Brighton Sec 2 WS_D - Spec Book.pdf

WATER, SANITARY &

DRAINAGE FACILITIES

BRIGHTON SEC 2

Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 2322 W Grand Pkwy N, Suite 150 Katy, Texas 77449 832.913.4000

FOR BIDDING

PURPOSES

8/28/26

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

WATER, SANITARY & DRAINAGE FACILITIES

IN

BRIGHTON SEC 2

FOR

KB HOME LONE STAR, INC.

ON BEHALF OF

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 610

HARRIS COUNTY, TEXAS

September 2026

QE Project # 05203-0308-01

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

WATER, SANITARY & DRAINAGE FACILITIES

IN

BRIGHTON SEC 2

FOR

KB HOME LONE STAR, INC.

ON BEHALF OF

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 610

HARRIS COUNTY, TEXAS

TABLE OF CONTENTS

BIDDING REQUIREMENTS Page No.

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

Instruction to Bidders................................................................................................. A-3

Bid Form .................................................................................................................... A-7

CONDITIONS OF THE CONTRACT

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

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

Prohibition of Boycotting Israel ................................................................................. PBI-1

Foreign Terrorists ....................................................................................................... T-1

Prevailing Wage Rates

Standard Form of Agreement ................................................................................... SF-1

Performance and Payment Bonds ............................................................................. PB-1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work ...................................................................................................... 01010-1

Cutting and Patching ................................................................................................. 01070-1

Submittals ................................................................................................................. 01300-1

Shop Drawings, Products Data and Samples ............................................................ 01340-1

Schedule of Values .................................................................................................... 01370-1

Testing Laboratory Services ...................................................................................... 01411-1

Field Project Representatives Services ..................................................................... 01420-1

Construction Staking Scope ....................................................................................... 01430-1

Temporary Facilities and Controls ............................................................................ 01500-1

Cleaning and Adjusting .............................................................................................. 01710-1

Project Record Documents ....................................................................................... 01720-1

DIVISION 2 - SITE WORK

Embankment ............................................................................................................. 02212-1

Excavation, Trenching, and Backfilling for Utilities ................................................... 02220-1

Cement – Sand Backfill .............................................................................................. 02221-1

Structural Excavation and Backfill ............................................................................. 02222-1

Trench Safety System ................................................................................................ 02226-1

Waste Material Disposal ............................................................................................ 02227-1

Rip Rap ....................................................................................................................... 02228-1

Storm Sewers ............................................................................................................ 02500-1

Sewer Manhole Sealing .............................................................................................. 02502-1

Concrete Drainage Structures ................................................................................... 02513-1

Manholes.................................................................................................................... 02514-1

Concrete Construction for Structures ....................................................................... 02515-1

Dewatering and Drainage of Excavation ................................................................... 02530-1

Water Distribution Mains........................................................................................... 02555-1

Sanitary Sewers .......................................................................................................... 02560-1

Television Inspection……………………………………………..………………………………………………02563-1

Well Point System ...................................................................................................... 02600-1

Control of Erosion and Erosion Control Structures .................................................... 02630-1

A-1

INVITATION TO BID

Sealed bids in duplicate addressed to KB Home Lone Star, Inc on behalf of Harris County Municipal District No. 610 will be received electronically, until 10:00 a.m. Local Time, Friday, September 11th, 2026, and then publicly opened and read for the construction of Brighton Sec 2 Water, Sanitary & Drainage Facilities for KB Home Lone Star, Inc on behalf of Harris County Municipal Utility District No. 610, Harris County, Texas. You may view the public opening of sealed Bids via Microsoft Teams. To join via Microsoft Teams below is information to attend the bid opening by teleconference.

Bid Opening / Brighton Sec 2 Water, Sanitary & Drainage Facilities

05203-0308-01

Friday, September 11th, 2026, 10:00 AM - 10:30 AM (CDT)

Call Number: +1 832-856-3756

Phone Conference ID: 159 850 511#

Scope of Work of the Contract includes the following:

The project is located in Harris County, Texas. The site is located on Botkins Road, east of Roberts Road and west of

Becker Road. Key Map 284V. The project includes water, sanitary, and drainage for the existing site.

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 bidding documents are available at www.civcastusa.com.

Bids received after the closing time will not be considered. An OPTIONAL pre-bid conference will be held on Friday, September 4th, 2026, at 10:00 a.m. Central Standard Time, via teleconference. Below is the contact information to attend the pre-bid by teleconference.

Pre-Bid / Brighton Sec 2 Water, Sanitary & Drainage Facilities 05203-0308-01 Friday, September, 4th, 2026, 10:00 AM – 10:30 AM (CDT)

Call Number: +1 832-856-3756 Phone Conference ID: 878 445 216#

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.

- - o 0 o - -http://www.civcastusa.com/

A-3

INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work: The project includes water, sanitary, and drainage of existing site.

b. The Owner.

KB Home Lone Star, Inc.

On behalf of Harris County Municipal Utility District 610 11314 Richmond Avenue Houston, Texas 77082 Attention: Ms. Johanna Strong Telephone: (832) 878-9572

c. The Engineer.

Quiddity Engineering, LLC 2322 W Grand Parkway North Suite 150 Katy, Texas 77449 Attention: Ms. Tasha M. Fuller, PE Telephone: (832) 913-4000

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received until 10:00 a.m. Local Time, Friday September 11th, 2026 electronically.

b. Bids received after this time will not be opened and will be delivered to the Owner for its consideration.

c. There will be an OPTIONAL pre-bid conference Friday, September 4th, 2026 at 10:00 a.m. via teleconference. The number for this call is: 1-832-856-3756. Enter access code 878 445 216# when prompted. Attendance by each prospective bidder or its representative at the pre-bid conference is

OPTIONAL.

d. Bid opening will be held immediately after the time for receipt of bids has expired.

e. Bids will be opened publicly and read aloud. All interested parties are invited to attend.

3.0 BIDDING DOCUMENTS

a. Bidding documents include all documents available during the bidding period, including the instruction to bidders, contract forms, conditions of the contract, specifications, drawings and addenda, if any.

b. Bidders may purchase copies of the bidding documents at www.civcastusa.com.

4.0 SEPARATED CONTRACT PROVISIONS

a. Contractor must abide by all state and local laws regulating sales tax exemption for work being performed for tax exempt entities. Provisions are provided in Section 5.03 of the Special Conditions.

tel:+18328563756,,279689440#

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b. Contractor is responsible for obtaining all permits required by the work at no additional cost to the Owner, except as may specifically be exempted in the Special Conditions. Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done.

5.0 EXAMINATION

a. Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done.

b. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site.

c. Adjusting payments will not be authorized for work that could have been foreseen by a careful examination of the site.

d. Submission of a bid constitutes acceptance by the bidder of existing site conditions as a part of the requirements of this work.

6.0 COMPLETION TIME

a. The work shall be substantially completed within 80 calendar days from date of Notice to Proceed.

b. Submission of a bid constitutes acceptance by the bidder of the completion time as a part of the requirements of this work.

7.0 QUESTIONS

a. In ample time to permit consideration before reply, submit questions about bidding instruments to the

Engineer.

b. Necessary replies will be issued to bidders of record as addenda, which becomes a part of the bidding instruments. Oral instructions do not form a part of the bidding instruments.

c. Bidders should contact the Engineer not less than 72 hours before bid opening to secure any addenda that may affect bidding.

8.0 SUBMITTAL

a. Sealed bids in duplicate addressed to KB Home Lone Star, Inc., on behalf of Harris County Municipal Utility

District No. 610 will be received electronically until 10:00 a.m. Local Time, Friday, September 11th, 2026 and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of: Water, Sanitary, and Drainage of Brighton Sec 2.

The bids will be received electronically bid through CivcastUSA. The electronic bids will be publicly opened and read via teleconference call.

Bid will be publicly read aloud at the time the bids are due via teleconference call. The number for this call is: 1-832-856-3756, Enter access code 159 850 511# when prompted.

