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

FOR BIDDING

PURPOSES ONLY

9-8-26

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

STREET LIGHTING

FOR

GRAND MAGNOLIA PHASE 1

TABLE OF CONTENTS

Page No.

BIDDING REQUIREMENTS

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

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

Bid Form .......................................................................................................................... A-9

CONDITIONS OF THE CONTRACT

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

General Conditions of the Contract ................................................................................ GC-1

Attachment A to the General Conditions of the Contract .............................................. GC-42

Attachment B to the General Conditions of the Contract ............................................... GC-52

Special Conditions of the Contract Part A ...................................................................... SC-1

Special Conditions of the Contract Part B ....................................................................... Page 1 of 4

Performance Bond .......................................................................................................... Page 1 of 3

Payment Bond ................................................................................................................ Page 1 of 4

Maintenance Bond .......................................................................................................... Page 1 of 2

TECHNICAL SPECIFICATIONS

See Construction Plans

WALLER COUNTY MUD NO. 20

Electronic Bids Only, Electronic Signatures

Option, and Remote Public Bid Opening Option Page A-1 April 2026

Date: September 2026

INVITATION TO BIDDERS

Sealed Electronic Bids addressed to Waller County Municipal Utility District No. 20, Attention President, Board of Directors, will be electronically received, until 11:00 a.m. Local Time, Friday, September 18, 2026, and then publicly opened and read at 1575 Sawdust Road, Suite 400, The Woodlands, Texas 77380 for “Construction of Street Lighting for Grand Magnolia Phase 1.” In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via Microsoft Teams. To join via

Microsoft Teams on the web, https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, enter

Meeting ID: 289 198 302 509 286 and Passcode: rQ75nt9V. To join via Microsoft Teams Phone

Conference the number for this call is: 1-832-856-3756. Enter access code 162 090 552# when prompted.

Bids received after the closing time will be returned unopened.

Scope of Work of the Contract Documents includes the following: Construction of Street Lighting for

Grand Magnolia Phase 1.

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.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search Regal

Cove Drive. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

Bidder must submit its Bid and Bid Securities in compliance with Owner’s Order Adopting Section 49.2731

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

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and 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.

4907-8155-3542 v.1

WALLER COUNTY MUD NO. 20 GENERAL CONDITIONS OF THE CONTRACT

General Conditions of the Contract Page GC-1 April 2026

GENERAL CONDITIONS OF THE CONTRACT

TABLE OF CONTENTS

ARTICLE I. DEFINITIONS

ARTICLE II. CONTRACT DOCUMENTS

ARTICLE III. PRELIMINARY MATTERS

ARTICLE IV. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

ARTICLE V. CONTRACTOR’S RESPONSIBILITIES/INDEMNITIES

ARTICLE VI. ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE VII. EXTRA WORK/ CHANGE ORDERS/ CLAIMS

ARTICLE VIII. TESTS AND INSPECTIONS/ DEFECTIVE WORK/ WARRANTY

ARTICLE IX. MINIMUM WAGE RATE SCALE/PRICE FOR WORK/ PAYMENTS TO

CONTRACTOR …………

ARTICLE X. SUBSTANTIAL COMPLETION, PARTIAL USE,

FINAL COMPLETION AND ACCEPTANCE…………………………

ARTICLE XI. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XII. MISCELLANEOUS

ATTACHMENT A – INSURANCE REQUIREMENTS

ATTACHMENT B – MINIMUM WAGE RATE SCALE

ADDENDUM TO THE GENERAL CONDITIONS OF THE CONTRACT

4900-6000-2182 v.1

General Conditions of the Contract Page GC-2 April 2026

GENERAL CONDITIONS OF THE CONTRACT

ARTICLE I. DEFINITIONS

1.01. DEFINITIONS. The following terms shall be defined as described below unless such definition is expressly modified by the Contract Documents. Any capitalized terms used in the Contract Documents not defined in this Section shall have the meaning assigned to such term under the Contract Documents.

a. Bid. The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

b. Bond(s). Performance bonds, maintenance bonds and payment bonds, or any of them, as required by the Contract Documents.

c. Change Order. A document signed by Contractor, Engineer, and Owner and entered into in accordance with the Contract Documents that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time.

d. Claim. A “Claim” is a claim, demand, or assertion by the Contractor seeking for itself or on behalf of a subcontractor or supplier: adjustment or interpretation of any Contract term, including without limitation, adjustment of the Contract Price or Contract Time;

payment of money; relief from obligations; or other relief or recovery with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question asserted by the Contractor (whether for itself or on behalf of a subcontractor or supplier) arising out of or relating to the Contract.

e. Contract. The entire and integrated written agreement between the Owner and Contractor concerning the Work, including the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

f. Contract Documents. The Bid, Contract, Instructions to Bidders, General Conditions, Addendum to the General Conditions, Special and Supplemental Conditions, if any, Technical Specifications, Plans, Change Orders, any written amendment to the Contract signed by Contractor, Engineer, and Owner, Written Work Orders, addenda issued by Engineer, and all other documents designated as incorporated by reference. Documents incorporated by reference are Contract Documents, whether attached or not. Approved Shop Drawings and other Contractor’s submittals, inspections, and reports, such as testing of subsurface and physical or environmental conditions, are not Contract Documents and are not part of the Contract.

g. Contractor. The entity with whom Owner has entered into this Contract.

h. Contractor Parties. The Contractor, and all its subcontractors, suppliers, and their respective agents, representatives, or employees, or any of them.

i. Contract Price. The amount of money stated in the Contract as payable by Owner to Contractor for timely completion of the Work in accordance with the Contract

General Conditions of the Contract Page GC-3 April 2026

Documents, plus or minus any increases or decreases to the initial Contract Price agreed to by Owner as provided by the Contract.

j. Contract Time. The number of days or the dates stated in the Contract to achieve Final Completion, expressed as a number of calendar days or as a reference to the date of Final Completion. If the Contract Time is measured by calendar days, each and every calendar day shall be counted against the Contract Time and the Contract Time will be computed to exclude the first day and include the last day of such period.

k. Contracting Information. The following: 1) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; 2) solicitation or bid documents relating to a contract with a governmental body; 3) communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract; 4) documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and 5) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

l. Engineer. The design consultant so identified in the Contract, or such other firm that Owner may designate, is herein called Engineer and is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

m. Extra Unit Price Items. All extra unit price items or alternate unit price items so specified in the Bid.

n. Extra Work. All Work that may be required by Engineer or Owner to be done by Contractor to accomplish any change, alteration, or addition to the Work shown upon the Plans, implied by the Technical Specifications, or otherwise within the Contract Documents and not covered by Contractor’s Bid. Notwithstanding the foregoing, Extra Unit Price Items or alternate unit price items so specified in the Bid and required by Engineer or Owner as described herein are not included in the definition of Extra Work.

o. Final Acceptance. Action at a formal meeting of the Owner, wherein Owner accepts the completed Project.

p. Final Completion. The date on which the entire Work or an agreed portion thereof is complete in strict conformance with the Contract Documents. If any governmental entity has jurisdiction to approve or accept Contractor’s Work on the Project, or any portion thereof, Final Completion is not achieved unless and until written approval or acceptance of the entity is received, including Final Acceptance by Owner.

q. Force Majeure. Fire, flood, or act of God, earthquakes, hurricanes, tornadoes, epidemics, war, riot, civil disturbance, sabotage, terrorism, governmental or judicial restraint but only to the extent such event: (i) is beyond the control of and cannot be reasonably anticipated by, or the effects alleviated by, the Contractor; and (ii) prevents the

General Conditions of the Contract Page GC-4 April 2026 performance of the Work on the critical path. Events not specifically listed herein shall not constitute events of Force Majeure.

r. Hazardous Environmental Condition. The presence at the Site of asbestos, PCBs, petroleum, hazardous waste, contaminants, or radioactive material in such quantities or circumstances that may present a danger to persons or property exposed thereto in connection with the Work.

s. Indemnified Parties. Owner, Engineer, and the officers, directors, managers, members, employees, agents, and representatives of each such party.

t. Laws and Regulations. Any and all applicable federal, state and local laws, rules, regulations, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction and any and all rules of common law pertaining to the Contractor’s services, the Site, Contractor’s employees and subcontractor’s employees and/or the Work, and those of any other governmental entities with jurisdiction, including, without limitations all applicable laws of the State of Texas, Chapter 411 of the Texas Labor Code, Title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964, The Occupational Safety and Health Act of 1970, The National Environmental Policy Act, The Federal Water Pollution Control Act, The Clean Air Act, The Clean Water Act, The Toxic Substance Control Act, The Resource Conservation and Recovery Act, and all amendments thereof. The agencies charged with the administration and enforcement of the Laws and Regulations include, but are not limited to, the Department of the Interior, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the Environmental Protection Agency, the U.S. Corps of Engineers, the National Fire Protection Association, the U.S.

