Contract Documents .pdf

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

PHASE 3 STORM SEWER OUTFALL REPLACEMENTS

HARRIS COUNTY, TEXAS

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 341

IDS Project No. 2341-005-03 Contract No. 1

AUGUST 2026

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

TxEng Firm 2726 | TxSurv Firm 10110700

8/20/2026

BID SET

Revised 03/11/2023

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

Project No. 2341-005-03, Contract No. 1

TABLE OF CONTENTS

CONTRACT DOCUMENTS

A. Notice to Bidders

B. Instructions to Bidders

C. Proposal

D. Agreement

E. Performance Bond

F. Payment Bond

G. General Conditions of the Agreement

H. Special Conditions of the Agreement

I. Technical Specifications

NOTICE TO BIDDERS

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 341 will receive electronic bids for construction of "PHASE 3 STORM SEWER OUTFALL REPLACEMENTS, Project No. 2341-005-03, Contract No. 1; Harris County, Texas" using the Civcast USA (“CivCast”) website; www.civcastusa.com. The project includes the construction of inlets and RCP storm sewer, CMP removal, lake wall replacements, and tree removal at various locations throught the district. A Pre-bid teleconference will be held on Friday, August 28, 2026 at 9:00 a.m. Local Time, and bids will be publicly opened and read via teleconference on Friday, September 4, 2026 at 9:00 a.m. Local Time. The Pre-bid teleconference is not mandatory. For Access to the teleconference for both the Pre-Bid and the bid opening, dial (605) 313-5660, and use access code:

6184643.

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

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

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search “Phase 3 Storm Sewer Outfall Rep”. Bidders must register on this website in order to view and/or download specifications, plans, and other related documents for this project. There is NO charge to view or download documents.

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

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 341

SECTION B

INSTRUCTIONS TO BIDDERS

1. Preparation of Bids:

Unless otherwise directed submit complete bid packages electronically using the CivCast USA website; www.civcastusa.com. Prepare bids in accordance with the Contract Documents including but not limited to the Notice to Bidders, the Instructions to Bidders, and any instructions on the Proposal and Bid Sheet. If optional or alternate items are included in the Proposal and bidder does not wish to bid these items, enter the words NO BID in the appropriate space. Alternate bids will not be considered unless specifically requested in the proposal form. Any statement or letter qualifying the bid will be cause for rejection.

2. Owner:

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

3. Bidders:

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

4. Award of Contract:

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

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

BID AND ALTERNATE BIDS.

5. Conditions of Work:

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

6. Time of Completion:

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

http://www.civcastusa.com/

SECTION B - INSTRUCTION TO BIDDERS

B - 2

7. Substitutions:

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

8. Modification and Withdrawal of Bids:

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

9. Qualifications of Bidders:

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

10. Financial Statement:

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

11. Delivery of Proposals:

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

12. Number of Signed Sets of Documents:

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

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

SECTION B - INSTRUCTION TO BIDDERS

B - 3

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

13. Sales Tax:

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

14. Worker's Compensation Insurance:

See the Special Conditions of the Agreement.

15. Questions: NOT USED

16. Certificate of Interested Parties:

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 Harris County Municipal Utility District No. 341 (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 District's execution of the contract. 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.

END OF SECTION B

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

Revised 03/11/2023 C-1

PROPOSAL TO

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 341

FOR

PHASE 3 STORM SEWER OUTFALL REPLACEMENTS

Project No. 2341-005-03, Contract No. 1

HARRIS COUNTY, TEXAS

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

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

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

________ _________[CONTRACTOR] declares that:

(CONTRACTOR)

Signature:_________________________________

Attest:

Printed Name:______________________________

______________________________ Date:_____________________________________

Address:__________________________________

SEAL

Phone No. _________________________________

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

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

Signed:___________________________________ (Corporate Seal)

D -1

SECTION D

AGREEMENT

STATE OF TEXAS

COUNTY OF HARRIS

THIS AGREEMENT, made and entered into this ________ day of ____________, 20___, by and between HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 341 hereinafter termed OWNER, and __________________________________________________________________, a Texas corporation hereinafter termed CONTRACTOR.

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

PHASE 3 STORM SEWER OUTFALL REPLACEMENTS

Project No. 2341-005-03, Contract No. 1 Harris County, Texas, according to those particular Plans and Technical Specifications prepared by Engineer in the initial Contract Price of $_______________ and all extra work in connection therewith, and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the General and Special Conditions of the Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and addenda therefore as prepared by IDS ENGINEERING GROUP, hereinafter termed ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR, and together with the CONTRACTOR's written Proposal, and the Performance and Payment Bonds thereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

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

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

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

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

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

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

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

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

ATTORNEY'S FEES AND OTHER DEFENSE COSTS.

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

THE GENERAL AND SPECIAL CONDITIONS ATTACHED TO THIS AGREEMENT CONTAIN PROVISIONS

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

DAMAGES OR OTHER LIABILITY ARISING OUT OF THE WORK.

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

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

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

THAT THE PROVISION IS NOT "CONSPICUOUS".

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

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

Fossil Fuels Boycott Verification.

As required by 2276.002, Texas Government Code, as amended, _________ hereby verifies that ____________, including any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, does not boycott energy companies, and will not boycott energy companies during the term of this Agreement. As used in the foregoing verification, “boycott energy companies” shall have the meaning assigned to the term “boycott energy company” in Section 809.001, Texas Government Code, as amended.

Firearms Discrimination Verification.

As required by Section 2274.002, Texas Government Code, as amended, ______________ hereby verifies that __________, including any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, (i) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association, and (ii) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification, "discriminate against a firearm entity or trade association" shall have the meaning assigned to such term in Section 2274.001(3), Texas Government Code, as amended.

Israel Boycott Verification As required by Chapter 2271, Texas Government Code, as amended, __________ hereby verifies that ___________, including any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, does not boycott Israel and will not boycott Israel through the term of this Agreement. As used in the foregoing verification, the term "boycott Israel" has the meaning assigned to such term in Section 808.001, Texas Government Code, as amended.

Anti-Terrorism Representation Pursuant to Chapter 2252, Texas Government Code, _________ represents and certifies that, at the time of execution of this Agreement neither the _________, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code.

Lone Star Infrastructure Protection Act Verification.

Pursuant to Chapter 2275, Texas Government Code, as amended, and to the extent this Agreement grants to ____________ direct or remote access to the control of critical infrastructure, excluding access specifically allowed for product warranty and support, _____________ verifies that neither __________, including any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, nor any of its sub-contractors are: (i) owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (ii) headquartered in China, Iran, North Korea, Russia or a designated country. The term "designated country" means a country designated by the Governor as a threat to critical infrastructure under Section 2275.0103, Texas Government Code. The term "critical infrastructure" shall have the meaning assigned to such term in Section 2275.0101, Texas Government Code.

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

HARRIS COUNTY

MUNICIPAL UTILITY DISTRICT NO. 341_______ ____________________________________

OWNER CONTRACTOR

By:___________________________________ By:_________________________________

ATTEST: ATTEST:

(Certification if Bidder is a Corporation)

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

SIGNED:

(Corporate Seal)

NOTE: This form to be used only when the Construction Contract is entered into by the District. See Private Work form for Developer Construction Contracts.

Bond No.

PERFORMANCE BOND

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF HARRIS §

THAT of the City of , Texas, as principal and hereinafter referred to as "Principal," and authorized under the Laws of the State of Texas to act as surety on bonds for principals, as surety and hereinafter referred to as "Surety," are held and firmly bound unto , as obligee and hereinafter referred to as "Owner," in the penal sum of AND /100 DOLLARS ($ ) for the payment which said Principal and Surety bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , to be effective as of the date of the contract for construction of:

PROJECT NO. 2341-005-03

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 the work, as defined in and in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, for value received, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 the work to be performed thereunder, or the plans, specifications or drawings accompanying same.

FURTHER PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein.

MASTER FORM: K:\Construction Contract - Performance Bond (Public)

Revised: 5/18/15 - BY: BTY Construction Contract - Performance Bond (Public) - template (2).docx

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

Principal Surety

By:_________________________________ By:_______________________________

Title:_______________________________

Title:______________________________

Address:_____________________________ Address:___________________________

(SEAL) (SEAL)

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

The name, mailing address, physical address and telephone number, including the area code, of the Surety to which any notice of claim should be sent:

NOTE: This form to be used only when the Construction Contract is entered into by the District. See

Private Work form for Developer Construction Contract.

Bond No.

PAYMENT BOND

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF HARRIS §

THAT of the City of , Texas, as principal and hereinafter referred to as "Principal," and authorized under the Laws of the State of Texas to act as surety on bonds for principals, as surety and hereinafter referred to as "Surety," are held and firmly bound unto , as obligee and hereinafter referred to as "Owner," in the penal sum of AND /100 DOLLARS ($ ) for the payment which said Principal and Surety bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated day of , 20 , for construction of:

PROJECT NO. 2341-005-03

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 it or to 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, for value received, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 the work to be performed thereunder, or the plans, specifications or drawings accompanying same;

FURTHER PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall

NEW FORM: K:\Construction Contract – Payment Bond (Public)

REVISED: 5/18/15

BY: BTY

be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of , 20 , to be effective as of the date of the contract.

Principal Surety

By:________________________________ By:_______________________________

Address:___________________________

Address:___________________________

(SEAL) (SEAL)

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

The name, mailing address, physical address and telephone number, including the area code, of the Surety to which any notice of claim should be sent:

Revised 1/27/03 TC - 1

TABLE OF CONTENTS

FOR

GENERAL CONDITIONS OF AGREEMENT

Page

1. DEFINITION OF TERMS

1.01 Owner, Contractor and Engineer G-1

1.02 Contract Documents G-1

1.03 Subcontractor G-1

1.04 Written Notice G-1

1.05 Work G-1

1.06 Extra Work G-1

1.07 Working Day G-1

1.08 Calendar Day G-1

1.09 Substantially Completed G-2

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 Owner-Engineer Relationship G-2

2.02 Professional Inspection by Engineer G-2

2.03 Payments for Work G-2

2.04 Initial Determinations G-2

2.05 Objections G-2

2.06 Lines and Grades G-2

2.07 Contractor's Duty and Superintendence G-3

2.08 Contractor's Understanding G-3

2.09 Character of Workers G-3

2.10 Contractor's Building G-4

2.11 Sanitation G-4

2.12 Shop Drawings G-4

2.13 Preliminary Approval G-4

2.14 Defects and Their Remedies G-4

2.15 Changes and Alterations G-5

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 Keeping of Plans and Specifications Accessible G-5

3.02 Ownership of Drawings G-5

3.03 Right of Entry G-5

3.04 Collateral Contracts G-5

3.05 Discrepancies and Omissions G-5

3.06 Equipment, Materials and Construction Plant G-5

3.07 Damages G-5

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

Revised 1/27/03 TC - 2

3.09 Performance and Payment Bonds G-6

3.10 Losses from Natural Causes G-6

3.11 Protection of Adjoining Property G-7

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

3.13 Protection Against Royalties or Patented Invention G-7

3.14 Law and Ordinances G-7

3.15 Assignment and Subletting G-8

3.16 Indemnification G-8

3.17 Insurance G-8

3.17.1 Certificate of Insurance G-9

4. PROSECUTION AND PROGRESS

4.01 Time and Order of Completion G-9

4.02 Extension of Time G-9

4.03 Hindrances and Delays G-9

5. MEASUREMENT AND PAYMENT

5.01 Quantities and Measurements G-9

5.02 Estimated Quantities G-9

5.03 Price of Work G-10

5.04 Partial Payment G-10

5.05 Use of Completed Portions G-10

5.06 Final Completion and Acceptance G-11

5.07 Final Payment G-11

5.08 Payments Withheld G-11

5.09 Delayed Payments G-11

6. EXTRA WORK AND CLAIMS

6.01 Change Orders G-11

6.02 Minor Changes G-12

6.03 Extra Work G-12

6.04 Time of Filing Claims G-13

6.05 Arbitration G-13

7. ABANDONMENT OF CONTRACT

7.01 Abandonment by Contractor G-13

7.02 Abandonment by Owner G-15

7.03 Termination by the Owner for Cause G-15

7.04 Termination by the Owner for Convenience G-16

7.05 Suspension by the Owner for Convenience G-17

7.06 Termination by the Contractor G-17

Revised 1/27/03 G-1

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITION OF TERMS

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

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

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Bidders, Technical Specifications, Plans, and General Conditions of Agreement.

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

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

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

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

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

1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted.

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

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

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

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

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

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

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

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

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

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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 plans, specifications and contract.

Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. 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 process, 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 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, 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 the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or 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 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 personnel on the work are, in his opinion, incompetent, unfaithful or disorderly, such person or persons 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 personnel, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the

Revised 1/27/03 G-4 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 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 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 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 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 reflect 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 make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for

Revised 1/27/03 G-5 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 any 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 classified under the specifications, such increase for such work under this contract will be paid for as provided for in the unit price items under Section 5 "Measurement and Payment", otherwise, such additional work shall be paid for as provided under Extra…