A-5

b. Submit bid on the bid form provided. Fill in all blanks. If no amount is to be included, insert three zeros in the space. Include all unit cost items and all alternatives shown on the bid form; failure to comply may be cause for rejections. No segregated bids or assignments will be considered.

c. Do not alter the bid form with written memoranda or qualifications. Any explanation, alteration, or other statements proposed by the bidder must be written separately, signed independently, and included in the bid envelope. Bids may not be modified after submittal.

d. Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation, the bid must be signed with the legal name of the corporation followed by the name of the State of Incorporation and the legal signature of a person authorized to bind the corporation to a contract.

9.0 BID SECURITY

a. For construction contracts over $250,000, the bidder shall submit either a 2% certified or cashier’s check or a five percent (5%) bid bond of the maximum total bid amount. Make the cashier's check or bid bonds payable to the Owner.

b. The bid security will be forfeited to the Owner by the bidder as damages as default if the bidder fails to execute and deliver a contract and bonds as required.

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Bidder must be capable of executing satisfactory performance bond, payment bonds for 100 percent (100%) of the contract sum in accord with the conditions of the contract.

11.0 WITHDRAWAL

a. Bids may be withdrawn any time before bid opening but may not be resubmitted.

b. Bids may not be withdrawn or modified after bid opening time unless the award of the contract has been delayed more than 90 days.

12.0 QUALIFICATIONS OF BIDDERS

a. The Owner may make any investigations deemed necessary to determine the bidder's ability to perform the work. When requested, furnish such information and data necessary for this purpose.

b. The Owner reserves the right to reject any bid if evidence submitted by or investigation of the bidder indicate that the bidder is not properly qualified in the opinion of the Owner, to complete the work satisfactorily.

13.0 AWARD OF CONTRACT

The Owner is not obligated to accept the lowest bid or any bid. The Owner reserves the right to reject any or all bids and to waive any informalities in bids or in bidding. The Owner may accept any bid deemed advantageous. The contract award may include full consideration of unit prices, alternates, and time of completion.

A-6

14.0 RETURN OF SIGNED CONTRACTS

By submitting a bid, the Contractor agrees to return signed contracts with proper bonds and insurance certificates within 14 calendar days after the Engineer has given the unsigned contracts to the Contractor.

Should the Contractor fail to return properly executed contracts within 14 days, the Engineer may disqualify that Contractor and recommend that the Owner enter into contracts with the next highest bidder.

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Bid of ________________________________________________ an individual proprietorship / a corporation organized and existing under laws of the State of Texas / a partnership of _______________________________________________.

OWNER: KB Home Lone Star obo Harris County MUD No. 610

PROJECT: Construction of Water, Sanitary & Drainage Facilities in Brighton Sec 2

DATE: August 20, 2026

JOB NO.: 05203-0308-01

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

UNIT A: BRIGHTON SEC 2 MOVE-IN & START-UP

A 1 Move-in and start-up, including performance & payment bond for 100 percent (100%) of the contract amount for units B-E. LS 1 $ $

UNIT B: BRIGHTON SEC 2 WATER DISTRIBUTION SYSTEM

B 1 8-inch C-900 AWWA (DR18) Class 235, waterline (including fittings, bedding, backfill and testing), complete in place. LF 1,956 $ $

B 2 8-inch C-900 AWWA (DR18) Class 235, restrained joint waterline (including fittings, bedding, backfill, and testing), complete in place. LF 637 $ $

B 3 6-inch C-900 AWWA (DR18) Class 235, waterline (including fittings, bedding, backfill and testing), complete in place. LF 60 $ $

B 4 Single 1-inch polyethelene near side water leads (including wye and plugs), complete in place. EA 50 $ $

B 5 Single 1-inch polyethelyne far side water leads (including wye and plugs), complete in place. EA 81 $ $

B 6 8" gate valve and box, bury as shown, (including lead), complete in place. Ea 7 $ $

B 7 6" gate valve and box, bury as shown, (including lead), complete in place. Ea 2 $ $

B 8 Flushing valve, bury as shown, (including lead and gate valve), complete in place. Ea 7 $ $

B 9 Final adjustment of all flush valves, as directed by the Engineer, comeplete in place. Ea 7 $ $

BID FORM

SUBTOTAL, UNIT A

A-7

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

B 10 2-inch blow-off and box, complete in place. Ea 3 $ $

B 11 8" Plug and Clamp, complete in place. Ea 1 $ $

B 12 6" Plug and Clamp, complete in place. Ea 2 $ $

B 13 Connect proposed 8-inch waterline to existing 8-inch waterline, including removal of existing 2-inch blow-off and 8-inch plug, complete in place. Ea 3 $ $

UNIT C: BRIGHTON SEC 2 SANITARY SEWER SYSTEM

C 1 8-inch ASTM D 3034 SDR 26 sanitary sewer pipe, 0'-8' depth, (including air testing, mandrel testing, bedding and backfill), complete in place. LF 1,800 $ $

C 2 8-inch ASTM D 3034 SDR 26 sanitary sewer pipe, 8'-12' depth, (including air testing, mandrel testing, bedding and backfill), complete in place. LF 831 $ $

C 3 8-inch ASTM D 3034 SDR 26 sanitary sewer pipe, greater than 12' depth, (including air testing, mandrel testing, bedding and backfill), complete in place. LF 943 $ $

C 4 Sanitary sewer manhole, standard depth (including vacuum testing, foundation, and cement stabilized sand backfill per detail), complete in place. Ea 13 $ $

C 5 Extra depth sanitary sewer manhole, greater than 8 foot depth, complete in place. VF 33 $ $

C 6 Final vertical adjustment of sanitary sewer manholes 2-inches above adjacent natural ground, complete in place. EA 13 $ $

C 7 8-inch sanitary sewer plug, Complete in Place. Ea 2 $ $

C 8 Sanitary sewer stacks, complete in place. Ea 50 $ $

C 9 Sanitary sewer stacks, greater than 3 foot depth, complete in place. VF 220 $ $

C 10 Double near side 6-inch sanitary sewer leads (including wye and plugs), complete in place. EA 40 $ $

C 11 Single near side 6-inch sanitary sewer leads (including wye and plugs), complete in place. EA 4 $ $

C 12 Double far side 6-inch sanitary sewer leads (including wye and plugs), complete in place. EA 24 $ $

C 13 Single far side 6-inch sanitary sewer leads (including wye and plugs), complete in place. EA 2 $ $

SUBTOTAL, UNIT B

A-8

C 14 Remove 8-inch plug to connect proposed 8-inch sanitary sewer to existing 8-inch sanitary sewer (including bedding, backfill, and testing), complete in place. EA 3 $ $

UNIT D: BRIGHTON SEC 2 STORM SEWER SYSTEM

D 1 24-inch Polypropylene Pipe (PP), ASTM Specification F2881 of AASHTO M330, all depths, (including bedding and backfill), as specified per TxDOT Specification 468 & 4710, complete in place LF 1,405 $ $

D 2 30-inch Polypropylene Pipe (PP), ASTM Specification F2881 of AASHTO M330, all depths, (including bedding and backfill), as specified per TxDOT Specification 468 & 4710, complete in place LF 603 $ $

D 3 36-inch Polypropylene Pipe (PP), ASTM Specification F2881 of AASHTO M330, all depths, (including bedding and backfill), as specified per TxDOT Specification 468 & 4710, complete in place LF 203 $ $

D 4 48-inch Polypropylene Pipe (PP), ASTM Specification F2881 of AASHTO M330, all depths, (including bedding and backfill), as specified per TxDOT Specification 468 & 4710, complete in place LF 169 $ $

D 5 24-inch RCP, ASTM C-76, Class III, all depths, (including bedding and backfill), complete in place. LF 267 $ $

D 6 Type "C" manhole for 24"-42" pipe, standard depth, complete in place. Ea 12 $ $

D 7 Extra depth type "C" manhole for 24"-42" pipe, 8'+ depth, complete in place. VF 27 $ $

D 8 Type Large "C" manhole for 48"+ pipe, standard depth, complete in place. Ea 4 $ $

SUBTOTAL, UNIT C

A-9

D 9 Extra depth type Large "C" manhole for 48" + pipe, 8'+ depth, complete in place. VF 25 $ $

D 10 Final vertical adjustments of Type "C" manholes, complete in place. Ea 16 $ $

D 11 Lower portion "B-B" inlets, complete in place. Ea 14 $ $

D 12 Upper portion "B-B" inlets, complete in place. Ea 14 $ $

D 13 Type "E" inlets, complete in place. Ea 2 $ $

D 14 Contractor to remove existing E-inlet top and replace with C-Manhole top, complete in place. EA 2 $ $

D 15 Connect proposed 24" storm sewer to existing 24" storm sewer. EA 1 $ $

D 16 Connect proposed 30" storm sewer to existing 30" storm sewer. EA 1 $ $

D 17 Contractor to remove existing E-inlet and existing 24-inch storm pipe and grout opening of existing manhole & provide water tight seal, complete in place.

EA 1 $ $

D 18 Remove 8-inch thick Brick Plug at existing 48-inch RCP and connect proposed 48-inch RCP (including bedding and backfill), complete in place.

EA 1 $ $

D 19 Rough and final grading extreme event swale and channel top of bank as shown on the construction plans sheet 17, complete in place. LF 135 $ $

D 20 Place seed over extreme event swale. Contractor to ensure growth and coverage of at least eighty percent (80%) of disturbed area by vegetation and whatever means necessary, including re-seeding, over-seeding, fertilization and mowing SY 330 $ $

$SUBTOTAL, UNIT D

A-10

UNIT E: BRIGHTON SEC 2 ADDITIONAL ITEMS

E 1 Utility Construction Staking to be performed by Quiddity Engineering, LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor. LS 1 $ 20,000$ $ 20,000$

E 2 Excess utility excavation material to be spread and compacted (to 95%) on lots, as directed by Engineer.

CY 3,973 $ $

E 3 Construction entrance installation and maintenance of stabilized construction entrance per sheet 24 detail.

EA 1 $ $

E 4 Installation and maintenance of reinforced filter fabric fence per sheet 10 detail. Filter fabric to remain in place and become the property of the owner after construction is complete. LF 10,027 $ $

E 5 Well Point System, complete in place and operated per specifications, as directed by Engineer. LF 500 $ $

E 6 Wet sand construction for sanitary sewer and storm sewer, as directed by Engineer. LF 500 $ $

E 7 Extra bank sand, as directed by Enginer. CY 100 $ $

E 8 Extra cement sand, as directed by Engineer. CY 100 $ $

E 9 Hydromulch seeding in ROW, as directed by Engineer.

Contractor to ensure growth of vegetation by whatever means necessary including re-seeding or watering at no separate pay, as directed by Engineer.

AC 1.8 $ $

E 10 Haul and dispose of all trash and debris on project site.

Contractor to visit site prior to bid date.

T.L. 5 $ $

E 11 Trench safety system for 1-23" pipe, all depths. LF 6,227 $ $

E 12 Trench safety system for 24-inch and greater pipe, all depths.

LF 2,647 $ $

E 13 Inlet protection (sand bags, hay bales, or approved equal) as per Pollution Prevention Site Plan (including installation, maintenance, and removal after construction). EA 16 $ $

E 14 Concrete Truck Washout Area, as directed by Engineer, and in accordance with details, complete in place. Exact location to be determined in field. EA 1 $ $

$TOTAL BASE BID (UNITS A-E)

SUBTOTAL, UNIT E

A-11

a. Incorporated Material $

b. Non-Incorporated Material $

c. All Other Costs and Fees $

D.R. Horton-Texas, Ltd. obo Harris County MUD No. 610

TOTAL BASE BID $

1.

2.

Calendar Days to Complete

A

Construction of Water, Sanitary & drainage Facilities in Brighton Sec 2 (Stage 2 Utilities)

B

(not to exceed 60 calendar days)

It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement.

The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for 90 days following date of bid opening.

Construction of Water, Sanitary & drainage Facilities in Brighton Sec 2 (Stage 1 Utilities)

(Completion time not to exceed 20 calendar days from notice to proceed)

Contract Period of Performance = days

(Completion time not to exceed 40 calendar days from notice to proceed)

Description

The total value of the work equals the total of the following items, each of which shall be billed separately by Contractor to Owner:

(Must equal Total Base Bid above)

The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner/Engineer shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above.

SUBSTITUTIONS: If necessary, attach detailed explanation to proposal.

(Add) (Deduct)

(Add) (Deduct)

It is understood and agreed that the work for Construction of Water, Sanitary & drainage Facilities in Brighton Sec 2 shall be complete in full within the specified number of calendar days listed in the table below (not to exceed 60 calendar days) after the date on which work is to be commenced as established by the Contract Documents. One Notice to Proceed will be issued for the work.

CONTRACTOR TO FILL IN COMPLETION TIME THEY BID

A-12

Date Signed

By (Title)

SEAL (if Bidder is a Corporations)

Acknowledge receipt of Addenda Below:

Addendum No. _______ _______ _______ _______ _______

Date Received _______ _______ _______ _______ _______

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(Address)

(Telephone Number)

(Witness)

In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications.

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct

(Company)

It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned.

It is understood that the Owner reserves the right to reject any and all bids.

A-13

GC-1

TABLE OF CONTENTS

FOR

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

1.01 Owner, Contractor and Engineer ............................................................................................................ GC-3

1.02 Contract Documents ................................................................................................................................ GC-3

1.03 Sub-Contractor ......................................................................................................................................... GC-3

1.04 Written Notice ............................................................................................................................................ GC-3

1.05 Work ........................................................................................................................................................... GC-3

1.06 Extra Work.................................................................................................................................................. GC-3

1.07 Working Day .............................................................................................................................................. GC-3

1.08 Calendar Day ............................................................................................................................................ GC-3

1.09 Substantially Completed .......................................................................................................................... GC-4

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 Owner-Engineer Relationship .................................................................................................................. GC-4

2.02 Observation of the Work........................................................................................................................... GC-4

2.03 Payments for Work .................................................................................................................................... GC-4

2.04 Initial Determinations ................................................................................................................................ GC-4

2.05 Objections ................................................................................................................................................. GC-4

2.06 Lines and Grades ...................................................................................................................................... GC-4

2.07 Contractor's Duty and Superintendence ................................................................................................ GC-5

2.08 Contractor's Understanding ..................................................................................................................... GC-5

2.09 Character of Workers ............................................................................................................................... GC-5

2.10 Contractor's Buildings ............................................................................................................................... GC-6

2.11 Sanitation ................................................................................................................................................... GC-6

2.12 Shop Drawings .......................................................................................................................................... GC-6

2.13 Preliminary Approval ................................................................................................................................ GC-6

2.14 Defects and Their Remedies .................................................................................................................... GC-6

2.15 Changes and Alterations ......................................................................................................................... GC-6

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 Keeping of Drawings and Specifications Accessible ............................................................................ GC-7

3.02 Ownership of Drawings ............................................................................................................................. GC-7

3.03 Right of Entry .............................................................................................................................................. GC-7

3.04 Collateral Contracts ................................................................................................................................. GC-7

3.05 Discrepancies and Omissions .................................................................................................................. GC-7

3.06 Equipment, Materials and Construction Plant ........................................................................................ GC-7

3.07 Damages ................................................................................................................................................... GC-7

3.08 Protection Against Accident to Employees and the Public ................................................................... GC-8

3.09 Performance and Payment Bonds........................................................................................................... GC-8

3.10 Losses from Natural Causes ..................................................................................................................... GC-8

3.11 Protection of Adjoining Property; Indemnification ................................................................................. GC-9

3.12 Protection Against Claims of Sub-Contractors, etc ................................................................................ GC-9

3.13 Intellectual Property Rights and Indemnification .................................................................................. GC-9

3.14 Laws and Ordinances; Indemnification ................................................................................................ GC-10

3.15 Assignment and Subletting .................................................................................................................... GC-10

3.16 Indemnification ....................................................................................................................................... GC-10

3.17 Insurance ................................................................................................................................................. GC-11

3.18 Certificate of Insurance .......................................................................................................................... GC-14

4. PROSECUTION AND PROGRESS

4.01 Time and Order of Completion .............................................................................................................. GC-15

4.02 Extension of Time .................................................................................................................................... GC-15

4.03 Hindrances and Delays .......................................................................................................................... GC-15

GC-2

5. MEASUREMENT AND PAYMENT

5.01 Quantities and Measurements ............................................................................................................... GC-15

5.02 Estimated Quantities ............................................................................................................................... GC-16

5.03 Price of Work ........................................................................................................................................... GC-16

5.04 Partial Payments ..................................................................................................................................... GC-16

5.05 Use of Completed Portions ..................................................................................................................... GC-16

5.06 Warranty .................................................................................................................................................. GC-17

5.07 Guarantee ............................................................................................................................................... GC-17

5.08 Final Completion and Acceptance ...................................................................................................... GC-17

5.09 Final Payment .......................................................................................................................................... GC-17

5.10 Payments Withheld ................................................................................................................................. GC-17

5.11 Delayed Payments ................................................................................................................................. GC-18

6. EXTRA WORK AND CLAIMS

6.01 Change Orders ....................................................................................................................................... GC-18

6.02 Minor Changes........................................................................................................................................ GC-18

6.03 Extra Work................................................................................................................................................ GC-18

6.04 Time of Filing Claims ............................................................................................................................... GC-19

6.05 Arbitration ................................................................................................................................................ GC-19

7. ABANDONMENT OF CONTRACT

7.01 Termination for Convenience of Owner ................................................................................................ GC-19

7.02 Default ..................................................................................................................................................... GC-20

7.03 Remedies for Default of Contractor ....................................................................................................... GC-21

7.04 Abandonment by Owner ....................................................................................................................... GC-22

GC-3

GENERAL CONDITIONS OF AGREEMENT

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 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

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

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, priority of interpretation shall be in the following order:

Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of the Contract, Notice to Bidders, Technical Specifications, Construction Drawings, and General Conditions of Agreement.

1.03 SUB-CONTRACTOR

The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the construction 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 registered mail to the last business address known to him who gives the notice.

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 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 this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the construction drawings, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein.

1.07 WORKING DAY

A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.

1.08 CALENDAR DAY

"Calendar Day" is any day of the week or month, no days being excepted. No allowance will be made for inclement weather if the CONTRACTOR was able or would have been able to prosecute the principal units of work for a period of not less than seven (7) hours between 7:00 a. m. and 6:00 p. m.

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1.09 SUBSTANTIALLY COMPLETED

By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment.

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.

2.02 OBSERVATION OF THE WORK

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 generally 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 this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work.

2.03 PAYMENTS FOR WORK

The ENGINEER shall review CONTRACTOR'S applications 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.

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 within a reasonable time. Should the ENGINEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing.

2.05 OBJECTIONS

In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the ENGINEER within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided.

2.06 LINES & GRADES

Unless otherwise specified, the ENGINEER or his representative shall furnish all lines and grades. 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 the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc. shall be replaced at the CONTRACTOR'S expense.

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2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE

The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the

CONTRACTOR.

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

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 person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the construction drawings and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, 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.

Any review of work in progress, or any visit or observation during construction, or any clarification of construction drawings and specifications, by the ENGINEER, or any agent, employee, or representative of either of them, 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 completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the construction drawings and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, construction 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.

2.08 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.

CONTRACTOR also understands and agrees that any soil reports and log borings are available for CONTRACTOR’S information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents.