EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT

MONTGOMERY COUNTY, TEXAS

PROJECT MANUAL

for

FM 1485 PARK, PHASE 1

EMCID Landscape Architect

Burditt Land Place 310 Longmire Road

Conroe, Texas 77304

(936) 756-3041

August 2026 Project No. 1614

TABLE OF CONTENTS

EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT

Title Page Number

Notice to Bidders 00020 01 - 00020 01

Instruction to Bidders 00100 01 - 00100 04

Prohibition on Boycotting Israel & Contracts 1 – 2

Proposal 00300 01 – 00300 02

Bidding Document 1 – 1

Contract Agreement 00500 01 - 00500 02

Performance Bond 00611 01 - 00611 02

Payment Bond 00631 01 - 00631 03

Maintenance Bond 00640 01 - 00640 02

Standard General Conditions 00700 01 - 00700 43

Supplementary Conditions 00800 01 - 00800 17

Partial / Final Waiver of Lien 00800 18

Affidavit of Bills Paid 00800 19

Prevailing Wage Rate Scale for Construction Projects 1 – 35

TECHNICAL SPECIFICATIONS No. of Pages

RS 001 Reference to City of Houston Specifications 1

Note: Bold specification sections are included in the “City of Houston Standard Specifications for Wastewater Collection Systems, Water Lines Storm Drainage, and Street Paving” dated July 2023 and are incorporated herein by reference as if copied verbatim including any supplementary specification or amendments thereto and related specifications referenced therein unless indicated otherwise in the Drawings or Specifications.

EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT INVITATION TO BIDDERS

INVITATION TO BIDDERS

Sealed Electronic Bids, addressed to East Montgomery County Improvement District, Attention Brenda Webb, Chair, Board of Directors, will be received electronically, until 2:00 p.m. Local Time, Tuesday, September 8, 2026, and then publicly opened and read for FM 1485 PARK PHASE 1, for East Montgomery County Improvement District, Montgomery County, Texas. Bids received after the closing time will be returned unopened.

The bids will only be received electronically through Civcast. The electronic bids will be publicly opened and read via video-conference. Physical bids will not be accepted.

Please join meeting from your computer, tablet or smartphone.

Meeting ID: 778 867 2402 Passcode: 4hYiWf https://us05web.zoom.us/j/7788672402?pwd=MTVhQk9LZWNhY3ZldHpVcU94WTEzQT09

Scope of Work of the Contract includes, but not limited to, construction and installation of fencing, dog park with a shade structure, seating, dog pools, restrooms, grass areas, parking, sidewalks, security gates, driveway, planting, irrigation and related improvements.

A NON-MANDATORY pre-bid conference will be held on Tuesday, September 1, 2026 at 2:00 p.m.

Local Time, at The Atrium, Conference Room No. 102, located at 21575 US-59, New Caney, Texas 77357.

Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than 5 percent (5%) of the total amount bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided and provide the required insurance certificates within seven (7) days after the date Contract Documents are received by the Contractor.

Copies of the bidding documents may be obtained from www.Civcast.com. Bidders must register on this website in order to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except time of submitting a Bid. The Successful Bidder, if any, will be the responsible Bidder which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

00100 1

***INSTRUCTION TO BIDDERS***

East Montgomery County Improvement District

1. BID PREPARATION AND SUBMITTAL OF ELECTRONIC BIDS

All bids shall be submitted electronically through the facilities of CivCast at www.Civcast.com with the forms provided for that purpose. BIDDERS can view and/or download bidding documents, specifications, plans, soils reports, and environmental reports, etc. for this project by going to www.Civcast.com and registering. Subscription to CivCast is required to submit electronic bids.

There is no charge to register, view and/or to download bid packet.

By submitting an electronic bid, the bidder agrees and represents that it has the authority to submit such bid and that such bid constitutes a valid bid submitted in accordance with the Contract documents without further signature or action by the bidder. All electronic bids are deemed to incorporate the provision of the Contract Documents. Electronic bids must be submitted via CivCast before the closing time indicated on the Invitation to Bidders. Bid Bonds may be submitted electronically through the facilities of CivCast in satisfaction of the Bid Security requirements described herein; however, certified or cashier’s checks in satisfaction of the Bid Security requirements must be enclosed in a sealed envelope, plainly identified on the outside with the contents, the bidder’s name, and the job name and number and addressed and delivered as prescribed in the Invitation to Bidders for sealed bids.

Bidder must electronically acknowledge all ADDENDUMS through the facilities of CivCast at www.Civcast.com This is a mandatory requirement in order to submit the bid electronically.

All proposals must be duly executed. Proposals containing qualifications and/or riders which modify the bid will be rejected as irregular.

2. TEXAS ETHICS COMMISSION FORM 1295

Pursuant to Texas Government Code § 2252.908, your company must be able to provide East Montgomery County Municipal Utility Distrct No. 3 (the "District") with a printed and signed copy of a completed disclosure of interested parties form (Form 1295) along with the related Certification of Filing at the time of the District's execution of the contract. Failure to complete the Form 1295 and present the Form and related Certification to the District will result in the District's inability to execute the contract. To complete and submit Form 1295 and generate the Certification of Filing, please visit the Texas Ethics Commission's website at www.ethics.state.tx.us

**PLEASE NOTE: FORM 1295 MUST BE INCLUDED WITH THE BID PROPOSAL

ELECTRONICALLY SUBMITTED AT THE BID OPENING ON TUESDAY, SEPTEMBER 8, 2026 AT

2:00 P.M.

The information below is required when completing Section 2 and Section 3 on FORM 1295:

Section 2: East Montgomery County Improvement District Section 3: 000-539 – FM 1485 PARK, PHASE 1

00100 2

3. BIDDERS QUALIFICATIONS

The “CONTRACTORS QUALIFICATION STATEMENT” will be included in the bidding documents and will be required to be electronically submitted with the bid proposal. Under no circumstances will any "Financial and Experience Statement" be read publicly and any information contained therein will be kept in confidence. The OWNER shall have the right to investigate the BIDDER to determine the ability of the said BIDDER to perform the work and the BIDDER shall be required to furnish the OWNER with such information. If, in the opinion of the OWNER, the investigation reveals adverse information or conditions, then it shall be the right of the OWNER to reject the bid. In determining the lowest responsible BIDDER, the following elements shall be considered:

Whether the BIDDER involved:

a. maintains a permanent place of business;

b. has properly sized and adequate quantities of equipment to do the work properly and expeditiously;

c. has suitable financial status to meet obligations incidental to the work;

d. has appropriate technical experience; and

e. has a satisfactory past performance record.

4. INTERPRETATION OF SPECIFICATIONS AND CONTRACT DOCUMENTS

Should any BIDDER be in doubt as to the true meaning of any part of the specifications, drawings, or other proposed contract documents, BIDDERS desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request online to the www.Civcast.com for such information to Engineer no less than 48 hours before the Bid opening.

Answers to these requests will be given, in writing, to all bidders as addenda to the Contract. The ENGINEER will not be responsible of any other explanation or interpretation of the proposed documents. Addenda to the Specifications and revised drawings issued to BIDDERS prior to receipt of the bids shall be considered a part of the contract documents. It is the responsibility of the BIDDER to insure that all Addenda are included in the bid.

5. BID DELIVERY

The BID, BID SECURITY, and TEXAS ETHICS COMMISSION FORM 1295, must actually be received ELECTRONICALLY on www.Civcast.com to be considered. Bids received prior to the time of opening will be securely kept, and unopened. The Officer whose duty it is to open them will decide when the specified time has arrived for opening the bids. No bids received thereafter will be considered.

6. MODIFICATION & WITHDRAWAL OF BIDS

Bids may be withdrawn through the facilities of CivCast at www.Civcast.com by the BIDDER prior to the bid opening date and time. If a bid has been submitted and addenda’s are issued, the BIDDER will be notified by Civcast based on the contact information provided during registration. The BIDDER will be required to review and acknowledge the Addenda and resubmit the bid. Addenda’s to Contract documents will not be issued 24 hours prior to bid opening date and time. Negligence on the part of the BIDDER in preparing the bid does not provide cause for allowing the bid to be withdrawn after the bid has been opened.

7. CONDITION OF THE SITE AND THE WORK

BIDDERS are cautioned to carefully examine the site, the plans, the specifications, and all other documents relating to the work so as to fully inform themselves of all conditions and matters which may effect the work or the cost of the work. If a BIDDER finds discrepancies in or omissions as to

00100 3 the meaning or intent of the material contained therein, the BIDDER will be obligated to submit a written request online to www.Civcast.com to the ENGINEER no less than 48 hours before the Bid opening. The submission of a bid shall be conclusive evidence that the BIDDER is fully acquainted and satisfied as to the character, quality and quantity of work to be performed and materials to be furnished.

8. LAWS AND REGULATIONS

The attention of all BIDDERS is directed to the Federal, State and local laws and regulations, in reference to labor, materials, equipment, Contract Documents, proposals or bids, bond, and all other matters pertaining to the relationship between the OWNER, CONTRACTOR, AND ENGINEER.

9. UNBALANCED BIDS

Any bid which, in the opinion of the ENGINEER, is unbalanced and in which the total amount of the bid is not properly allocated and distributed to the respective items of work in the Proposal may be rejected by the OWNER.

10. AWARD OF CONTRACT

The notice of award (Base Bid) on contract shall be given by the OWNER within Ninety (90) days following the date of the opening of bids. The award will be made so that the responsible BIDDER whose bid, in the opinion of the OWNER, is in the best interest, price and other factors considered, and is most advantageous to the OWNER.

The right is reserved, as the interest of the OWNER may require, to reject any and all bids, and to waive any informality in bids received.

11. CONTRACT

The general contract for the construction of the proposed facilities will be entered into by and payment made by the OWNER as shown on the "Proposal."

The Standard Form of Agreement between OWNER and CONTRACTOR as adopted by the Texas Section of the American Society of Civil Engineers is included in the Contract Documents. The CONTRACTOR herewith informed that partial payments shall be permitted.

12. WORKERS’ COMPENSATION INSURANCE COVERAGE

All persons providing services on the project shall provide a certificate of insurance, a certificate of authority to self-insure issued by T.W.C.C., or a coverage agreement. The certificate shall show statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on the project, for the duration of the project.

13. ENDORSEMENTS ON INSURANCE POLICIES

All insurance policies for Public Liability and Property Damage Insurance are to carry an endorsement insuring and protecting the OWNER and the ENGINEER from any liability for damages on account of the work performed by the CONTRACTOR covered by such insurance. The policies shall also state that the Owner will be notified 30 days prior to the policy's cancellation. This endorsement shall be in a form to meet the approval of legal counsel for the OWNER and the ENGINEER. This endorsement shall be approved and executed before the contract is signed.

Prohibition on Boycotting Israel Verification & Contracts with certain Companies

To the extent, and without representation or acknowledgment by EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT [the District] that this [Agreement/Contract] is a contract for goods or services within the meaning of Section 2270.002 of the Texas Government Code, as amended, and solely for the purposes of Chapter 2270 of the Texas Government Code, __________________ [contractor] represents and verifies that it:

1. Does not, at the time of execution of this Agreement, Boycott Israel; and

2. Will not Boycott Israel during the term of this Agreement.

“Boycott Israel” has the meaning given to it in Chapter 808 of Subtitle A., Title 8 of the Texas Government Code.

In addition, by executing this [Agreement/Contract], __________________ [contractor] also represents and certifies that, to the extent this [Agreement/Contract] is a government contract within the meaning of Section

2252.151 of the Texas Government Code, as amended, and solely for the purposes of Chapter 2252 of the Texas

Government Code, at the time of execution of this Agreement and, except to the extent otherwise required by applicable federal law, through the termination date of this [Agreement/Contract], neither __________________

[contractor] or any wholly or majority owned subsidiary, parent company or affiliate (1) engages in business with

Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government

Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (2) is a company listed by the Texas

Comptroller of Public Accounts under Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term “foreign terrorist organization” in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.

__________________ [contractor] hereby acknowledges and agrees that the verifications set forth herein are material terms of the [Agreement/Contract] and EAST MONTGOMERY COUNTY IMPROVEMENT

DISTRICT [the District] is expressly relying on the verifications in agreeing to enter into the

[Agreement/Contract] with __________________ [contractor].

[Signatures on Following Page]

Prohibition on Boycotting Israel Verification & Contracts with certain Companies

CONTRACTOR

State of Texas County of _______________________

Before me, a notary public, on this day personally appeared _____________________________, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements are true and correct.

