Contract Documents and Specifications.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

RESTORATION/MAINTENANCE ACTIVITIES WITH CARTER’S SLOUGH MITIGATION AREA

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 95

IN

MONTGOMERY COUNTY, TEXAS

JULY 2026

QUIDDITY JOB NO. G0001-0064-01

Texas Board of Professional Engineers and Land Surveyors Registration Nos. F-23290 & 10046100

7/1/2026

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

RESTORATION/MAINTENANCE ACTIVITIES WITH CARTER’S SLOUGH MITIGATION AREA

FOR

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 95

IN

MONTGOMERY COUNTY, TEXAS

TABLE OF CONTENTS

Page No.

BIDDING REQUIREMENTS

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

Instruction to Bidders ................................................................................................................... A-2

Bid Form ........................................................................................................................................ A-9

CONDITIONS OF THE CONTRACT

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

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

Prevailing Wage Rates .............................................................................................................. PW-1

Standard Form of Agreement ................................................................................................... SFA-1

Performance Bond ...................................................................................................................... PB-1

Payment Bond ............................................................................................................................. PB-4

Form 1295 ............................................................................................................................... 1295-1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

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

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

Site Restoration .................................................................................................................... 01300-1

ATTACHMENTS

Figure 1 – Project Location Map

Figure 2 – Restoration and Maintenance Map

A-1

INVITATION TO BID

Sealed bids in duplicate addressed to Montgomery County Municipal Utility District No. 95 will be received in the offices of Quiddity Engineering, LLC., 1575 Sawdust Road, Suite 400, The Woodlands, Texas 77380, until 10:00 a.m., Tuesday, July 21, 2026, and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of Restoration/Maintenance Activities within Carter’s Slough

Mitigation Area in Montgomery County Municipal Utility District No. 95.

The project consists of restoration/maintenance activities that include 1) invasive vegetation removal, 2) hazard tree removal, and 3) removal of debris from channel.

The project site is generally located within the Harper’s Preserve Neighborhood, near the intersection of Harper’s

Way and Preserve Way in Montgomery County Municipal Utility District No. 95. The project is in the City of Conroe

Extraterritorial Jurisdiction in Montgomery County.

For construction contracts over $250,000, the bidder shall submit a five percent (5%) bid bond of the maximum total bid amount. Make the bid bond payable to the Owner.

Plans, specifications, and bidding documents are available at www.CivcastUSA.com.

ATTENTION: Pursuant to Texas Government Code § 2252.908, unless you are a publicly traded entity or a wholly owned subsidiary of same, you must be able to provide Montgomery County Municipal Utility District No. 95 (the

"District") with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filling at the time of the bid. Failure to do so will result in the District's inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas

Ethics Commission's website at https://www.ethics.state.tx.us.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid/Contract and the

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

There will be a pre-bid conference held via teleconference, 10:00 a.m., Tuesday, July 14, 2026. Call-in information will be posted to www.CivcastUSA.com prior to meeting date. Attendance is not mandatory.

The Owner reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of 60 calendar days from the date bids are open.

- - o 0 o - -http://www.civcastusa.com/ https://www.ethics.state.tx.us/

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INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work. The work consists of performing restoration/maintenance operations at selected locations within the Carters Slough Mitigation Area, located in the Harper’s Preserve Neighborhood.

The project is located north of the intersection of Harper’s Way and Preserve Way in Montgomery County

Municipal Utility District No. 95. The project is in the City of Conroe Extraterritorial Jurisdiction in

Montgomery County.

The project site is generally located within the Harper’s Preserve Neighborhood, near the intersection of Harper’s Way and Preserve Way in Montgomery County Municipal Utility District No. 95. The project is in the City of Conroe Extraterritorial Jurisdiction in Montgomery County

b. The Owner. c. The Operator.

Montgomery County Municipal Utility District No. 95 Municipal Operations & Consulting c/o Schwartz, Page & Harding, LLP 27316 Spectrum Way 1300 Post Oak Blvd Oak Ridge, Texas 77385 Houston, Texas 77056 Attention: Mr. Keith Arrant Attention: Mr. Spencer Creed Telephone: (281) 367-5511 Telephone: (713) 623-4531

d. The Engineer. e. The Bookkeeper.

Quiddity Engineering, LLC Municipal Accounts & Consulting 575 Sawdust Road, Suite 400 611 Longmire Rd The Woodlands, Texas 77380 Conroe, Texas 77304

Attention: Mr. Cameron M. Silvernail, PE Attention: Mr. Miguel Medina Telephone: (281) 363-4039 Telephone: (936) 647-4162

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received until 10:00 a.m., Tuesday, July 21, 2026, at the offices of Quiddity

Engineering, LLC., 1575 Sawdust Road, Suite 400, The Woodlands, Texas 77380.

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

c. There will be a pre-bid conference held via teleconference, 10:00 a.m., Tuesday, July 14, 2026. Call-in information will be posted to www.CivcastUSA.com prior to meeting date. Attendance is not mandatory.

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

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

A - 3

3.0 BIDDING DOCUMENTS

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

b. Bidders may download copies of the bidding documents at www.civcastusa.com. Bidders must register on this website in order to view and/or download specifications, plans, and any attachments for this project.

There is NO charge to view or download documents.

4.0 SEPARATED CONTRACT PROVISIONS

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

b. Contractor is responsible for obtaining all permits required by the work at no additional cost to the Owner, except as may specifically be exempted in the Special Conditions.

5.0 EXAMINATION

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

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

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

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

6.0 COMPLETION TIME

a. The work shall be substantially complete within the contract time indicated on the contractor’s bid form from date of Notice to Proceed, which should include at least ten (10) calendar days from Notice to Proceed date to mobilize and begin submittal reviews, and complete in full within thirty (30) calendar days from substantial completion.

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

7.0 QUESTIONS

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

Engineer. All questions shall be submitted at www.civcastusa.com through the question and answer section. Questions will not be considered or answered after 10:00 a.m., four (4) calendar days prior to bidding.

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

c. Bidders should contact the Engineer not less than 4 days before bid opening to secure any addenda that may affect bidding.

A - 4

8.0 SUBMITTAL

a. Submit bid and other required data in an opaque, sealed envelope. If submitted by mail, enclose bid envelope in another envelope addressed for mailing. Plainly identify the sealed envelope with the following information:

Do not open before Tuesday, July 21, 2026, 10:00 a.m.

Bid for Restoration/Maintenance Activities within Carter’s Slough Mitigation Area Owner: Montgomery County Municipal Utility District No. 95 Bidder:

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

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

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

e. ATTENTION: Pursuant to Texas Government Code 2252.908, you must provide Montgomery County

Municipal Utility District No. 95 (the “District”) with a printed, executed and notarized original of a completed Certificate of Interested Parties form (Form 1295) with the bid. Failure to do so will result in the District’s inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission’s website at https://www.ethics.state.tx.us.

f. Contractor to include the District’s full name in box 2 of the TEC form, “Montgomery County Municipal

Utility District No. 95”.

g. Contractor to enter “G0001-0064-01” into box 3 of the TEC form.

9.0 BID SECURITY

a. The bidder shall submit a five percent (5%) bid bond of the maximum total bid amount. Make the bid bond payable to the Owner. Bid bond can be submitted at the offices of Quiddity Engineering, LLC, 1575 Sawdust Rd, Suite 400, The Woodlands, TX 77380.

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

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

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

https://www.ethics.state.tx.us/

A - 5

11.0 WITHDRAWAL

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

b. Bids may not be withdrawn or modified after bid opening time unless the award of the contract has been delayed more than 60 calendar days.

12.0 QUALIFICATIONS OF BIDDERS

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

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

c. The Contractor must satisfy all insurance, financial, and bonding requirements of the Owner.

d. The Owner may make any investigations deemed necessary to determine the bidder’s ability to perform the work including the contractor’s OSHA safety record. When requested, furnish such information and data necessary for this purpose.

e. The Contractor is to provide the company’s OSHA safety violation history for the last 5 years resulting from OSHA inspections and the results from each violation including any penalties and other enforcement actions with the bid.

13.0 AWARD OF CONTRACT

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

14.0 RETURN OF SIGNED CONTRACTS

By submitting a bid, the Contractor agrees to return signed contracts with proper bonds and insurance certificates within 14 calendar days after the Engineer has given the unsigned contracts to the Contractor. Should the Contractor fail to return properly executed contracts within 14 calendar days, the Engineer may disqualify that Contractor and recommend that the Owner enter into contracts with the next highest bidder.

A-6

BID FORM

Bidding Firm:

Address:

City, State, Zip:

Date:

Telephone:

Owner: Montgomery County Municipal Utility District No. 95 c/o Schwartz, Page, & Harding, LLP

Address: 1300 Post Oak Blvd, Suite 2400 Houston, Texas 77056 Attention: Mr. Spencer Creed Telephone: (713) 623-4531

Bid Location: Quiddity Engineering, LLC 575 Sawdust Road, Suite 400 The Woodlands, Texas 77380 Attention: Mr. Cameron M. Silvernail, PE Telephone: (281) 363-4039

BID FOR CONSTRUCTION OF

Restoration/Maintenance Activities within Carter’s Slough Mitigation Area within Montgomery

County MUD No. 95

Ladies and Gentlemen:

The undersigned bidder has carefully examined the Contract Documents, the Technical Specifications, and the Construction Plans for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the Construction Plans, and in the manner prescribed therein and according to the requirements of the Engineer as therein set forth for the amounts below. The bidding documents I have examined include the project specifications and drawings for the subject project and addenda listed as follows:

1. Specifications and Contract Documents dated July 2026.

2. Addenda as acknowledged below:

No. Date No. Date

A-7

In submitting this bid, I agree:

(1) To hold my bid open until 60 calendar days following the bid date.

(2) To accept the provisions of the instructions to bidders regarding the disposition of the bid security.

(3) To enter into a contract with the Owner by executing an agreement on the basis of this bid and to furnish a performance bond, a payment bond, and a certificate of insurance as required by the condition of the contract, all within 14 calendar days of receipt of contract documents.

(4) To accomplish the work in accord with the contract documents by furnishing all materials, equipment, and labor for proper construction and completion of the work.

(5) To substantially complete the work within the number of calendar days indicated on the bid form below from date of Notice to Proceed and to achieve final completion within 30 calendar days from substantial completion date.

The following items shall include all of the labor, equipment, and materials necessary for Restoration/Maintenance Activities within Carter’s Slough Mitigation Area within Montgomery County Municipal Utility District No. 95 as shown on the plans and described in the specifications for the project.

Item No.

Description of Item with Unit Bid Price In Written Words Unit

Approx.

Quantity Unit Amount

Total Price

MOVE-IN & START-UP

1. Payment and performance bonds for 100 percent (100%) of the contract amount, a certificate of insurance, move in and start up, complete as specified, as directed by Engineer.

L.S. 1 $ $ Per Lump Sum

INVASIVE SPECIES REMOVAL

2. Installation of approximately 300-ft of temporary wood matting (swamp or construction mats) to allow machinery/equipment to access invasive species removal areas (assume two installations/mobilizations).

L.S. 1 $ $

3. Chinese Tallow Invasive Vegetation Removal, Control, and Disposal (Assume 15-acres, one [1] Mobilization)

Acre 15 $ $ Per Acre

A-8

4. Water Hyacinth Invasive Vegetation Removal and Control (Assume 6.2-acres, Two [2] Mobilizations [Spring/Fall])

Acre 6 $ $ Per Acre

HAZARD TREE REMOVAL

5. Removal and disposal of two (2) hazard trees identified within the Mitigation Area. Hazard trees are defined as trees that appear dead, dying, or structurally compromised and have the potential to fall and cause damage to structures within the Harper’s Preserve Neighborhood, including homes, fences, storage sheds, and other property.

Each 2 $ $ Each

DEBRIS REMOVAL WITHIN CHANNELS AND CULVERTS

6. Remove and dispose of debris (dead trees, limbs) at three locations:

i. Bottleneck location at Carters Slough Tributary 1,

ii. At the culvert crossing at Harper’s Way, and

iii. At the sluice gate emergency overflow storm sewer line at Carters Slough Tributary 2.

Each 3 $ $ Each

ADDITIONAL ITEMS

7. Furnish, install, and maintain traffic control devices and appurtenances for restoration/maintenance project, in accordance with Texas Manual on Uniform Traffic Control Devices (Latest Edition), and City of Conroe and Montgomery County standards and requirements, including flagmen, temporary modifications to (and restoration of) the traffic signs and placement as necessary, complete in place.

Per Lump Sum

8. Stabilized construction entrance, including installation, maintenance, and removal, complete in place.

Per Lump Sum

Description of Item with Unit Bid Price In Written Words Unit

Approx.

Quantity Unit Amount

A-9

9. Allowance for miscellaneous items, adjustments, or repairs due to unforeseen site conditions or unknown issues for the project work, as approved by the Engineer.

L.S. 1 $ 10,000 $ 10,000 Per Lump Sum

TOTAL BASE BID $

TOTAL CONTRACT BID TIME

(Substantial Completion) (calendar days)

Description of Item with Unit Bid Price In Written Words Unit

Approx.

Quantity Unit Amount

A-10

LIST OF MAJOR EQUIPMENT ITEMS

If a contract includes items of equipment of any manufacturer which may require any modification or deviation from the plans, the undersigned agrees to prepare and submit detailed drawings to the Engineer showing all modifications in structures, piping, electrical and mechanical work, required to adapt the plans to the equipment selected. The Bidder further understands that the Engineer will review said detailed drawings of modifications and either approve them or indicate thereon changes necessary to comply with the project requirements. Detailed drawings which are not approved will be revised then resubmitted to the Engineer. The prices listed in the following tabulation are "installed" prices and take into consideration any of the construction changes that may be required.

LIST OF SUBCONTRACTORS

As bidder I acknowledge that:

1. The Owner reserves the right to reject any and all bids.

2. The award of the Contract may be made on the BASE BID only or any combination of the BASE BID, ALTERNATE

ITEMS, SUBCONTRACTORS, selected SUBSTITUTIONS, and CONTRACT COMPLETION TIME.

3. The contract price may be increased or decreased, or the contract time reduced or extended to compensate for changes in the work as ordered by the Engineer and provided for in the Conditions of the Contract.

4. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid/Contract and the

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

Furthermore, as bidder I certify that:

1. I am the only person or party associated with or having an interest in this bid and it is made without collusion involving any other person, partnership or corporation.

2. The amounts given in this bid have been carefully checked and are submitted as correct and final. Attached is a five percent (5%) bid bond equal to the maximum total bid amount.

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

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

A-11

Bidder's Signature:

Title:

Witness:

SEAL (if Bidder is a Corporation)

GC-1

TABLE OF CONTENTS

FOR

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

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

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

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

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

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

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

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

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

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

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. PROSECUTION AND PROGRESS

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

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

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

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5. MEASUREMENT AND PAYMENT

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

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

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

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

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

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

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

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

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

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

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

6. EXTRA WORK AND CLAIMS

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

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

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

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

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

7. ABANDONMENT OF CONTRACT

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

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

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

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

GC-3

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

1.01 OWNER, CONTRACTOR AND ENGINEER

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

1.02 CONTRACT DOCUMENTS

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

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order:

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

1.03 SUB-CONTRACTOR

The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the construction drawings or specifications of this work, but does not include one who merely furnishes material not so worked.

1.04 WRITTEN NOTICE

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

1.05 WORK

The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards.

1.06 EXTRA WORK

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

1.07 WORKING DAY

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

1.08 CALENDAR DAY

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

GC-4

1.09 SUBSTANTIALLY COMPLETED

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

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 OWNER-ENGINEER RELATIONSHIP

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

2.02 OBSERVATION OF THE WORK

The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work.

2.03 PAYMENTS FOR WORK

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

2.04 INITIAL DETERMINATIONS

The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGINEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing.

2.05 OBJECTIONS

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

2.06 LINES & GRADES

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

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2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE

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

CONTRACTOR.

The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the construction drawings, specifications and contract.

Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the construction drawings and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction.

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

2.08 CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract.

CONTRACTOR also understands and agrees that any soil reports and log borings are available for CONTRACTOR’S information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. The CONTRACTOR is expected to examine the site and such reports and then decide for himself the character of the materials to be encountered. 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.

OWNER and ENGINEER disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. OWNER and ENGINEER further disclaim responsibility for interpretation of that data by CONTRACTOR, i.e. projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or underground facilities.

2.09 CHARACTER OF WORKERS

The CONTRACTOR agrees to employ only orderly and competent persons, 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 persons on the work are, in his opinion, incompetent, unfaithful or disorderly, such persons shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent.

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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 for the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER.

2.11 SANITATION

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

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 drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the construction drawings 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 drawings and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, 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 hereunder.

2.13 PRELIMINARY APPROVAL

The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the drawings and specifications.