Volume 1 - Project Manual (4).pdf

CLAYTON PROPERTIES GROUP, INC.

DBA BROHN HOMES DATE: 07/21/2026

Table of Contents Page 1 of 1

TABLE OF CONTENTS

VOLUME 1: CONTRACT DOCUMENTS & SPECIFICATIONS

1 INVITATION TO BIDDERS

2 INSTRUCTIONS TO BIDDERS

3 BID FORM

4 SAMPLE CONTRACT

5 GENERAL CONDITIONS OF THE CONTRACT

6 ATTACHMENT A TO THE GENERAL CONDITIONS OF THE CONTRACT – INSURANCE

REQUIREMENTS

7 ATTACHMENT B TO THE GENERAL CONDITIONS OF THE CONTRACT – MINIMUM WAGE RATE

SCALE

8 ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT

9 SPECIAL CONDITIONS OF THE CONTRACT – PART A

10 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION

11 PAYMENT BOND

12 PERFORMANCE BOND

13 MAINTENANCE BOND

14 CERTIFICATE OF SUBSTANTIAL COMPLETION

15 SAMPLE ENGINEER’S LETTER CERTIFYING SUBSTANTIAL COMPLETION

16 Form 1295 – Certificate of Interested Parties

TECHNICAL SPECIFICATIONS (INCLUDED BY REFERENCE ONLY)

CITY OF AUSTIN SPECIFICATIONS, NOTES AND DETAILS

VOLUME 2: GEOTECHNICAL INFORMATION

Geotechnical Investigation Pavement Thickness Recommendations – Revised Maxwell Tract (Bluestem) Phase 1, Kyle Texas

Issued by MLA Geotechnical on July 1, 2026

VOLUME 3: CONSTRUCTION PLANS

“Subdivision Construction Plans for Bluestem Phase 1 Hays County, Texas” Issued by Gray Civil, Inc. on July 21, 2026

“Subdivision Construction Plans for Bluestem Phase 2 Hays County, Texas” Issued by Gray Civil, Inc. on July 21, 2026

Invitation to Bidders Page 1 of 2

INVITATION TO BIDDERS

Sealed Bids addressed to HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 12, Attention “President, Board of Directors”, will be received at the office of Gray Civil, Inc., 8834 N Capital of Texas Highway, Suite #140, Austin, Texas, 78759 until 2:30 p.m. Local Time, August 13, 2026, and then publicly opened and read aloud for “BLUESTEM PHASES 1 AND 2”.

In addition to the opening of sealed Bids at the address above, you may call in for the public opening of sealed Bids via Microsoft Teams. Use the call-in information below for the public bid opening.

Meeting ID: 287 261 262 109 487 Conference ID: 223 602 526# Code: 9Qn7V3X9

Phone Number: 929-376-1631

Scope of Work of the Contract Documents includes the following: All items necessary for construction of Phases 1 and 2 including Storm drain, water, and wastewater pipe and appurtenances; Excavation, embankment, limestone base, and paving; Channels, detention pond w/ clay liner, outfall structures, grading, and revegetation; Erosion and sedimentation controls, and Various other improvements.

Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held at the office of Gray Civil, Inc., 8834 N Capital of Texas Highway, Suite #140, Austin, Texas, 78759 at 2:30 p.m. Local Time July 30, 2026. Prospective bidders may also call in for the pre-bid conference via Microsoft Teams, using the information below.

Meeting ID: 284 848 347 680 081 Conference ID: 311 596 359#

Code: wR64tf7x Phone Number: 929-376-1631

Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than 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.

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

Bidding documents may be examined at the office of Gray Civil, Inc., 8834 N Capital of Texas Highway, Suite #140, Austin, Texas 78759 or may be obtained by prospective bidders or suppliers upon payment of One Hundred Fifty Dollars ($150.00 non-refundable plus cost of delivery) for each set of documents.

Checks should be made payable to Gray Civil, Inc. No cash will be accepted. Bidding documents may also be obtained, free of charge, by registering and accessing the project on www.CivcastUSA.com.

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 Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

http://www.civcastusa.com/

Invitation to Bidders Page 2 of 2

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.

Instructions to Bidders Page 1 of 8

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form. See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must be shown together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS.

State contractor license number, if any, must also be shown.

The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.CivcastUSA.com for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. All Addenda issued for this project will be posted on www.CivcastUSA.com. No explanation or interpretation of the Contract Documents, other than written addenda, is binding. Bidders shall acknowledge receipt of all Addenda on the Bid Form.

Instructions to Bidders Page 2 of 8

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

Each bidder must inform itself 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 to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A non-mandatory pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required 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. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents. If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a two-year Maintenance Bond for twenty (20%) percent of the cost of the construction of the improvements that will be owned by Hays County Municipal Utility District No. 12, a two-year Maintenance Bond for ten (10%) percent of the cost of the construction of the improvements that will be owned by Hays County, and a two-year Maintenance Bond for five (5%) percent of the cost of the construction of the improvements that will be owned by Goforth SUD. The successful bidder must also provide maintenance bonds meeting the requirements of any entity or jurisdiction that will own, operate and/or maintain any improvements not owned by the District. The Bonds must be in the form prescribed by the Contract Documents except as required otherwise by Laws and Regulations. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety. Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount. The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such

Instructions to Bidders Page 3 of 8 licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner; Developer, if there is a Special Conditions of the Contract Part B; and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

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

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Instructions to Bidders Page 4 of 8

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value;

however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or hindrance; (iii) when at least seven (7) hours of available working time remain out of the working day; (iv) while materials are drying and it is possible for the Contractor to enclose the area and use drying devices; (v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay; and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (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 despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

Instructions to Bidders Page 5 of 8

13. HOUSE BILL 1295. Provision of Texas Ethics Commission Form 1295 (“TEC Form 1295”) pursuant to Texas Government Code § 2252.908 (the “Interested Party Disclosure Act” or the “Act”): Unless bidder is exempt from such requirements pursuant to Texas Government Code Section 2252.908(c)(4), the Owner may not award the Contract to a bidder unless the bidder has provided to the Owner a completed and signed TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the “TEC”). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed, and provided to the Owner. For purposes of completing the TEC Form 1295, the entity’s name is [Hays County MUD No. 12]; the contract ID number is [Engineering Job No. 1636-11861-1]; and the description of goods and services is [Bluestem Phases 1 and 2]. Neither the Owner nor its consultants have the ability to verify all of Contractor’s information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid. Discrepancies between the multiplication of units and unit prices in a Bid 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 if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the notice of award. Alternate bid items will not be considered unless requested in the bid form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE, AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK, AS OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE, SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER, Instructions to Bidders Page 6 of 8

ENGINEER, DEVELOPER AND THEIR RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS,

REPRESENTATIVES, AND AGENTS (“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1) ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY

BID; (2) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE CONTRACT

DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within ninety

(90) days after the day of the Bid opening. All bidders must honor their Contract Price on their bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner of the notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract. The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code § 151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor, if requested by Contractor in writing, with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption, as limited by applicable statute. In addition, Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to the Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor must include the foregoing provision regarding the exemption from Texas sales and use taxes. Contractor must pay taxes on items that are not exempt.

16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least three (3) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder one (1) set of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER. The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed an https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

Instructions to Bidders Page 7 of 8 d delivered will be deemed to be an original and all of which will constitute one and the same instrument.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract and Special Conditions of the Contract Part B, if attached.

19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.

Owner, Engineer, and Developer, if applicable, disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner, Engineer, and Developer, if applicable, further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of Owner.

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

21. ECONOMIC DISINCENTIVES. The Contractor and the Owner agree that time is of the essence of this Contract. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner. Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the provisions of these General Conditions (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for economic disincentives under Section 49.271(e) of Texas Water Code, in the amount of $1,000 for each such calendar day. The Owner shall have the option to deduct and withhold said amount from

Instructions to Bidders Page 8 of 8 any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s bond.