(SEAL) ____________________________

Notary Public’s Signature

Receipt and incorporation into the above referenced contract hereby agreed to and acknowledged by:

Owner

__________________ hereby represents and verifies that it (i) does not boycott Israel and will not boycott Israel during the term of this Agreement, (ii) is not engaged in business with Iran, Sudan, or a foreign terrorist organization and, as of the ____________, ______, 202____, is not identified on a list of scrutinized companies prepared and maintained under Texas Government Code Section 2270.0201 or 2252.153, in connection with the prohibition against governmental contracts with companies engaged in business with Iran, Sudan, or a foreign terrorist organization, (iii) does not boycott an energy company and will not boycott an energy company during the term of this Agreement and, as of the ____________, ______, 202___, is not identified on a list of companies that boycott energy companies prepared and maintained under Texas Government Code Section 809.051, and (iv) does not discriminate against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. For purposes of this Agreement, “boycott Israel” has the meaning assigned by Texas Government Code Section 808.001, “foreign terrorist organization” has the meaning assigned by Texas Government Code Section 2252.151, “boycott energy company” has the meaning assigned by Texas Government Code Section 809.001, and “discriminate against a firearm entity or firearm trade association” has the meaning assigned by Texas Government Code Section 2274.001.

*** PROPOSAL ***

For furnishing of all labor, equipment, and materials necessary for construction of:

c/o J.A. Costanza & Associates Engineering, Inc.

4301 Center Street Deer Park, Texas 77536

Ladies and Gentlemen:

We, the undersigned, as BIDDER, propose to construct the above described improvements and appurtenances for the unit prices on the attached sheets bearing our signature for identification.

As BIDDER we also declare that we have carefully examined the proposal, the construction plans, and the specifications; and are familiar with the site and agree to furnish all necessary supervision, labor, tools, equipment, machinery, and other items incidental to construction; and will perform all the work and furnish all the materials required by the Contract and Specifications according to the requirements of the ENGINEER as herein set forth.

It is understood and agreed that an item with a lump sum price bid shall not apply for additions to or deletions from the work as directed by the ENGINEER. It is agreed that a lump sum amount may be increased to cover additional work ordered by the OWNER, but not shown on the Drawings or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, it may be decreased to cover deletion of work so ordered.

If awarded the contract, we the undersigned will furnish Certificates of Insurance and agree to execute and deliver a contract to the OWNER within ten (10) days after the award of said contract; and will commence work on the project not more than ten (10) working days after the notice to proceed; and will faithfully and diligently thereafter pursue the work to completion and acceptance within the time indicated in this proposal for consecutive calendar days.

It is further agreed that both this proposal and the contract documents, as defined in the General Conditions, shall form the contract between the CONTRACTOR and the OWNER. Copies of these forms are available for review and may be viewed and/or downloaded throught the facilities of CivCast at www.Civcast.com

00300 01

Prior to the execution of this Contract Proposal, we the undersigned BIDDER do hereby certify that the bid is genuine and not made in the interest of other firms, cooperative or in behalf of any undisclosed persons or interest other than us, the sole BIDDER submitting this bid by signatures. We, the BIDDER also certify that we are not solicited or being induced by any other firms to submit false or sham bid for obtaining advantage over any other BIDDER that is submitting a bid on this project.

We, the undersigned, will construct and substantially complete this contract within ______ consecutive calendar days from and including the date work is to commence as specified in the work order.

This proposal shall be considered part of the contract. All attached bid calculations must be completed and a part of this proposal.

BIDDER:

BY(Print Name):

SIGNATURE: _____________________________________

ADDRESS:

CITY, STATE, ZIP

TELEPHONE:

EMAIL: __________________________________________

DATE:

ATTEST:

(SEAL)

Secretary of the Corporation

00300 02

00400 1

REFERENCE TO SPECIFICATIONS USED

ON THIS PROJECT

It is the intent of the LANDSCAPE ARCHITECT that certain specifications as listed below are a part of this contract and construction of the project will conform to these specifications where applicable. Whenever the term " LANDSCAPE ARCHITECT " is used therein it is intended to refer to:

Burditt Land Place 301 Longmire Road Conroe, Texas 77304 and where the terms "City of Houston”, are used, it is intended to refer to OWNER, East Montgomery County Improvement District.

SPECIFICATIONS:

1. City of Houston, Texas, Department of Public Works & Engineering, “INFRASTRUCTURE DESIGN MANUAL”, July 2011 or latest revision.

2. City of Houston, Texas, Department of Public Works & Landscape Architecting, “STANDARD CONSTRUCTION SPECIFICATIONS” and “STANDARD DETAILS”, 2010 or latest revisions.

3. TEXAS COMMISSION on ENVIRONMENTAL QUALITY, Rules and Regulations for Public Water Systems, (latest revisions).

4. TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Latest Edition.

5. TEXAS DEPARTMENT OF TRANSPORTATION, OPERATIONS &

PROCEDURES MANUAL, Latest Edition.

6. “POLICY CRITERIA, AND PROCEDURE MANUAL FOR APPROVAL AND

ACCEPTANCE OF INFRASTRUCTURE” HARRIS COUNTY FLOOD CONTROL

DISTRICT, October 2004.

7. City of Houston, Texas Department of Public Works & Landscape Architecting, Wastewater Landscape Architecting “LIST OF APPROVED PRODUCTS”.

8. TEXAS DEPARTMENT OF TRANSPORTATION, STANDARD

SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF

HIGHWAYS, STREETS, AND BRIDGES, Latest Edition.

CONTRACT AGREEMENT

STATE OF TEXAS

COUNTY OF MONTGOMERY

THIS AGREEMENT, made and entered into this ____ day of _____________, 202__, by and between East Montgomery County Improvement District, Party of the First Part, hereinafter termed OWNER and __________________, __________________, of the City of __________________, County of __________________, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR.

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

and all extra work in connection therewith, under the terms as stated in the GENERAL CONDITIONS OF THE AGREEMENT and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Supplementary Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by J.A. Costanza & Associates Engineering, Inc., 4301 Center Street, Deer Park, Texas 77536, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Maintenance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within ten (10) calander days after the dated written notice to do so has been given to him, and to substantially complete the same within ________ consecutive calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Supplementary Conditions.

The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Supplementary Conditions of the contract.

00500 01

Owner

By

Title

Signature

SWORN TO AND SUBSCRIBED BEFORE ME, on this the ___ day of _____________, 202____, to certify which witness my hand and seal of office.

NOTARY PUBLIC in and for the State of Texas

My Commission Expires:

CONTRACTOR

By

Title

Signature

SWORN TO AND SUBSCRIBED BEFORE ME, on this the ___ day of _____________, 20_____, to certify which witness my hand and seal of office.

NOTARY PUBLIC in and for the State of Texas

My Commission Expires:

00500 02

00611 01

Bond No. _________

PERFORMANCE BOND

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF MONTGOMERY §

THAT __________________, __________________, of the City of __________________, County of __________________, and State of Texas, as PRINCIPAL, and _____________________________ are authorized under the Laws of the State of Texas to act as SURETY on bonds for PRINCIPALS, as SURETY, are held and firmly bound unto East Montgomery County Improvement District as OWNER, in the penal sum of __________________ ($__________________) for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of ____________________, 202 , for construction of:

which contract is hereby referred to and make a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect;

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

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or the work to be performed thereunder, or the plans, specifications or drawings accompanying same.

00611 02

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the ________ day of _______________________, 202___.

CONTRACTOR ___________________________________

Principal Surety

By: _____________________________ By: ________________________________

Title: ____________________________ Title: _______________________________

Address: Address: ___________________________

(SEAL) (SEAL)

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

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

00631 01

Bond No. _________

PAYMENT BOND

THAT __________________, __________________, of the City of __________________, County of __________________, and State of Texas, as PRINCIPAL, and _____________________________ are authorized under the Laws of the State of Texas to act as SURETY on bonds for PRINCIPALS, as SURETY, are held and firmly bound unto East Montgomery County Improvement District as OWNER, in the penal sum of __________________ ($__________________) for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to it or to a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;

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

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or the work to be performed thereunder, or the plans, specifications or drawings accompanying same.

00631 02 instrument the ________ day of _______________________, 202__.

CONTRACTOR __________________________________

By: _____________________________ By: _______________________________

Title:____________________________ Title: ______________________________

Address: Address: __________________________

Bond No. ________________

MAINTENANCE BOND

THAT __________________, __________________, of the City of __________________, County of __________________, and State of Texas, as PRINCIPAL, and _____________________________ are authorized under the Laws of the State of Texas to act as SURETY on bonds for PRINCIPALS, as SURETY, are held and firmly bound unto East Montgomery County Improvement District as OWNER, in the penal sum of __________________ ($__________________) for the payment whereof, the said PRINCIPAL and SURETY bind themselves, and their officers, directors, shareholders, partners, successors and assigns, jointly and severally, pursuant to the following:

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said PRINCIPAL shall perform regular maintenance and shall repair, replace and restore any and all defects for work provided in said Contract for a period of one (1) year from the date of acceptance of said work from defects in materials furnished by, or workmanship of the contractor or subcontractor performing the work covered by said contract, then this obligation shall be void; otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472D for Private Work) of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

00640 01 instrument the ________ day of _______________________, 2025.

