14-Project Manual.pdf

Job No.:

HARRIS COUNTY

FLOOD CONTROL DISTRICT

PROJECT MANUAL

CONTRACT CONDITIONS AND SPECIFICATIONS

H.C.F.C.D. PROJECT ID: E125-00-00-X011

PROJECT NAME: Rolling Fork Channel Erosion Repairs

PROJECT MANUAL PREPARED BY: Midtown Engineers, LLC

ENGINEER OF RECORD: 101079

Signature Number

Keri A. Hopple 1/ /202 Typed Name Date

26/0054

TABLE OF CONTENTS

DATE

A. BIDDING REQUIREMENTS

1. General Notice to Bidders 06-09-2020

B. CONTRACT CONDITIONS

1. General Conditions 03-24-2023

2. Special Provisions to Harris County Flood Control District 1- -202

General Conditions

3. Special Notice to Contractors 10-07-1991

C. SPECIFICATIONS

All work to be performed under this contract is to be performed in accordance with the Harris County Flood Control District (“HCFCD”), Standard Specifications Book, dated June 2020 (incorporated herein by reference for all purposes as if set out verbatim), unless Standard Specifications are amended by the attached Special Provisions or Contract Specific Specifications as listed below.

All work, under this contract, which refers to TxDOT standard details is to be performed in accordance with Texas Department of Transportation (TxDOT) “Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges” dated November 1, 2014 (incorporated herein by reference for all purposes as if set out verbatim). As one of the conditions for presenting and accepting a bid on the project is covered by these specifications, it is understood that in all instances in the TxDOT Specifications, where the term “TxDOT”, “State” or “Department” is used, it is also intended and meant to refer to the “Harris County Flood Control District”. TxDOT Specifications are not included in this manual but are available at www.dot.state.tx.us and are identified below for clarity.

All work, under this contract, which refers to City of Houston standard details is to be performed in accordance with City of Houston “Standard Construction Specifications for Wastewater Collection Systems, Water Lines, Storm Drainage, Street Paving & Traffic” latest edition (incorporated herein by reference for all purposes as if set out verbatim).

As one of the conditions for presenting and accepting a bid on the project is covered by these specifications, it is understood that in all instances in the City of Houston Specifications, where the term “Houston Public Works” or “COH” is used, it is also intended and meant to refer to the “Harris County Flood Control District”. City of Houston

Specifications are not included in this manual but are available at www.houstonpermittingcenter.org/office-city-engineer and are identified below for clarity.

Additionally, where TxDOT or City of Houston Specifications refer to methods of measurement and payment, it is understood that payment will be made in accordance with available items in the Unit Price Schedule. Items not listed for separate payment should be considered incidental to related items in the Unit Price Schedule.

Specifications listed in parenthesis () at the end of a Pay Item Description in the Base Bid are considered incidental to the Pay Item.

Special Provisions

Division 2 – Site Construction Source Date SP 02200 - Site Prep and Restoration HCFCD 1-23-2026 SP 02921 - Turf Planting Zone Preparation Midtown 1-23-2026 SP 02923 - Broadcast Seeding Midtown 1-23-2026 SP 02925 - Hydromulch-Hydroseeding Midtown 1-23-2026 SP 02936 - Fertilizer and Soil Amendments Midtown 1-23-2026

Contract Specific Specifications

Division 1 – General Requirements Source Date 01110 – Summary of Work Midtown 01571 – Alligator Snapping Turtle Exclusion Fence Midtown

1-23-2026 1-23-2026

FLOOD CONTROL DISTRICT

BIDDING REQUIREMENTS

GENERAL NOTICE TO BIDDERS

A minimum of 25% of the work to be performed on this project shall be performed by the Bidder in accordance with Texas Local Government Code Annotated §262.025 and 271.055.

Special Notice: By Texas Local Government Code Annotated §262.031, the original price on firm fixed price contracts may not be increased by more than 25% unless the change is necessary to comply with a federal or state statute, rule, regulation or judicial decision enacted, adopted or rendered after the contract is made. The original contract price may not be decreased by 18% or more without the consent of the Contractor.

On public works projects, all contractors shall supply a list of all suppliers and subcontractors with addresses and phone numbers, prior to work commencing.

At the time of the scheduled preconstruction meeting, the successful bidder shall supply to the District a list of representatives, signed by an Officer of the Company, who are authorized to sign official documents, i.e., Purchase Orders, Change Orders, Final Estimates, etc.

HCFCD is using an internet-based Project Lifecycle Management Solution, Oracle’s Primavera Unifier® (Unifier), to maintain consistent administrative and technical control for all projects throughout the County. The Contractor is required to utilize Unifier on this project in accordance with procedures provided by HCFCD.

The Contractor must have access to a computer with secured Internet access and a scanner to utilize Unifier. Access will be provided to the Contractor at no cost to the Contractor. HCFCD will provide a system login account and access to training for Contractor personnel. The Contractor must reply to assigned tasks and update Unifier with new or changed information within 24 hours of that information becoming known to the Contractor.

FLOOD CONTROL DISTRICT

CONTRACT CONDITIONS

61697.00001\40831928.1

GENERAL CONDITIONS

ADOPTED 03/24/2023

HARRIS COUNTY FLOOD

CONTROL DISTRICT

ADOPTED 03/24/2023

-i- TABLE OF CONTENTS

Page

TABLE OF CONTENTS I

00 72 00 - GENERAL CONDITIONS 4

ARTICLE 1 - DEFINITION OF TERMS 4

1.1 Defined Terms. 4

1.2 Terminology. 10

ARTICLE 2 - PRELIMINARY MATTERS 10

2.1 Delivery of Contract Documents. 10

2.2 Bonds. 10

2.3 Evidence of Insurance. 11

2.4 Execution of the Contract. 11

2.5 Contractor’s Failure to Perform. 11

2.6 Substitution Requests, Schedule of Submittals, and Schedule. 11

2.7 Preconstruction Conference; Designation of Authorized Representatives; Notice to Proceed; Project Communication. 12

2.8 Subcontractor Mobilization Meeting. 12

2.9 Authority of Engineer. 13

2.10 Mobilization. 13

ARTICLE 3 - EXAMINATION OF SITE; CONTRACT DOCUMENTS; INTENT 13

3.1 Examination of Drawings, Specifications, and Site of Work. 13

3.2 Intent of Contract Documents. 14

3.3 Reference Standards. 15

3.4 Reporting and Resolving Discrepancies; Order of Precedence. 15

3.5 Amending and Supplementing Contract Documents. 17

3.6 Reuse of Documents. 17

ARTICLE 4 - INDEMNIFICATION; INSURANCE 17

4.1 Indemnification. 17

4.2 Insurance. 17

ARTICLE 5 - REGULATORY REQUIREMENTS; CONTRACTOR RESPONSIBILITIES 18

5.1 Self-Performance. 18

5.2 Laws to be Observed. 18

5.3 Permits and Licenses. 18

5.4 Taxes. 18

5.5 Public Convenience. 18

5.6 Safety. 20

5.7 Sanitary Provisions. 21

5.8 Environmental Protection. 21

5.9 Cultural Artifacts. 23

5.10 District Field Office and Restroom. 23

5.11 Cooperation of Contractor; Contractor’s Field Superintendent. 24

5.12 Character of Workmen and Equipment. 24

5.13 Protection Against Claims of Subcontractors Laborers Materialmen and Furnishers of Machinery Equipment and Supplies. 25

5.14 Labor. 25

(Continued)

Page

GENERAL CONDITIONS

-ii- TABLE OF CONTENTS

5.15 Subcontractors. 26

5.16 Progress Meetings. 27

5.17 Submittals. 27

5.18 Shop Drawings and Sample Submittal Procedures. 29

5.19 Requests for Substitutions. 31

5.20 As-Built Drawings. 32

5.21 Surveying and Reference Points; Layout of Work. 33

5.22 Separate Contracts and Cooperation. 33

5.23 Work Site. 34

5.24 Utility Usage. 34

5.25 Preservation and Restoration of Property. 35

5.26 Relations with District Officials and Employees. 35

5.27 Emergencies. 36

5.28 Open Flow. 36

ARTICLE 6 - MATERIALS; INSPECTION 36

6.1 Access to Work. 36

6.2 Materials and Workmanship. 36

6.3 Patented Devices, Materials and Processes. 38

6.4 Inspections. 38

6.5 Material Testing. 39

6.6 Materials Provided by District. 40

ARTICLE 7 - SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES 40

7.1 Soils Investigations. 40

7.2 Differing Subsurface or Physical Conditions. 40

7.3 Underground Facilities. 41

7.4 Trenches. 43

ARTICLE 8 - PROSECUTION OF THE WORK 43

8.1 Prosecution of the Work. 43

8.2 Construction Schedule. 43

8.3 Time for Completion and Liquidated Damages. 46

8.4 Contractor’s Responsibility for Work. 48

8.5 Partial Utilization. 49

8.6 Completion and Acceptance of Work. 49

8.7 Removal and Rebuilding of Defective Work. 50

8.8 Acceptance of Defective Work. 51

8.9 District May Correct Defective Work. 51

8.10 Warranty and Guaranty of Work. 52

8.11 Termination or Suspension of Work. 53

ARTICLE 9 - CHANGES ORDERS; DISPUTE RESOLUTION 57

9.1 Change Orders. 57

9.2 Dispute Resolution. 64

ARTICLE 10 - MEASUREMENT; PAYMENT 66

10.1 Measurement of Quantities for Work. 66

10.2 Partial Payments. 66

(Continued)

Page

GENERAL CONDITIONS

-iii- TABLE OF CONTENTS

10.3 Acceptance and Final Payment. 68

10.4 Auditor’s Certification of Funds. 69

ARTICLE 11 - MISCELLANEOUS 69

11.1 Notice. 69

11.2 Limitations on the District’s Responsibilities. 69

11.3 Cumulative Remedies. 70

11.4 Survival of Obligations. 70

11.5 Controlling Law. 70

11.6 Jurisdiction; Venue. 70

11.7 Headings. 70

11.8 Right to Audit. 70

11.9 Assignment. 71

11.10 All Legal Provisions Included. 71

11.11 Change In Name And Nature Of Contractor’s Legal Entity. 72

-4- DEFINITION OF TERMS

00 72 00 - GENERAL CONDITIONS

ARTICLE 1 -DEFINITION OF TERMS

1.1 Defined Terms.

A. Whenever used in the Contract Documents the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Acts of God – A hurricane, tropical storm, major flood, or other similar extreme weather event that results in a governmental declaration of disaster.

2. Activity – A discrete part of a Project that can be identified for planning, scheduling, monitoring, and controlling the project. Activities included in a schedule consume time and resources.

3. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

4. Additional Work -- New or unforeseen work will be classified as Additional Work when the Engineer determines that it is not covered by the Contract.

5. Application for Payment -- Form prepared by the District for partial or final payments during the course of the Work and accompanied by supporting documentation from the Contractor required by the Contract Documents. In its discretion, the District may request the Contractor to prepare the Application for Payment and submit to the District for review and approval.

6. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

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

8. Bid Guarantee -- The bid bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written Contract.

9. Bidder -- The individual or entity who submits a Bid directly to the District.

10. Bidding Documents – Invitation for Bids, Instructions to Bidders, Bid Forms, and Addenda issued by the Engineer and/or Purchasing Agent to assist Bidders with Bid preparation; used in conjunction with the Contract Documents.

11. Certificate of Substantial Completion – A certificate issued by the District to the Contractor when there is Substantial Completion.

-5- DEFINITION OF TERMS

12. Change Order -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price and/or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

13. Claim -- A demand or assertion by the Engineer or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. A Claim does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

14. Commissioners Court -- The Commissioners Court of Harris County, Texas and the governing body of the District.

15. Contract -- The entire integrated written agreement between the District and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

16. Contract Documents -- Change Orders, Contract, Special Conditions to the General Conditions, Contract Specific Specifications, Drawings, Special Provisions to the Standard Specifications, General Conditions, Standard Specifications, Bidding Documents, and other documents listed in the Contract and incorporated into the Contract.

17. Contract Price -- Amount to be paid by the District to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents and including all applicable taxes and costs.

18. Contract Specific Specifications – The written requirements consisting of technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work.

19. Contract Time -- The number of days or the date stated in the Contract Documents to achieve Substantial Completion.

20. Contractor -- The individual or entity with which the District has contracted for performance of the Work.

21. Contractor’s Designated On-Site Field Superintendent (“Field Superintendent”) -- The Contractor’s Designated On-Site Field Superintendent will be identified by the Contractor and shall not be changed without prior written consent of the Engineer.

22. County -- Harris County, Texas.

23. County Auditor – County Auditor of Harris County, Texas.

24. County Judge -- County Judge of Harris County, Texas.

-6- DEFINITION OF TERMS

25. Critical Path – A sequence of logically tied Activities that represents the longest path within a Project, which determines the shortest possible duration. Any delay of activity completion along this path will proportionately affect the completion date of the Project.

26. Critical Path Method (CPM) Schedule – A scheduling method that uses a network diagram to depict the Project and the sequences of tasks required to complete it, which are known as paths. Once the paths are defined, the duration of each path is calculated by an algorithm to identify the Critical Path, which determines the total duration of the Project.

27. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices (as determined by the District) entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its Bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

28. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

29. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

30. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel from the Site.

31. District – Harris County Flood Control District, also known as HCFCD. The District is a Texas political subdivision created by Acts 1937, 45th Leg., R.S. ch. 360, pursuant to Article XVI, Section 59 of the Texas Constitution. The District’s governing body is the Commissioners Court and its Contracts are procured through the Purchasing Agent.

32. Drawings -- That part of the Contract Documents prepared by the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

33. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

34. Engineer -- Whenever not qualified, shall mean the District’s Executive Director, designee, or other person authorized to act for and on behalf of the District, acting

-7- DEFINITION OF TERMS

either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the Commissioners’ Court, shall be binding and final upon both parties.

35. Force Majeure Event -- An event that materially affects a party’s performance required by the Contract Documents and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work);

(4) pandemics, epidemics, or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; (6) a Critical Supply Shortage; and (7) acts or failures to act of utility owners, including, but not limited to, the delay in the removal or relocation of utilities, not under the control of the District. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and other actions of County, State or Federal Authorities in their roles as regulatory agencies.

36. Gantt Chart Schedule – A method of planning and scheduling a project utilizing a horizontal bar chart with a separate bar for each major portion of the Work or operation to make the schedule an effective tool for planning and monitoring the progress of the Work.

37. General Conditions – The District’s latest version of its General Conditions and this document.

38. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

39. Holiday – The Holidays as approved by Commissioners Court.

40. Milestone – A key or critical point in time for reference or measurement on the Project.

41. Negative Float – The amount of time beyond a project's scheduled completion that a task within the project requires. Total float is the amount of time a task within a project can be delayed without endangering the project deadline.

42. Notice of Award -- The written or electronic notice by the Purchasing Agent to the Successful Bidder stating that upon timely compliance by the Successful Bidder

-8- DEFINITION OF TERMS

with the conditions precedent listed therein, the County will sign and deliver the Contract.

43. Notice to Proceed -- A written or electronic notice given by the Engineer to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

44. Payment Bond -- A surety bond in the amount of the Contract, solely for the protection of all claimants supplying labor, equipment, and material in the prosecution of the work provided for in the Contract.

45. Performance Bond -- A surety bond in the amount of the Contract conditioned upon the faithful performance of the work in accordance with the Contract Documents.

46. Potential Contract Change (or Potential Change Order) – A request by the Contractor or the District to initiate the Change Order process.

47. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

48. Punch List – A list of items on the Project, prepared by the Engineer and confirmed by the Contractor, which remain to be replaced or completed in accordance with the requirements for completion of the Work.

49. Purchasing Agent -- The Purchasing Agent of Harris County, Texas.

50. Request for Information (“RFI”) -- A request made electronically or in writing by the Contractor when additional information, clarification, or interpretation of the Contract Documents is needed. A response to an RFI will be addressed electronically or in writing by the Engineer. If the Contractor believes that the RFI requires additional Contract Time and/or an adjustment to the Contract Price, the Contractor shall follow the Change Order provisions of Article 9.1 and submit a Potential Contract Change.

51. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment, or workmanship; to establish standards by which the Work will be judged.

52. Schedule of Submittals -- A schedule of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

53. Shop Drawings -- 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.

54. Site -- Lands or areas indicated in the Contract Documents upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands designated for the use of Contractor.

55. Special Conditions to the General Conditions – Revisions to the General Conditions setting forth requirements particular to the Work.

-9- DEFINITION OF TERMS

56. Special Provisions to the Standard Specifications – Revisions to the Standard Specifications setting forth requirements particular to the Work.

57. Standard Specifications – The Harris County Flood Control District Standard Construction Specifications and Details (latest edition). The Contractor shall follow, among other things, the detail sheets in the Standard Specifications.

58. Subcontractor -- An individual or entity having a direct contract with the Contractor or with any other Subcontractor for performance of any portion of the Work at the Site.

59. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work, including, but not limited to, materials and equipment.

60. Substantial Completion – The time at which the Work, or a designated portion of the Work, is complete in accordance with the Contract Documents, at the sole discretion of the District.

61. Successful Bidder -- The Bidder submitting a responsive Bid to whom the District makes an award.

62. Supplier -- A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

63. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

64. Unit Price Work -- Work to be paid for based on unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.

65. Warranty -- A written guarantee provided to the District by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

66. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

-10- PRELIMINARY MATTERS

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

B. Furnish, Install, Perform, Provide.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

C. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents.

A. Within ten (10) Days after receipt of the Notice of Award, Contractor shall furnish and file with the Purchasing Agent the necessary Performance Bond, Payment Bond, and certificates of insurance and endorsements, as well as any other documents specified in the Notice of Award and Contract Documents.

2.2 Bonds.

A. The Performance Bond and Payment Bond shall be on the forms prescribed by the Purchasing Agent in the Contract Documents, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies." The responsible corporate surety shall be authorized to do business in the State of Texas and acceptable to the Purchasing Agent. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. The Performance Bond and the Payment Bond must be accompanied by a valid power of attorney providing evidence that the person signing on behalf of the surety is authorized to so act.

-11- PRELIMINARY MATTERS

2.3 Evidence of Insurance.

A. Prior to commencing any work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all certificates of insurance and endorsements, showing that the Contractor has the required insurance, to the attention of the Purchasing Agent and as otherwise required by the Engineer. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all the required insurance has been received and approved.

2.4 Execution of the Contract.

A. Should the Commissioners Court be of the opinion that a Contract should be entered into and approved, it shall authorize the County Judge or other named person as agent to execute acceptance by the District in accordance with the latest version of the Harris County Local Procurement Policy. Thereupon, the Purchasing Agent as agent shall, in strict accordance with the latest version of the Harris County Local Procurement Policy accept and approve on behalf of the District any required Performance Bond, Payment Bond, and certificates of insurance and endorsements, which may be properly presented on the prescribed form and indicate such acceptance and approval on the face of such bonds and insurance.

The Contract shall not become effective or binding upon the District unless and until County Auditor’s certification required by law is made. A corporation to which an award is made will be required to furnish evidence of the authority of the officer(s) executing the Contract.

2.5 Contractor’s Failure to Perform.

A. If the Bidder to whom the award is made fails to furnish a required Performance Bond, Payment Bond, or certificates of insurance and endorsements as herein provided, the Commissioners’ Court may rescind its award and acceptance of Contractor’s Bid and make an award to the next lowest responsive and responsible Bidder who shall fulfill every stipulation embraced herein as if the first award were made to it. If this should occur, the Bidder to whom the award was first made shall at the option of the District, be required to pay to the District the difference between its Bid and that of the next lowest responsive and responsible Bidder up to the maximum amount provided in the Bid Guarantee for the Project.

B. At the sole discretion of the District, the Contract Time may begin to run ten (10) Days from the Notice of Award, regardless of whether the Bidder supplies the documents and certifications to the District as required by this Article in a timely manner.

2.6 Substitution Requests, Schedule of Submittals, and Schedule.

A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Article 5.19.

B. Schedule of Submittals. Contractor shall submit to the Engineer a Schedule of Submittals that conforms with the requirements of Article 5.17.

-12- PRELIMINARY MATTERS

C. Schedule. Contractor shall submit a preliminary and baseline schedule that conforms with the requirements of Article 8.2.

2.7 Preconstruction Conference; Designation of Authorized Representatives; Notice to Proceed; Project Communication.

A. Upon award of Contract and before any Work at the Site is started, a preconstruction conference attended by the District, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. At this conference the Contractor will provide a list of Subcontractors including addresses and phone numbers, a list of personnel contacts, and a list of personnel authorized and designated by the Contractor, signed by a representative of the Contractor authorized to do business on behalf of the Contractor, to sign Contract Documents, including Change Orders and final estimates. The Contractor shall also provide a preliminary schedule in accordance with Article 8.2.

B. At this conference the Engineer and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

C. At the discretion of the District, the parties will partner to create a dispute resolution ladder to facilitate open communication and close cooperation that involves both Contractor and District personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve contract objectives, resolve issues, and implement actions as required. The dispute resolution ladder will provide the authority for both Contractor and District personnel at all levels with parameters and procedures for escalating disputes.

D. During the preconstruction conference, the District will solicit input from the Contractor on a reasonable date to start the Contract Time, however, the District shall reserve all rights in establishing the start date. After the preconstruction conference, the District shall issue a Notice to Proceed that establishes a commencement date for the Work, which shall be not more than sixty (60) Days from award of the Contract unless otherwise agreed to by the parties.

E. During the Project, all communications with the District, including the submittal of documents, shall be as required by the District.

2.8 Subcontractor Mobilization Meeting.

A. If requested by the Engineer, prior to the start of each Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

-13- EXAMINATION OF SITE; CONTRACT DOCUMENTS;

INTENT

2.9 Authority of Engineer.

A. The Work shall be done under the direct observation of the Engineer and to the Engineer’s satisfaction. The Contractor shall furnish and deliver to designated delivery points all material called for under its Contract at such times and in such quantities as may be directed by the Engineer. The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished, work performed, and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer’s decisions under this provision shall be final and binding on both parties hereto. The Contractor shall promptly comply with instructions from the Engineer.

Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract.

2.10 Mobilization.

A. Unless otherwise agreed to by the District, the Contractor shall mobilize to the Site and commence Work within ten (10) Days of the District issuing the Notice to Proceed. Should the Contractor fail to comply with the foregoing timeline, the Commissioners Court reserves the right to rescind the Contract for the Contractor’s failure to perform. If the Contract is rescinded, the Contract shall extinguish, and the Contractor shall not be entitled to any compensation under the Contract or damages related to the rescission.

B. The scope of Work for mobilization, including among other things, construction preparation and final Site cleanup and restoration, shall be in accordance with the Contract Documents. Payment for mobilization shall be in accordance with the Contract Documents.

ARTICLE 3 -EXAMINATION OF SITE; CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work.

A. Examination of Contract Documents; Project Site. Pursuant to the Bidding Documents, Contractor’s submittal of a Bid is conclusive evidence the Contractor, among other things, examined the Contract Documents thoroughly, visited the Project site to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, and considered County, District, federal, state, and local laws, regulations, ordinances, and requirements that may affect costs, progress, performance, or furnishing of the Work. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents (including the Standard Specifications), the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer in the form of an RFI of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained that Contractor is aware of or should have known about, Contractor shall bear any and all resulting costs, including, without limitation, the cost of

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correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds, and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents, including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, to include after the Warranty period, order the improper Work removed, remade, or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents.

A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. The Contract Documents are intended to describe the Work. The Contract is to be carried out under the observation of the Engineer and the Engineer’s assistants unless otherwise indicated.

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the District.

C. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all supervision, materials, implements, machinery, equipment, tools, supplies, and labor necessary to the prosecution and completion of the Project.

D. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

E. If connections to utilities for equipment/fixtures are not shown in the Contract Documents but are necessary to operate the equipment/fixtures, the utilities service connection installation is part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

F. Organization of the Contract Documents into divisions, sections, articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

G. Any construction items shown on the Drawings, but not listed as a separate bid item, shall be installed as indicated with the cost included in the bid item for the

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related construction item. It is understood that all costs for Work shown or required by the Contract Documents for which there is not a specific bid item are included in the bid item price for the various construction items.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the Engineer, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the District, the County, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written RFI to the Engineer. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Resolving Discrepancies; Order of Precedence.

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any

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conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or

b. the provisions of any Applicable Laws (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Applicable Law).

2. In resolving conflicts among any of the Contract Documents, the order of precedence shall be as follows:

a. Permits from other agencies as may be required by law;

b. Change Orders or Pending Change Orders, most recent first;

c. Addenda, most recent first;

d. Contract;

e. Special Conditions to the General Conditions;

f. Contract Specific Specifications;

g. Drawings;

h. Special Provisions to the Standard Specifications;

i. General Conditions;

j. Standard Specifications;

k. Instructions to Bidders;

l. Invitation for Bids;

m. Contractor’s Bid (Bid Forms);

n. Referenced standard specifications.

3. With reference to the Drawings, the order of precedence shall be as follows:

a. Figures govern over scaled dimensions;

b. Detail drawings govern over general drawings;

c. Addenda/Change Order drawings govern over Drawings;

d. Drawings govern over standard drawings.

4. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall apply, at the discretion of the Engineer. In the case of any conflict between any Applicable

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Laws, including but not limited to federal requirements, incorporated into the Contract Documents and other sections of the Contract Documents, the more stringent requirements shall govern, unless otherwise directed by the Engineer.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work, or to modify the terms and conditions thereof, only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the District, by one or more of the following ways:

1. The Engineer’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents);

or

2. The Engineer’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Contract Documents, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Contract Documents, other documents, or copies thereof on extensions of the Project or any other project without written consent of the District and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification.

A. Contractor shall provide indemnification and defense as set forth in the Contract.

4.2 Insurance.

A. Contractor shall obtain and maintain, at its sole cost and expense, the insurance as set forth in the Contract.

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RESPONSIBILITIES

ARTICLE 5 -REGULATORY REQUIREMENTS; CONTRACTOR RESPONSIBILITIES

5.1 Self-Performance.

A. Unless otherwise indicated in the Bidding Documents, the Contractor shall perform, with its own organization, Work amounting to at least twenty-five percent (25%) of the Contract Price.

5.2 Laws to be Observed.

A. THE CONTRACTOR IS ASSUMED TO BE FAMILIAR WITH AND AT ALL TIMES

SHALL OBSERVE AND COMPLY WITH ALL FEDERAL, STATE, DISTRICT,

COUNTY AND CITY LAWS, ORDINANCES AND REGULATIONS IN ANY

MANNER AFFECTING THE CONDUCT OF THE WORK, AND SHALL

INDEMNIFY AND SAVE HARMLESS THE DISTRICT, THE COUNTY, AND

THEIR OFFICERS, OFFICIALS, AND REPRESENTATIVES AGAINST ANY

CLAIM ARISING FROM THE VIOLATION OF, OR FAILURE TO COMPLY WITH

ANY SUCH LAWS, ORDINANCES, OR REGULATIONS, BY THE CONTRACTOR

OR ITS EMPLOYEES. A VIOLATION OF ANY FEDERAL, STATE, COUNTY, OR

CITY LAW, ORDINANCE, OR REGULATION SHALL BE A BREACH OF THE

CONTRACT, AND THE DISTRICT MAY TERMINATE FOR CAUSE.

5.3 Permits and Licenses.

A. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise specified in the Contract Documents. This includes, but is not limited to, utility taps and hook-ups. The District, the County, and their officers and officials shall not be liable for any delays or damages, including, but not limited to, an extension of the Contract Time, for the time required by the Contractor to obtain permits and licenses.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections identified as the District’s responsibility in the Contract Documents. Inspections required by the County shall not be considered the District’s responsibility or within the District’s authority unless otherwise noted in the Contract Documents.

C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the Engineer.

5.4 Taxes.

A. The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with Applicable Laws in performance…