Geological Survey, the Minerals Management Service, the Texas Commission on Environmental Quality, the county in which the Site is located, and the municipality, as applicable, in whose corporate or extraterritorial jurisdiction the Site is located. Certain specific regulations that may be applicable to the Work are the Occupational Safety and Health Construction and General Industry Standards (29 CFR Part 1926 and 1910), and various environmental regulations.

u. Notice to Proceed. A written notice given by or on behalf of Owner to Contractor fixing the date on which the Contract Time will begin to run and on which Contractor shall start to perform the Work.

v. Owner. The entity so specified in the Contract.

w. Plans. That part of the Contract Documents which graphically shows the scope, extent, and character of the Work to be performed by Contractor.

x. Project. The total construction on the Site, which may include work performed by the Owner or other contractors.

y. Regulatory Agencies. Any and all governmental bodies, agencies, authorities, counties, municipalities, and courts having jurisdiction over the Project.

z. Shop Drawing. All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

General Conditions of the Contract Page GC-5 April 2026

aa. Site. The land or area furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access.

bb. Substantial Completion. The time at which the Work, or any portion thereof, is sufficiently completed in accordance with the Contract Documents so that Owner can occupy the entirety of the Work and put it to the full and unrestricted use for which it was intended, and all required certificates of occupancy and other permits, approvals, licenses, and documents required to occupy the Project by all entities, agencies and governmental authorities having jurisdiction over the Project and/or the operation and occupancy of the Project, as determined by the Engineer, have been given so that the Project may operate for its intended purpose, although the Project may still require minor miscellaneous Work and adjustment. The Work will not be considered substantially complete if: (i) any project systems included in the Work are not operational as designed and scheduled; (ii) designated instructions of Owner, Engineer, or Owner’s other representative in the operation of systems have not been completed; (iii) any final finishes within the Contract Documents are not in place; or (iv) a Certificate of Substantial Completion in the form attached hereto and incorporated by reference herein has not been issued by the Engineer and signed by the Owner, Contractor and Engineer.

The terms “substantially completed” or “substantially complete” as applied to all or part of the Work shall have the same meanings as set forth herein.

cc. Technical Specifications. That part of the Contract Documents, including any written addenda thereto, consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

dd. Work. All obligations of the Contractor under the Contract Documents and all equipment, materials, labor, construction, management, supervision, services, punch list, and activities of every kind and nature, whether commenced or not, or completed or partially completed, undertaken by the Contractor, provided or to be provided by the Contractor, required of the Contractor, or inferable from the Contract Documents to perform and fulfill all of the Contractor’s obligations pursuant to the Contract Documents.

ee. Written Work Order. A written statement to Contractor signed by Owner or Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions. A Written Work Order will not change the Contract Price or Contract Time but is evidence that the parties expect that the Written Work Order will be incorporated in a subsequently issued Change Order following agreement by the parties as to its effect, if any, on the Contract Price or Contract Time.

ARTICLE II. CONTRACT DOCUMENTS

2.01. INTERPRETATION OF CONTRACT DOCUMENTS AND PHRASES.

a. Whenever the words “required,” “permitted,” “designated,” “considered necessary,” “prescribed,” or words of like import are used, it shall be understood that the requirement, permission, order, designation, or prescription of Engineer is intended and similarly, the words “approval,” “acceptable,” or “satisfactory,” or words of like import shall mean approved by, or acceptable to, Engineer.

General Conditions of the Contract Page GC-6 April 2026

b. Whenever in the Technical Specifications or Plans accompanying this Contract, the terms or descriptions of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot from their nature be specifically and clearly described and specified, are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said judgment of said Technical Specifications or Plans shall be decided by Engineer, and said Work shall be done in accordance with Engineer’s interpretations of the meaning of the words, terms, or clauses defining the character of the Work.

c. The parties hereto agree that these Contract Documents shall not be construed against any party hereto on the basis that such party did or did not draft the Contract Documents.

d. The section headings used herein are for convenience only and shall not affect the construction or terms hereof.

e. If there is an irreconcilable conflict between Contract Documents, the more stringent requirement shall control, but except in such event and to avoid such conflict, every construction of provisions shall be that each is in aid to, or supplementary to or complementary of, each other provision, to control and secure for Owner the completion of the entire Work in an expeditious, orderly, and coordinated manner. The precedence, from highest to lowest, shall be in the following order:

1. Contract between Owner and Contractor;

2. Special Conditions of the Contract Part A Technical Specifications and Plans;

3. Special Conditions of the Contract Part B, if any;

4. Addendum to the General Conditions, if any;

5. General Conditions of the Contract.

The most recently issued document takes precedence over previously issued forms of the same document. Modifications take precedence over applicable previously issued documents. Detailed drawings shall take precedence over general drawings. In the event of any discrepancies between the Plans and Technical Specifications, or likewise, in the event of any doubt as to the meaning and intent of any portion of the Contract Documents, including the Technical Specifications or Plans, Engineer shall define that which is intended to apply to the Work.

f. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period.

2.02. EXHIBITS. All Work shall be done, and all materials furnished in strict conformity with the Contract Documents, all of which are hereto attached (or considered as if attached) and are hereby made a part of this Contract.

2.03. ACCURACY. These Contract Documents, including the Technical Specifications, Plans, and Bid, are intended to show all Work to be done and material to be furnished hereunder. If the

Work under the Contract Documents is for a critical infrastructure facility, as defined by

Chapter 59 of the Texas Business and Commerce Code, the following statements in this

General Conditions of the Contract Page GC-7 April 2026

Section apply: Contractor understands and acknowledges that errors may exist in the

Contract Documents and that the Owner does not warrant the accuracy or sufficiency thereof. The Contractor acknowledges that the Contract Documents are sufficiently detailed, accurate and comprehensive to enable Contractor to have adequately estimated and established the Contract Price and to perform the Work within the Contract Time.

2.04. CONTRACTING INFORMATION. If the Contract Price is equal to or greater than $1,000,000, Contractor, pursuant to the Government Code Section 552.372, shall:

a. preserve all Contracting Information related to the Contract Documents as provided by the records retention requirements applicable to the Owner for the duration of the Contract;

b. promptly provide to the Owner any Contracting Information related to the Contract Documents that is in the custody or possession of the Contractor on request of the Owner;

and

c. on Final Completion of the Contract, provide at no cost to Owner all Contracting Information related to the Contract Documents that is in the custody or possession of the Contractor or preserve the Contracting Information related to the Contract Documents as provided by the records retention requirements of the Owner.

ARTICLE III. PRELIMINARY MATTERS

3.01 CONSTRUCTION SCHEDULE. The Contractor shall submit a construction schedule based on critical path method (“CPM”) or other method specifically approved by the Engineer and that is sufficiently accurate during the entire Contract Time to determine if the Contractor is performing on schedule.

Within ten (10) days following the end of each month after Notice to Proceed, or at more frequent intervals when requested by Engineer, the Contractor shall submit an updated and revised schedule; the revision must be current as of the immediate past schedule period. Each element shall be updated to reflect the actual start and stop dates, actual duration and actual number of days worked, anticipated changes to future start and stop dates, and changes due to change in amount of Work or Contract Time. When requested by Engineer, the Contractor will submit only that portion of the CPM submittal required.

Failure to meet any schedule submission dates or to comply with any requested submittal or failure to provide an acceptable submittal will be cause to withhold payment of all or portions of the next scheduled monthly payment or any portions of future monthly payment until an acceptable submittal has been made.

As a minimum, the Contractor shall have available at least one individual with authority to maintain and revise the schedule as needed to reflect the actual and planned work schedule. This individual is to cooperate with Engineer’s staff and be available to discuss the schedule with Engineer’s staff when requested.

3.02 SCHEDULE OF VALUES. If directed by Engineer or the Contract Documents, Contractor shall submit a schedule of values showing the subdivision of the Contract into various items of payment of construction. This schedule of values must state quantities and prices to the smallest common measurement, e.g., cubic yard, pound, linear feet, etc., and will be used as a basis for computing value to the Owner of Work to be paid for in partial payments. Except for Work associated with prices bid as supplemental items listed in the Bid, the schedule of values also will

General Conditions of the Contract Page GC-8 April 2026 be used to determine the value of like or similar work that may be added to or deleted from the Contract Documents. The above-mentioned schedule of values must be in a format and of such detail to be acceptable to the Engineer. No partial payments will be made unless the schedule of values has been submitted by Contractor and accepted by the Engineer. Engineer may require that the schedule of values be cross-referenced to CPM with each item on schedule of values to show which CPM activity corresponds to or includes the item.

3.03 KEEPING PLANS AND SPECIFICATIONS ACCESSIBLE. Contractor shall be furnished with five (5) copies of all Plans and Technical Specifications without expense to Contractor and shall keep one (1) copy of each constantly accessible on the Site.

3.04 SHOP DRAWING SUBMITTALS.

a. Shop Drawing Submittal List. Within fifteen (15) days after the date of the Notice to Proceed, Contractor shall submit for the Engineer’s review a complete Shop Drawing submittal list. The list is to include Shop Drawings for all equipment and manufactured materials to be furnished under this Contract. The list should include, but not be limited to, the following, with each submittal to be numbered with a consecutive numbering system.

1. Name (description) of submittal.

2. Applicable specification number or drawing number.

3. Scheduled submission date.

4. Latest date acceptable submittal required to prevent delay in purchase.

The Engineer may waive all or portions of the submittal requirements for any Shop Drawing on the submittal list. No payment will be made for the Work until the submittal list is accepted by the Engineer.

b. Contractor’s Duties. The Contractor shall review Shop Drawings prior to submittal to verify field measurements, field construction criteria, manufacturer model number, and other pertinent data, to ensure conformance with the Contract Documents, coordination with other submittals, and schedule for submittal and review.

The Contractor shall stamp and sign submittals with stamp which states, “This submittal is certified to be in conformance with Contract Documents unless noted herein.” All submittals without this certification will not be reviewed but will be returned to the Contractor for proper submission. The Engineer will rely on this statement when performing the review of the submittal.

The Contractor shall schedule submittals to allow sufficient time for the review process and to coordinate submittals with the schedule to prevent delay to Work.

The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, product data, samples or similar submittals until the respective submittal has been approved by the Engineer.

General Conditions of the Contract Page GC-9 April 2026

The Work shall be in accordance with approved submittals. Provided, however, the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Engineer’s approval of Shop Drawings, product data, samples or similar submittals unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submittal and (1) the Engineer has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, product data, samples or similar submittals by the Engineer’s approval thereof.

The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, product data, samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In the absence of such written notice, the Engineer’s approval of a resubmission shall not apply to such revisions.

No Work may be performed in connection with fabrication, manufacturer, or purchase of materials or equipment until submittals have been reviewed and marked “No Exception Taken” or “Make Corrections Noted.” Work performed on submittals marked “Make Corrections Noted” must be in accordance with all corrections noted thereon.

The Contractor shall correct submittals and resubmit or shall prepare new submittals for review by Engineer for all submitted items marked “Submit Specified Item,” “Rejected,” or “Revise and Resubmit.” No Claims for extra time or delays will be considered due to time required for review of submittals or resubmittals unless, due to no fault of the Contractor, Engineer does not review the submittals in a timely fashion pursuant to paragraph c, below.

c. Engineer’s Duties. The Engineer shall review submittals as expeditiously as possible, but the amount of time required for review will vary depending on the complexity and quantity of data submitted. All submittal schedules shall allow for at least thirty (30) days for initial review by the Engineer. Failure by the Engineer to timely review a submittal shall not constitute the basis of a Claim except for an adjustment in the Contract Time.