Bid Form Page i of 25

BID FORM

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient…………………………………………………………………………………………………………………………1

Article 2 – Bidder’s Acknowledgements…………………………………………………………………………………………………1

Article 3 – Bidder’s Representations……………………………………………………………………………….……………………..1

Article 4 – Bidder’s Certification……………………………………………………………………………………………….……………2

Article 5 – Basis of Bid……………………………………………………………………………………………………………………………3

Article 6 – Time of Completion……………………………………………………………………………………………………….……..5

Article 7 – Attachments to This Bid……………………………………………………………..…………………………………………5

Article 8 – Defined Terms………………………………………………………………………………………………………..…………….5

Article 9 – Bid Submittal………………………………………..…………………………………………………………………………..….5

Article 10 – Submittal of Bid Form on Computer Spread Sheet………………………………………………………….…12

Bid Form Page 1 of 25

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Hays County MUD No. 12 c/o Gray Civil, Inc.

8834 N Capital of Texas Highway

Suite #140

Austin Texas 78759

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Addendum Date

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

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

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface

Bid Form Page 2 of 25 or subsurface structures at the Site (except Underground Facilities) as containing reliable

“technical data”.

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

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

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

G. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

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

Engineer is acceptable to Bidder.

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

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

Bid Form Page 3 of 25

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

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

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

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

ARTICLE 5 – BASIS OF BID

Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

All specified cash allowances are included in the price(s) set forth above, and have been computed in accordance with Paragraph 11.02 of the General Conditions. All items shall be priced as complete and in place.

Bid Form Page 4 of 25

BLUESTEM PHASE 1

WATER IMPROVEMENTS

ITEM DESCRIPTION UNIT QTY

UNIT

PRICE

TOTAL

1 8" PVC C-900 DR-18 Potable Waterline, Including Fittings and Appurtenances, All

Depths, Per Linear Foot, Complete and In Place (CIP)

LF 5,153 $0.00

2 10" HDPE Potable Waterline, Including Fittings and Appurtenances, All Depths, Per

Linear Foot, CIP

LF 40 $0.00

3 8" Gate Valve with Box and Cover, Per Each, CIP EA 23 $0.00

4 Fire Hydrant Assembly, Per Each, CIP EA 12 $0.00

5 Automatic Incline Flush Valve, Per Each, CIP EA 7 $0.00

6 8" x 8" Tee, Per Each, CIP EA 8 $0.00

7 8" x 8" Cross, Per Each, CIP EA 2 $0.00

8 1.5" Irrigation Service, All Lengths, Including Meter Box and Cover, Per Each, CIP EA 1 $0.00

9 Hot Tap into Existing 16" Waterline, Per Each, CIP EA 1 $0.00

10 Single Water Service, All Lengths, Including Meter Box and Cover, Per Each, CIP EA 69 $0.00

11 Double Water Service, All Lengths, Including Meter Box and Cover, Per Each, CIP EA 49 $0.00

12 4" Irrigation Sleeves, Per Linear Foot, CIP LF 180 $0.00

13 6" Irrigation Sleeves, Per Linear Foot, CIP LF 180 $0.00

14 Trench Safety System, Per Linear Foot, CIP LF 5,193 $0.00

WATER IMPROVEMENTS SUBTOTAL $0.00

WASTEWATER IMPROVEMENTS

UNIT

PRICE

TOTAL

15 8" PVC SDR-26 Gravity Wastewater Line, All Depths, Including Appurtenances, Per

Linear Foot, CIP

LF 4,105 $0.00

16 8" PVC 160 PSI Pressure Pipe, Including Appurtenances, All Depths, Per Linear

Foot, CIP

LF 180 $0.00

17 12" PVC SDR-26 Gravity Wastewater Line, All Depths, Including Appurtenances, Per

Linear Foot, CIP

LF 148 $0.00

18 4' Dia. Standard Wastewater Manhole, Per Each, CIP EA 19 $0.00

19 5' Dia. External Drop Wastewater Manhole, Per Each, CIP EA 1 $0.00

20 Extra Depth 4' Dia. Manhole Extension, Per Vertical Linear Foot, CIP VLF 51 $0.00

21 Extra Depth 5' Dia. Manhole Extension, Per Vertical Linear Foot, CIP VLF 6 $0.00

22 Single Wastewater Service, All Lengths, Per Each, CIP EA 79 $0.00

23 Double Wastewater Service, All Lengths, Per Each, CIP EA 44 $0.00

24 Trench Safety System, Per Linear Foot, CIP LF 4,433 $0.00

WASTEWATER IMPROVEMENTS SUBTOTAL $0.00

Bid Form Page 5 of 25

DRAINAGE IMPROVEMENTS

UNIT

PRICE

TOTAL

25 18" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 1,255 $0.00

26 24" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 1,024 $0.00

27 30" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 1,312 $0.00

28 36" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 506 $0.00

29 4'x3' RCB, All Depths, Per Linear Foot, CIP LF 55 $0.00

30 4'x4' Reinforced Concrete Box Manhole, Per Each, CIP EA 7 $0.00

31 5'x5' Reinforced Concrete Box Manhole, Per Each, CIP EA 4 $0.00

32 6'x6' Reinforced Concrete Box Manhole, Per Each, CIP EA 1 $0.00

33 4'x4' Grate Inlet, Per Each, CIP EA 1 $0.00

34 5' Standard Stormwater Curb Inlet, Including Transition Curb, Per Each, CIP EA 13 $0.00

35 10' Standard Stormwater Curb Inlet, Including Transition Curb, Per Each, CIP EA 14 $0.00

36 15' Standard Stormwater Curb Inlet, Including Transition Curb, Per Each, CIP EA 1 $0.00

37 Trench Safety System, Per Linear Foot, CIP LF 3,447 $0.00

DRAINAGE IMPROVEMENTS SUBTOTAL $0.00

EROSION CONTROL IMPROVEMENTS

UNIT

PRICE

TOTAL

38 Silt Fence, Including Installation, Maintenance and Removal, Per Linear Foot, CIP LF 3,328 $0.00

39 Inlet Protection, Including Installation, Maintenance and Removal, Per Each, CIP EA 29 $0.00

40 Restoration and Revegetation, Including Topsoil, Hydromulch, Fertilizer and Water, Per Square Yard, CIP

SY 8,314 $0.00

41 Stabilized Construction Entrance, Per Each, CIP EA 2 $0.00

42 Demo Existing Structures, Per Lump Sum, CIP LS 1 $0.00

43 Stormwater Pollution Prevention Plan (SWPPP), Per Lump Sum, CIP LS 1 $0.00

EROSION CONTROL IMPROVEMENTS SUBTOTAL $0.00

CLEARING & GRADING IMPROVEMENTS

UNIT

PRICE

TOTAL

44 Clearing and Grubbing (Outside ROW), Per Acre, CIP AC 29.10 $0.00

45 Excavation (Outside ROW), Not Including Channels or Pond, Per Cubic Yard, CIP CY 15,283 $0.00

46 Embankment (Outside ROW), Not Including Channels or Pond, Per Cubic Yard, CIP CY 55,865 $0.00

47 Materials Testing for Moisture Conditioning, Per Lump Sum, CIP LS 1 $0.00

CLEARING & GRADING IMPROVEMENTS SUBTOTAL $0.00

Bid Form Page 6 of 25

STREET IMPROVEMENTS

ITEM DESCRIPTION UNIT QTY

UNIT

PRICE

TOTAL

48 Subgrade Preparation, Including Sprinkling, Blading and Rolling, Per Square Yard, CIP

SY 24,099 $0.00

49 10" Compacted Flex Base Material, Including Sprinkling, Rolling and Grading, Per

Square Yard, CIP

SY 22,971 $0.00

50 8" Lime Stabilized Subgrade, Including Mixing, Curing, Compacting and Finishing, Per Square Yard, CIP

SY 22,971 $0.00

51 Geogrid (Tensar HX-145), Per Square Yard, CIP SY 22,971 $0.00

52 2" Type D HMAC Pavement, Per Square Yard, CIP SY 17,737 $0.00

53 6" Reinforced Concrete Pavement, Including Structural Reinforcement (Alley), Per

Square Yard, CIP

SY 1,128 $0.00

54 Standard 6" Concrete Curb and Gutter, Per Linear Foot, CIP LF 8,802 $0.00

55 18" Ribbon Curb, Per Linear Foot, CIP LF 1,432 $0.00

56 Header Curb, Per Linear Foot, CIP LF 285 $0.00

57 Pedestrian Ramps, Including Concrete Landing, Truncated Domes, Flares and

Transition Curb, Per Each, CIP

EA 24 $0.00

58 4' Concrete Sidewalk, Per Square Yard, CIP SY 514 $0.00

59 Type II Driveway, Per Each, CIP EA 6 $0.00

60 Concrete Valley Gutter, Per Each, CIP EA 5 $0.00

61 Street End Barricades, Per Each, CIP EA 10 $0.00

62 Sawcut and Tie into Existing Pavement, Per Each, CIP EA 1 $0.00

63 Clearing and Grubbing (Within ROW), Per Acre, CIP AC 12.70 $0.00

64 Excavation (Within ROW), Not Including Channels or Pond, Per Cubic Yard, CIP CY 15,351 $0.00

65 Embankment (Within ROW), Not Including Channels or Pond, Per Cubic Yard, CIP CY 13,632 $0.00

66 Traffic Signage, Including Signs & Striping, Per Lump Sum, CIP LS 1 $0.00

STREET IMPROVEMENTS SUBTOTAL $0.00

TURN LANES IMPROVEMENTS

UNIT

PRICE

TOTAL

67 Subgrade Preparation, Including Sprinkling, Blading and Rolling, Per Square Yard, CIP

SY 2,167 $0.00

68 10" Compacted Flex Base Material, Including Sprinkling, Rolling and Grading, Per

Square Yard, CIP

SY 1,830 $0.00

69 8" Lime Stabilized Subgrade, Including Mixing, Curing, Compacting and Finishing, Per Square Yard, CIP

SY 2,167 $0.00

70 Geogrid (TXDOT Type 2), Per Square Yard, CIP SY 2,167 $0.00

71 4" Type D HMAC Pavement, Per Square Yard, CIP SY 1,493 $0.00

72 Traffic Control Plan, Per Lump Sum, CIP LS 1 $0.00

73 Demo of Existing Pavement, Per Lump Sum, CIP LS 1 $0.00

Bid Form Page 7 of 25

74 Sawcut and Remove Existing Shoulder, Per Linear Foot, CIP LF 1,020 $0.00

75 Clearing and Grubbing, Per Acre, CIP AC 0.30 $0.00

76 Excavation, Per Cubic Yard, CIP CY 5 $0.00

77 Embankment, Per Cubic Yard, CIP CY 190 $0.00

78 Traffic Signage, Including Signs & Striping, Per Lump Sum, CIP LS 1 $0.00

TURN LANES IMPROVEMENTS SUBTOTAL $0.00

COMMON IMPROVEMENTS PHASE 1

UNIT

PRICE

TOTAL

79 8" PVC C-900 DR-18 Potable Waterline, Including Fittings and Appurtenances, All

Depths, Per Linear Foot, CIP

LF 679 $0.00

80 12" PVC C-900 DR-18 Potable Waterline, Including Fittings and Appurtenances, All

Depths, Per Linear Foot, CIP

LF 1,487 $0.00

81 14" HDPE DIPS DR 11 Potable Waterline, Including Fittings and Appurtenances, All

Depths, Per Linear Foot, CIP

LF 216 $0.00

82 24" HDPE DIPS DR 13.5 Potable Waterline, Including Fittings and Appurtenances, All Depths, Per Linear Foot, CIP

LF 156 $0.00

83 8" Gate Valve with Box and Cover, Per Each, CIP EA 5 $0.00

84 12" Gate Valve with Box and Cover, Per Each, CIP EA 1 $0.00

85 12" Butterfly Valve, Per Each, CIP EA 2 $0.00

86 Fire Hydrant Assembly, Per Each, CIP EA 5 $0.00

87 Air Release Valve, Per Each, CIP EA 1 $0.00

88 Automatic Incline Flush Valve, Per Each, CIP EA 3 $0.00

89 8" x 12" Tee, Per Each, CIP EA 1 $0.00

90 8" x 12" Cross, Per Each, CIP EA 1 $0.00

91 1.5" Irrigation Service, All Lengths, Including Meter Box and Cover, Per Each, CIP EA 3 $0.00

92 Hot Tap into Existing 16" Waterline, Per Each, CIP EA 1 $0.00

93 Double Water Service, All Lengths, Including Meter Box and Cover, Per Each, CIP EA 3 $0.00

94 4" Irrigation Sleeves, Per Linear Foot, CIP LF 656 $0.00

95 6" Irrigation Sleeves, Per Linear Foot, CIP LF 656 $0.00

96 Trench Safety System, Per Linear Foot, CIP LF 2,382 $0.00

UNIT

PRICE

TOTAL

97 8" PVC SDR-26 Gravity Wastewater Line, All Depths, Including Appurtenances, Per

Linear Foot, CIP

LF 879 $0.00

Bid Form Page 8 of 25

98 8" PVC 160 PSI Pressure Pipe, Including Appurtenances, All Depths, Per Linear

Foot, CIP

LF 80 $0.00

99 12" PVC SDR-26 Gravity Wastewater Line, All Depths, Including Appurtenances, Per

Linear Foot, CIP

LF 1,321 $0.00

100 12" PVC 160 PSI Pressure Pipe, Including Appurtenances, All Depths, Per Linear

Foot, CIP

LF 20 $0.00

101 16" Steel Encasement, Including 8" Carrier Pipe, Carrier Pipe Spacers, and End

Seals, Per Linear Foot, CIP

LF 112 $0.00

102 4' Dia. Standard Wastewater Manhole, Per Each, CIP EA 3 $0.00

103 4' Dia. Bolted Wastewater Manhole, Per Each, CIP EA 5 $0.00

104 5' Dia. Bolted Standard Wastewater Manhole, Per Each, CIP EA 1 $0.00

105 5' Dia. External Drop Wastewater Manhole, Per Each, CIP EA 2 $0.00

106 Extra Depth 4' Dia. Manhole Extension, Per Vertical Linear Foot, CIP VLF 45 $0.00

107 Extra Depth 5' Dia. Manhole Extension, Per Vertical Linear Foot, CIP VLF 30 $0.00

108 Single Wastewater Service, All Lengths, Per Each, CIP EA 3 $0.00

109 Double Wastewater Service, All Lengths, Per Each, CIP EA 2 $0.00

110 Trench Safety System, Per Linear Foot, CIP LF 2,412 $0.00

UNIT

PRICE

TOTAL

111 18" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 327 $0.00

112 30" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 805 $0.00

113 36" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 299 $0.00

114 48" RCP Class III Storm Sewer, All Depths, Per Linear Foot, CIP LF 373 $0.00

115 4'x3' RCB, All Depths, Per Linear Foot, CIP LF 301 $0.00

116 7'x6' RCB, All Depths, Per Linear Foot, CIP LF 508 $0.00

117 8'x8' RCB, All Depths, Per Linear Foot, CIP LF 870 $0.00

118 5'x5' Reinforced Concrete Box Manhole, Per Each, CIP EA 1 $0.00

119 6'x6' Reinforced Concrete Box Manhole, Per Each, CIP EA 1 $0.00

120 4'x4' Area Inlet, Per Each, CIP EA 2 $0.00

121 10' Standard Stormwater Curb Inlet, Including Transition Curb, Per Each, CIP EA 7 $0.00

122 Channel A - 2' - 5' Wide Grass Lined Channel, Trapezoidal grassy Bottom Channel

W/ 3:1 Side Slopes Including Cut / Fill, Revegetation, Concrete Lined Trickle

Channel, Per Linear Foot, CIP

LF 2,040 $0.00

123 Channel B - 15' Wide Grass Lined Channel, Trapezoidal grassy Bottom Channel W/

3:1 Side Slopes Including Cut / Fill, Revegetation, Per Linear Foot, CIP

LF 225 $0.00

124 Channel C - 5' Wide Grass Lined Channel, Trapezoidal grassy Bottom Channel W/

3:1 Side Slopes Including Cut / Fill, Revegetation, Per Linear Foot, CIP

LF 226 $0.00

125 18" Headwall W/ Dissipators, Per Each, CIP EA 1 $0.00

Bid Form Page 9 of 25

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