the case of ambiguity or lack of clearness in stating prices in the Proposal, the OWNER reserves the right to adopt the most advantageous construction thereof to the Owner or to reject the Proposal.

20.0 - CONTRACT SECURITY AND INSURANCE

20.01 Prior to commencing the Work, the Contractor shall furnish to OWNER and DEVELOPER proof of satisfactory carriage of insurance in accordance with the Contract Documents.

A performance bond and a payment bond each for one hundred (100%) percent of the Contract Price will be required in accordance with V.T.C.A., Government Code, Chapter 2253. Each bond must have an attached power of attorney. At least one copy must contain originals. Contractor shall be certified and qualified to complete the Work.

In addition, a maintenance bond for one hundred (100%) of the Contract Price will be required, listing both the OWNER and DEVELOPER as obligees and otherwise meeting the requirements of the Contract Documents. The bond company shall have a minimum rating AAA.

Prior to commencing the work, the Contractor shall furnish to OWNER AND DEVELOPER proof of satisfactory carriage of insurance in accordance with the requirements of the Contract Documents. The following shall be listed as additionally insured: Viridian Municipal Management District; Nehemiah Real Estate Advisor’s, LLC; and its directors and assigns; Robert Kembel, and Howard Porteus; Viridian Holdings, LP; and Graham Associates, Inc.

21.0 - SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 7 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

22.0 - SALES AND USE

22.01 The Contract will be issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. A Certificate of exemption will be provided.

23.0 – RETAINAGE

23.01 Retainage in the amount of 10% of the amount invoiced up to the time of payment will be withheld until final payment. Final payment will be made once all Work is verified substantially complete by the Engineer in accordance with the Contract Documents and after acceptance by the District.

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24.0 – JOB OFFICE AND STAGING AREAS

24.01 At the preconstruction conference, locations at the Site of Work will be designated by the Owner for use by the Contractor(s) for job site trailers, material and equipment storage, construction ingress and egress, etc.

No deviation from these locations shall be allowed without prior approval by the Owner.

25.0 – RESPONSIBILITY FOR DEFECTS DUE TO MATERIALS AND/OR WORKMANSHIP

25.01 The Contract Documents specify the Contractor’s responsibility for defects in materials and/or workmanship.

26.0 – EMPLOYMENT REQUIREMENTS AND WAGE RATES

26.01 The Contract shall be based upon payment by the CONTRACTOR and his subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed (i.e.-Tarrant County), and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The CONTRACTOR shall comply with the requirements of the prevailing wage law of the State of Texas, Revised Civil Statutes, V.T.C.A., Government Code, 2258-001 et seq., including the latest amendments thereto. The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages.

26.02 The CONTRACTOR and each subcontractor shall keep accurate record showing the names and occupations of all laborers, workmen, and mechanics employed, together with the actual wages paid to each worker.

At all reasonable hours, such records shall be open to inspection by a representative of the OWNER.

26.03 In case the CONTRACTOR or any subcontractor fails to comply with the prevailing wage law, by statutory authority the CONTRACTOR shall forfeit to the OWNER $10.00 per day for each laborer, workman, or mechanic who is paid less than the specified rate.

26.04 The CONTRACTOR shall comply with all requirements of the hours or work on public works law of the State of Texas, V.T.C.A., Government Code 605.001 and 605.003, including the latest amendments thereto.

26.05 Pursuant to V.T.C.A., Government Code, 657-001 et seq., the CONTRACTOR shall give preference to employment of honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five years.

SECTION 3

BID PROPOSAL

PROPOSAL

TO: Viridian Municipal Management District c/o Viridian Holdings, LP

2201 E. Lamar Blvd., Suite 115 Arlington, Texas 76006

FOR: Viridian –C2A TOWNHOMES Arlington, Texas

Pursuant to the foregoing "Notice to Contractors", the undersigned bidder, having thoroughly examined the Contract Documents, including plans, specifications, the site of the project and understanding the scope of the work, proposes to furnish all labor, equipment, and materials, necessary to fully complete all of the Work as provided in the plans and Contract Documents and subject to the inspection and approval of the Owner and the City of Arlington, Texas, and binds himself upon acceptance of this Proposal to execute a Contract and furnish an approved Performance Bond, if required and /or Payment Bond if required by the Owner, provide evidence of insurability, and all other information as may be required by the Contract Documents for the performing and completing of said work. In addition, the undersigned bidder, upon acceptance of this Proposal, agrees to furnish a maintenance bond equal to 100% of the Contract Price, listing both the Owner, Viridian Municipal Management District and the Developer, Viridian Holdings, LP as obligees and otherwise meeting the requirements of the Contract Documents. Contractor proposes to do the Work within the time stated and for the following sum.

The undersigned agrees to begin the work covered by these "Contract Documents" for the work upon which he has bid, or as agreed upon with the Owner, no later than ten (10) days following notification to proceed from the Owner, Developer or Engineer. The undersigned also agrees to fully complete the work within the contract time frames shown in Section 9.0 “Contract Times” of the Instruction to Bidders.

Respectfully submitted, COMPANY

DATE:

ADDRESS:

PHONE:

FAX:

SECTION 4

CONTRACT DOCUMENTS

NOTICE

The following blank spaces in the contract are not to be filled in by the bidder at the time of submitting his proposal.

The contract and bond forms are submitted at this time to familiarize the bidder with the form on contracts and bonds that the successful bidder will be required to execute.

CD - 1

STANDARD FORM CONSTRUCTION CONTRACT

This Construction Contract ("Contract") is made and entered into this day of _____________________________,2025, by and between Viridian Municipal Management District (hereinafter "Company" or “Owner”) and (hereinafter "Contractor"). Company and Contractor hereby agree as follows:

1. CONTRACT DOCUMENTS; WORK

This Contract, the Instructions to Bidders (if any), the Invitation to Bidders (if any), the Contractor's Proposal, the drawings and specifications, performance, payment and other bonds, if any, required by this Contract, General Conditions and Supplemental Conditions, if any, the attached exhibits and Change Orders collectively constitute the "Contract Documents".

The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.

The project for which the Work under the Contract Documents is located is in the County of TARRANT, State of TEXAS and is generally situated as shown in Exhibit A attached hereto and described as follows (hereinafter sometimes referred to as “Site”):

Viridian –C2A TOWNHOMES

SEE EXHIBIT "A" FOR DESCRIPTION.

Contract Total: $

Contractor shall complete all Work___________________________________ as specified or indicated in the Contract Documents. The Work is generally described as follows: ________ ___________

Drawings and Specifications for the Work are set forth on Exhibit B attached hereto and made a part hereof. (The description, together with the Drawing and Specifications, are sometimes hereinafter referred to as the “Scope of Work.”)

The Commencement Date as used in Paragraph 7 (“Commencement Date”) is 10 calendar days after Contractor has received notice from the Company to proceed.

The Substantial Completion Date as used in Paragraph 7 (“Substantial Completion Date”) is calendar days following the Commencement Date.

This Contract X provides □ does not provide (check one box) for liquidated damages if the Contractor fails to complete the Work within the Contract Time. If applicable, the amount of the liquidated damages shall be $200.00 per day as set forth in Instruction to Bidders Section 10.01, and the liquidated damages provision set forth in Paragraph 18 shall apply. If no dollar amount is inserted and no box is checked, the Contract shall not have a liquidated damages provision.

Performance and payment bonds X are □ are not (check one box) required under this Contract. If performance and payment bonds are required, the provisions of Paragraph 17 shall apply. Performance and Payment Bonds will be reimbursed at cost.

Maintenance bonds X are □ are not (check one box) required under this Contract. If maintenance bonds are required, the provisions of Paragraph 17 shall apply.

CD - 2

Should there be any conflict between any of the terms and provisions of the Contract Documents which cannot be reconciled, then the following priority shall prevail:

a. Contract Documents

b. General Conditions

c. Supplementary Conditions

d. Addenda, Change Orders or Modifications

e. Specifications

f. Drawings

g. Instructions to Bidders

h. Bid Proposal

2. DEFINITION OF TERMS

As used in the Contract Documents, each of the terms defined in this Paragraph 2 shall have the following meaning:

"Affiliates" shall mean any corporation, partnership, joint venture, limited partnership, limited liability company, or other legal entity, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Company.

"Application for Payment" shall mean the format approved by Company which is to be used by Contractor in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents.

"Claims" shall mean any and all direct or indirect claims, demands, actions, causes of action, suits, rights of recovery for any relief or damages, debts, accounts, damages, costs, losses, liabilities, and expenses (including, without limitation, interest, court costs, attorneys' fees and expenses, and other costs of defense), of any kind or nature relating to or arising out of the Work.

"Contract Price" shall mean the aggregate of all prices for each bid item listed in the Contractor's Proposal which is actually performed, incorporated into the Work and accepted by Engineer, and shall include all amounts due to Contractor computed in accordance with unit prices contained in the Contractor's Proposal for units of the Work actually completed and accepted by Engineer and Company, unless stipulated as a lump sum in the Contractor's Proposal.

"Engineer" shall mean the person (including employees of Company) or firm designated as such by Company, and Engineer's delegates designated from time to time to supervise and coordinate the Work.

"Force Majeure" shall mean the following when beyond the reasonable control of the affected party: acts of God (except as excluded herein) including lightning, fire, storm, flood and earthquake; war; insurrection; riot; strike, picketing, boycott, lockout or other labor disturbance; inability to obtain essential materials; priority allocations of materials; order, restraint or prohibition by the United States of America, any state, or by any board, department, commission or agency either having jurisdiction of the parties hereto or the Work, or jurisdiction over parties supplying labor, material, or any item or items necessary or desirable to performance under the Contract Documents.

Neither rain, snow, ice, nor any other adverse weather condition shall be construed to be an Event of Force Majeure, except for such adverse weather condition which is considered unseasonable and which causes Engineer to determine that, despite the exercise of due diligence and best efforts of Contractor to avoid or overcome the same, continued performance of the Work would be perilous to personnel, equipment and the Work, and would cause the performance limitations of the equipment being used for the performance of the Work to be exceeded.

“Indemnitees” shall mean Company’s Affiliates, subsidiaries, employees, officers, directors, members, representatives and agents.

“Subcontractor” shall mean independent contractors having a direct contract with Contractor to furnish equipment, materials, or labor for the Work and their sub-subcontractors of every tier.

CD - 3

"Work" shall mean all of those personnel, tasks, services, labor, supervision, facilities, structures, materials, equipment, supplies, transportation and all other tangible or material things required to be undertaken, produced, delivered, constructed, installed, or furnished by Contractor or any of its Subcontractors as specified in or reasonably inferable from the Contract Documents and shall include items, services or tasks incidental or preliminary thereto, including procurement of any necessary permits, licenses, or agreements for use of proprietary information, patented methods or equipment, or other matters related to the Work not otherwise furnished by Company.

Work Days and Hours Except as herein specifically provided, no Work at the Site shall be performed during other than normal working days and permitted hours (meaning Monday through Friday, exclusive of federal holidays, and 7:00 a.m. to 6:00 p.m.) without the written permission of Company, except in emergencies endangering life and property, in which case Contractor shall act immediately and shall notify Engineer and Company within twenty-four

(24) hours of such emergency and request the issuance of a Change Order. If Contractor asks for, and receives written permission from Company to schedule Work at other than normal hours, all extra costs, including those for Engineers, shall be borne by Contractor.

3. CONTRACT PRICE

Company shall pay Contractor the Contract Price for the performance of the Work in accordance with the Contract Documents in current funds. Contractor shall be paid the unit prices or lump sum for the Work reflected in the Contractor’s proposal, as amended by change orders approved in writing by the Company (“Change Order”) from time to time.

4. CONTRACTOR'S WARRANTIES

(a) Contractor accepts the relationship of trust and confidence established between it and

Company under this Contract. Contractor agrees to faithfully and fully perform the terms of this Contract, and shall complete the Work free and clear of all liens. Contractor shall, at all times during the progress of the Work, employ enough skilled workmen and have on hand and maintain an adequate supply of materials and equipment to complete the Work in accordance with the time schedule.

(b) Contractor has satisfied itself, by its own independent investigation and study, regarding all the conditions affecting the Site and materials to be furnished; the meaning, intention and sufficiency of the drawings and specifications; and the conditions under which the Work is to be done; and has executed this Contract based solely on such investigation, study and determination made by it, and not in reliance upon any representation by Company or by anyone acting for or on behalf of Company, except as otherwise provided in the Instructions to Bidders and Supplementary Conditions, if any.

(c) Contractor shall comply with all laws, regulations and ordinances applicable to the performance of the Work. Contractor shall be responsible for any fines or penalties assessed against Company as a result of the Work.

5. CONCEALED CONDITIONS

As provided in Paragraph 4, above, Contractor has acquainted itself with all existing conditions and limitations affecting the Work, including, without limitation, all property lines, utility locations, existing improve-ments, elevations, and Site and local conditions, as applicable to the Work. Claims for additional compensation or extensions of time because of the failure of Contractor to familiarize itself with conditions at the Site will not be allowed.

If conditions are encountered at the Site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for the Contract Documents, then notice by the observing party shall be given to the other party promptly before the conditions are disturbed and in no event later than three (3) business days after first observance of the conditions.