Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 6330 West Loop South, Suite 150 Bellaire, TX 77401 713.777.5337

MARCH 2026AUGUST 2026

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

WATER PLANT NOs. 1 & 2 CHLORAMINE CONVERSION & SURFACE WATER TIE-IN

FOR

BISSONNET MUNICIPAL UTILITY DISTRICT

IN

HARRIS COUNTY, TEXAS

AUGUST 2026

Quiddity Job No. 05159-0211-00

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

FOR CIVIL ONLY FOR ELECTRICAL ONLY

QUIDDITY ENGINEERING, LLC

QUIDDITY ENGINEERING, LLC

8/24/2026 08/25/2026

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

WATER PLANT NOs. 1 & 2 CHLORAMINE CONVERSION & SURFACE WATER TIE-IN

FOR

BISSONNET MUNICIPAL UTILITY DISTRICT

IN

HARRIS COUNTY, TEXAS

TABLE OF CONTENTS

Page No.

BIDDING REQUIREMENTS

Invitation to Bid A-1

Instruction to Bidders A-2

Bid Form A-6

CONDITIONS OF THE CONTRACT

General Conditions of the Agreement GC-1

Special Conditions of the Contract SC-1

Prevailing Wage Rate PW-1

Standard Form of Agreement SFA-1

Performance & Payment Bonds PB-1

Certificate of Interested Parties 1295-1

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work 01010-1

Cutting and Patching 01070-1

Submittals 01300-1

Construction Photos 01321-1

Construction Progress Schedule 01330-1

Shop Drawings, Products Data, and Samples 01340-1

Schedule of Values 01370-1

Testing Laboratory Services 01410-1

Field Project Representatives Services 01420-1

Temporary Facilities and Controls 01500-1

Facility Start-Up 01650-1

Cleaning and Adjusting 01710-1

Project Record Documents 01720-1

DIVISION 2 - SITE WORK

Trimming 02103-1

Clearing and Grubbing 02104-1

Demolition 02110-1

Embankment 02212-1

Excavation, Trenching, and Backfilling for Utilities 02220-1

Cement-Sand Backfill 02221-1

Structural Excavation and Backfill 02222-1

Roadway Excavation 02223-1

Trench Safety System 02226-1

Waste Material Disposal 02227-1

Grading and Compaction of Subgrade 02230-1

Lime Stabilization of Pavement Subgrade 02241-1

Concrete Drainage Structures 02513-1

Concrete Construction for Structures 02515-1

Dewatering and Drainage of Excavation 02530-1

Portland Cement Concrete Pavement 02614-1

Concrete Slope Paving 02650-1

Chain Link Fencing 02711-1

Hydro-Mulch Seeding 02801-1

DIVISION 3 - CONCRETE

Concrete Formwork 03100-1

Concrete Joints and Embedded Items 03150-1

Concrete Reinforcement 03200-1

Cast-in-Place Concrete 03300-1

Grouting 03350-1

DIVISION 4 - MASONRY

Unit Masonry System 04200-1

DIVISION 5 - METALS

Miscellaneous Metal 05501-1

DIVISION 7

Waterproofing 07112-1

Flashing and Sheet Metal 07620-1

Caulking and Sealants 07900-1

Joint Fillers 07920-1

DIVISION 8 - HARDWARE

Fiberglass Doors and Frames 08122-1

Finish Hardware 08711-1

Thresholds and Weatherstripping 08736-1

DIVISION 9 - COATING

Protective Coating and Disinfection for Potable Water Systems 09920-1

DIVISION 10

Backdraft Dampers and Vents 10200-1

DIVISION 11 - EQUIPMENT

Equipment General Provisions 11011-1

Peristaltic Pumps 11160-1

Gas Feed Equipment 11500-1

Gas Leak Detection 11501-1

Chemical Injectors and Diffusers 11521-1

DIVISION 13 – SPECIAL CONSTRUCTION

HDPE Tank 13220-1

Instrumentation and Controls – General Provisions 13300-1

Control Panel Enclosures and Panel Equipment 13330-1

Instruments 13340-1

Process Control Narratives 13441-1

DIVISION 15 - MECHANICAL

Mechanical General Provisions 15011-1

Mechanical Identification 15190-1

Pipe Insulation 15226-1

Plant Piping 15600-1

Valves 15680-1

Emergency Shower and Eyewash Equipment 15929-1

DIVISION 16 - ELECTRICAL

General Provisions with Existing Facilities 16011-1

Grounding System 16060-1

Conduits, Fitting, and Bodies 16111-1

Raceway Systems 16120-1

Instrumentation Cable 16121-1

Wire and Cable 600 Volt and Below 16122-1

Electrical Exterior Underground (DB) 16135-1

Pull, Junction, and Terminal Boxes 16136-1

Outlet Boxes 16137-1

Wiring Devices 16140-1

Wire and Wiring 16150-1

Disconnect Switches 16165-1

Electrical Identification 16195-1

Panelboards 16441-1

Low Voltage Dry-Type Distribution Transformers 16460-1

Enclosed Safety Switches 16490-1

Low Voltage Surge Protection Devices 16491-1

Low Voltage Fuses 16495-1

Lighting 16500-1

A-1

INVITATION TO BID

Sealed bids in duplicate addressed to Bissonnet Municipal Utility District 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, September

15, 2026, and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of:

Water Plant Nos. 1 & 2 Chloramine Conversion & Surface Water Tie-In

Water Plant No. 1 is located at 13127 Balarama Drive, Houston, TC 77099 and Water Plant No. 2 is located at 8550

Connaught Garden Drive, Houston, Texas 77083.

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 Bissonnet 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.

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 via Microsoft Teams at 11:00 a.m., Tuesday, September 8, 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 90 days from the date bids are open.

END OF SECTION

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INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work. Bids are invited on a general contract for construction of Water Plant Nos. 1 & 2 Chloramine

Conversion & Surface Water Tie-In for Bissonnet Municipal Utility District.

b. The Owner. c. The Operator.

Bissonnet Municipal Utility District Municipal District Services, L.L.C.

c/o Wallace & Philbin, L.L.P. 406 W. Grand Parkway South

6363 Woodway, Suite 800 Suite 260

Houston, Texas 77057 Katy, Texas 77494-8360

Attention: Mr. Dax Philbin Attention: Mr. Kyle Chapline

Telephone: (713) 739-1060 Telephone: (281) 290-6500

d. The Engineer. e. The Bookkeeper.

Quiddity Engineering, LLC Municipal Accounts & Consulting, L.P.

2322 W Grand Parkway N, Suite 150 1281 Brittmoore Road

Katy, Texas 77449 Houston, Texas 77043

Attention: Mr. Shane S. Keasler, PE Attention: Mr. Ruffy Salgado

Telephone: (832) 913-4000 Telephone: (713) 366-3065

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received by Quiddity Engineering until 11:00 a.m., Tuesday, September

15, 2026 in the offices of Quiddity Engineering, LLC, 2322 W Grand Parkway N, 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 via Microsoft Teams at 11:00 a.m., Tuesday, September 8, 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.

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

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

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. Bidders may download copies of the bidding documents at www.civcastusa.com free of charge.

4.0 SEPARATED CONTRACT PROVISIONS

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

A - 3

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. Bidder shall fill in the blank on the bid form for the number of calendar days for the substantial completion period of performance from date of Notice to Proceed. Final Completion shall be achieved within 30 calendar days from the date of Substantial Completion.

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

7.0 QUESTIONS

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

Engineer. All questions shall be submitted at www.civcastusa.com through the question and answer section. Questions will not be considered after 11:00 a.m., three (3) calendar days prior to bidding.

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

c. Bidders should contact the Engineer not less than 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., Tuesday, September 15, 2026

Bid for Water Plant Nos. 1 & 2 Chloramine Conversion & Surface Water Tie-In

Owner: Bissonnet Municipal Utility District

Bidder:

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

A - 4

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 Bissonnet 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, “Bissonnet Municipal Utility

District”.

g. Contractor to enter “05159-0211-00” into the TEC Box 3.

9.0 BID SECURITY

a. The bidder shall submit a five percent (5%) bid bond of the maximum total bid amount. Make the bid bond payable to the Owner.

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 bonds as required.

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

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

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 90 calendar days.

12.0 QUALIFICATIONS OF BIDDERS

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

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

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

A - 5

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

13.0 AWARD OF CONTRACT

The Owner is not obligated to accept the lowest bid or any bid. The Owner reserves the right to reject any or all bids and to waive any informalities in bids or in bidding. The Owner may accept any bid deemed advantageous.

The contract award may include full consideration of unit prices, alternates, and time of completion.

14.0 RETURN OF SIGNED CONTRACTS

By submitting a bid, the Contractor agrees to return signed contracts with proper bonds and insurance certificates within 14 calendar days after the Engineer has given the unsigned contracts to the Contractor. Should the

Contractor fail to return properly executed contracts within 14 calendar days, the Engineer may disqualify that

Contractor and recommend that the Owner enter into contracts with the next highest bidder.

A-6

BID FORM

Bidding Firm:

Address:

City, State, Zip:

Date:

Telephone:

Owner: Bissonnet Municipal Utility District

Address: c/o Wallace & Philbin, LLP

6363 Woodway, Suite 800

Houston, Texas 77057

Attention: Mr. Dax Philbin/Ms. Alexis Walker

Telephone: (713) 739-1060

Bid Location: Quiddity Engineering, LLC

2322 W Grand Parkway N, Suite 150

Katy, Texas 77449

Attention: Mr. Shane Keasler, PE

Telephone: (832) 913-4000

BID FOR CONSTRUCTION OF

WATER PLANT Nos. 1 & 2, CHLORAMINE CONVERSION AND SURFACE WATER TIE-IN

Directors:

Having received and examined the bidding documents and having examined the project site, I the undersigned bidder, submit this bid. 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

2. Drawings including sheets dated

No. Date No. Date

A-7

In submitting this bid, I agree:

1. To hold my bid open, not withdraw or modify the bid, until 90 calendar days following the bid date.

2. To accept the provisions of the instructions to bidders regarding the basis for bidding and 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 unsigned contracts.

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 this water plant facility 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

WATER PLANT NO. 1

2. Move-in and set-up for construction of Water Plant No. 1 portion of the project including but not limited to:

Construction of plant piping, valves, fittings, and appurtenances; ground storage tank (GST) tie-in modifications to existing GST; Overflow weir demolition and replacement; CMU building including foundation; LAS chemical feed equipment including pumps, tank, injection quills, and accessories; Chlorine feed equipment and accessories; new electrical equipment; MCC modifications; Autosensory Panel

Modifications; transformer and panelboard addition; autodialer modifications; conduit; wiring; ductbank;

new building power and lighting; instruments and controls; protective coatings; site work and restoration;

fence modifications; and all else noted in the specifications and shown on the contract drawings but not addressed in separate bid items required for a complete and operational water plant facility, complete as specified and as shown in the Drawings.

A-8

Item Description of Item with Unit Bid Price Approx. Unit Total

No. in Written Words Unit Quantity Price Amount

3. Disinfection and bacteriological testing of GST No. 1, complete as specified.

Ea. 1 $ $

Per Each

4. Provide trench safety system for on-site piping, drainage facilities, and foundation construction, complete as specified.

WATER PLANT NO. 2

5. Move-in and set-up for construction of Water Plant No. 2 portion of the project including but not limited to:

Construction of plant piping, valves, fittings, and appurtenances; Ground storage tank (GST) tie-in modifications to existing GST; Overflow weir demolition and replacement; modifications to existing chlorine room and booster pump room; CMU building including foundation; LAS chemical feed equipment including pumps, tank, injection quills, and accessories; Chlorine feed equipment and accessories; electrical equipment; MCC modifications; Autosensory Panel Modifications; transformer and panelboard addition;

autodialer modifications; conduit; wiring; ductbank; new building power and lighting; instruments and controls; protective coatings; site work and restoration; and all else noted in the specifications and shown on the contract drawings but not addressed in separate bid items required for a complete and operational water plant facility, complete as specified and as shown in the Drawings.

6. Disinfection and bacteriological testing of GST No. 1, complete as specified.

Ea. 1 $ $

Per Each

A-9

Item Description of Item with Unit Bid Price Approx. Unit Total

No. in Written Words Unit Quantity Price Amount

7. Provide trench safety system for on-site piping, drainage facilities, and foundation construction, complete as specified.

ALL FACILITIES

8. Installation, maintenance, and record keeping of Storm Water Pollution Prevention Plan, complete as specified.

9. Allowance for necessary modifications to complete the work for the proposed scope as described in the

Contract Documents for Water Plant Nos. 1 & 2, complete as specified and as approved by the Engineer and the District Engineer.

@ Fifty thousand dollars and zero cents

L.S. 1 $ 50,000.00 $ 50,000.00

TOTAL BASE BID $

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MAJOR EQUIPMENT MANUFACTURERS

Base Bid. Only the acceptable manufacturers listed shall be used in determining the BASE BID. The Contractor must indicate which manufacturer was used in the BASE BID by circling the manufacturers name and/or filling in the name on the substitution list. If a Substitution is given, an add or deduct amount must be filled in. Failure to do so may disqualify the Bid.

Substitutions. Any manufacturer not used in the base bid tabulation, including those not listed as an acceptable manufacturer, may be listed as a substitution.

The Bidder understands that after a contract is awarded, the Owner may select items of any other manufacturer listed in the following tabulation. If awarded the contract, the Bidder agrees to furnish and install any substitutions listed for the price indicated. The BASE BID will then be adjusted accordingly.

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 changes that may be required.

LIST OF ACCEPTABLE BASE BID EQUIPMENT MANUFACTURERS

EQUIPMENT ITEM MANUFACTURER

CHLORINE FEED SYSTEM Superior

Regal

CONTROL PANELS ACE Controls

Texas Industrial Control Manufacturing (TICM)

Control Panels USA

Prime Controls

Weimar Manufacturing

HDPE TANKS Assmann

Polyprocessing

Chem-Tainer

Snyder

PERISTALTIC PUMPS Blue-White

Watson-Marlow

PROTECTIVE COATING AND PAINTING Carboline

Tnemec

Sherwin Williams

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LIST OF BASE BID EQUIPMENT MANUFACTURERS AND SUBSTITUTIONS

Base Bid Substitutions

Add (Deduct)

Equipment Item Manufacturer Manufacturer from Base Bid

CHLORINE FEED SYSTEM

CONTROL PANELS

HDPE TANKS

PERISTALTIC PUMPS

PROTECTIVE COATING

AND PAINTING

LIST OF ALL SUBCONTRACTORS

COATINGS:

ELECTRICAL:

MECHANICAL:

CHEMICAL:

OTHER:

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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

BIDS, SUBCONTRACTORS, and selected SUBSTITUTIONS.

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

Furthermore, as bidder I certify that:

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

2. The amounts given in this bid have been carefully checked and are submitted as correct and final. Attached is a five percent (5%) bid bond of 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: SEAL

Witness:

GC-1

TABLE OF CONTENTS

FOR

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

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

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

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

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

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

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

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

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

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

2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. GENERAL OBLIGATIONS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. PROSECUTION AND PROGRESS

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

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

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

GC-2

5. MEASUREMENT AND PAYMENT

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

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

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

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

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

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

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

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

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

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

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

6. EXTRA WORK AND CLAIMS

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

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

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

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

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

7. ABANDONMENT OF CONTRACT

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

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

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

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

GC-3

GENERAL CONDITIONS OF AGREEMENT

1. DEFINITIONS OF TERMS

1.01 OWNER, CONTRACTOR AND ENGINEER

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

ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the

ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR.

1.02 CONTRACT DOCUMENTS

The Contract Documents shall consist of the Notice to Bidders (Advertisement), Special Conditions (Instructions to

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

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

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

Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of the

Contract, Notice to Bidders, Technical Specifications, Construction Drawings, and General Conditions of Agreement.

1.03 SUB-CONTRACTOR

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

1.04 WRITTEN NOTICE

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

1.05 WORK

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

1.06 EXTRA WORK

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

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

1.07 WORKING DAY

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

1.08 CALENDAR DAY

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

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

Any review of work in progress, or any visit or observation during construction, or any clarification of construction drawings and specifications, by the ENGINEER, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the construction drawings and specifications so that the completed construction work will conform thereto, and shall in no way relieve the

CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, construction drawings or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from drawings and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives whether called to the CONTRACTOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said drawings and specifications.

2.08 CONTRACTOR'S UNDERSTANDING

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

CONTRACTOR also understands and agrees that any soil reports and log borings are available for CONTRACTOR’S information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. The

CONTRACTOR is expected to examine the site and such reports and then decide for himself the character of the materials to be encountered. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

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

2.09 CHARACTER OF WORKERS

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

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2.10 CONTRACTOR'S BUILDINGS

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

2.11 SANITATION

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

ENGINEER, and their use shall be strictly enforced.

2.12 SHOP DRAWINGS

The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable promptness, making desired corrections.