CONTRACTOR ________________________________

By: _________________________ By:______________________________

Title:________________________ Title:_____________________________

Address: Address:__________________________

00640 02

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law.

STANDARD

GENERAL CONDITIONS

OF THE

CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN CONSULTING ENGINEERS COUNCIL

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Construction Specifications Institute

EJCDC No. 1910-8 (1996 Edition)

00700 - 2

Copyright ©1996

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314

American Consulting Engineers Council

1015 15th Street N.W., Washington, DC 20005

American Society of Civil Engineers 345 East 47th Street, New York, NY 10017

00700 - 3

TABLE OF CONTENTS

Page

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 - PRELIMINARY MATTERS

2.01 Delivery of Bonds

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference

2.07 Initial Acceptance of Schedules

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE

POINTS

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 CONTRACTOR’S Liability Insurance

5.05 OWNER’S Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Progress Schedule

6.06 Concerning Subcontractors, Suppliers, and Others

00700 - 4

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 CONTRACTOR’S General Warranty and Guarantee

6.20 Indemnification

ARTICLE 7 - OTHER WORK

7.01 Related Work at Site

7.02 Coordination

ARTICLE 8 - OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

8.02 Replacement of ENGINEER

8.03 Furnish Data

8.04 Pay Promptly When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on OWNER’S Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION

9.01 OWNER’S Representative

9.02 Visits to Site

9.03 Project Representative

9.04 Clarifications and Interpretations

9.05 Authorized Variations in Work

9.06 Rejecting Defective Work

9.07 Shop Drawings, Change Orders and Payments

9.08 Determinations for Unit Prices

9.09 Decisions on Requirements of Contract Documents and Acceptability of Work

9.10 Limitations on ENGINEER’S Authority and Responsibilities

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims and Disputes

ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

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11.02 Cash Allowances

11.03 Unit Price Work

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays Beyond CONTRACTOR’S Control

12.04 Delays Within CONTRACTOR’S Control

12.05 Delays beyond OWNER'S and CONTRACTOR’S Control

12.06 Delay Damages

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE

WORK

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 OWNER May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 OWNER May Correct Defective Work

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

14.02 Progress Payments

14.03 CONTRACTOR’S Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delays

14.09 Waiver of Claims

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 OWNER May Suspend Work

15.02 OWNER May Terminate for Cause

15.03 OWNER May Terminate For Convenience

15.04 CONTRACTOR May Stop Work or Terminate

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Methods and Procedures

ARTICLE 17 - MISCELLANEOUS

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

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GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof.

1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents.

2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work.

3. Application for Payment--The form acceptable to

ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract

4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

7. Bidding Requirements--The Advertisement or

Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements.

8. Bonds--Performance and payment bonds and other instruments of security.

9. Change Order--A document recommended by

ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the

Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Docu-ments), CONTRACTOR’S Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER’S written interpreta-tions and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents.

13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work).

14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion;

and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER’S written recommendation of final payment.

15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement.

16. Cost of the Work--See paragraph 11.01.A for definition.

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17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined.

18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

19. ENGINEER--The individual or entity named as such in the Agreement.

20. ENGINEER’S Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER’S independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.

21. Field Order--A written order issued by ENGI-

NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.

23. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

25. Laws and Regulations; Laws or Regulations--

Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement.

29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents.

30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed.

31. Partial Utilization--Use by OWNER of a substan-tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

32. PCBs--Polychlorinated biphenyls.

33. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

34. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents.

35. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the Site or any part thereof.

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38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work.

40. Site--Lands or areas indicated in the Contract

Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of

CONTRACTOR.

41. Specifications--That part of the Contract

Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site.

43. Substantial Completion--The time at which the

Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

44. Supplementary Conditions--That part of the

Contract Documents which amends or supplements these General Conditions.

45. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.

46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

47. Unit Price Work--Work to be paid for on the basis of unit prices.

48. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.

1.02 Terminology

A. Intent of Certain Terms or Adjectives

1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance…