Bid Document Revised (08_27_2026) bid date revision.pdf

840 Gessner Road, Suite 740 Houston, TX 77024 T: 281.675.7900 F: 281.675.7901 www.langan.com

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CH Realty X-CREP I Houston West Rd. L.P.

Contract Documents and

Specifications for

Detention Pond and Mass Grading To Serve

Veterans Road and West Road Development Houston ETJ, Harris County, TX 77038

Harris County, Texas

Forest Hills Municipal Utility District

August 27, 2026

Prepared by:

Langan Engineering & Environmental Services, LLC.

TBPE Registration No. F-13709 840 Gessner Road, Suite 740

Houston, Texas 77024 281-675-7900

Table of Contents ___________________

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

Table of Contents Invitation to Bidders List of Drawings

BIDDING REQUIREMENTS

INSTRUCTIONS TO BIDDERS

Instructions to Bidders

INFORMATION AVAILABLE TO BIDDERS

Geotechnical Information

CONTRACT DOCUMENTS

General Conditions to The Contract Agreement Proposal Texas Sales and Use Tax Exemption Certification

BID FORMS

Bid Form – Veterans Road and West Road Development.

Bond form Bid Bond Qualification of Bidders Maintenance Bond Payment Bond Performance Bond

SPECIFICATIONS

DIVISION 2 – STANDARD CONSTRUCTION SPECIFICATIONS

02082 Precast Concrete Manholes 02090 Frames, Grates, Rings, and Covers 02136 Waste Material Handling, Testing and Disposal 02233 Clearing and Grubbing 02260 Trench Safety System 02317 Excavation and Backfill for Utilities 02318 Extra Unit Price Work for Excavation and Backfill 02320 Utility Backfill Materials 02321 Cement Stabilized Sand 02330 Embankment 02336 Lime Stabilized Subgrade

02338 Portland Cement Stabilized Subgrade 02501 Ductile Iron Pipe and Fittings 02611 Reinforced Concrete Pipe 02612 Precast Reinforced Concrete Box Sewers 02631 Storm Sewers 02633 Precast Inlets, Headwalls and Wingwalls 02921 Hydro Mulch Seeding 03315 Concrete for Utility Construction

LIST OF THE DRAWINGS

CS001 COVER SHEET

HC-ERS HARRIS COUNTY EXPRESS REVIEW SHEET

HCFCD-ERS HARRIS COUNTY EXPRESS REVIEW SHEET

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

--- ALTA/NSPS LAND TITLE SURVEY (BY OTHERS)

CS002 GENERAL NOTES & LEGEND I

CS003 GENERAL NOTES & LEGEND II

CD100 SITE DEMOLITION & CLEARING PLAN

CS101 FLOOD PLAIN MAP

CG101 GRADING & DRAINAGE PLAN I

CG102 GRADING & DRAINAGE PLAN II

CG103 GRADING & DRAINAGE PLAN III

CG104 GRADING & DRAINAGE PLAN IV

CG105 GRADING & DRAINAGE PLAN V

CG106 GRADING & DRAINAGE PLAN VI

CG107 DRAINAGE AREA MAP & DRAINAGE SERVICE AREA

CA101 STORM SEWER CALCULATIONS

CA102 DETENTION AND MITIGATION CALCULATIONS

CA103 CUT AND FILL ANALYSIS

CG301 CROSS SECTIONS I

CG302 CROSS SECTIONS II

CG303 CROSS SECTIONS III

CE100 SOIL EROSION & SEDIMENT CONTROL PLAN

CE501 SOIL EROSION & SEDIMENT CONTROL DETAILS

CS501 SITE DETAILS I

CS502 SITE DETAILS II

CS503 SITE DETAILS III

INVITATION TO BIDDERS

Sealed Bids addressed to CH Realty X-CREP I Houston West Rd. L.P., will be received at the office of

Langan Engineering, 840 Gessner Road, Ste. 740, Houston, TX 77024, until 04:00 p.m. Local Time on

09/03/2026, and then publicly opened and read at for “CH Realty X-CREP I Houston West Rd. L.P. on behalf of Forest Hills MUD – Detention Pond and Mass Grading To Serve Veterans Road and West Road

Development”

Scope of Work of the Contract includes the following: Public Detention Pond and Mass Grading to serve the Veterans Road and West Road Development.

