Biedenharn Pump _ Tank Ph 2 Construction Contract.pdf

BIEDENHARN PUMP STATION &

TANK SITE PHASE II

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR CONSTRUCTION

OWNER:

KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3A

1330 POST OAK BOULEVARD, SUITE 2650

HOUSTON, TEXAS 77056

DEVELOPER:

PULTE HOMES OF TEXAS, LP

927 E. SONTERRA BLVD, SUITE 316

SAN ANTONIO, TEXAS 78259

PREPARED BY:

CUDE ENGINEERS

4122 POND HILL ROAD, SUITE 101

SAN ANTONIO, TEXAS 78231

TBPE REGISTRATION NO. 455

TBPLS NO. 10048500

September 2026

TABLE OF CONTENTS

I. INVITATION TO BIDDERS

II. INSTRUCTIONS TO BIDDERS

III. BID

IV. AGREEMENT

V. GENERAL CONDITIONS TO THE CONTRACT

VI. SPECIAL CONDITIONS TO THE CONTRACT

VII. SALES TAX EXEMPTION

VIII. PAYMENT BOND

IX. PERFORMANCE BOND

X. MAINTENANCE BOND

INVITATION TO BIDDERS

Sealed Bids, in duplicate, addressed to Kendall County Water Control and Improvement District No. 3A, will be electronically received, until 2:00 p.m. Local Time, October 6, 2026, and then publicly opened and read for

Biedenharn Pump Station & Tank site Phase II for Kendall County Water Control and Improvement District No. 3A, Kendall County, Texas at the office of Cude Engineers at 4122 Pond Hill Road, Suite 101, San Antonio, Texas 78231.

Bids received after the closing time will not be considered.

Scope of Work of the Contract includes the following: The installation of hydropneumatic tank, ground storage tank, booster pumps, and appurtenances for the expansion of an existing water facility.

A NON-MANDATORY pre-bid conference will be held on September 21, 2026, at 2:00 p.m. at the office of Cude

Engineers at 4122 Pond Hill Road, Suite 101, San Antonio, Texas 78231. In addition, the pre-bid meeting may be attended virtually through Microsoft Teams. To join via Microsoft Teams, use the following link https://teams.microsoft.com/meet/279520565059272?p=O32Mb9sBhP9aEg8xZl Meeting ID: 279 520 565 059 272, Passcode: SG7bg74P

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 within seven (7) days after the date Contract Documents are received by the Contractor.

Copies of the bidding documents may be obtained from www.CivcastUSA.com: search Biedenharn Pump Station

& Tank site Phase II. 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.

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

Signature Rules for Construction Contracts.

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

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

KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3A

https://teams.microsoft.com/meet/279520565059272?p=O32Mb9sBhP9aEg8xZl http://www.civcastusa.com/

BIEDENHARN PUMP STATION & TANK SITE PHASE II – INSTRUCTIONS TO BIDDERS

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 Form, Bid Security, and Addenda acknowledgements 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 system or directly to the Engineer (jmckinnie@cudeengineers.com and wmurphy@cudeengineers.com) not less than seven (7) calendar days (September 29, 2026 @ 5:00 PM) before the Bid opening. If appropriate, http://www.civcastusa.com/ mailto:jmckinnie@cudeengineers.com answers to these requests will be given, in writing, to all bidders as addenda to the Contract

Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

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 NON-MANDATORY 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 one-year

(1) Maintenance Bond for ten (10) percent of the cost of the construction of the improvements that will be owned by Owner; 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 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”.

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, as requested, within five (5) calendar days of notification of award of the Contract, a written statement of qualifications. The selected bidder must provide references and demonstrate to the

Owner that the low bidder has started and successfully completed three (3) similar projects in the San

Antonio MSA over the past five (5) years. Selected bidder will be required to provide, at a minimum, the name of the project, scope of work, and Client name with contact information. Failure to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. 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.

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

Kendall County Water Control and Improvement District No. 3A; the contract ID number is

R03481.018.0; and the description of goods and services is BIEDENHARN PUMP STATION & TANK SITE

PHASE II. 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. BIDDERS SHOULD SUBMIT

THEIR TEC FORM 1295 WITH THEIR BID. THE CONTRACT WILL NOT BE AWARDED TO A BIDDER UNLESS

A TEC FORM 1295 HAS BEEN COMPLETED BY THE BIDDER.

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, 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 sixty

(60) days after the day of the Bid opening. All bidders must honor the 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. SKIPPED

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 and delivered will be deemed to be an original and all of which will constitute one and the same instrument. Electronic Signatures, as defined by and in accordance with the Owner’s Order Adopting

Electronic Signature Rules for Construction Contracts, will be deemed original signatures for purposes of the Contract Documents and all matters related thereto, with such Electronic Signatures having the same legal effect as physical, wet-ink signatures. Owner; Engineer; Contractor; and Developer, if there is a Special Conditions of the Contract Part B, agree that the Contract Documents may be accepted, executed, or agreed to using an Electronic Signature. Any document accepted, executed, or agreed to in conformity with such Order is binding on Owner, Engineer, Contractor, and Developer, if applicable, the same as if it were physically executed, and Owner, Engineer, Contractor, and Developer, if applicable, each hereby consent to the use of any third-party electronic signature capture service provider that may be chosen by Owner or Engineer. Notwithstanding the foregoing, all Bonds must be provided to Owner either as a physical, wet-ink original, or in the form of a certified and complete copy of such Bond, which may be provided to Owner in electronic form, such as a .pdf file.

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.

https://www.lawinsider.com/clause/counterparts-and-electronic-signatures

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. LIQUIDATED DAMAGES. The Contractor and the Owner agree that with regard to all dates, time periods, and deadlines set forth or referred to in this Contract, time is of the essence. 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, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach is incapable or very difficult of ascertainment. 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 terms of the Contract (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 liquidated damages in the amount of $500 for each such calendar day, which sum the parties agree is a reasonable forecast of just compensation for the damages the Owner will sustain per day that the Work remains uncompleted. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s Bond.

BIEDENHARN PUMP STATION & TANK SITE PHASE II – CONTRACT

CONTRACT

STATE OF TEXAS }

COUNTY OF }

THIS CONTRACT (“Contract”) is made and entered into this day of

, 20 by and between Kendall County Water Control and

Improvement District No. 3A (the “Owner”) and of the City of , County of , and State of

, hereinafter termed “Contractor.”

All capitalized terms used herein shall be given the meanings set forth in the General Conditions of the

Contract. Cude Engineers shall be referred to herein as the “Engineer.”

For and in consideration of the mutual covenants hereinafter set forth, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor and Owner hereby agree as follows:

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

BIEDENHARN PUMP STATION & TANK SITE PHASE II for Kendall County Water Control and

Improvement District No. 3A

_Kendall__ County, Texas, according to those Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all Extra Work in connection therewith, under the terms as stated in the Contract Documents, and, at Contractor’s own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Work, in accordance with the conditions and prices stated in the Bid attached hereto and in accordance with the Contract Documents. Contractor represents and warrants to the Owner that it has carefully examined this Contract and all Contract Documents and is thoroughly familiar therewith.

The Contractor hereby agrees to begin work within ten (10) calendar days after the written Notice to

Proceed has been given by the Engineer. Contractor hereby also agrees to achieve Substantial

Completion of the Work within _365_ calendar days after the date of the written Notice to Proceed and to achieve Final Completion of the Work within 30 calendar days after Substantial Completion.

Owner agrees to pay Contractor for completion of the Work in accordance with the Contract Documents for the initial Contract Price of ___________________ ($____________), plus or minus any increases or decreases to the initial Contract Price as provided by the Contract Documents. Contractor will be paid in current funds for the performance of the Contract in accordance with the Bid submitted therefor, subject to additions and deductions as allowed by the Contract Documents and, if applicable, approved by Change Order under the Contract Documents, and to make payments on account thereof as

BIEDENHARN PUMP STATION & TANK SITE PHASE II – CONTRACT

provided therein. If included as Special Conditions of the Contract Part B, the Developer shall act as

“Owner” for the purposes of all payments.

IN WITNESS WHEREOF, the parties to these presents have executed this Contract in the year and day first above written.

Kendall County Water Control and Improvement District No. 3A

“Owner”

By: By:

Name: Name:

Title: Title:

[CONTRACTOR]

“Contractor”

By:

Name:

Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

ALL BIDDERS MUST SUBMIT THEIR TEC FORM 1295 WITH THEIR BID. THE OWNER WILL NOT AWARD THE

CONTRACT WITHOUT THE COMPLETED TEC FORM 1295 NOTED IN THE INSTRUCTIONS TO BIDDERS.

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

KENDALL CO WCID NO 3

BIEDENHARN PUMP STATION AND TANK SITE PHASE II

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT BID PRICE EXTENDED AMOUNT

1 Move-In and Start-Up Including

Performance and Payment Bonds For 100

Percent (100%) Of the Contract Amount as Required to Begin Construction, Clearing, Grubbing, And Site Preparation

1 Lump sum

2 Furnish And Install 600,000 Gallon

Ground Storage Tank and Associated

Appurtenance, Per Plans and

Specifications, Complete in Place, Ready for Use by The Owner

1 Each $ - $ -

3 Furnish And Install 1.5 Hp In-Tank Mixer and Associated Appurtenance, Per Plans and Specifications, Complete in Place, Ready for Use by The Owner

1 Each $ - $ -

4 Install Client provided 8,000 Gallon Hydro

Tank and Associated Appurtenance, Per

Plans and Specifications, Complete in

Place, Ready for Use by The Owner

1 Each $ - $ -

5 Furnish And Install 600 gpm Booster

Pump and Associated Appurtenance, Per

Plans and Specifications, Complete in

Place, Ready for Use by The Owner

1 Each $ - $ -

6 Furnish and Install 1/2” Air Release Valves on all existing and proposed 600 gpm booster pumps located at the booster pump pad, per Plans and Specifications, Complete in Place, Ready for use by

Owner

3 Each $ - $ -

7 Furnish and Install 1” Air Release Valves on existing 1,200 gpm booster pump located at the booster pump pad, per

Plans and Specifications, Complete in

Place, Ready for use by Owner

1 Each $ - $ -

8 Furnish And Install the Hydro Tank

Concrete Foundation, Per Plans and

Specifications, Complete In Place, Ready

For Use By The Owner

1 Lump sum

BID FORM (SCHEDULE OF VALUES)

BIDDER SIGNATURE ___________________________________

PAGE 1 OF 3 9/3/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT BID PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

9 Furnish And Install 5 Hp Air Compressor and Associated Appurtenance, Per Plans and Specifications, Complete in Place, Ready for Use by The Owner

1 Each $ - $ -

10 Furnish And Install 25 Gallon Chemical

Tanks and Associated Appurtenance, Per

Plans and Specifications, Complete in

Place, Ready for Use by The Owner

2 Each $ - $ -

11 Furnish And Install 16 Inches Gate Valve with Box and Associated Appurtenance, Per Plans and Specifications, Complete in

Place, Ready for Use by The Owner

3 Each $ - $ -

12 Furnish And Install 24 Inches Gate Valve with Box and Associated Appurtenance, Per Plans and Specifications, Complete in

Place, Ready for Use by The Owner

2 Each $ - $ -

13 Furnish And Install 4 Feet By 4 Feet

Junction Box and Associated

Appurtenance, Per Plans and

Specifications, Complete in Place, Ready for Use by The Owner

1 Each $ - $ -

14 Furnish And Install Yard Piping and

Associated Fittings, Per Plans and

Specifications, Complete in Place, Ready for Use by The Owner

1 Lump sum

15 Furnish And Install 1 Inch Yard Piping for

Air Compressor and Chemical Room, Per

Plans and Specifications, Complete in

Place, Ready for Use by The Owner

1 Lump sum

16 Furnish And Install 2 Inch By 4 Inch

Galvanized Wire Garden Fencing in The

Drainage Area at Northeast of Facility, Per Plans and Specifications, Complete in

Place, Ready for Use by The Owner.

Contractor To Provide the Design for

Engineer's Approval.

1 Lump sum

PAGE 2 OF 3 9/3/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT BID PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

17 Furnish And Install All Electrical

Equipment and Instrumentation including but not limited to Wiring, Conduits, Analyzers, Panels, And

Associated Appurtenance, Per Plans and

Specifications, Complete in Place, Ready for Use by The Owner

1 Lump sum

18 Misc Including Local/State Permitting

Allowance, Grading, Pavement, And

Access Drive, Ready for Use by The Owner

1 Lump sum

19 Material Testing and Facility Start-Up, As

Per Plans and Specifications, Ready for

Use by The Owner

1 Lump sum

$ - TOTAL BID AMOUNT

PAGE 3 OF 3 9/3/2026

BIEDENHARN PUMP STATION & TANK SITE PHASE II – GENERAL CONDITIONS OF THE CONTRACT

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 & ACCEPTANCE

ARTICLE XI. SUSPENSION OF WORK/ TERMINATION/ DEFAULT

ARTICLE XII. MISCELLANEOUS

ATTACHMENT A – INSURANCE REQUIREMENTS

ATTACHMENT B – MINIMUM WAGE RATE SCALE

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

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 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.

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…