CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

COTTONWOOD CREEK FLOOD AND DRAINAGE

IMPROVEMENTS

CITY OF BAY CITY

MATAGORDA COUNTY, TEXAS

JUNE 2026

PROJECT ID No. R0017-0055-01

2322 W. Grand Parkway North, Suite 150 Katy, Texas 77449 - 832.913.4000

ANTHONY S. KEASLER, P.E.

145237

JUNE 2026

INTERIM REVIEW

Not intended for construction, bidding or permit purposes.

P.E. Serial No.:

Date:

Engineer:

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

FOR

CITY OF ______

PROJECT LOCATION

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JUNE 2026

PROJECT ID No. R0017-0055-01

DR-4332-0330-TX

FOR CONSTRUCTION OF

COTTONWOOD CREEK FLOOD AND DRAINAGE IMPROVEMENTS

FOR

CITY OF BAY CITY

IN

MATAGORDA COUNTY, TEXAS

JUNE 2026

Quiddity Job No. R0017-0055-01

DR-4332-0330-TX

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

10/27/

06/26/2026

FOR CONSTRUCTION OF

COTTONWOOD CREEK FLOOD AND DRAINAGE IMPROVEMENTS

FOR

CITY OF BAY CITY

IN

MATAGORDA 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

General Conditions of the Contract GC-1

Special Conditions SC-1

Federal Requirements for City of Bay City FR-1

Texas Division of Emergency Management Terms and Conditions

Standard Form of Agreement SF-1

Performance and Payment Bonds PB-1

Prevailing Wage Rates PW-1

Record of Environmental Consideration

Certificate of Interested Parties Form 1295 1295- 1

TECHNICAL SPECIFICATIONS Item No.

Clearing and Grubbing 102

Removing Old Concrete 104

Roadway Excavation 110

Embankment 132

Seeding and Erosion Control Blanket 164

Stripping 200

Subgrade 205

Lime Stabilized Subgrade 220

Concrete Pavement 360

Structural Excavation and Backfill 400

Concrete Structures 420

Structural Concrete 421

Joint Sealant for Bridges 427

Cement Stabilized Sand Bedding and Backfill Material 433

Reinforcing Steel 440

Metal for Structures 442

Structural Welding 446

Remove and Dispose of Existing Concrete or Metal Pipe 465

Reinforced Concrete Slope Paving 491

Removing Old Structures 495

Installation of Flex Beam Guardrail 516

Weighing and Measuring Equipment 520

Concrete Curb, Concrete Curb & Gutter, Sidewalks and Driveways 530

Removing and Disposing of Existing Asphaltic Surface and Base Material 540

Maintenance and Cleanup of the Project Site 560

Aluminum Signs 624

Roadside Traffic Sign Supports 646

Wide Angle Prismatic Retroreflective Sheeting for Traffic Control Signs (Diamond Grade) 649

Reflectorized Pavement Markings 660

Traffic Buttons and Pavement Markers 663

Work Zone Pavement Markings 665

Pavement Surface Preparation for Markings 669

Barricades 670

Traffic Control 671

Flagmen 672

Reinforced Filter Fabric Barrier 713

Inlet Protection Barriers 719

Stabilized Construction Access 724

General Source Controls (SWPPP) 725

Concrete Truck Washout Structures 730

Rock Filter Dams 750

SWPPP Inspection and Maintenance 751

Filter Fabric 2005

DIVISION 13 – SPECIAL CONSTRUCTION Page No.

Instrumentation and Control – General Provisions 13300-1

Programmable Logic Controller – (AB-MicroLogix) 13311-1

Control Panel Enclosures and Panel Equipment 13330-1

Instruments 13340-1

Wireless Communication System (Radio-900Mhz) 13350-1

DIVISION 16 – ELECTRICAL

General Provisions with Existing Facilities 16011-1

Electric Motors 16013-1

Electrical Demolition 16014-1

Grounding System 16060-1

Conduits, Fitting, and Bodies 16111-1

Instrumentation Cable 16121-1

Wire and Cable 600 Volt and Below and VFD Applications 16122-1

Electrical Exterior Underground 16135-1

Wiring Devices 16140-1

Disconnect Switches 16165-1

Electrical Identification 16195-1

Panelboards 16441-1

Motor Control Center 16461-1

Lighting 16500-1

A-1

INVITATION TO BID

Sealed bids in duplicate addressed to City of Bay City will be received in the office of Quiddity Engineering, LLC., 2322

W Grand Parkway North Suite 150, Katy, Texas 77449, until 10:00 a.m., Tuesday, July 14, 2026, and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of:

COTTONWOOD CREEK FLOOD AND DRAINAGE IMPROVEMENTS

The project is located in Matagorda County, Texas and within the City of Bay City. The project is located in central

Bay City near the corner of 9th Street and Street G along the diversion canal from Cottonwood Creek.

This project is under DR-4332-0330-TX and funded in part with Federal funds and is subject to all applicable Federal, state, and local laws, statutes, and regulations. By submitting a response to this solicitation, the submitting

Responder agrees to comply with all applicable Federal, state, and local laws, statutes, and regulations.

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. Bidders must register on this website in order to view and/or download specifications and plans for this project and there is no charge to view or download documents.

ATTENTION: Pursuant to Texas Government Code 2252.908, you must provide the City of Bay City (the “Client”) with a printed, executed, and notarized original of a completed Certificate of Interested Parties form (Form 1295) at the time of the Owner’s execution of the contract. Failure to do so will result in the Client’s inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the

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

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

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

There will be a pre-bid conference via teleconference call at 2:00 P.M., Tuesday, July 7, 2026. Attendance is not mandatory. Details will be posted on www.civcastusa.com.

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 calendar days from the date bids are open.

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A-2

INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work. Bids are invited on a general contract for construction of the Cottonwood Creek Flood and

Drainage Improvements for the City of Bay City.

b. The Owner. c. The Engineer.

City of Bay City Quiddity Engineering, LLC

1217 Avenue J 2322 West Grand Parkway North

Bay City, Texas 77414 Suite 150

Attention: Mr. Herb Blomquist Katy, Texas 77449

Telephone: (979) 323-1659 Attention: Mr. Shane Keasler, PE

Telephone: (832) 913-4000

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received until 10:00 A.M., Tuesday, July 14, 2026, in the offices of Quiddity

Engineering, LLC, 2322 W Grand Parkway North, Suite 150, Katy, Texas 77449. Bids received after this time will not be opened and will be delivered to the Owner for its consideration.

b. There will be a pre-bid conference via teleconference at 2:00 P.M., Tuesday, July 7, 2026. Attendance is not mandatory.

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

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

e. The Contractor shall include a contract duration time on the Bid Form to be considered.

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.

4.0 SEPARATED CONTRACT PROVISIONS

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

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

5.0 EXAMINATION

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

A-3

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 completed within the contract time in the contractor’s bid stated in calendar days from the date of the Notice to Proceed. Final Completion shall be within 30 calendar days from 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 on www.civcast.com. Questions will not be considered after 10:00 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 10:00 A.M., Tuesday, July 14, 2026, Bid for Cottonwood Creek Flood and Drainage Improvements

Owner: City of Bay City

Bidder:

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

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

A-4

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 the City of Bay City (the "Client") 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, “City of Bay City”.

g. Contractor to enter “R0017-0055-01” into the TEC Box 3.

9.0 BID SECURITY

a. Each bid must be accompanied by 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

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 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.

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, supplementary items, and time of completion.

A-5

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.

END OF SECTION

A - 6

BID FORM

Bidding Firm:

Address:

City, State, Zip:

Date:

Telephone:

Owner: City of Bay City

Address: 1217 Avenue J

Bay City, Texas 77414

Attention: Mr. Herb Blomquist

Telephone: (979) 323-1659

Bid Location: Quiddity Engineering, LLC

2322 W Grand Parkway North, Suite 150

Katy, Texas 77449

Attention: Mr. Shane Keasler, PE

Telephone: (832) 913-4000

BID FOR CONSTRUCTION OF

COTTONWOOD CREEK FLOOD AND DRAINAGE IMPROVEMENTS

Ladies and Gentlemen:

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 for the subject project and addenda listed as follows:

1. Specifications and Contract Documents dated June 2026.

2. Drawings including 18 sheets dated June 2026.

3. Addenda as acknowledged below:

No. Date No. Date

A - 7

In submitting this bid, I agree:

(1) To hold my bid open until 90 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 contract award.

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

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

The following items shall include all of the labor, equipment and materials necessary for completion of the project 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, insurance, and all necessary permits for construction. Move-in and start up, complete as specified.

L.S. 1 $ $

Per Lump Sum

2. Installation and modifications to the existing mechanical trash rack assembly including inlet grating structure; anchorage; patching holes; clean up, all appurtenances and miscellaneous equipment;

hydromulch seeding of all disturbed areas, and all else specified and shown on the contract drawing but not addressed in separate bid items required, for a complete and operational system as specified and as shown in the Drawings.

A - 8

3. At the inlet of drainage channel, construct one (1) 10kW diesel stand-by generator with 24 hour subbase fuel tank, weatherproof and sound attenuation enclosure; generator slab & insulation; (1) Automatic

Transfer Switch (ATS); install local signal control panel, service equipment, transducers, terminal boxes, solar panels, grounding system, antenna pole; construct 100 LF of wooden fence, manual swing access gate around the electrical equipment; modifications to existing electrical and controls; and all else specified and shown on the contract drawing but not addressed in separate bid items required, complete as specified and as shown in the Drawings.

4. At the outfall of drainage channel, install local signal control panel, transducers, terminal boxes, solar panels, grounding system, antenna pole; construct 65 LF of wooden fence, manual swing access gate around the electrical equipment; modifications to existing electrical and controls; and all else specified and shown on the contract drawing but not addressed in separate bid items required, complete as specified and as shown in the Drawings.

5. At the Wastewater Treatment Plant, install PLC panel, antenna at the existing tower, provide PLC programming; modifications to existing electrical and controls; and all else specified and shown on the contract drawing but not addressed in separate bid items required, complete as specified and as shown in the Drawings.

No.

Description of Item With Unit Bid Price In

Written Words Unit

Approx.

Quantity Unit Amount

A - 9

No.

Description of Item With Unit Bid Price In

Written Words Unit

Approx.

Quantity Unit Amount

6. Storm Water Pollution Prevention Plan (SWPPP) implementation for work including installation, maintenance, inspections, and reporting for all pollution prevention measures as required for best management practices in conjunction with construction of the proposed work, complete as specified.

7. Allowance to provide for resolution of unforeseen existing conditions during construction, as directed by the engineer.

@ Thirty Four Thousand Dollars and Zero Cents L.S. 1 $ 34,000.00 $ 34,000.00

8. Allowance for Utility Company’s charge to install new service drop and demolish the existing service drop after power switchover is complete. Payment to the contractor will be based on the actual invoice from

CenterPoint as approved by the Engineer.

@ Twenty Thousand Dollars and Zero Cents L.S. 1 $ 20,000.00 $ 20,000.00

TOTAL BASE BID $

TOTAL CONTRACT BID TIME

(calendar days)

A - 10

MAJOR EQUIPMENT MANUFACTURERS

Base/Alternate Bid. Only the acceptable manufacturers listed shall be used in determining the BASE BID. The

Contractor must include the name of a manufacturer from this list for each item in the tabulation or circle the manufacturer. 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 cost of any modifications required to use the substituted equipment shall be included in the equipment cost on the page A - 10.

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 construction changes that may be required.

LIST OF ACCEPTABLE BASE/ALTERNATE BID EQUIPMENT MANUFACTURERS

EQUIPMENT ITEM MANUFACTURER

CONTROLS ACE Controls

Texas Industrial Control Manufacturing

Control Panels USA

Mercer Controls

Weimar Manufacturing

DIESEL GENERATOR Cummins-Onan

MTU Onsite

Rehlko

Taylor Power Systems

Caterpillar

A - 11

LIST OF BASE/ALTERNATE BID EQUIPMENT MANUFACTURERS AND SUBSTITUTIONS

Base Bid Substitutions

Add (Deduct)

Equipment Item Manufacturer Manufacturer from Base Bid

CONTROLS

GENERATOR

LIST OF ALL SUBCONTRACTORS

MECHANICAL

ELECTRICAL

A - 12

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, SUPPLEMENTAL BIDS, 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.

5. This project is funded in part with Federal funds and is subject to all applicable Federal, state, and local laws, statutes, and regulations. By submitting a response to this solicitation, the submitting Responder agrees to comply with all applicable Federal, state, and local laws, statutes, and regulations.

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 bid bond in the amount of five percent (5%) 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:

END OF SECTION

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. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the construction drawings and specifications and within the contract time.

Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished…