Contracts and Project Manual .pdf

Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290

6330 West Loop South, Suite 150 Bellaire, TX 77401 713.777.5337

12’ WATERLINE & 8’ SANITARY SEWER EXTENSION

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CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

12” WATERLINE AND 8” SANITARY SEWER EXTENSION

FOR

GPW PROPERTIES, LP DEVELOPMENT

ON BEHALF OF WEST HARRIS COUNTY MUD NO. 2

IN

HARRIS COUNTY, TEXAS

SEPTEMBER 2026

Quiddity Job No. 28642-0001-01

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

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

12” WATERLINE AND 8” SANITARY SEWER EXTENSION

FOR

GPW PROPERTIES, LP DEVELOPMENT

ON BEHALF OF WEST HARRIS COUNTY MUD NO. 2

IN

HARRIS COUNTY, TEXAS

TABLE OF CONTENTS

BIDDING REQUIREMENTS Page No.

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

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

Bid Form ........................................................................................................................... A-6

CONDITIONS OF THE CONTRACT

Form 1295 ....................................................................................................................... A-18

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

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

Labor Classification and Prevailing Wage Scale ........................................................... PW-1

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

Payment Bond ................................................................................................................ PB-1

Performance Bond ......................................................................................................... PF-1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

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

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

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

Construction Photos ................................................................................................... 01321-1

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

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

Laboratory Services ................................................................................................... 01410-1

Field Project Representative Services ....................................................................... 01420-1

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

Traffic Channelizing Devices....................................................................................... 01571-1

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

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

Site Restoration .......................................................................................................... 01740-1

DIVISION 2 - SITE WORK

Clearing & Grubbing ................................................................................................... 02102-1

Trimming .................................................................................................................... 02103-1

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

Cement Stabilized Sand ............................................................................................. 02221-1

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

Trenchless Construction ............................................................................................. 02224-1

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

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

Grading and Compaction of Subgrade ....................................................................... 02230-1

Tunnel Grout .............................................................................................................. 02330-1

Concrete Construction of Structures ......................................................................... 02515-1

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

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

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

Portland Cement Concrete Pavement ....................................................................... 02614-1

Lime Stabilization of Base Roadway ........................................................................... 02615-1

Pavement Repair and Resurfacing ............................................................................. 02616-1

Concrete Curbs ........................................................................................................... 02620-1

Landscape Planting – Sod .......................................................................................... 02803-1

DIVISION 3 - CONCRETE

Concrete Formwork .................................................................................................... 03100-1

Concrete Joints and Embedded Items ........................................................................ 03150-1

Concrete Reinforcement ............................................................................................. 03200-1

Cast-in-Place Concrete ................................................................................................ 03300-1

EXHIBITS:

Exhibit No. 1 – CMT Technical Services Agreement for Construction Material Engineering and

Testing Services.

Exhibit No. 2 – CMT Technical Services Agreement Proposal for CMT Services.

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INVITATION TO BID

Sealed bids addressed to West Harris County Municipal Utility District No. 2 will be received in the offices of

Quiddity Engineering, LLC., 2322 W Grand Parkway N, Suite 150, Katy, Texas 77449, until 11:00 a.m., Tuesday, October 13, 2026, for furnishing all plant, labor, material and equipment and performing all work required for the construction of 12” Waterline and 8” Sanitary Sewer Extension for GPW Properties, LP Development in West Harris

County MUD No. 2.

The project consists of extending the public 12-inch (12”) waterline approximately 1,056 linear feet. The project is located along State Highway 99 and Morton Ranch Rd in West Harris County Municipal Utility District No. 2, within the City of Houston Extraterritorial Jurisdiction, Harris County Key Map 445-P.

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 West Harris County Municipal Utility District No. 2 (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.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this 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, 11:00 a.m., Tuesday, October 6, 2026. The Microsoft

Teams call-in information will be provided to all plan holders via Civcast. It will be each bidder’s responsibility to ensure they receive the call-in details prior to the pre-bid conference. 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.

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INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work. The work consists of providing the necessary labor, materials, equipment and supervision to construct the 12” Waterline and 8” Sanitary Sewer Extension for GPW Properties, LP in West Harris County Municipal Utility District No. 2.

The project consists of extending the public 12-inch (12”) waterline approximately 1,056 linear feet including a road crossing in steel casing.

c. The Owner d. The Operator West Harris County Municipal District No. 2 Municipal Operations & Consulting, Inc.

c/o Coats Rose, P.C. 1825 Mason Road 9 Greenway Plaza, Suite 1000 Attention: Mr. Greg Dubiel

Houston, Texas 77046 Telephone: (281) 347-8686 Attention: Mr. Michael P. Bacon Telephone: (713) 651-0111

e. The Engineer f. The Bookkeeper

Quiddity Engineering, LLC Myrtle Cruz, Inc.

2322 W Grand Pkwy N, Suite 150 3401 Louisiana Street, Suite 400 Katy, Texas 77449 Houston, Texas 77002

Attention: Mr. Shane Keasler, PE Attention: Ms. Vanessa Hernandez Telephone: (832) 913-4000 Telephone: (713) 759-1368

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received until 11:00 a.m., Tuesday, October 13, 2026, in the offices of

Quiddity Engineering, LLC, 2322 West Grand Parkway North, Suite 150, Katy, Texas 77449.

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 on Tuesday, October 6, 2026 at 11:00 a.m. 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. Bid summary will be posted to www.CivcastUSA.com for public viewing immediately following the bid opening.

3.0 BIDDING DOCUMENTS

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

b. Plans, specifications and bidding documents are available at www.civcastusa.com or may be examined by appointment at the office of the Engineer.

4.0 SEPARATED CONTRACT PROVISIONS

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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 time frame indicated on the bid form in calendar days from date of Notice to Proceed and complete in full within thirty (30) calendar days from substantial completion. Substantial completion time should include time to mobilization and initial submittal reviews.

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 11:00 a.m., three (3) business 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 72 hours before bid opening to secure any addenda that may affect bidding.

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 11:00 a.m., October 13, 2026 Bid for 12” Waterline and 8” Sanitary Sewer Extension for GPW Properties, LP

Owner: West Harris County Municipal Utility District No. 2 Bidder: .

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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, unless you are a publicly traded entity or a wholly owned subsidiary of same, you must be able to provide Castlewood Municipal Utility District (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.

f. Contractor to include the District’s full name in box 2 of the TEC form, “West Harris County Municipal Utility District No. 2”.

Contractor to enter “28642-0001-01” into box 3 of the TEC form.

9.0 BID SECURITY

a. For construction contracts $50,000 and over but less than $250,000, the bidder shall submit a two percent

(2%) bid bond of the maximum total bid amount. 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 bonds payable to the Owner.

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

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

a. 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.

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.

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c. 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.

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

e. 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.

13.0 AWARD OF CONTRACT

a. 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

a. 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.

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BID FORM

Bidding Firm:

Address:

City, State, Zip:

Date:

Telephone:

Owner: West Harris County Municipal Utility District No. 2

Address: West Harris County Municipal Utility District No. 2 c/o Coats Rose, P.C.

9 Greenway Plaza, Suite 1000

Houston, TX 77046

Attention: Mr. Michael P. Bacon

Telephone: (713) 651- 0111

Bid Location: Quiddity Engineering, LLC 2322 W Grand Pkwy N, Suite 150 Katy, TX 77449 Attention: Mr. Shane Keasler, P.E.

Telephone: (832) 913-4000

BID FOR CONSTRUCTION OF

12” WATERLINE AND 8” SANITARY SEWER EXTENSION FOR GPW PROPERTIES, LP

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 September 2026.

2. Drawings including 14 sheets dated February 2026.

3. Addenda as acknowledged below:

No. Date No. Date

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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 _________ calendar days from date of Notice to Proceed, and to achieve final completion within 30 calendar days from date of the Substantial Completion.

The following items shall include all of the labor, equipment, and materials necessary for construction of Waterline Extension for West Harris County Municipal Utility District No. 2 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

1. Performance and payment bonds for 100 percent (100%) of the contract amount including all local, state and federal permits, and insurance, complete as specified.

L.S. 1 $ $ Per Lump Sum

2. Move-in and set-up for General Construction of 12” Waterline and 8” Sanitary Sewer Extension for GPW Properties, LP. Complete as specified for the sum of:

WATERLINE ITEMS

3. 12-inch (12") AWWA C-900 (DR18) Pressure Class 235 waterline, all depths, by open cut construction (including fittings, tracer wire, restrained joints as shown on plans, thrust blocks at all bends and fittings, bedding, backfill, testing and disinfection), Complete in Place.

L.F. 375 $ $ Per Linear Foot

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No.

Description of Item with Unit Bid Price In Written Words Unit

Approx.

Quantity Unit Amount

4. 12-inch (12") AWWA C-900 (DR18) Pressure Class 235 waterline, all depths, by open cut construction with restrained joint (including fittings, tracer wire, restrained joints as shown on plans, thrust blocks at all bends and fittings, bedding, backfill, testing and disinfection), Complete in Place.

L.F. 263 $ $

5. 12-inch (12") AWWA C-900 (DR18) Pressure Class 235 waterline, all depths, by trenchless construction

(including fittings, tracer wire, restrained joints, casing spacers, end seals, tunnel grout, bedding, backfill, and testing as shown on plans), Complete in Place.

L.F. 361 $ $ Per Linear Foot

6. 12-inch (12") AWWA C-900 (DR18) Pressure Class 235 waterline, all depths, by trenchless construction in

20-inch (20") steel casing with a wall thickness of 0.5 inches (0.5”) as shown on the construction drawings (including fittings, tracer wire, restrained joints, casing spacers, end seals, tunnel grout, bedding, backfill, and testing as shown on plans), Complete in Place.

L.F. 57 $ $

7. 12-inch (12") AWWA C-509 (resilient seated) gate valve and box (including concrete square pad as shown on details), Complete in Place.

EA. 1 $ $

Per Each

8. Fire Hydrant Assembly (AWWA C-502) per specifications and details with bury as shown on the construction drawings, (including lead, box, cover, gate valve), Complete in Place.

EA. 3 $ $

Per Each

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No.

Description of Item with Unit Bid Price In Written Words Unit Approx. Quantity Unit Amount

9. 12-inch (12") X 8-inch (8") tapping sleeve and valve (TS&V) connection to existing 12-inch (12") waterline

(including fittings, restrained joints, bedding, backfill, and testing), Complete in Place.

EA. 2 $ $

Per Each

10. Trench safety system for 12-inch (12”) waterline, all depths, Complete in Place.

L.F. 638 $ $

ADDITIONAL ITEMS

11. Remove and replace existing concrete pavement, max 8-inch depth to match existing thickness, including pavement striping, Complete in Place.

S.Y. 98 $ $ Per Square Yard

12. Site Restoration to original or better condition, including cleaning of pavement areas, replacement of all damaged landscaping and irrigation systems, block sodding disturbed public right-of-way and easements, and all other existing utilities or facilities not explicitly outlined in other bid items, as necessary. Contractor to ensure growth of vegetation by whatever means necessary, including watering at no separate pay.

13. Furnish, install, and maintain traffic control devices and appurtenances for construction of project, in accordance with Texas Manual on Uniform Traffic Control Devices (Latest Edition) and City of Houston standards and requirements, including flagmen, temporary modifications to (and restoration of) the traffic signs and placement as necessary, Complete in Place.

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No.

Description of Item with Unit Bid Price In Written Words Unit

Approx.

Quantity Unit Amount

14. Storm Water Pollution Prevention Plan implementation, maintenance, inspections, reporting and submission of required documents per TPDES Construction General Permit TXR150000, for construction of the proposed work, Complete in Place.

ALLOWANCES

15. Allowance for Construction materials testing, to be provided by CMT Technical Services, in accordance with the estimate of services as detailed in Exhibit Nos. 1 and 2.

@ Twenty-six thousand four hundred dollars and zero cents L.S. 1 $ 23,995.00 $ 23,995.00

16. Construction staking by Quiddity Engineering, LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor.

@ Five thousand five hundred dollars and zero cents

L.S. 1 $ 5,000.00 $ 5,000.00 Per Lump Sum

17. Allowance to modify the proposed improvements as described in the contract documents due to unforeseen conditions mot determined at the time of bidding, complete as specified and approved by the Engineer and Owner, on an as-needed basis for the sum of:

@ Ten thousand dollars and zero cents

L.S. 1 $ 10,000.00 $ 10,000.00

TOTAL BASE BID $

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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.

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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.

Bidder's Signature:

Title:

Witness:

SEAL (if Bidder is a Corporation)

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile rgh Text Box 1295-2

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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

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GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

1.01 OWNER, CONTRACTOR AND ENGINEER

The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term

ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR.

1.02 CONTRACT DOCUMENTS

The Contract Documents shall consist of the Notice to Bidders (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General

Conditions of the Agreement, Special Conditions of the Contract, Technical Specifications, Construction Drawings, and all modifications thereof incorporated in any of the documents before the execution of the agreement.

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

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

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

1.03 SUB-CONTRACTOR

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

1.04 WRITTEN NOTICE

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

1.05 WORK

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

1.06 EXTRA WORK

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

CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein.

1.07 WORKING DAY

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

1.08 CALENDAR DAY

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

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1.09 SUBSTANTIALLY COMPLETED

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

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

2.01 OWNER-ENGINEER RELATIONSHIP

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

2.02 OBSERVATION OF THE WORK

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

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

2.03 PAYMENTS FOR WORK

The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to

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

2.04 INITIAL DETERMINATIONS

The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the

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

2.05 OBJECTIONS

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

2.06 LINES & GRADES

Unless otherwise specified, the ENGINEER or his representative shall furnish all lines and grades. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefore. The CONTRACTOR shall give the

ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc. shall be replaced at the CONTRACTOR'S expense.

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2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE

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

CONTRACTOR.

The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and

ENGINEER being interested only in the result obtained and conformity of such completed improvements to the construction drawings, specifications and contract.

Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the…