HARRIS COUNTY

MUNICIPAL UTILITY DISTRICT NO. 610

MASS GRADING & DETENTION

PHASE II FACILITIES

BRIGHTON TRACT

KB HOME LONE STAR, INC.

Texas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 2322 W Grand Pkwy N, Suite 150 Katy, Texas 77449 832.913.4000

BRIGHTON TRACT

MASS GRADING &

DETENTION PHASE II

FACILITIES

HCMUD

NO. 610

FOR BIDDING

PURPOSES ONLY

7/24/26

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

MASS GRADING & DETENTION PHASE II FACILITIES

IN

BRIGHTON TRACT

FOR

KB HOME LONE STAR, INC.

ON BEHALF OF

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 610

HARRIS COUNTY, TEXAS

August 2026

QE Project # 05203-0229-01

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

MASS GRADING & DETENTION PHASE II FACILITIES

IN

BRIGHTON TRACT

FOR

KB HOME LONE STAR, INC.

ON BEHALF OF

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 610

HARRIS COUNTY, TEXAS

TABLE OF CONTENTS

BIDDING REQUIREMENTS Page No.

Invitation to Bid A-1

Instruction to Bidders A-2

Bid Form A-6

CONDITIONS OF THE CONTRACT

General Conditions of the Contract GC-1

Special Conditions of the Contract SC-1

Prevailing Wage Rates 00820-1

Standard Form of Agreement SF-1

Performance and Payment Bonds PB-1

Maintenance Bond MB-1

Prohibition of Boycotting Israel PBI-1

Prohibition of Foreign Terrorist Organizations T-1

Storm Water Pollution Prevention Plan SWPP-1

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work 01010-1

Cutting and Patching 01070-1

Submittals 01300-1

Shop Drawings, Products Data and Samples 01340-1

Schedule of Values 01370-1

Testing Laboratory Services 01411-1

Field Project Representatives Services 01420-1

Construction Staking 01430-1

Temporary Facilities and Controls 01500-1

Cleaning and Adjusting 01710-1

Project Record Documents 01720-1

DIVISION 2 - SITE WORK AND WORK INSIDE PUBLIC RIGHT-OF-WAY

Embankment 02102-1

Excavation, Trenching, and Backfilling for Utilities 02220-1

Cement-Sand Backfill 02221-1

Channel Excavation 02225-1

Trench Safety System 02226-1

Waste Material Disposal 02227-1

Rip Rap 02228-1

Storm Sewers 02500-1

Concrete Drainage Structures 02513-1

Manholes 02514-1

Concrete Construction for Structures 02515-1

Dewatering and Drainage of Excavation 02530-1

Well Point System 02600-1

Control of Erosion and Erosion Control 02630-1

Concrete Slope Paving 02650-1

Hydro-Mulch Seeding 02800-1

Seeding 02805-1

A-1

INVITATION TO BID

Sealed bids in duplicate addressed to KB Home Lone Star, Inc on behalf of Harris County Municipal District No. 610 will be received electronically, until 11:00 a.m. Local Time, Friday, August 7th, 2026, and then publicly opened and read for the construction of “Brighton Tract Mass Grading and Detention Phase II for KB Home Lone Star, Inc on behalf of Harris County Municipal Utility District No. 610, Harris County, Texas”. You may view the public opening of sealed Bids via Microsoft Teams. To join via Microsoft Teams below is information to attend the bid opening by teleconference.

Bid Opening / Brighton Tract Mass Grading and Detention Phase II/ 05203-0299-01

Friday, August 7th, 2026 11:00 AM - 11:30 AM (CDT)

Call Number: +1 832-856-3756

Phone Conference ID: 741 483 547#

Scope of Work of the Contract includes the following:

The project is located in Harris County, Texas. The site is located on Botkins Road, east of Roberts Road and west of

Becker Road. Key Map 285-W. The project includes mass grading and detention facilities.

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 two percent (2%) 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. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within twenty-four (24) hours of receipt of the bid opening.

Plans, specifications, and bidding documents are available at www.civcastusa.com.

Bids received after the closing time will not be considered. An OPTIONAL pre-bid conference will be held on Friday, July 31st, 2026, at 10:00 a.m. Central Standard Time, via teleconference. Below is the contact information to attend the pre-bid by teleconference.

Pre-Bid Brighton Tract Mass Grading and Detention Phase II / 05203-0299-01

Friday, July 31st, 2025 10:00 AM – 10:30 AM (CDT)

Call Number: +1 (832) 856-3756

Phone Conference ID: 967 423 291#

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.

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.

- - o 0 o - -

A-2

INSTRUCTION TO BIDDERS

1.0 INVITATION

a. The Work: The work consists of providing the necessary labor, materials, equipment, supervision, and plan to construct Mass Grading and Detention Phase II Facilities in Brighton Tract.

b. The Owner.

KB Home Lone Star, Inc.

On behalf of Harris County Municipal Utility District 610

11314 Richmond Avenue

Houston, Texas 77082

Attention: Ms. Johanna Strong

Telephone: (832) 878-9572

c. The Engineer.

Quiddity Engineering, LLC

2322 W Grand Parkway North Suite 150

Katy, Texas 77449

Attention: Ms. Tasha M. Fuller, PE

Telephone: (832) 913-4000

2.0 RECEIPT OF BIDS

a. Sealed bids, in duplicate, will be received until 11:00 a.m., Friday, August 7th, 2026 electronically.

b. Bids received after this time will not be opened and will be delivered to the Owner for its consideration.

c. There will be an OPTIONAL pre-bid conference Friday, July 31st, 2026 at 10:00 a.m. Central Standard Time, via teleconference. The number for this call is: 1-832-856-3756. Enter access code 967 423 291# when prompted. Attendance by each prospective bidder or its representative at the pre-bid conference is

OPTIONAL.

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

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

3.0 BIDDING DOCUMENTS

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

b. Bidders may purchase 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.

A-3

b. Contractor is responsible for obtaining all permits required by the work at no additional cost to the Owner, except as may specifically be exempted in the Special Conditions. Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done.

5.0 EXAMINATION

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

b. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site.

c. Adjusting payments will not be authorized for work that could have been foreseen by a careful examination of the site.

d. Submission of a bid constitutes acceptance by the bidder of existing site conditions as a part of the requirements of this work.

6.0 COMPLETION TIME

a. The work shall be substantially completed within 90 calendar days from date of Notice to Proceed.

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 via Civcast.

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. Sealed bids in duplicate addressed to KB Home Lone Star, Inc., on behalf of Harris County Municipal Utility

District No. 610 will be received electronically until 11:00 a.m., Friday , August 7th, 2026 and then publicly opened and read for furnishing all plant, labor, material and equipment and performing all work required for the construction of: Mass Grading and Detention Phase II Facilities of Brighton Tract.

The bids will be received electronically bid through CivcastUSA. The electronic bids will be publicly opened and read via teleconference call.

Bid will be publicly read aloud at the time the bids are due via teleconference call. The number for this call is: 1-832-856-3756, Enter access code 741 483 547# when prompted.

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

A-4

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

d. Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation, the bid must be signed with the legal name of the corporation followed by the name of the State of Incorporation and the legal signature of a person authorized to bind the corporation to a contract.

9.0 BID SECURITY

a. For construction contracts over $250,000, the bidder shall submit either a 2% certified or cashier’s check or a five percent (2%) bid bond of the maximum total bid amount. Make the cashier's check or bid bonds payable to the Owner.

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

10.0 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Bidder must be capable of executing satisfactory performance bond, payment bonds for 100 percent (100%) of the contract sum in accordance 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 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

The Owner is not obligated to accept the lowest bid or any bid. The Owner reserves the right to reject any or all bids and to waive any informalities in bids or in bidding. The Owner may accept any bid deemed advantageous. The contract award may include full consideration of unit prices, alternates, and time of completion.

A-5

14.0 RETURN OF SIGNED CONTRACTS

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

Should the Contractor fail to return properly executed contracts within 14 days, the Engineer may disqualify that Contractor and recommend that the Owner enter into contracts with the next highest bidder.

- - o 0 o - -

Bid of _________________________________________________________________an individual proprietorship, a corporation organized and existing under laws of the State of Texas / a partnership of ________________.

OWNER: KB Home Lone Star obo Harris County MUD No. 610

PROJECT:Construction of Brighton Phase II Mass Grading and Detention Facilities

DATE: August 7, 2026

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

UNIT A: MOVE-IN & START-UP

A 1 Move-in and start-up, including performance, payment, and maintenance bonds for 100 percent (100%) of the contract amount. LS 1 $

SUBTOTAL, UNIT A $

UNIT B: SITE WORK

B 1 Site preparation of detention excavation, drainage channel excavation, and fill areas, including stripping of top six inches

(6") depth of topsoil, removal of vegetation and stockpile, as directed by Engineer. Ac 21.9 $

B 2 Replace strippings on back of lots, side slopes, and reserves, spread approximately six inches (6") thick to meet final grades as shown on Sheets 24-26, prior to seeding.

Ac 8.3 $

B 3 Demucking of unsuitable material within fill area greater than

18-inches in depth. Material must be removed and replaced with suitable material. Removed material must be spread thin, organics removed and mixed with suitable material elsewhere onsite. Payment for this item include removal of muck, replacement with suitable material, removal of organics and spread/mixing of muck. Contractor to confirm quantity prior to commencing work.

CY 5,000 $

B 4 Miscellanous trash removal, as directed by Engineer. TL 10 $

SUBTOTAL, UNIT B $

UNIT C: DETENTION AND DIRT MOVEMENT

C 1 Excavation of Drainage Channel 1 to final elevations and grades in accordance with Sheet 12 , as directed by Engineer.

CY 25,740 $

BID FORM

A-6

ITEM DESCRIPTION UNIT QUANTITY UNIT ITEM

NO. PRICE TOTAL

C 2 Excavation of Drainage Channel 2 to final elevations and grades in accordance with Sheets 12, as directed by Engineer.

CY 39,731 $

C 3 Haul, spread, and compact excavated material to fill future lots and Right-of-Way to final elevation and grade, using off-road trucks, as shown on Sheets 16. Fill to be placed in maximum loose lifts of eight inches (8") and compacted to

95% of the standard effort (ASTM D 698 or AASHTO Test

Method T-99) maximum dry density at -2% to +2% optimum moisture content. Quantity of in situ mterial to be verified before excavation or haul operations commence.

Measurement and payment based on excavation volume.

CY 65,471 $

C 4 Over excavate Channel bottom and side slopes below the normal pool level at least two feet (2') (perpendicular to the exposed surface) to construct 2-foot (2') clay liner. Over excavated fill material to be placed and graded evenly within fill areas as indicated in the fill plan sheets per the construction drawings; haul, place, grade, and compact spoil/fill to the proposed grades in maximum 6-inch lifts or less and compactedto 95% of the maximum density between optimum and +3% moisture content as determined by

ASSHTO Test Method T-99. SY 5,361 $

C 5 Place minimum twelve-inch (12") thick onsite clay liner on

Channel side slopes as directed by Geotechnical Engineer.

Material to be sourced locally from on site excavation. Clay liner to have minimum PI of 25 unless otherwise directed by the Geotechnical Engineer. SY 5,361 $

C 6 Contractor to establish positive drainage of project site by grading, blading, and cutting swales to drain low areas through future right-of-ways. As directed by Engineer, and

Contractor to meet onsite to determine locations of swales.

LF 2,246 $

C 7 Contractor to regrade and redirect swales on existing water plant site toward the proposed outfall, as directed by

Engineer. Contractor to ensure positive drainage. LF 515 $

C 8 10-foot wide (10') backslope interceptor swales cut to grades and locations shown on plans, as needed for construction drainage, complete in place.

LF 954 $

C 9 15-foot wide (15') backslope interceptor swales cut to grades and locations shown on plans, as needed for construction drainage, complete in place. LF 2,154 $

SUBTOTAL, UNIT C $

A-7

UNIT D: DRAINAGE FACILITIES

D 1 24-inch High Density Polyethylene Pipe (HDPE), all depths, (including bedding, backfill, and post installation cleaning), complete in place. LF 75 $

D 2 48-inch High Density Polyethylene Pipe (HDPE), all depths, (including bedding, backfill, and post installation cleaning), complete in place. LF 115 $

D 3 4'x3' Reinforced Concrete Storm Sewer Box, ASTM C-1433 all depths, (including bedding, backfill, and post installation cleaning), complete in place. LF 92 $

D 4 7'x5' Reinforced Concrete Storm Sewer Box, ASTM C-1433 all depths, (including bedding, backfill, and post installation cleaning), complete in place. LF 94 $

D 5 E-Inlet complete in place. Ea 1 $

D 6 Type "C" manhole with "E" Inlet Top for 48-72" or Pipe, standard depth, complete in place. Ea 1 $

D 7 5-inch thick reinforced concrete slope paving, (including filter fabric, weep holes, toe walls, re-bar, and expansion joints), complete in place. SY 1,492 $

D 8 Backslope interceptor structure, including twenty-four inch

(24") galvanized Corrugated Metal Pipe, 2⅔”x ½” corrugations, 16 gage, including band connectors, complete in place.

Ea 6 $

D 9 Rock Filter Dam, complete in place. Ea 1 $

D 10 Rip Rap (Grade 2) with gradation and placement per Harris

County Flood Control District Specification No. 02378, complete in place. SY 167 $

SUBTOTAL, UNIT D $

UNIT E: ADDITIONAL ITEMS

E 1 Construction Control Staking to be performed by Quiddity

Engineering, LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor. LS 1 3200.00 $ 3,200.00$

E 2 Construction Utility Staking to be performed by Quiddity

Engineering, LLC. Staking to be performed one time only. All additional staking is at the expense of the contractor. LS 1 7500.00 $ 7,500.00$

E 3 Construction Staking of Proposed Ponds, Channel, and Grades to be performed by the contractor.

LS 1 12000.00 $ 12,000.00$

E 4 As-built topographic survey of Fill Areas to be performed by

Quiddity Engineering, LLC. LS 1 8600.00 $ 8,600.00$

A-8

E 5 Construction entrance installation and maintenance of stabilized construction entrance per sheet 8 detail.

Ea 1 $

E 6 Concrete Truck Washout Area, as directed by Engineer, and in acordance with details, complete in place. Exact location to be determined in field. Ea 1 $

E 7 Inlet Protection Barrier (sand bags, hay bales, or approved equal) as per Pollution Prevention Site Plan (including installation, maintenance and removal).

Ea 8 $

E 8 Remove and dispose of miscellaneous construction debris, in a legal manner.

TL 3 $

E 9 Provide 1,000 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer. Hr 100 $

E 10 Provide 1,500 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer.

Hr 100 $

E 11 Provide 2,000 gpm pump for site dewatering including operation, maintenance, fuel, piping, fittings, and necessary silt control, as directed by Engineer.

Hr 100 $

E 12 Well Point system, complete in place and operated per specifications provided in the contract documents, as directided by the Engineer.

LF 1,000 20.00$ $ 20,000.00

($20.00 min bid) E 13 Additional cost above minimum bid for Well Point system, complete in place and operated per specifications provided in the contract documents, as directided by the Engineer.

LF 1,000 $

E 14 Hydromulch (Detention Area, including maintenance berm) seeding of disturbed areas except in areas below normal pool elevation as specified in Standard Specifications including all necessary appurtenances. Contractor to ensure growth and coverage of at least eighty percent (80%) of disturbed area by vegetation by whatever means necessary, including re-seeding, over-seeding, fertilizing, and mowing.

Ac 4.8 $

E 15 Contractor to perform monthly inspection & maintenance to mow the ponds, address erosion items, and ensure the full establishment of grass and the slopes of the channels and ponds. Mo 3 $

E 16 Placement of reinforced filter fabric fence, as directed by engineer (inc. installation, maintenance and removal). LF 2,293 $

A-9

E 17 Bleeder swales as needed for construction drainage, complete in place. LF 4,500 $

E 18 Excess utility excavation material to be spread and compacted

(to 95%) on fill areas, as directed by Engineer. See Grading

Plan for locations of fill. Fill to be placed in maximum loose lifts of eight inches (8") or less compacted to 95% of maximum density at Optimum to +4% moisture content as determined by AASHTO Test Method T-99.

CY 379 $

E 19 Damage to Owner's SWPPP, if necessary. Owner and Engineer will notify Contractor if Contractor has damaged filter fabric fence, inlet protection, or other SWPPP measures installed by the Owner. If Contractor does not repair SWPPP Items within

7 days of notification, Owner will make the repair and charge the Contractor of the cost of the repair.

LS 1 $

E 20 Water turf establishment method until grass is established & accepted by owner with a minimum 2,000 gal. water truck.

WK 4 $

E 21 Cement Stabilized Sand, as directed by Engineer.

CY 50 $

E 22 Crushed Concrete Access Road to be Removed and Replaced.

SY 2,165 $

SUBTOTAL, UNIT E $

Total Base Bid $

A-10

a. Incorporated Material $

b. Non-Incorporated Material $

c. All Other Costs and Fees $

TOTAL BASE BID $

1.

2.

Incentives

Liquidated

Damages

(Not to Exceed 90 Calendar Days)

It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement.

The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under

Alternates or Substitutions, if any.

The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for 90 days following date of bid opening.

None $1000/day

Total Contract Period of Performance =

Construction Completion time not to exceed 90

Calendar Days

Calendar Days

To Complete

The total value of the work equals the total of the following items, each of which shall be billed separately by

Contractor to Owner:

(Must equal Total Base Bid above)

The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner/Engineer shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above.

SUBSTITUTIONS: If necessary, attach detailed explanation

(Add) (Deduct)

(Add) (Deduct)

It is understood and agreed that the work shall be complete in full within specified number of 90 calendar days after the date on which work is to be commenced as established by the Contract Documents.

It is understood that the Bidder shall specify the number of calendar days for each stage of work in the table below.

A-11

Date Signed

By

SEAL (if Bidder is a Corporations)

Acknowledge receipt of Addenda Below:

Addendum No. _______ _______ _______ _______ _______

Date Received _______ _______ _______ _______ _______

- - o 0 o - -

(Witness)

(Title)

(Address)

(Address)

(Telephone Number)

(Company)

It is understood 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.

It is understood that the Owner reserves the right to reject any and all bids.

In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are

A-12

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.

GC-4

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.

GC-5

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.

GC-6

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.