Such review by the Engineer shall be for the sole purpose of determining the general conformity of said Shop Drawings or schedules to the Contract Documents and shall not relieve the Contractor of its duty as an independent contractor as set forth herein, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules or any means or methods reflected thereby, in relation to the safety of either person or property during Contractor’s performance hereunder. The Engineer’s review of drawings will not constitute an acceptance of all dimensions, quantities, and details of the material, equipment, device, or item shown and does not relieve the Contractor from any responsibility for errors or deviations from the Contract requirements.

The Engineer shall clearly mark four (4) copies of submittals with required corrections and shall stamp drawings noting the appropriate action, signature, and date.

d. Form of Submittal. The Contractor must submit four (4) copies of all submittals. One

(1) copy of the appropriately marked submittal will be retained at the Engineer’s office, one (1) copy will be retained at the Engineer’s field office, and two (2) copies will be

General Conditions of the Contract Page GC-10 April 2026 returned to the Contractor for Contractor’s use. The Engineer will not mark additional copies for the Contractor. If the Contractor desires additional copies, they must be marked by the Contractor.

The Contractor shall submit a complete copy of relevant Contract Document items which have been marked by the manufacturer to certify each point of the Contract Document item noting compliance and each point of deviation.

The Contractor must submit relevant literature, catalog cuts, or written descriptive matter backing up all points of the Contract Documents item compliance.

Contractor must submit comparative life cycle, cost, performance, or other data supporting consideration of all points of the Contract Documents item deviation.

All information supplied must be carefully and completely cross-referenced to the relevant Contract Document item requirement.

When required by an individual Contract Document item, the Contractor shall submit written step-by-step test plan for functional checkout and demonstration test of respective equipment. Submissions that do not conform to the form of submittal as outlined herein will not be considered and will be returned to the Contractor for proper submission.

The Contractor must have acceptable Shop Drawings at the Site. Failure of the Contractor to supply acceptable drawings will be deemed sufficient cause for Owner to delay the Work at Contractor’s risk and expense until such drawings are available. This procedure shall not entitle Contractor to an extension of time.

e. Installation Drawings. When required by individual items of the Technical Specifications, the Contractor shall provide, for the Engineer’s use, two (2) copies of installation drawings and instructions consisting of all necessary details required for field assembly, erection, and installation of a particular component of Work, including, but not limited to, unloading and storage instructions, layout/placement drawings, erection sequences, assembly drawings, connection details, and wiring diagrams.

3.05 VARIATIONS AND ALTERNATE DESIGNS. Foundations, structural supports, electrical work, and piping when shown on Plans for items of equipment may be changed by Engineer if necessary to accommodate equipment furnished. Effort has been made to design foundations, structural supports, electrical work, and piping so that no changes not usually and normally encountered in work of the type to be performed hereunder will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations may not be finally determined until the applicable Shop Drawings are submitted to the Engineer. Changes to the Plans or Technical Specifications will be signed and sealed by the Engineer in accordance with applicable laws. Contractor shall make required changes in the Work, after prior consultation with the Engineer, at no cost to Owner.

If substitute items of equipment are authorized which vary materially from those shown on Plans, Contractor shall prepare equipment data and detailed drawings covering necessary modifications and submit to the Engineer for approval. Contractor shall make drawings the same size as Plans and of comparable quality. Contractor shall pay the charges resulting from modifications including engineering charges for checking modifications.

General Conditions of the Contract Page GC-11 April 2026

If alternate design features are proposed for the convenience of the Contractor, the Contractor shall submit design calculations and detailed drawings covering proposed changes and related modifications of the Plans to the Engineer for review. Design calculations and detailed drawings submitted by the Contractor must be signed and sealed by a professional engineer licensed in the State of Texas. The Contractor shall make drawings the same size as the Plans and of comparable quality. Contractor shall pay the charges resulting from modifications, including engineering charges for checking such designs.

ARTICLE IV. SITE ACCESS/ CONDITIONS/ REFERENCE POINTS

4.01 ACCESS AND AVAILABILITY OF LANDS. Except as provided herein, the Owner shall provide, as indicated on the Plans, land upon which the Work is to be done, rights-of-way for access to same, and such other lands which are designated for use of the Contractor. If required, Contractor shall provide, at its own cost, for additional lands and access for temporary construction facilities or storage of materials and equipment.

Contractor shall propose, for Engineer’s review and approval, access roads for moving construction personnel and equipment. The access routes are subject to change by the Engineer, occasioned by the progress of the Work or unforeseen conditions. If routes are changed, Contractor may propose alternate routes. Changes required in haul routes shall not be the basis for extra payment, unless such changes are required by written directive from the Engineer.

Contractor shall, whenever possible, keep all construction traffic out of existing neighborhoods.

Contractor shall keep haul routes clean at all times to the satisfaction of the Engineer and the local governing body having jurisdiction over the haul routes.

4.02 SURVEYING; LINES AND GRADES. The Owner will establish reference points for construction only; the Contractor is responsible for staking from benchmarks and horizontal control references established by Engineer. The Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Engineer. The Contractor shall report to the Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.03 SOILS REPORT. If provided, any soils report and log of borings is available for Contractor’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Contractor is expected to examine the Site and such reports and then decide for itself the character of the materials to be encountered.

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

4.04 SUBSURFACE EXPLORATION. It is not represented that the Plans show all existing storm sewer, sanitary sewer, water, gas, telephone and electrical facilities, and other underground structures. Contractor shall determine the location of these installations in the way of the Work

General Conditions of the Contract Page GC-12 April 2026 by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations.

4.05 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on the Plans, present obstructions to grade and alignment of pipe, Contractor shall immediately notify the Engineer who, without delay, will determine whenever existing improvements are to be relocated or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor will make arrangements with owners of utilities. The Owner will not be responsible for or liable for damages for any delays due to changes made by owners of utilities which hinder progress of any Work. The Owner may, at its sole discretion, determine whether to grant any extension of time and/or additional compensation.

4.06 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS. Contractor shall give prompt written notice to Engineer if any subsurface or physical condition is uncovered or revealed and either: (i) differs materially from that shown or indicated in the Contract Documents or the technical data or related documents; or (ii) is of a highly unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work performed at the location. After receipt of Contractor’s written notice, Engineer will promptly review the condition, determine the necessity of Owner’s obtaining additional exploration or tests and advise Owner in writing of Engineer’s findings and conclusions. Contractor shall not further disturb such condition or perform any Work in connection therewith until receipt of Written Work Order from Engineer to do so. Absent an emergency, any Work performed by Contractor before receiving Engineer’s response will be at the sole expense of the Contractor.

The Contract Price and/or the Contract Time may be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work. Provided, however, Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: (i) Contractor knew, or should have known, of the existence of such conditions at the time Contractor entered into the Contract; (ii) the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site required by the Contract Documents to be conducted prior to Contractor’s entering into the Contract; or (iii) Contractor failed to give the written notice as required. If Owner and Contractor cannot agree on entitlement to, or the amount or extent of, any adjustment in the Contract Price or Contract Time, or both, a Claim may be made.

4.07 ARCHAEOLOGICAL OR HISTORICAL MATERIALS. On discovery of materials with potential archaeological or historical significance, the Contractor shall stop Work and notify the Engineer. The Contractor shall protect the Site from disturbance until it is cleared by the Engineer to resume Work. If the discovery results in a delay exceeding sixty (60) days or more, the Contractor may receive damages for delay, limited to the actual costs of de-mobilization and re-mobilization, without mark-up, and may make a Claim for an extension to the Contract Time.

4.08 HAZARDOUS ENVIRONMENTAL CONDITIONS. Reports identifying Hazardous Environmental Condition are not Contract Documents. Owner and Engineer do not warrant the accuracy or completeness of such documents and disclaim all responsibility and liability for accuracy of investigations and reports prepared by third parties. Owner and Engineer also disclaim any responsibility for Contractor’s interpretation of such reports and tests. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall

General Conditions of the Contract Page GC-13 April 2026 immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby; and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Contractor shall not be required to resume Work in connection with such condition or in any affected area until the affected area is or has been rendered safe for the resumption of Work. Except as provided in this Section, it will not be the Contractor’s duty to provide any required governmental notifications relative to the discovery of Hazardous Environmental Conditions.

4.09 LOSSES FROM UNFORESEEN CIRCUMSTANCES AND CONDITIONS OR NATURAL

CAUSES. Except as specifically provided in the Contract Documents, all loss or damage arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstances or natural causes in the prosecution of the same, or from the soil, subsurface, and other conditions, whether naturally occurring or manmade, or from concealed conditions or unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by Contractor at its own cost and expense. Contractor accepts such risk even for circumstances and conditions that differ materially from those indicated in the Contract Documents, geotechnical report, a review of the Site and surrounding areas or other information furnished by or on behalf of Owner. Accordingly, Contractor shall not be entitled to any additional compensation or time associated with unforeseen circumstances or conditions or natural causes except as specifically allowed by the Contract Documents.

ARTICLE V. CONTRACTOR’S RESPONSIBILITIES/ INDEMNITIES

5.01. INDEPENDENT CONTRACTOR. It is understood and agreed that all Work done by Contractor shall meet with the approval of Owner’s representative but that the detailed manner and method of doing the Work shall be under the control of Contractor as set forth more fully in these General Conditions, Owner being interested only in the result obtained, and that Contractor is an independent contractor as to all Work performed hereunder.

5.02. TIME AND ORDER OF COMPLETION. Time is of the essence of this Contract. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that Contractor shall be allowed to prosecute its Work at such times, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that:

a. In all instances Contractor shall comply with the Contract Documents and the order, time, techniques, sequences, procedures, manner, means and methods of prosecution of the Work shall be such that the Work shall comply with and shall be completed as a whole and in part, in strict accordance with the Contract Documents, including the Plans and Technical Specifications, and within the required time of completion, and Contractor shall have no right to perform any portion of the Work or utilize means, methods, techniques, sequences, procedures or individuals in violation of the Contract Documents or that may damage the Work or decrease the life expectancy of the Project.

b. The exercise of any of the rights and authority granted the Owner in the Contract Documents (including, without limitation, ordering changes in the Work, rejecting proposed means, methods, techniques, sequences or procedures, and directing suspension, rescheduling, re-execution or correction of the Work) shall not be construed as or deemed to be control of, charge of, responsibility for, or an assumption of

General Conditions of the Contract Page GC-14 April 2026

Contractor’s obligations with respect to, such construction means, methods, techniques, sequences, procedures, safety precautions, and programs.

When Owner is having other work done, either by contract or by its own forces, Engineer may prescribe the time and sequence of constructing the Work done under this Contract so that conflict will be avoided, and the various construction being done for Owner shall be harmonized.

With regard only to items (a) and (b), above, any additional schedules or charts furnished;

acquisition of any necessary additional equipment; work hours in excess of those encompassed within Contractor’s normal workday; or performance of certain tasks whether similar or dissimilar to the foregoing shall be done without additional cost to Owner.

5.03. CONTRACTOR’S DUTY AND STANDARD OF CARE. Contractor is an independent contractor and shall give personal attention to the faithful prosecution and completion of the Work and shall be present either in person or by duly authorized representatives on the Site continuously during its progress. Contractor shall exercise the highest degree of skill, care, attention, effort, judgment, and diligence that a professional Contractor would use in the performance of the Work. Contractor warrants that Contractor will: (i) perform, supervise and direct the Work, using the Contractor’s best skill and attention, in a good and workmanlike manner and in the best and most expeditious and economical manner consistent with the interests of the Owner; (ii) utilize its best skill, efforts and judgment in furthering the interests of the Owner; (iii) perform the Work in strict compliance with applicable Laws and Regulations, such that the Work, no later than the time for completion, will comply with applicable Laws and Regulations; (iv) furnish efficient business administration and supervision (all of the foregoing collectively, the “Standard of Care”); and (v) perform the Work in strict accordance with the Contract Documents. If directed by the Engineer, Contractor shall maintain an office on or adjacent to the Site. Regardless of what authority and rights may be assigned by the Owner to the Engineer, Contractor remains fully and solely responsible and liable for its obligations to perform the Work in strict accordance with the requirements of the Contract Documents; to insure against failures in safety precautions; to carry out the Work pursuant to safe methods of construction; to select and fulfill the proper manner, means, and methods in performing the Work in order to fully comply with the Plans, Technical Specifications and other Contract Documents; and to otherwise complete the Work in accordance with the Contract Documents.

5.04. CONTRACTOR’S AGENT. Contractor, during Contractor’s absence from the Site,…