Bids received after the closing time will not be considered. A NON-MANDATORY pre-bid conference will be held on 07/31/2026, at 10:00 a.m. Local Time, at the office of Langan Engineering, 840 Gessner

Road, Ste. 740, Houston, TX 77024.

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 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. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within twenty-four (24) hours of receipt of the bid opening.

Plans, specifications and bid documents are available at www.civcastusa.com, search: 510102601-01

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 can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

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SECTION 00100

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.01 Examination of Contract Documents and Site

A. Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations affecting performance of the Works; and

(d) carefully correlate his observations with the requirements of the Contract Documents.

B. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this SECTION.

1.02 Interpretations

All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER. Replies will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the bidding documents. Questions received less than 72 hours prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

PART 2 PRODUCTS (not used)

PART 3 EXECUTION

3.01 Pre-Bid Conference

There will be a Pre-Bid Conference for this project at the offices of Langan Engineering, 840 Gessner Road, Ste. 740, Houston, TX 77024. on «07/31/2026», «AT 10:00 A.M.».

Attendance is not mandatory.

3.02 Bid Form

A. Bids must be prepared on the Proposal (SECTION 00310) included in the Contract

Documents; additional copies may be obtained from ENGINEER.

B. Proposal must be completed in ink or by typewriter. The Bid price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

C. Any alterations, additions, deletions, conditions, limitations, or provisions inserted on the Proposal may render the proposal irregular and may be cause for rejection.

D. Erasures or interlineations must be initialed.

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E. Bids by a corporation must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

F. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

G. All names must be typed or printed below the signature.

H. The Bids shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Proposal). Any bids not showing all Addenda may be rejected.

3.03 Submission of Bids

A. Bids shall be prepared and submitted in duplicate in a sealed envelope with the

Bidder's name and address on the outside, and marked with the Project names as follows:

Do not open before: «09/03/2026» «04:00 P.M.» Bid for: «DETENTION POND AND MASS GRADING - VETERANS AND WEST

ROAD DEVELOPMENT »

Owner: « CH REALTY X-CREP I HOUSTON WEST RD. L.P.»

Bidder: _______________________________

B. Bids shall be submitted to the following address:

Langan Engineering 840 Gessner Road, Suite 740 Houston, Texas 77024

3.04 Modification and Withdrawal of Bids

Bids may be modified or withdrawn at any time prior to the opening of Bids. Bids may not be modified or withdrawn once bids have been opened.

3.05 Bid Opening

A. Bid opening will begin promptly at the time indicated in the Notice to Bidders.

B. Bids received after the indicated time will not be considered and will be returned unopened.

C. All Bids shall remain open for sixty (60) days after the day of the Bid opening, but

OWNER may, at his sole discretion, release any bid prior to that date.

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3.06 Qualifications of Bidders

A. The OWNER may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of Bidder fails to satisfy the OWNER that bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein.

B. To demonstrate his qualifications for the Project, each Bidder must submit the bidder qualifications form provided in the bid documents.

3.07 Award of Contract

A. OWNER reserves the right to reject any and all Bids and waive any and all informalities or irregularities, and the right to disregard all nonconforming or conditional Bids or counter proposals.

B. In evaluating Bids, OWNER shall consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Proposal. OWNER may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Special Conditions of the Specifications.

OWNER may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidder, proposed Subcontractors and other persons to OWNER's satisfaction within the prescribed time.

OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to OWNER's satisfaction.

C. If a CONTRACT is to be awarded, it will be awarded to the responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project.

D. “Certificate of Interested Parties” Texas Ethics Commission Form 1295: Effective

January 1, 2016, pursuant to Texas Government Code § 2252.908 and Title 1, Chapter 46 of the Texas Administrative Code, the District may not execute the contract or issue the Notice to Proceed unless the Successful Bidder has previously filed Texas Ethics Commission Form 1295 (“Form 1295”) online at https://www.ethics.state.tx.us/File/ with the Texas Ethics Commission (the “TEC”) and provided the District with a signed, notarized, and TEC certified copy of the filed Form 1295. The signed and TEC-certified Form 1295 shall accompany the signed contract documents. For purposes of completing the TEC form 1295, the entity’s name is [Forest Hills Municipal Utility District ], the Contract ID is [Detention Pond and Mass Grading to Serve Veterans & West Road Development], and the description of good and services is [Detention pond excavation, mass grading, embankment fill, site clearing, and related grading improvements to serve Veterans & West Road Development.]. THE

BIDDER UNDERSTANDS THAT FAILURE TO PROVIDE THE TEC FORM 1295

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COMPLETE WITH A “CERTIFICATE NUMBER” WILL NULLIFY THE CONTRACT

AWARD AND WILL RELEASE THE OWNER FROM ANY LIABILITY TO PERFORM

THEREUNDER. THE OWNER RESERVES THE RIGHT TO CANCEL ANY

CONTRACT THAT DOES NOT COMPLY WITH THE REQUIREMENTS

PRESCRIBED HEREIN. Neither the District nor its consultants have any obligation to verify the truth or accuracy of the information provided by a business in Form 1295, and neither have any obligation nor undertake responsibility for advising any bidder with respect to the proper completion of Form 1295.

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

1. Contractor shall; (1) preserve all Contracting Information (defined below) in contractor’s possession related to this contract as provided by the District’s records control schedule (available upon request, also see https://www.tsl.texas.gov/slrm/localretention) for the duration of the Contract;

(2) promptly provide to the District on the District’s request any Contracting Information in contractor’s custody or possession; (3) on completion of the contract, either provide at no cost to the District all Contracting Information related to the contract in contractor’s possession, or preserve such Contracting Information as provided by the District’s records control schedule. For purposes of this contract, Contracting Information means information related to the contract in the contractor’s custody or possession, including:

a. information in a voucher or the contract relating to the receipt or expenditure of public funds by the District;

b. solicitation or bid documents relating to the contract with the District;

c. communications sent between the District and the contractor during the solicitation, evaluation, or negotiation of the contract;

d. documents, including bid tabulations, showing the criteria by which, the

District evaluated contractor or potential contractors responding to a solicitation and, if applicable, an explanation of why contractor was selected; and

e. communications and other information sent between the District and contractor related to the performance of the contract work performed thereunder on behalf of the District.

In submitting a bid, bidder and or contractor declares that it has not received from a governmental body a notice of noncompliance with a provision of Subchapter J, Chapter 552, Texas Government Code, or, if such a notice has been received, that bidder and or contractor has taken adequate steps to ensure future compliance with such subchapter and has provided or upon request will provide documentation of same.

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3.08 Subcontractors and Suppliers

The low Bidder shall supply the names and addresses of major material Suppliers and Subcontractors when requested to do so by the OWNER.

3.09 Bonds and Insurance

A. PERFORMANCE BOND, PAYMENT BOND, MAINTENANCE BOND AND

CERTIFICATE OF INSURANCE will be required for this project and shall be submitted by the CONTRACTOR with the executed AGREEMENT.

B. The following items are considered minimum criteria for meeting performance and payment bond requirements. Failure to meet these minimum criteria shall be basis for disqualification of the Bidder’s Proposal.

1. The Surety Company must be authorized to do business in Texas and such authorization must be recorded in the files of the State Board of Insurance.

2. The Surety Company must be authorized to issue payment and performance bonds in the amount required for the particular contract and such authorization must be recorded in the files of the State Board of Insurance.

3. The person executing the payment and performance bonds must be a licensed

Texas local recording agent and such licensing must be recorded in the files of the State Board of Insurance.

4. The person executing the payment and performance bonds must be authorized by the Surety Company to execute performance and payment bonds on behalf of the company in the amount required for the contract and such authorization must be recorded in the files of the State Board of Insurance.

5. The Surety Company must have a rating of at least "B+" in the current Best's

Key Rating Guide.

3.10 Qualified Bids

A. By execution of the Agreement, the OWNER agrees to pay the CONTRACTOR in current funds the prices shown in the Proposal, such payments to be subject to the General and Special Conditions of the Contract.

B. The OWNER will not accept a bid proposal in which the Bidder qualifies his bid as to the OWNER having to provide a Letter of Credit, Allocation of Funds or other proof of ability to pay, including, but not limited to the review of its financial statements in connection with the award of construction contracts. Any bidder who has a question concerning this should, prior to bidding, satisfy himself through verbal discussions with the OWNER as to their ability to pay.

PART 4 MEASUREMENT AND PAYMENT

4.01 Measurement

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No separate measurement will be made for the work in this section.

4.02 Payment

Payment shall be made according to the Base Bid price for “Bonds”. If no such item is listed, the cost of bonds for the project shall be included in the other process for the WORK.

END OF SECTION

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SECTION 00700

GENERAL CONDITIONS OF AGREEMENT

PART 1 DEFINITIONS OF TERMS

1.01 OWNER, CONTRACTOR and ENGINEER

The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and/or Special Conditions and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR.

1.02 Contract Documents

A. The Contract Documents shall consist of the Notice To Bidders (Advertisement), Special Conditions (including Instructions to Bidders), Proposal, signed Agreement, Performance, Payment, and Maintenance Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Drawings, and all modifications thereof incorporated in any of the documents before the execution of the Agreement.

B. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, the priority of interpretation shall be such that the CONTRACTOR shall be bound by the more stringent requirements as determined by OWNER and/or Engineer.

1.03 Subcontractor

The term Subcontractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

1.04 Written Notice

Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail postage paid to the last business address known to him who gives the notice or by confirmed telecopy.

1.05 Work

The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work

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«Project_No._ 510102601» covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

1.06 Extra Work

The term "Extra Work" as used in the Contract Documents shall be understood to mean and include all Work that may be required by the ENGINEER and OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the Work upon the Drawings, or reasonably implied by the Specifications, and not covered by the CONTRACTOR’s Proposal, except as provided under "Change and Alteration", herein.

1.07 Completed or Completion

The term "Substantial Completion" as used herein shall be defined to mean the performance of all Work by CONTRACTOR in accordance with the Contract Documents, exclusive of minor items of unfinished work which in OWNER’s and ENGINEER’s opinion do not preclude beneficial use of the premises by OWNER. The term “Completion” as used herein shall be defined to mean the performance of all Work by CONTRACTOR in accordance with the Contract Documents, including completion of all punch list items to the satisfaction of OWNER and ENGINEER.

PART 2 RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 OWNER - ENGINEER Relationship

The ENGINEER will be the OWNER’s representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER’s representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER’s instructions to the CONTRACTOR shall be issued through the ENGINEER, unless OWNER advises CONTRACTOR to the contrary in writing.

2.02 Professional Field Project Representation by ENGINEER

The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed Work and to determine if such Work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the Work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.

Notwithstanding any other provision of the Contract Documents, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors or any other person, firm or corporation performing or attempting to perform any of the Work.

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2.03 Payments for Work

The ENGINEER shall review CONTRACTOR’s application for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRACTOR constitutes a representation to the OWNER of ENGINEER’s professional judgment that the Work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. The OWNER shall be entitled to rely on such approval in making payment to

CONTRACTOR.

2.04 Initial Determinations

The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents and the ENGINEER’S decision shall be rendered in writing to OWNER within a reasonable time subject to OWNER’s reasonable concurrence.

2.05 Lines and Grades

Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefore. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by CONTRACTOR’s employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR’s expense.

2.06 CONTRACTOR’S Duty and Superintendence

A. The CONTRACTOR covenants that all the Work shall be done in a good and workmanlike manner and that all materials furnished and used in connection therewith shall be new and approved by ENGINEER, except as otherwise expressly provided in the Contract Documents. CONTRACTOR shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing of equipment and equipment of the improvements required by the Contract Documents.

B. The CONTRACTOR shall provide competent supervision in all phases of the Work and shall cause the Work to be performed in strict and complete conformity with the Contract Documents and all things indicated or implied therefrom. The CONTRACTOR shall keep on the Work, during its progress, a competent superintendent and all necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be binding as if given to the CONTRACTOR.

C. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under the Contract Documents, with full power and authority to select the means, method and

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«Project_No._ 510102601» manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Drawings, Specifications and the other CONTRACT DOCUMENTS.

D. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other persons, as a result of his operations hereunder. Drawings and Specifications as well as any additional information concerning the Work to be performed passing from or through the ENGINEER that differs from the Contract Drawings and Specifications shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the Contract Drawings and Specifications, or the intent of such Contract Drawings and Specifications. CONTRACTOR SHALL BE FULLY AND COMPLETELY LIABLE, AT

HIS SOLE EXPENSE, FOR DESIGN, CONSTRUCTION, INSTALLATION AND

USE, OR NON-USE, OF ALL ITEMS AND METHODS INCIDENT TO

PERFORMANCE UNDER THE CONTRACT DOCUMENTS, AND FOR ALL LOSS,

DAMAGE OR INJURY INCIDENT THERETO, EITHER TO PERSON OR

PROPERTY, INCLUDING, WITHOUT LIMITATION, THE ADEQUACY OF ALL

TEMPORARY SUPPORTS, SHORING, BRACING, SCAFFOLDING, MACHINERY

OR EQUIPMENT, SAFETY PRECAUTIONS OR DEVICES, AND SIMILAR ITEMS

OR DEVICES USED BY HIM DURING CONSTRUCTION.

E. Any review of work in progress, or any visit or observation during construction, or any clarification of Drawings and Specifications, by the ENGINEER, or any agent, employee, or representative of the ENGINEER, whether through personal observation on the Project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work complete or being performed, as measured against the Drawings and Specifications, complete with the Contract Documents, or for the purpose of enabling CONTRACTOR to more fully understand the Drawings and Specifications, so that the completed Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of the Project, including but without limitation to propriety of means and methods of the CONTRACTOR in performing said Work, and the adequacy of any Designs, Drawings or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from Drawings and Specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRACTOR’S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all Work in accordance with said Drawings and Specifications.

2.07 CONTRACTOR’s Understanding

It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or

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«Project_No._ 510102601» employee of the OWNER or ENGINEER either before or after the execution of these Contract Documents, shall affect or modify any of the terms or obligations herein contained.

2.08 Character of Workmen

The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under these Contract Documents, to do the Work;

and agrees that whenever the ENGINEER or OWNER shall inform him in writing that any worker(s) on the Work are, in their opinion, incompetent, unfaithful or disorderly, such worker(s) shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER’S and OWNER’S written consent.

2.09 CONTRACTOR’s Building

The building or structures for housing worker(s), or the erection of tents or other forms of protection, will be permitted only at such places as the OWNER and ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER and ENGINEER.

2.10 Sanitation

Necessary sanitary conveniences, more particularly, self-contained temporary portable toilets, for the use of laborers on the Work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. The CONTRACTOR shall maintain the portable toilets in a clean and sanitary condition.

2.11 Shop Drawings

A. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in the Work or in that of any other Subcontractor or person, six (6) checked copies, unless otherwise specified, of all shop and/or setting-out drawings and schedules required for the work of the various trade. The ENGINEER shall review them with reasonable promptness. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER’s approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from Drawings or Specifications, unless he has in writing called the ENGINEER’s attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR’s responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Work in accordance with the Drawings and Specifications and within the contract time.

B. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the Drawings and Specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth.

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«Project_No._ 510102601»

2.12 Preliminary Approval

A. The ENGINEER shall not have the power to waive the CONTRACTOR’s obligations in furnishing good material, and of his performing good work as herein described, and in full accordance with the Drawings and Specifications. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform under the Contract Documents, including without limitation, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or materials; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall not be binding on the OWNER, unless it can be clearly shown that such material furnished meets the specifications for the Work.

B. Any questioned Work may be ordered taken up or removed for re-examination, by the ENGINEER, with OWNER’s consent prior to final acceptance, and if found not in accordance with the SPECIFICATIONS for said Work, all expenses of removing, reexamination and replacement shall be borne by the CONTRACTOR otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such Work without requesting prior field observation or approval he shall bear all expense of taking up, removing, and replacing this Work if so directed by the ENGINEER.

2.13 Defects and Their Remedies

A. The CONTRACTOR shall re-execute any parts of the Work that, in the opinion of the

OWNER and ENGINEER, fail to conform with the requirements of the Contract Documents.

B. The CONTRACTOR shall remedy any defects in the Work due to faulty material or workmanship which appear within a period of one (1) year from the time of completion of the Work hereunder or within such longer period of time as may be set forth in the Contract Documents. CONTRACTOR agrees to commence remedial measures within three (3) calendar days of OWNER’s notice to CONTRACTOR of such defects, failing which, OWNER shall be entitled to engage separate contractors to correct such defects and recover the entire cost incurred by OWNER in connection with remedying such defects from CONTRACTOR. As used in this paragraph, “entire cost” shall have the meaning as set forth at Paragraph 7.1C of these General Conditions. CONTRACTOR’s warranty in connection with any work found to be defective and subsequently remedied, shall be extended with respect to such work for an additional period of one (1) year from the time of OWNER’s acceptance of the corrected Work. CONTRACTOR’s obligation with respect to such additional warranty period shall be as set forth in this paragraph.

C. The CONTRACTOR shall replace, repair, restore without limitation any parts of the improvements, equipment or other items placed therein (whether by OWNER or any third party) that are injured or damaged by such parts of the Work that do not conform to the requirements of the Contract Documents, or defects in the Work. The provisions of this SECTION 2.13 apply to Work done by Subcontractors as well as Work done by direct employees of CONTRACTOR. The cost of performing any of its

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«Project_No._ 510102601» obligations under this SECTION 2.13 shall be payable to OWNER solely by CONTRACTOR. Should CONTRACTOR fail to correct such defects within a reasonable time, not to exceed sixty (60) days after notice thereof from OWNER to CONTRACTOR, OWNER may repair, replace or restore at the sole expense of the

CONTRACTOR.

2.14 Changes and Alterations

A. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, Drawings or materials for the Work herein contemplated, or any part thereof, either before or after the beginning of the Project, without affecting the validity of the Contract Documents and the accompanying Bonds.

B. If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the Work that may be dispensed with, except as provided for unit price items under SECTION 5 "Measurement and Payment". If the amount of Work is increased during the term of this Contract, such increase shall be paid for according to the quantity actually done and at the unit price, established for such work under the Contract Documents, except as provided for unit price items under SECTION 5 "Measurement and Payment”. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for the actual reasonable expenses for materials and equipment incurred in preparation for the Work as originally planned.

2.15 Supplemental Conditions

See Attachment A – Supplemental Conditions of Agreement.

PART 3 GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 Accessibility of Drawings

The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Drawings and Specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the Work, with the latest revisions noted thereon.

3.02 Ownership of Drawings

All drawings, specifications and copies thereof furnished by ENGINEER are not to be used by CONTRACTOR on any other project, and with the exception of one set furnished CONTRACTOR, are to be returned to ENGINEER on completion of the Work.

3.03 Adequacy of Design

It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed Project; provided that CONTRACTOR has

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«Project_No._ 510102601» complied with the requirements of the Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has strictly complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto.

3.04 Right of Entry

The OWNER including OWNER's agents, employees and contractors reserves the unrestricted right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the Work, or for the purpose of constructing or installing such collateral work as said OWNER may desire.

3.05 Equipment, Materials, and Construction Plant

The CONTRACTOR shall be solely responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire Work is completed and accepted.

3.06 Damages

In the event the CONTRACTOR is damaged in the course of the completion of the Work by the act, neglect, omission, mistake or default of the OWNER,or of the ENGINEER, or of any other person employed by the OWNER upon the Work, thereby causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such actual loss. In the event the OWNER is damaged in the course of the Work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the Work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall fully save, defend and hold harmless the OWNER for such loss.

3.07 Protections Against Accident to Employees and the Public

The CONTRACTOR shall at all times be responsible for the safety of employees and others on or near the Work and shall comply with all applicable provisions of Federal, State, Municipal and Environmental safety laws including but not limited to the Federal Occupational Safety and Health Act, and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor.

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«Project_No._ 510102601»

3.08 Losses from Natural Causes

Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne solely by the CONTRACTOR at his own cost and expense.

3.09 Protection of Adjoining Property

The CONTRACTOR shall take proper means to protect the adjacent or adjoining properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under the Contract Documents, from any damage or injury by reason of said process of construction; and CONTRACTOR shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to save, defend and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance under the Contract Documents;

indemnity hereunder shall not apply to any claim of any kind arising solely out of the existence or character of the Work.

3.10 Performance, Payment and Maintenance Bonds

A. Unless otherwise specified, it is further agreed by the parties that the

CONTRACTOR will execute separate performance bond, payment bond, and maintenance bond, if required, each in the sum of one hundred (100) percent of the total contract price, on forms for this purpose as provided by OWNER, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Work, and it is agreed that the Contract Documents shall not be effective against OWNER until such performance, payment and maintenance bonds are furnished and approved by the OWNER.

B. Unless otherwise approved in writing by the OWNER, the surety companies underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States.

3.11 Protection Against Claims of Subcontractors, Laborers, Suppliers, and

Furnishers of Machinery, Equipment and Supplies

A. The CONTRACTOR shall not permit or suffer to exist any laborer's, supplier's, mechanic's or other similar lien to be filed or otherwise imposed on any part of the Work or the property on which the Work is performed. If any laborer’s, supplier's, mechanic's or other lien or claim thereof is filed, and if CONTRACTOR does not cause such lien to be released and discharged or claim settled forthwith, or file a bond in lieu thereof, OWNER shall have the right to pay all sums necessary to obtain such release, discharge, or settlement and deduct all amounts so paid from CONTRACTOR'S unpaid compensation until the total amount of same shall be recouped. If any such lien is filed or otherwise imposed, then at the request of OWNER, CONTRACTOR shall cause such lien to be released or otherwise discharged. CONTRACTOR shall save, defend and hold harmless OWNER from all

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«Project_No._ 510102601» claims, losses, demands, causes of action arising out of such lien or claim, whatsoever including but not limited to reasonable attorneys' fees.

B. The CONTRACTOR shall use its best efforts to cause all Subcontractors and other parties furnishing labor or materials for the Work to subordinate their liens to the liens securing payment of sums now or hereafter borrowed by OWNER in connection with the construction of the improvements contemplated by the Contract Documents.

3.12 Protection Against Royalties or Patented Invention

The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee or owner. THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD OWNER HARMLESS FROM ANY AND ALL LOSS, EXPENSE, FINES, PENALTIES, SUITS, CLAIMS OR DEMANDS RELATING TO OR ARISING OUT

OF AN INFRINGEMENT OF ANY PATENT OR COPYRIGHT RIGHTS, EXCEPTING ONLY

TO THE EXTENT THAT OWNER HAS SPECIFIED A PARTICULAR DESIGN, DEVICE,

MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR

MANUFACTURERS IS SPECIFIED OR REQUIRED BY OWNER; PROVIDED, HOWEVER,

IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL, OR PROCESS IS ALLOWED

TO THE CONTRACTOR, THEN CONTRACTOR SHALL BE OBLIGATED TO INDEMNIFY

OWNER IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives information to the OWNER.

3.13 Laws and Ordinances

The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, notice of now existing or hereinafter enacted, which in any manner affect the Work, including, but not limited to, the development of any drawings, specifications, documents, procedures, inspections, certifications, or any other matter required by the Environmental Protection Agency in connection with Storm Water Pollution Prevention, and shall save, defend and hold harmless the OWNER and ENGINEER against any such claim arising from violation of any laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are mandated by the provisions of the Contract Documents. If the CONTRACTOR observes that the Drawings and Specifications are at variance with such laws, ordinances or regulations, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the Contract Documents for changes in the Work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER and OWNER, he shall bear all costs arising therefrom.

3.14 Prevailing Wage Rates

The CONTRACTOR shall comply with the Prevailing Wage Rate requirements for each of its employees, as determined by the U.S. Department of Labor for the applicable municipality where the project is being constructed and as periodically amended by said municipalities.

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3.15 Assignment and Subletting

The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of the Contract and that he will not assign by Power of Attorney, or otherwise, or sublet the Contract without the written consent of the ENGINEER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER.