FWU3 Contract.pdf

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 Flying W Municipal Utility District, will be electronically received, until 2:00 p.m. Local Time, July 30, 2026, and then publicly opened and read for “Flying W Unit 3 for Flying W Municipal

Utility District, Comal County, Texas” at the office of CUDE Engineers at 1290 Wonder World Drive, Suite 1240, San

Marcos, TX 78666. To electronically submit your bid package visit www.CivcastUSA.com: search Flying W Unit 3:

then click “Bid.” Bids received after the closing time will not be considered. 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, use link https://teams.microsoft.com/meet/292419483260617?p=J3uFn7smpCp9rCDMdO

Meeting ID: 292 419 483 260 617 Passcode: hr6Hb9PQ.

Scope of Work of the Contract includes the following: The installation of site clearing & grading, sedimentation & erosion control, street drainage, sanitary sewer, water, and dry utility infrastructure for a 71-lot single-family residential subdivision and site civil improvements for an amenity center.

A NON-MANDATORY pre-bid conference will be held on July 14, 2026, at 2:00 p.m. virtually on Microsoft Teams by using the following link https://teams.microsoft.com/meet/279720686359648?p=sOE23bmrRIQDBU6e4z

Meeting ID: 279 720 686 359 648 and Passcode: PY6Hu6dL.

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 Flying W Unit 3. 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.

A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Owner’s Order

Adopting Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid Security and there is no charge to submit Bids and Bid Securities on this website.

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

Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except 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.

FLYING W MUNCIPAL UTILITY DISTRICT

https://nam10.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fmeet%2F292419483260617%3Fp%3DJ3uFn7smpCp9rCDMdO&data=05%7C02%7Cjmckinnie%40cudeengineers.com%7Ca114958538974b1b40e408ded2edfff2%7C6a0165e09ff642de9a7f6bcdf485ebbe%7C0%7C0%7C639180116794314920%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=pDNqQYeRoMhrD4bjvRo0H99dyGSaP1oZYm4lqvumJvs%3D&reserved=0 https://teams.microsoft.com/meet/279720686359648?p=sOE23bmrRIQDBU6e4z http://www.civcastusa.com/ http://www.civcastusa.com/

FLYING W UNIT 3 – 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, Addenda acknowledgements, and proposed construction schedule 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 (tmiller@cudeengineers.com and jmckinnie@cudeengineers.com) not less than seven

(7) calendar days (July 23, 2026 @ 5:00 PM) before the Bid opening. If appropriate, answers to these http://www.civcastusa.com/ mailto:tmiller@cudeengineers.com mailto:jmckinnie@cudeengineers.com 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 a proposed schedule with their bid demonstrating a start date of September 1, 2026; start paving of streets by March 1, 2027; and achieving

Substantial Completion by March 31, 2027.

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 demonstrate to the Owner that the low bidder has started and successfully completed five (5) similar projects in the San Antonio MSA over the past three (3) 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 Flying

W Municipal Utility District; the contract ID number is R04204.019.0; and the description of goods and services is Flying W Unit 3. 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.

FLYING W MUD

FLYING W UNIT 3

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

M1 BOND AND INSURANCE 1.00 LS $ - $ -

M2 CLEARING/ SITE PREP 10.07 AC $ - $ -

M3 MOBILIZATION 1.00 EA $ - $ -

E1 SILT FENCE 2,492.87 LF $ - $ -

E2 PHASE 2 SILT FENCE 12,188.48 LF $ - $ -

E3 ROCK BERM 165.63 LF $ - $ -

E4 GRAVEL INLET FILTER 63.41 LF $ - $ -

E5 CONCRETE WASHOUT PIT 1.00 EA $ - $ -

E6 STAGING 1.00 EA $ - $ -

E7 CONSTRUCTION ENTRANCE/ EXIT 1.00 EA $ - $ -

G1 PUBLIC ROW EXCAVATION 29,670.00 CY $ - $ -

G2 PUBLIC ROW EMBANKMENT 11,227.00 CY $ - $ -

G3 PUBLIC RETAINING WALLS (LIMESTONE,

GRAVITY W/ BUFF TAN)

204.56 FF $ - $ -

G4 PRIVATE LOT EXCAVATION 1,282.00 CY $ - $ -

G5 PRIVATE LOT EMBANKMENT 20,393.00 CY $ - $ -

G6 PRIVATE RETAINING WALLS (LIMESTONE,

GRAVITY W/ BUFF TAN)

363.11 FF $ - $ -

SS1 8" SANITARY SEWER PIPE (0'-6') 270.11 LF $ - $ -

SS2 8" SANITARY SEWER PIPE (6'-10') 1,583.84 LF $ - $ -

BID FORM (SCHEDULE OF VALUES)

MISC SUBTOTAL

SWPPP SUBTOTAL

GRADING SUBTOTAL

BIDDER SIGNATURE_________________________________

PAGE 1 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

SS3 8" SANITARY SEWER PIPE (10'-14') 1,139.08 LF $ - $ -

SS4 8" SANITARY SEWER PIPE (14'-18') 467.73 LF $ - $ -

SS5 8" SANITARY SEWER PIPE (18'-20') 159.54 LF $ - $ -

SS6 STANDARD MANHOLES 19.00 EA $ - $ -

SS7 DROP MANHOLES 1.00 EA $ - $ -

SS8 EXTRA DEPTH MANHOLES (>6') 125.19 VF $ - $ -

SS9 TELEVISE SEWER MAIN 3,460.76 LF $ - $ -

SS10 TRENCH EXCAVATION PROTECTION 3,460.76 LF $ - $ -

SS11 6" LATERALS 3,262.73 LF $ - $ -

SS12 LOT CLEANOUT 71.00 LOT $ - $ -

SS13 VERTICAL STACKS 96.50 VF $ - $ -

W1 8" PVC CLASS 900 WATER MAIN W/ JOINT

RESTRAINTS

2,318.00 LF $ - $ -

W2 12" PVC CLASS 900 WATER MAIN W/

JOINT RESTRAINTS

5,498.00 LF $ - $ -

W3 8" DUCTILE IRON W/ JOINT RESTRAINTS 322.00 LF $ - $ -

W4 2" HIGH-DENSITY POLYETHYLENE (HDPE)

W/ JOINT RESTRAINTS

592.00 LF $ - $ -

W5 8" CERTA-LOK C900 DR18 PVC W/ JOINT

RESTRAINTS

31.00 LF $ - $ -

W6 24" STEEL CASING 316.50 LF $ - $ -

W7 8" GATE VALVE & BOX, COMPLETE 25.00 EA $ - $ -

W8 12" GATE VALVE & BOX, COMPLETE 2.00 EA $ - $ -

W9 STANDARD F.H. COMPLETE W/ VALVE 5.00 EA $ - $ -

SANITARY SEWER SUBTOTAL

PAGE 2 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

W10 CAST IRON FITTINGS 7.37 TON $ - $ -

W11 2" TEMPORARY BLOWOFF 4.00 EA $ - $ -

W12 2" PERMANANT BLOWOFF 2.00 EA $ - $ -

W13 2" AIR RELEASE VALVE 3.00 EA $ - $ -

W14 3/4" LONG DUAL SERVICE 15.00 EA $ - $ -

W15 3/4" LONG SINGLE SERVICE 2.00 EA $ - $ -

W16 3/4" SHORT SINGLE SERVICE 39.00 EA $ - $ -

W17 1" IRRIGATION SERVICE W/ DCVA

BACKFLOW PREVENTER

3.00 EA $ - $ -

W18 HYDROSTATIC TEST 1.00 EA $ - $ -

W19 TRENCH EXCAVATION PROTECTION 8,761.00 LF $ - $ -

W20 4" SCH. 40 (IRRIGATION) 229.00 LF $ - $ -

W21 3" THREE PHASE SCH. 40 (IRRIGATION) 225.50 LF $ - $ -

W22 METER BOXES 74.00 EA $ - $ -

DRAIN G

D1 30" REINFORCED CONCRETE PIPE (CLASS

III)

36.67 LF $ - $ -

D2 TRENCH EXCAVATION PROTECTION 56.67 LF $ - $ -

D3 5" CONCRETE RIPRAP 13.61 SY $ - $ -

D4 20' CURB INLET (TYPE I) (COMPLETE) (10'

DEPTH)

1.00 EA $ - $ -

D5 CONCRETE COLLARS 1.00 EA $ - $ -

D6 18" ROCK RUBBLE 85.60 SY $ - $ -

WATER SUBTOTAL

PAGE 3 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

D7 18" ROCK GABION MATTRESS 77.20 SY $ - $ -

DRAIN H

D8 10' CURB INLET (TYPE I) (COMPLETE) (2.5'

DEPTH)

1.00 EA $ - $ -

D9 5" CONCRETE RIP-RAP 13.60 SY $ - $ -

D10 SIDEWALK PIPE RAILINGS 25.75 LF $ - $ -

D11 REVEGETATION (HYDROMULCH) 564.42 SY $ - $ -

D12 18" ROCK GABION MATTRESS 82.39 SY $ - $ -

DRAIN K

D13 SIDEWALK BOX DRAIN 1.00 EA $ - $ -

D14 1/2" GALVANIZED STEEL PLATE 2.00 EA $ - $ -

D15 REVEGETATION (HYDROMULCH) 343.81 SY $ - $ -

D16 18" ROCK GABION MATTRESS 31.11 SY $ - $ -

DRAIN M

D17 5' X 3' S.B.C. (FILL< 2') 355.50 LF $ - $ -

D18 TRENCH EXCAVATION PROTECTION 355.50 LF $ - $ -

D19 TXDOT CONCRETE HEADWALL (PW-1) 10.45 CY $ - $ -

D20 5" CONCRETE RIPRAP 109.50 SY $ - $ -

D21 PIPE RAILING 45.00 LF $ - $ -

D22 REVEGETATION (HYDROMULCH) 846.60 SY $ - $ -

D23 18" ROCK GABION MATTRESS 149.90 SY $ - $ -

DRAIN V

PAGE 4 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

D24 REVEGETATION (HYDROMULCH) 172.90 SY $ - $ -

D25 18" ROCK GABION MATTRESS 14.74 SY $ - $ -

DETENTION POND B

D26 CONCRETE OUTFALL STRUCTURE 302.93 SY $ - $ -

D27 30" REINFORCED CONCRETE PIPE (CLASS

III)

79.10 LF $ - $ -

D28 CONCRETE MAINTENANCE RAMP 103.41 SY $ - $ -

D29 2 - 6' ACCESS GATES 1.00 EA $ - $ -

D30 18" ROCK GABION MATTRESS 329.52 SY $ - $ -

D31 REVEGETATION (4" TOPSOIL W/ SEED) 3,958.78 SY $ - $ -

D32 REVEGETATION (HYDROMULCH) 5,074.80 SY $ - $ -

D33 6' WOODEN PRIVACY FENCE 987.12 LF $ - $ -

R1 3" TYPE D ASPHALT (LOCAL) 9,871.25 SY $ - $ -

R2 3" TYPE D ASPHALT (RESIDENTIAL

COLLECTOR)

211.67 SY $ - $ -

R3 PRIME COAT (LOCAL) 1,974.25 GAL $ - $ -

R4 PRIME COAT (RESIDENTIAL COLLECTOR) 42.34 GAL $ - $ -

R5 TACK COAT (LOCAL) 987.13 GAL $ - $ -

R6 TACK COAT (RESIDENTIAL COLLECTOR) 21.17 GAL $ - $ -

R7 8" FLEX. BASE (LOCAL) 11,007.14 SY $ - $ -

R8 8" FLEX. BASE (RESIDENTIAL COLLECTOR) 231.87 SY $ - $ -

R9 8" LIME STABILIZATION (42 LBS/SY)

(LOCAL)

231.15 TON $ - $ -

DRAINAGE SUBTOTAL

PAGE 5 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

R10 8" LIME STABILIZATION (42 LBS/SY)

(RESIDENTIAL COLLECTOR)

4.87 TON $ - $ -

R11 CONCRETE CURB & GUTTER 5,761.10 LF $ - $ -

R12 STREET NAME SIGNS 8.00 EA $ - $ -

R13 TYPE II RAISED PAVEMENT MARKERS 5.00 EA $ - $ -

R14 R1-1 "STOP" SIGN 4.00 EA $ - $ -

R15 R2-1 "SPEED LIMIT 30" SIGN 1.00 EA $ - $ -

R16 R7-1 "NO PARKING ANYTIME" SIGN 1.00 EA $ - $ -

R17 3-OM4-3 "END OF ROAD" SIGN 1.00 EA $ - $ -

R18 ADA RAMPS 16.00 EA $ - $ -

R19 CONCRETE WALK 504.66 SY $ - $ -

R20 CONCRETE APRON 195.48 SY $ - $ -

R21 HEADER CURB & 6" GUARD POSTS 32.00 LF $ - $ -

R22 REMOVE HEADER CURB & 6" GUARD

POSTS

102.00 LF $ - $ -

U1 3" SCH. 40 5,877.00 LF $ - $ -

U2 3" CONDUIT STUBOUT 75.00 EA $ - $ -

U3 SECONDARY PULLBOX 35.00 EA $ - $ -

U4 THREE PLACE SINGLE PHASE PULLBOX

FOUNDATION

2.00 EA $ - $ -

U5 FOUR PLACE SINGLE PHASE PULLBOX

FOUNDATION

1.00 EA $ - $ -

U6 SINGLE PHASE PADMOUNT

TRANSFORMER FOUNDATION

12.00 EA $ - $ -

$ - DRY UTILITIES SUBTOTAL

ROADWAY SUBTOTAL

PAGE 6 OF 7 7/6/2026

ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT

BID FORM (SCHEDULE OF VALUES)

G3-1 PUBLIC RETAINING WALLS (CHOP BLOCK

FACE & LIMESTONE, GRAVITY W/ BUFF

TAN MORTAR USING SITE STONE)

204.56 FF $ - $ -

G6-1 PRIVATE RETAINING WALLS (CHOP BLOCK

FACE & LIMESTONE, GRAVITY W/ BUFF

TAN MORTAR USING SITE STONE)

363.11 FF $ - $ -

$ - SUBSTITUTIVE ALTERNATE TOTAL BID AMOUNT

TOTAL BOND AMOUNT

PAGE 7 OF 7 7/6/2026

FLYING W UNIT 3 – CONTRACT

CONTRACT

STATE OF TEXAS }

COUNTY OF }

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

, 20 by and between Flying W Municipal Utility District (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:

Flying W Unit 3 for Flying W Municipal Utility District, _Comal__ 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 _210_ 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

FLYING W UNIT 3 – 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.

Flying W Municipal Utility District

“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.

FLYING W UNIT 3 – 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.