CCDD #5 EWP Project# 5119 – Scheibe Project 00253 – WA#6

CCDD #5 North Main Drain Bank Stabilization 2026 EWP Project # 5119

TABLE OF CONTENTS

CONTRACT DOCUMENTS

NOTICE TO CONTRACTORS ............................................................................................................. 1 PAGE PROPOSAL… ....................................................................................................................................... 3 PAGES BID SCHEDULE ................................................................................................................................... 1 PAGE BID BOND ............................................................................................................................................ 1 PAGE NON-COLLUSIVE AFFIDAVIT .......................................................................................................... 1 PAGE STANDARD FORM OF AGREEMENT .............................................................................................. 2 PAGES LIST OF SUBCONTRACTORS… ....................................................................................................... 1 PAGE CERTIFICATE OF INSURANCE .......................................................................................................... 1 PAGE PERFORMANCE BOND ....................................................................................................................... 2 PAGES PAYMENT BOND ................................................................................................................................ 1 PAGE GENERAL CONDITIONS OF AGREEMENT.................................................................................... 14 PAGES SPECIAL PROVISIONS ........................................................................................................................ 7 PAGES

DIVISION 1 SPECIFICATIONS

SECTION 011100 – SUMMARY OF WORK

SECTION 012000 – PAYMENT PROCEDURES

SECTION 012100 – ALLOWANCES

SECTION 013119 – PROJECT MEETINGS

SECTION 013200 – CONSTRUCTION PROGRESS DOCUMENTATION

SECTION 013300 – SUBMITTAL PROCEDURES

SECTION 013523 – PROJECT SAFETY REQUIREMENTS

SECTION 014500 – PROJECT QUALITY CONTROL AND PROCEDURES

SECTION 015000 – TEMPORARY FACILITIES AND CONTROLS

SECTION 016100 – SUBSTITUTIONS AND PRODUCT REQUIREMENTS

SECTION 017400 – CLEANING

SECTION 017700 – CLOSEOUT PROCEDURES

SECTION 017836 – WARRANTIES

TECHNICAL SPECIFICATIONS

Issued by Green, Rubiano & Associates

SECTION 050400 − HOT-DIP GALVANIZING

SECTION 051200 – STRUCTURAL STEEL FRAMING

SECTION 316200 – STEEL SHEET PILE INSTALLATION

SECTION 316216 – STEEL SHEET PILES

SECTION 316600 – HELICAL SOIL ANCHORS

NOTICE

TO

CONTRACTORS

NOTICE TO CONTRACTORS

Sealed bids addressed to Cameron County Drainage District No. 5 will be received at the offices of Cameron County Drainage District No. 5 located at 221 E. Van Buren, Suite 4, Harlingen, Texas, until 2:00 P.M.

Wednesday, October 7, 2026 and thereby publicly opened and read, for furnishing all work and materials required for the construction of CAMERON COUNTY DRAINAGE DISTRICT #5 - NORTH MAIN DRAIN BANK

STABILIZATION 2026 – EWP PROJECT # 5119 – SCHEIBE PROJECT 00253 – WA#6

1. Bids will be submitted in sealed envelopes upon the blank form of proposal included in the contract documents and marked in the upper left-hand corner “BID – NORTH MAIN DRAIN BANK STABILIZATION 2026”

2. All proposals shall be accompanied by a Cashier’s or Certified Check upon a national or state bank in an amount not less than five (5%) percent of the total maximum bid price payable without recourse to the owner or a Bid Bond in the same amount from a reliable surety company licensed to provide bonds in the State of Texas, as guarantee that the Bidder will enter into a contract and execute performance and payment bonds within seven days after notice of award of contract. Bids without check or bid bond will not be considered.

3. The right is reserved as the interest of the Owner may require, to reject any and all bids, and to waive any informality in the bids received.

4. The successful bidder must furnish performance and payment bond upon the forms provided in the amount of 100% of the contract price from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties, acceptable to the Owner. (If required by State Law)

5. It is the policy of the Cameron County Drainage District No. 5 that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have a maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.

6. Plans, Specifications and Bidding Documents may be viewed at the Cameron County Drainage District #5 office located at 221 E. Van Buren, Suite 4, Harlingen, Texas and at the RGV American General Contractors office located at 6918 West Expressway 83, Harlingen, TX 78552 and are available to download online at civcast.com.

