Contract Documents (5).pdf

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

WALLER COUNTY, TEXAS

CITY OF WALLER

IDS Project No. 2227-018-00 Contract No. 1

AUGUST 2026

Prepared by: IDS Engineering Group 13430 Northwest Freeway, Suite 700 Houston, Texas 77040 t 713.462.3178

TxEng Firm 2726 | TxSurv Firm 10110700

TRAVIS S. SELLERS

81134 L I C E N S E D

PR O F E S S I O N A L E NG I N

EER

STA T E OF T EX AS

08-03-2026

BID SET

Revised 03/11/2023

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

Project No. 2227-018-00, Contract No. 1

WALLER COUNTY, TEXAS

TABLE OF CONTENTS

CONTRACT DOCUMENTS

A. Notice to Bidders

B. Instructions to Bidders

C. Proposal

D. Agreement

E. Performance Bond

F. Payment Bond

G. General Conditions of the Agreement

H. Special Conditions of the Agreement

I. Technical Specifications

NOTICE TO BIDDERS

CITY OF WALLER will receive electronic bids for construction of "CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION, Project No. 2227-018-00, Contract No. 1; WALLER COUNTY, Texas" using the Civcast USA (“CivCast”) website; www.civcastusa.com. The project includes approximately 1,248 L.F. of 12-inch waterline and approximately 2,773 L.F. of 12-inch sanitary sewer for Blinn College Utility Extension project in the City of Waller, Texas, including sanitary sewer manholes, fire hydrant assemblies, trenchless utility crossings, and associated site restoration. Waterline and sanitary construction will be open cut and trenchless method with and without casing and restrained joint. A Pre-bid Microsoft Teams Meeting will be held on Thursday, September 24, 2026 at 3:30 p.m Local Time. For Access to the Pre-Bid, the Meeting ID is 278 653 725 057 247, Passcode: ut67Ck7u, dial in by phone +1 346-352-9789, 656169013#. The Pre-bid teleconference is not mandatory. Bids will be publicly opened and read via Microsoft Teams on Thursday, October 1, 2026 at 3:30 p.m. Local Time. For Access to the Bid Opening, the Meeting ID is 224 775 228 806 297, Passcode: JB2rY2Lq, dial in by phone +1 346-352-9789, 20748712#.

Proposals must be accompanied by a certified or cashier’s check or a bid bond from a surety company holding a permit in the State of Texas for an amount equal to 5% of the amount bid. The amount of said certified or cashier’s check or bond will be forfeited to the OWNER and the bank or surety shall be liable to the OWNER for the amount in the event the successful bidder shall fail or refuse to enter into a contract or furnish bonds as hereafter required within ten (10) days after the date of notice of award. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the ENGINEERS o�ice (IDS Engineering Group, 13430 Northwest Freeway, Suite 700, Houston, Texas 77040), the original certified or cashier’s check within twenty-four (24) hours of the bid opening.

The successful bidder must furnish a performance bond and a payment bond on the forms provided, each in the amount of 100% of the Contract price from a surety company licensed by the State of Texas.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search “Blinn College Utility Extension”. Bidders must register on this website in order to view and/or download specifications, plans, and other related documents for this project. There is NO charge to view or download documents.

The OWNER reserves the right to reject any or all bids and to waive informalities or irregularities in bidding. In case of lack of clarity in stating prices, the OWNER reserves the right to consider the most advantageous construction thereof, or reject the bid.

SECTION B

INSTRUCTIONS TO BIDDERS

1. Preparation of Bids:

Unless otherwise directed submit complete bid packages electronically using the CivCast USA website; www.civcastusa.com. Prepare bids in accordance with the Contract Documents including but not limited to the Notice to Bidders, the Instructions to Bidders, and any instructions on the Proposal and Bid Sheet. If optional or alternate items are included in the Proposal and bidder does not wish to bid these items, enter the words NO BID in the appropriate space.

Alternate bids will not be considered unless specifically requested in the proposal form. Any statement or letter qualifying the bid will be cause for rejection.

2. Owner:

The OWNER reserves the right to reject any or all bids and to waive informalities and irregularities in bidding. Contract award will be made to the responsible bidder who, in the OWNER's judgment, will be most advantageous to the OWNER and result in the best and most economical completion of the project.

3. Bidders:

Bidders desiring further information or interpretation must request such information or interpretation from the ENGINEER. Should a Bidder discover a discrepancy or an omission in plans or specifications, he should at once notify the ENGINEER via the Q&A feature for the project on CivCast so that an addendum can be issued. No explanation or interpretation other than an addendum issued by the ENGINEER will be considered official or binding.

4. Award of Contract:

The OWNER reserves the right to reject any and all bids. Unless the OWNER rejects all bids, an award will be made as quickly as possible consistent with the time required to analyze the bids.

The award of the Contract may be made on the BASE BID only or any combination of the BASE

BID AND ALTERNATE BIDS.

5. Conditions of Work:

Bidders are expected to be fully informed of construction and labor conditions under which the work will be performed, and to have thoroughly reviewed the plans, contract documents and specifications. Failure to do so will not relieve a successful bidder of any obligation to furnish material and labor necessary to complete the project.

6. Time of Completion:

Attention is directed to the proposal wherein either a blank space is provided for the bidder to enter the number of calendar days within which he agrees to complete the work, unless the completion time is specified by the OWNER.

http://www.civcastusa.com/

SECTION B - INSTRUCTION TO BIDDERS

B - 2

7. Substitutions:

Where materials or equipment are specified by a trade or brand name, it is not the intention of OWNER to discriminate against an equivalent product of another manufacturer, but to set a definite standard of quality or performance, and to establish an equivalent basis for the evaluation of bids. In preparing his bid, each bidder is expected to include in his base bid the cost of the items so specified.

8. Modification and Withdrawal of Bids:

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered (in the same manner bids are to be delivered) to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

9. Qualifications of Bidders:

Proposals must be accompanied by a statement of the qualifications of the Bidder to properly execute the work. Statement should be on the form provided. In addition, complete information on any work which the Bidder failed to complete or abandoned within one year period to date of proposal should be included.

10. Financial Statement:

Each Proposal must be accompanied by a statement of the financial condition of the bidder as reflected by his most recently prepared statement. Submit in a sealed envelope marked, "Financial Statement of (name of bidder) for (description of project)". This statement will be examined only if the bidder's Proposal is actively considered for award, otherwise it will be returned unopened after the award of the Contract.

11. Delivery of Proposals:

It is the bidder's responsibility to successfully submit their Proposal at the proper time to the proper place. The fact that a Proposal was partially uploaded but not successfully submitted will not be considered. The bidder must have the Proposal successfully submitted.

12. Number of Signed Sets of Documents:

Agreement and Bonds will be prepared in not less than two counterpart (original signed) sets.

OWNER will furnish CONTRACTOR two sets of conforming Contract Documents, Technical

B - 3

Specifications, and six sets of Plans free of charge, and additional sets will be obtained from ENGINEER at commercial reproduction rates.

13. Sales Tax:

Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.309 as a political subdivision of the State of Texas. Owner shall provide Contractor with a completed Texas Sales and Use Tax Exemption Certification as evidence of the applicability of such exemption and accordingly, Contractor shall not collect Texas sales and use taxes from Owner with respect to this contract. Contractor and all subcontractors to Contractor shall issue a Texas Sales and Use Tax Exemption Certification with respect to, and shall not pay Texas sales and use taxes on, all purchases of the following items that are exempt from Texas sales and use taxes pursuant to Texas Tax Code §151.311: (i) tangible personal property that will be incorporated into Owner’s realty; (ii) tangible personal property that is necessary and essential for the performance of this contract and is consumed entirely on the job site; and (iii) taxable services for use in the performance of this contract that are performed at the job site and are either integral to the performance of this contract or expressly required to be provided by this contract. In addition, Contractor and all subcontractors to Contractor (i) shall not include any provisions for Texas sales and use taxes with respect to such exempt items in any bid or contract amount, and (ii) shall pass on to Owner cost savings due to the exempt status of such exempt items. Contractor’s contracts with all subcontractors to Contractor shall include the foregoing provisions regarding the exemption of Texas sales and use taxes.

14. Worker's Compensation Insurance:

See the Special Conditions of the Agreement.

16. Certificate of Interested Parties:

Provision of Texas Ethics Commission Form 1295 ("TEC Form 1295") by Bidders: Effective January 1, 2016, pursuant to Texas Government Code § 2252.908 (the "Interested Party Disclosure Act" or the "Act"), the City may not award a contract to an bidder unless the bidder has provided to the City a completed, signed and notarized TEC Form 1295 which has been assigned a certificate number by the Texas Ethics Commission (the "TEC"). Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC's website, assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 must be provided to the City prior to the time prescribed for the award of the contract. The TEC Form 1295 may be provided to the City via facsimile or electronically; however, the original signed and notarized TEC Form 1295 complete with certificate number must be physically delivered to the City within two business days of the award. Following the award of the contract, the City will notify the TEC of the receipt of each completed TEC Form 1295, and the completed form will be on the TEC’s website and will be accessible by the public. The City reserves the right to reject any bid that does not comply with the requirements prescribed herein or to waive any such requirements. For purposes of completing the TEC Form 1295, the entity’s name is CITY OF

B - 4

WALLER and the contract ID number is 2227-018-00 BLINN COLLEGE UTILITY EXTENSION. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295. Consequently, an entity intending to bid on a contract should consult its own advisors to the extent it deems necessary and be prepared to submit the completed form promptly upon notification from the City that its bid is the apparent winning bid.

END OF SECTION B

Revised 03/11/2023 C-1

PROPOSAL TO

FOR

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

Project No. 2227-018-00, Contract No. 1

WALLER COUNTY, TEXAS

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, instructions to bidders, specifications and plans, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein, and for the prices set forth in the attached bid sheets.

It is understood that the work to be done will be paid for at the bid unit price or bid lump sum price as hereinafter established for each item subject to the provisions of the General or Special Conditions governing increases or decreases of bid quantities.

It is further understood and agreed that the work is to be completed in full within 150 calendar days after notification to proceed, and that the undersigned proposes to begin work promptly after notification to proceed.

________ _________[CONTRACTOR] declares that:

As required by Section 2271.002 of the Texas Government Code, said CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the phrase “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Pursuant to Section 2252.152 of the Texas Government Code, said CONTRACTOR verifies that it is not engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. For purposes of this Agreement, the phrase “foreign terrorist organization” means an organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189.

Chapter 2276 – Anti - Boycott of Energy Companies Verification. By signing and entering into the Contract, Contractor verifies, pursuant to Chapter 2276 of the Texas Government Code (as added by Senate Bill 13, 87th Texas Legislature, Regular Session), it is not a Company that boycotts energy companies and agrees it will not boycott energy companies during the term of this Contract. The terms “boycotts energy companies” and “boycott energy companies” have the meaning assigned to the term “boycott energy company” in Section 809.001, Texas Government Code. For purposes of this paragraph, “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit, but does not include a sole proprietorship.

Chapter 2274 – Anti - Discrimination of Firearm Entity or Firearm Trade Association Verification. By signing and entering into the Contract, Contractor verifies, pursuant to Chapter 2274 of the Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session, “SB 19”), that it is not a Company that has a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and agrees it will not discriminate against a firearm entity or firearm trade association during the term of this Contract. The terms “discriminates against a firearm entity or firearm trade association” and “discriminate against a firearm entity or firearm trade association” have the meaning assigned to the term “discriminate against a firearm entity or firearm trade association” in Section 2274.001(3), Texas Government Code (as added by SB 19). For purposes of this paragraph, “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned

Revised 03/11/2023 C-2 subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit, but does not mean a sole proprietorship.

Chapter 2275 - Lone Star Infrastructure Protection Act Verification. If under this Contract, Contractor is granted direct or remote access to the control of critical infrastructure, excluding access specifically allowed for product warranty and support, Contractor verifies, pursuant to Chapter 2275 of the Texas Government Code (as added by Senate Bill 2116, 87th Legislature Regular Session), that neither Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Contractor, nor any of its sub-contractors (i) is owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia or any designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, of any designated country; and (ii) is headquartered in China, Iran, North Korea, Russia or a designated country. The term “designated country” means a country designated by the Governor as a threat to critical infrastructure under Section 113.003 of the Texas Business & Commerce Code.

The term “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

Contractor hereby certifies that it is not an entity that contracts with or provides supplies or services to a foreign terrorist organization, as defined by Section 2252.151(2), Texas Government Code, and has not been identified as a company known to have contracts with or provide supplies or services to a foreign terrorist organization as identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153, Texas Government Code.

(CONTRACTOR)

Signature:_________________________________

Attest:

Printed Name:______________________________

______________________________ Date:_____________________________________

Address:__________________________________

SEAL

Phone No. _________________________________

(Certification if Bidder is a Corporation) Email Address:______________________________

I,______________________________, certify that I am the secretary of the corporation herein termed CONTRACTOR; and that the person whose name appears above was and is _______________________________(TITLE) of said corporation; and that this Contract was duly signed for and in behalf of said corporation by authority of its governing body, and such contract is within the scope of its corporate powers.

Signed:___________________________________ (Corporate Seal)

Item

No.

Spec Ref. Base Unit Short Title

Unit of

Measure

Estimated

Quantity Unit Price

(this column controls) Total in Figures

1 01502 Mobilization LS 1

2 01110 Surveying Services by IDS Engineering Group - Construction Staking LS 1 $5,000.00 (1)

$5,000.00

3 02105 Furnish and install Reinforced Filter Fabric Barrier, Complete in

Place.

LF 1,280

4 01575 Furnish and install Stabilized Construction Access, Complete in

Place.

SY 111

5 02105

Implementation of Storm Water Pollution Prevention Plan including

Maintenance, Permitting, Inspections, and Reporting for all Pollution

Prevention Measures as shown on the plans, copy of NOI, Certificate of Mailing and Proof of Payment, Complete in Place

EA 1

6 01740 Site Restoration, including Hydro Mulch Seeding all Disturbed Areas LF 3,628

7 02260 Furnish and Install Trench Safety System for Water Line

Construction, Complete in Place.

LF 3,628

8 02233 Clearing and Grubbing AC 0.25

Item

No.

Spec Ref. Base Unit Short Title

Unit of

Measure

Estimated

Quantity Unit Price

(this column controls) Total in Figures

9 2520

Furnish and install Fire Hydrant Assembly (Standard) including, bends, tees, 6-inch Diameter Gate Valve with Box, 6-inch Lead, Restrained Joints, all depths, Complete in Place.

EA 2

10 2511 Furnish and Install 12-inch Diameter Waterline by Open Cut with and without Restrained Joints, including all bends, fittings, Valves, and

Appurtenances, Complete in Place.

LF 1,135

11 2511

Furnish and Install 12-inch Diameter Waterline with Restrained Joints in 24-inch Steel Casing by Trenchless Construction, including all bends, fittings, valves, casing spacers, end seals and appurtenances, Complete in Place.

LF 113

12 2513 Furnish and Install 12-inch Diameter Wet Connection to existing

Waterline, Complete in Place

EA 1

13 02511 Furnish and Install 12-inch Plug and Clamp, Complete in Place EA 2

14 02221 Remove and Dispose of Existing 12-inch Plug and Clamp, Complete in Place.

EA 1

A. TOTAL BASE UNIT PRICES (FOR GENERAL ITEMS)

City of Waller - Blinn College Utility Extension

IDS Job No. 2227-018-00 TxEng Firm 002726 | TxSurv Firm 10110700

BID FORM

A. BASE UNIT PRICE TABLE (GENERAL ITEMS):

B. BASE UNIT PRICE TABLE (WATERLINE ITEMS):

B. TOTAL BASE UNIT PRICES (FOR WATERLINE ITEMS)

00410B-1 08-30-2022 Bidder's Initials [ ]

City of Waller - Blinn College Utility Extension

IDS Job No. 2227-018-00 TxEng Firm 002726 | TxSurv Firm 10110700

BID FORM

Item

No.

Spec Ref. Base Unit Short Title

Unit of

Measure

Estimated

Quantity Unit Price

(this column controls) Total in Figures

02082, 02090

4-ft Dia. Precast Concrete Watertight Sanitary Sewer Manhole - up to

8-ft deep with Stainless Steel Inflow Preventer

EA 8

02082, 02090 Extra Depth, 4-ft Dia. Precast Sanitary Sewer Manhole VF 142

17 02531 Furnish and Install 12-inch PVC (SDR 35) Sanitary Sewer by Open

Cut Construction

LF 2,493

18 02531 Furnish and Install 12-inch PVC (SDR 35) Sanitary Sewer with 24" steel casing by trenchless construction, complete in place

LF 180

19 02221 Remove and Dispose of Existing 4-ft Dia. Precast Concrete

Watertight Sanitary Sewer Manhole, Complete in Place.

EA 4

20 02531 Connect Proposed 12-inch Sanitary Sewer to Existing Sanitary Sewer

Manhole, Complete in Place.

EA 2

21 02531 Plug and Grout Existing Sanitary Sewer Manhole Penetration, Complete in Place.

EA 1

22 02221 Remove and Dispose of Existing 12-inch Sanitary Sewer Pipe, Complete in Place.

LF 1,321

23 01506 Sanitary Sewer Diversion/ Bypass Pumping LS 1

Item

No.

Spec Ref. Base Unit Short Title

Unit of

Measure

Estimated

Quantity Unit Price

(this column controls) Total in Figures

24 01578 Furnish and Install Dewater/Ground Water control for Open Cut

Construction, Complete in Place

LS 1

$25,0000.00(2)

$25,0000.00(2)

25 02318 Extra Machine Excavation as directed by the Engineer, Complete in place

CY 40

$30.00(2)

$1,200.00(2)

26 02318 Extra Hand Excavation as directed by the Engineer, Complete in place

CY 40

$50.00(2)

$2,000.002)

27 02501 Furnish and Install Extra Water Line Fittings, Complete in Place TON 2

$12,000.00(2)

$24,000.00(2)

28 02317 Over-Excavation of Trench Bottom LF 400

$40.00(2)

$16,000.00(2)

29 02318 Furnish and Install Extra Backfill Material, Complete in Place CY 30

$6.00(2)

$180.00(2)

30 2318 Furnish and Install Extra Bedding and Backfill for Wet Conditions, Complete in Place

LF 30

$6.00(2)

$1,500.00(2)

31 2321 Furnish and Install Extra Cement Stabilized Sand, Complete in Place CY 30

$6.00(2)

$600.00(2)

(Add Totals for A, B, C, and D above)

Footnotes for Tables A through D:

(1) Fixed Unit Price determined prior to Bid. Cannot be adjusted by the Bidder.

(2)

C. SANITARY SEWER ITEMS

D. EXTRA UNIT PRICE TABLE (To be used only as directed by the Engineer)

D. TOTAL EXTRA UNIT PRICES

E. TOTAL AMOUNT BID

Minimum Bid Price determined prior to Bid. Can be increased by the Bidder, but not decreased, by crossing out the Minimum and inserting revised price on the line above.

Cannot be decreased by the Bidder.

C. TOTAL BASE UNIT PRICES (FOR SANITARY ITEMS)

00410B-2 08-30-2022 Bidder's Initials [ ]

D - 1

SECTION D

AGREEMENT

STATE OF TEXAS

WALLER COUNTY

THIS AGREEMENT, made and entered into this ________ day of ____________, 20___, by and between CITY OF WALLER hereinafter termed OWNER, and __________________________________________________________________, a Texas corporation hereinafter termed CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith, the CONTRACTOR agrees to commence and complete the construction of certain improvements described as follows:

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

Project No. 2227-018-00, Contract No. 1 WALLER COUNTY, Texas, according to those particular Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all extra work in connection therewith, and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the General and Special Conditions of the Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and addenda therefore as prepared by IDS ENGINEERING GROUP, hereinafter termed ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR, and together with the CONTRACTOR's written Proposal, and the Performance and Payment Bonds thereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence the Work (as such term is defined in the Contract Documents) within ten days after the date written notice to do so shall be given to him by OWNER and to fully complete the Work to the satisfaction of OWNER within 150 calendar days after the date of the written notice to commence Work.

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

D - 2

The CONTRACTOR is and at all times shall remain an independent CONTRACTOR, solely responsible for the manner and method of completing its Work under this Contract, with full power and authority to select the means, method and manner of performing such Work, so long as the Work complies with this Contract including the drawings and technical specifications.

The CONTRACTOR agrees that it shall be solely responsible for the safety of its employees and all other persons and shall be solely responsible for determining the course of action necessary to protect all persons, including members of the public, from bodily injury or property damage during its Work on the project, including the erection of barricades or the installation of other traffic or pedestrian control measures.

As part of the consideration for the payments and agreements hereinafter mentioned, CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATSOEVER NATURE AND CHARACTER WHICH MAY BE

ASSERTED BY ANY PERSON OR ENTITY IN CONNECTION WITH CONTRACTOR'S WORK (INCLUDING THE

WORK OF SUBCONTRACTORS) ON THE PROJECT, AND THIS INDEMNITY AND HOLD HARMLESS

AGREEMENT IS SPECIFICALLY INTENDED TO COVER ALL COSTS OF FUTURE LITIGATION, INCLUDING

ATTORNEY'S FEES AND OTHER DEFENSE COSTS.

OWNER and CONTRACTOR each binds itself, its officers, directors, shareholders, partners, successors, assigns and legal representatives to the other party hereto, its officers, directors, shareholders, partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

THE GENERAL AND SPECIAL CONDITIONS ATTACHED TO THIS AGREEMENT CONTAIN PROVISIONS

THAT MAY RELIEVE ONE PARTY FOR RESPONSIBILITY IT WOULD OTHERWISE HAVE UNDER THE LAW FOR

DAMAGES OR OTHER LIABILITY ARISING OUT OF THE WORK.

EACH OF THE PARTIES HERETO SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ THIS

AGREEMENT, THE GENERAL AND SPECIAL CONDITIONS, AND ALL OTHER ATTACHMENTS TO THIS

AGREEMENT AND AGREES THAT IT IS CHARGED WITH NOTICE AND KNOWLEDGE OF THE TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO; THAT IT HAS IN FACT READ THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND IS FULLY INFORMED AND HAS FULL NOTICE AND KNOWLEDGE OF THE TERMS, CONDITIONS AND EFFECTS OF THIS AGREEMENT; THAT IT HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF ITS CHOICE THROUGHOUT THE NEGOTIATIONS PRECEDING ITS EXECUTION OF THIS AGREEMENT AND HAS RECEIVED OR VOLUNTARILY CHOSEN NOT TO RECEIVE THE ADVICE OF ITS ATTORNEY IN ENTERING INTO THIS AGREEMENT; AND THAT IT RECOGNIZES THAT CERTAIN TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO RESULT IN ONE PARTY ASSUMING THE LIABILITY INHERENT IN SOME ASPECTS OF THE TRANSACTION AND RELIEVING THE OTHER PARTY OF ITS RESPONSIBILITY FOR SUCH LIABILITY. EACH PARTY HERETO AGREES AND COVENANTS THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEMENT OF ANY EXCULPATORY PROVISION OF THIS AGREEMENT ON THE BASIS THAT THE PARTY HAD NO NOTICE OR KNOWLEDGE OF SUCH PROVISION OR

THAT THE PROVISION IS NOT "CONSPICUOUS".

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

D - 3

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, CONTRACTOR has taken adequate steps to ensure future compliance with such subchapter and has provided or upon request will provide documentation of same.

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

CITY OF WALLER_________________________ ____________________________________

OWNER CONTRACTOR

By:___________________________________ By:_________________________________

ATTEST: ATTEST:

(Certification if Bidder is a Corporation)

I, _________________________________, certify that I am the secretary of the corporation herein termed the CONTRACTOR; and that the person whose name appears above was and is ____________________________________ of said corporation, Title and that this Contract was duly signed for and in behalf of said Corporation by authority of its governing body, and such contract is within the scope of its corporate powers.

SIGNED:

(Corporate Seal)

E - 1

SECTION E

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That ___________________________ ___________________________ of the City of ______________________, County of ________________________, and State of ______________________, as Principal, and authorized under the laws of the State of Texas to act as Surety on bonds for Principal, are held and firmly bound unto ___________________________________________________________ ______________________________________________________________(OWNER) in the penal sum of___________________________________________________________________ _________________ Dollars ($____________________), for payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, officers, directors, shareholders, partners, successors, and assigns, jointly and severally, by these presents.

WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the __________ day of ________________, 20___, for

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

Project No. 2227-018-00, Contract No. 1

WALLER COUNTY, TEXAS

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. This bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects fully and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed during the original term of the Contract and any extensions thereof that may be granted by Owner, and during the life of any guaranty or warranty required under the Contract, and according to the true intent and meaning of said Contract and the Contract Documents and the Plans and Specifications related thereto, then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

E - 2

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this

____________ day of ________________, 20_____.

Principal Surety

By___________________________________ By_________________________________

Name_________________________________ Name_______________________________

Title_________________________________ Title________________________________

Address_______________________________ Address_____________________________

Telephone

The name and address of the Resident Agent of Surety is:

Revised 03/11/2023 F - 1

SECTION F

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That ______________________________ ________________________ of the City of ________________________, County of ___________________, and State of __________________________, as Principal, and _____________________________________ authorized under the laws of the State of Texas to act as Surety on bonds for Principals, are held and firmly bound unto __________________________________________________________ (OWNER) in the penal sum of________________________________________________________________________ _______________ Dollars ($___________________), for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, officers, directors, shareholders, partners, successors and assigns, jointly and severally, by these presents.

WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the __________ day of ________________, 20___, for

CITY OF WALLER BLINN COLLEGE UTILITY EXTENSION

Project No. 2227-018-00, Contract No. 1

WALLER COUNTY, TEXAS

which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. This bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the documents, plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder.

Revised 03/11/2023 F - 2

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _____________day of ________________, 20____.

Principal Surety

By____________________________________ By_________________________________

Name_________________________________ Name_______________________________

Title___________________________________ Title________________________________

Address_________________________________ Address_____________________________

The name and address of the Resident Agent of Surety is:

Revised 1/27/03 TC - 1

TABLE OF CONTENTS

FOR

GENERAL CONDITIONS OF AGREEMENT

Page

1. DEFINITION OF TERMS

1.01 Owner, Contractor and Engineer G-1

1.02 Contract Documents G-1

1.03 Subcontractor G-1

1.04 Written Notice G-1

1.05 Work G-1

1.06 Extra Work G-1

1.07 Working Day G-1

1.08 Calendar Day G-1

1.09 Substantially Completed G-2

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 Owner-Engineer Relationship G-2

2.02 Professional Inspection by Engineer G-2

2.03 Payments for Work G-2

2.04 Initial Determinations G-2

2.05 Objections G-2

2.06 Lines and Grades G-2

2.07 Contractor's Duty and Superintendence G-3

2.08 Contractor's Understanding G-3

2.09 Character of Workers G-3

2.10 Contractor's Building G-4

2.11 Sanitation G-4

2.12 Shop Drawings G-4

2.13 Preliminary Approval G-4

2.14 Defects and Their Remedies G-4

2.15 Changes and Alterations G-5

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 Keeping of Plans and Specifications Accessible G-5

3.02 Ownership of Drawings G-5

3.03 Right of Entry G-5

3.04 Collateral Contracts G-5

3.05 Discrepancies and Omissions G-5

3.06 Equipment, Materials and Construction Plant G-5

3.07 Damages G-5

3.08 Protection Against Accident to Employees and the Public G-6

Revised 1/27/03 TC - 2

3.09 Performance and Payment Bonds G-6

3.10 Losses from Natural Causes G-6

3.11 Protection of Adjoining Property G-7

3.12 Protection Against Claims of Subcontractors, Etc. G-7

3.13 Protection Against Royalties or Patented Invention G-7

3.14 Law and Ordinances G-7

3.15 Assignment and Subletting G-8

3.16 Indemnification G-8

3.17 Insurance G-8

3.17.1 Certificate of Insurance G-9

4. PROSECUTION AND PROGRESS

4.01 Time and Order of Completion G-9

4.02 Extension of Time G-9

4.03 Hindrances and Delays G-9

5. MEASUREMENT AND PAYMENT

5.01 Quantities and Measurements G-9

5.02 Estimated Quantities G-9

5.03 Price of Work G-10

5.04 Partial Payment G-10

5.05 Use of Completed Portions G-10

5.06 Final Completion and Acceptance G-11

5.07 Final Payment G-11

5.08 Payments Withheld G-11

5.09 Delayed Payments G-11

6. EXTRA WORK AND CLAIMS

6.01 Change Orders G-11

6.02 Minor Changes G-12

6.03 Extra Work G-12

6.04 Time of Filing Claims G-13

6.05 Arbitration G-13

7. ABANDONMENT OF CONTRACT

7.01 Abandonment by Contractor G-13

7.02 Abandonment by Owner G-15

7.03 Termination by the Owner for Cause G-15

7.04 Termination by the Owner for Convenience G-16

7.05 Suspension by the Owner for Convenience G-17

7.06 Termination by the Contractor G-17

Revised 1/27/03 G-1

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITION OF TERMS

1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organization 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), Instructions to Bidders, Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Special Conditions of Agreement, Technical Specifications, Plans, 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 Agreement, Notice to Bidders, Technical Specifications, Plans, and General Conditions of Agreement.

1.03 SUBCONTRACTOR. The term Subcontractor, 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 plans 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 plans, 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.

Revised 1/27/03 G-2

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 PROFESSIONAL INSPECTION 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 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 judgement 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 a 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 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 therefor. 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.

Revised 1/27/03 G-3

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 plans, 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 plans 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.