QUESTIONS AND/OR INQUIRES CONCERNING THE PLANS, SPECIFICATIONS AND BIDDING DOCUMENTS SHALL BE

SUBMITTED IN WRITING VIA EMAIL TO

PROJECT ENGINEER JACK BROWN, P.E. AT:

JBrown@scheibeconsulting.com Email subject line: CCDD #5 North Main Drain Bank Stabilization 2026 file://aus-server-02/FileShare/Projects/00253%20-%20CCDD5%20On%20Call%20Contract%202023/WA6-N%20Main%20Channel%20Lining/WA6%20N%20Main%20Channel%20Lining/ADMIN/civcas.com mailto:JBrown@scheibeconsulting.com

PROPOSAL

FORM OF PROPOSAL

TO

CCDD #5 NORTH MAIN DRAIN BANK STABILIZATION 2026

EWP PROJECT # 5119

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, Notice to Contractors, specifications, and the plans therein referred to, and has carefully examined the locations, conditions and classes of material 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 according to the requirements of the ENGINEER as therein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only and are intended principally to serve as a guide in evaluating bids.

It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the ENGINEER, to complete the work, whether increased or decreased are to be performed at the unit prices set forth herein except as provided for in the specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the ENGINEER, but not shown on the plans or required by the Specification, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion or work so ordered.

It is understood and agreed that the work is to be completed in Two Hundred and Forty-Five

(245) Calendar Days after the date on which work is to commence.

It is understood and agreed that the owner may delay awarding the contract and hold the bids for a period not to exceed ninety (90) days.

In the event of the award of contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to ensure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The work proposed to be done shall be accepted when fully completed and finished in accordance with the Plans and Specifications, to the satisfaction of the ENGINEER.

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

NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in this proposal, and in the event of discrepancy, the words shall control. Should bid prices on any items be omitted, the right is reserved to apply the lowest prices submitted by any other bidders for the omitted items in payment for work done under this proposal.

Receipt is hereby acknowledged of the following addenda to the contract documents:

ADDENDUM NO. 1 DATED RECEIVED

ADDENDUM NO. 2 DATED RECEIVED

ADDENDUM NO. 3 DATED RECEIVED

ADDENDUM NO. 4 DATED RECEIVED

BID ITEMS:

BASE BID

Sheet Pile Installation LUMP SUM: $_______________ Time for Completion: 245 days (steel sheet pile material, pile installation, sheet pile backfill, soil anchor material, soil anchor installation)

UNIT PRICES

Sheet Pile Installation $ _________________________/LF

(steel sheet pile material, pile installation, sheet pile backfill, soil anchor material, soil anchor installation)

UNIT PRICES

Soil Excavation $ ________________________/1,000 cy

(Equipment labor supervision required for excavation stockpiling and or permanent removal or soil)

UNIT PRICES

Soil Installation and Compaction $ ________________________/1,000 cy

(Equipment labor supervision required for the movement importing moisture conditioning and compacting of additional soil)

ALTERNATE #1

Sheet Pile Installation LUMP SUM: $_____________________

TOTAL SUM: $__________________________________________________ (Dollars & Cents)

TOTAL SUM IN WORDS: __________________________________________________________

SIGNATURE :

BY:

Name/Title:

Company Name:

Street Address:

City, State, & Zip Code:

Phone Number:

Email:

BID SCHEDULE

BID SCHEDULE

CCDD #5

NORTH MAIN DRAIN BANK STABILIZATION 2026

EWP PROJECT# 5119 – SCHEIBE PROJECT 00253 – WA#6

PRE-BID MEETING

DATE: Thursday, September 17, 2026

TIME: 2:00 P.M.

LOCATION: Cameron County Drainage District No. 5

221 E. Van Buren, Suite 4, Harlingen, TX 78550

LAST DATE TO SUBMIT QUESTIONS (VIA EMAIL)

DATE: Tuesday, September 29, 2026

LAST DATE FOR ADDENDUMS

DATE: Friday, October 2, 2026

BID DUE DATE

DATE: Wednesday, October 7, 2026

TIME: 2:00 P.M.

LOCATION: Cameron County Drainage District No. 5

221 E. Van Buren, Suite 4, Harlingen, TX 78550

BID OPENING

Opening of bids, read aloud.

DATE: Wednesday, October 7, 2026

TIME: 2:30 P.M.

LOCATION: Cameron County Drainage District No. 5

221 E. Van Buren, Suite 4, Harlingen, TX 78550

Questions and comments may be submitted via email to: JBrown@scheibeconsulting.com

Email subject line: CCDD #5 North Main Drain Bank Stabilization 2026 mailto:JBrown@scheibeconsulting.com

BID BOND

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as

PRINCIPAL, and , as SURETY are held and firmly bound unto

(City/County) hereinafter called the "Local Public Agency”, in the penal sum of

Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the Accompanying Bid, dated , for

NOW, THEREFORE, the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS THEREOF, the above parties have executed this instrument this day of , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body.

(SEAL)

(SEAL)

Attest: By:

Affix Corporate

Seal

Affix Corporate

Seal

Countersigned

By

* Attorney-in-Fact, State of

NON-COLLUSIVE

AFFIDAVIT

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF TEXAS ) (

COUNTY OF CAMERON ) (

__________________________, being first duly sworn, deposes and says that:

• He/She is___________________ (Title) of ______________________ (Company Name), the bidder that has submitted the attached Bid;

• He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

• Such Bid is genuine and is not a collusive or sham Bid;

• Neither said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Cameron County Drainage District No. 5 or any person interested in the proposed Contract; and

• The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including affiant.

(Signature)

(Title)

Subscribed and sworn to me this day of , 202

By:

Notary Public

My commission expires:

STANDARD FORM

OF

AGREEMENT

THIS AGREEMENT, made and entered into this day of ________________________________, by and between ______________________________of the County of ___________________ and State of ________________, acting through_______________________ (OWNER’S NAME), thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and

(CONTRACTOR), of the city of _________, County of and

__________________, State of __________________, Party of the Second Part, hereinafter termed CONTRACTOR.

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

CCDD #5 NORTH MAIN DRAIN BANK STABILIZATION 2026

TOTALING $

and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their)own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the General and Special Conditions of Agreement, plans and other drawings and printed or written explanatory matter thereof, and the Specifications an addenda therefor, as prepared by Scheibe Consulting, LLC 608 E. Harrison Ave., Harlingen , Texas, 78550, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR’S written Proposal and the General Conditions of the Agreement hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

THE CONTRACTOR hereby agrees to commence work within fourteen (14) calendar days after the date written notice to do so shall have been given to him and complete the same within 245 Calendar Days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.

THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract.

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

Party of the First Part Party of the Second Part

(OWNER) (CONTRACTOR)

By: By:

Attest: Attest:

LIST

SUBCONTRACTORS

North Main Drain Bank Stabilization 2026

LIST OF SUBCONTRACTORS

NAME WORK PERFORMED

1. Site work excavation & backfill

2. Sheet piling material provider

3. Sheet pile driving installation

4. Soil anchor design, material & installation

CERTIFICATE

INSURANCE

North Main Drain Bank Stabilization 2026

CERTIFICATE OF INSURANCE

(Contractor shall provide the latest certificate of insurance indicating CCDD #5 as additional insured.)

PERFORMANCE

BOND

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 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, 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 , 2026, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if 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 duly 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, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.

* Not applicable for federal work. See “The Miller Act” 40 U.S.C. S270

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.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2026.

Principal Surety

By By

Title Title

Address Address

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

PAYMENT

BOND

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, 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 , 2026, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if 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;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.

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.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2026.

Principal Surety

By By

Title Title

Address Address

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

GENERAL

CONDITIONS

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 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 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 Contractors (Advertisement), Special Provisions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the 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 anyone 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 Provisions of Agreement, Notice to Contractors, Technical Specifications, Plans, 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 furnished material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnished 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 a 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.

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

2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in questions 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, appeal to arbitration may be taken as if his decision had been rendered against the part 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 (30) 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. The CONTRACTOR is responsible for staking all lines and grades needed. The ENGINEER will provide a control point and a benchmark on the project.

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

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 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 thereunder. 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. 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 plans 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 plans 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 work on the project, including but without limitation of the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans 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 plans 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 work, the general and local conditions, and all other matters which can in any way affect the work in this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER’S written consent.

2.10 CONTRACTOR’S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER.

2.11 SANITATION. Necessary sanitation conveniences for the use of laborers on the work, properly secluded from the public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use be strictly enforced.

2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER’S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawing specifications, unless he has in writing called the ENGINEER’S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or shop drawings or schedules. It shall be the CONTRACTOR’S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time.

Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set fourth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR’S performance thereunder.

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

Any questioned work may be ordered, taken up or removed for re-examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER, provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER.

2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract.

2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds.

If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 “Measurement and Payment”. If the amount of work is increased, and the work can fairly be specified under the specifications, such increase shall be paid for according to the quantity actually done at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 “Measurements and Payment”, otherwise such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.

• 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon.

3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused for other work and, except for the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER.

3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto.

3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property of location on which the works herein contracted are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire.

3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.

3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under “Contract Documents” shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work.

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

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

3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the “Manual of Accident Prevention in Construction” of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor.

3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER.

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

Unless otherwise specified, the cost of the premium of the performance and payment bonds shall be included in the CONTRACTORS proposal.

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

3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, for any damage or injury by reason of said process of construction, and he shall be liable for any and all claims for such damage as a result of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or joining property, arising or growing out of the performance of the contract, but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.

3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN,

AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR’S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety.

3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits of claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER, provided, however, if choice of alternate design, device, material, or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER.

3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and Local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the…