HF HOLDING COMPANY, LLC,

on behalf of Montgomery County Municipal Utility District No. 128A,

City of Conroe, Montgomery County, Texas

Contract Documents and Specifications for Construction of

THE WOODLANDS HILLS PHASE V ENTRIES AND LANDSCAPE

Located at
N. Teralyn Hills, Teralyn Woods Parkway, and Teralyn Forest Dr.

Technical Specifications Prepared By:

Clark Condon

10401 Stella Link Rd.

Houston, TX 77025

December 2021

11.29.2021
 TABLE OF CONTENTS

I. Invitation to Bidders

II. Instructions to Bidders

III. Bid Form and Schedule

IV. Construction Contract

Exhibits
A. Insurance Requirements
B. Forms of Bonds (Performance, Payment and Maintenance)
C. Legal Description of Property (Metes and Bounds)
D. General Conditions of the Contract
E. Special Conditions of the Contract
F. Index of Plans
G. Tax Certificates
H. Lien Related Forms
(Final Release of Liens, Contractor’s/Sub Contractor Release of Liens)
I. Forms of Affidavits
(Contractor’s and Material Suppliers Affidavit, Contractor’s Affidavit)
J. MUD Map
K. Project Forms: (Site Survey Certification, RFI, Change Order, Contractor Information
Form)
L. Technical Specifications
Summary ...................................................................................Section 011000
Alternates..................................................................................Section 012300
Substitution Procedures ...........................................................Section 012500
Contract Modification Procedures ...........................................Section 012600
Payment Procedures .................................................................Section 012900
Project Management and Coordination ...................................Section 013100
Submittal Procedures................................................................Section 013300
Temporary Tree and Plant Protection ......................................Section 015639
Execution...................................................................................Section 017300
Closeout Procedures .................................................................Section 017700
Concrete Paving ........................................................................Section 321313
Unit Paving ................................................................................Section 321400
Planting Irrigation………………………………………………………………….Section 328400
Hydromulching ..........................................................................Section 329201
 Sodding .....................................................................................Section 329202
Plants.........................................................................................Section 329300
Exterior Landscape Maintenance .............................................Section 329301
M. Memorandum of Contract
N. Addenda
O. Construction Drawings
 I. INVITATION TO BID

Sealed bids addressed to The HF HOLDING COMPANY, LLC, (“Developer”), will be received
electronically through CivCast until 2:00 pm December 23, 2021 and then publicly opened and
read for the construction The Woodlands Hills Phase V Entries and Landscape.

PROJECT: The Woodlands Hills Phase V Entries and Landscape

SCOPE: Planting, Irrigation, Sodding, Understory Clearing,

Concrete Walks, and Curb Ramps

OWNER: HF Holding Company, LLC

DEVELOPER: HF HOLDING COMPANY, LLC

DISTRICT: Montgomery County Municipal Utility District No.

128A

MANDATORY PRE-BID: 2:00 pm, December 14, 2021

https://zoom.us/j/87997767942
Meeting ID: 879 9776 7942

NOTE: Mandatory attendance is required at the pre-bid. Each contractor is required to

submit the Site Visitation Form as part of the bid submittal. Failure to submit the form
will result in the bid being deemed unresponsive.

BID TIME: 2:00 pm

NOTE: It is the sole responsibility of the Bidder to deliver the Bid, electronic or
hard copy, by the specified deadline. Bids tendered after Closing Time will be
returned unopened.

BID DATE: December 23, 2021

LOCATION OF CivCastusa.com
ELECTRONIC BID SUBMITTAL:
 BID BOND: A cashier’s check or bid bond made payable to HF
HOLDING COMPANY, LLC., in the amount of 5% of
the total bid amount must accompany each bid.

NOTE: Bidders submitting bids electronically through the CivCast System at

www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to
their bid.

Plans, specifications and bid and contract documents are available for to view or download on
www.civcastusa.com, search The Woodlands Hills.

Subcontractors and Suppliers intending to submit bids to Bidders are required to prepare their
bids based on a complete set of bidding documents. It is the responsibility of the contractor to
ensure that his/her name is added to the official Bidder List generated and maintained by
CONSULTANT. This Bidder List will be used to distribute any addenda or updates during the
bidding process through CivcastUSA.com.

The contract will be awarded in accordance with the competitive bidding laws applicable to the
District, which can be summarized as follows: The contract may be awarded by the Developer to
any responsible Bidder that, in the Developer's judgement and with the concurrence of the
District, will be most advantageous to the District and result in the best and most economical
completion of the Project. The Developer reserves the right to reject any and all bids. The
Developer also reserves the right to waive all irregularities and defects in the bids and the bidding
process not involving price, time of submittal, or changes in the Work and to negotiate contract
terms with the successful bidder.

The successful bidder must furnish a Payment and Performance Bond acceptable to the
Developer and a maintenance bond for half the amount of the contract
 II. INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the INVITATION TO BID, each bid
shall be submitted on the bid forms provided, in conformity with the requirements of the
INVITATION TO BID, these INSTRUCTIONS, and the instructions on the BID FORM. This
project is being let for and on behalf of the District and therefore bidders shall prepare
bids based on the fact that sales and use tax is not applicable.

All blanks on the bid form, whether hardcopy or electronic, shall be completed, typed or
written in ink, and no change shall be made on the bid form or any other of the CONTRACT
DOCUMENTS. Amounts shall be written in both words and figures, with amounts
extended and totaled. If there is a discrepancy between the words and the figures of any
amount, the words shall govern.

Complete sets of Bidding Complete documents must be used in preparing bids; neither
owner nor engineer assume responsibility for errors or misinterpretations resulting from
the use of incomplete sets of Bidding Documents.

The bidder shall sign its bid in the signature space. If the bid is made by a partnership or
corporation, the name and address of the partnership or corporation shall be shown,
together with the names and addresses of the partners or officers. If the bid is made by
an individual, it must be acknowledged by that person; if made by a partnership, it must
be acknowledged by one of the partners; or if made by a corporation, it must be
acknowledged by the person signing on behalf of the corporation.

** Please upload all applicable documents completed for this bid submittal in CivCast at
https://www.civcastusa.com in no more than two PDFs.

2. CONTRACT DOCUMENTS. The instruments, plans and specifications comprising the

CONTRACT DOCUMENTS are as defined in the CONSTRUCTION CONTRACT and all
exhibits, including without limitation the GENERAL CONDITIONS AND SPECIAL
CONDITIONS. The CONTRACT DOCUMENTS are complementary and must be read
together and as a whole; what is called for by one is as binding as if called for by all.

Each bidder shall inform itself fully of the requirements and labor conditions under which
the work will be performed and shall be presumed to have inspected the work site and to
have read and to be thoroughly familiar with the CONTRACT DOCUMENTS. Failure to do
so will not relieve the successful bidder of its obligation to furnish all material and labor
necessary to carry out the provisions of the Contract and to complete work for the
consideration of its bid.

3. QUESTIONS OF INTENT: Bidders desiring further information or further interpretation of

any part of the CONTRACT DOCUMENTS must be inquired by the Bidder to CONSULTANT
in writing not less than five working days before the bid opening. E-mail all questions to

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 jbuckley@clarkcondon.com. Answers to these requests will be given in writing to all
bidders as addenda to the Contract, and each addendum will be made a part of the
Contract and acknowledged and dated on the bottom of the Bid Tab page. No explanation
or interpretation of the Contract, other than written addenda, shall be binding. Should a
bidder find discrepancies in or omissions from the CONTRACT DOCUMENTS or should it
be in doubt as to any meaning, it should notify Developer so a written addendum may be
sent to all bidders. It is the responsibility of each bidder to determine if it has received all
addenda.

Reponses to questions will be issued by Addenda posted online at www.civcastusa.com.

Questions received less than 72 hours prior to the date of opening of Bids may not be
answered.

4. SUBCONTRACTORS. A list of all proposed subcontractors must be submitted with BID

FORM.

5. SUBSTITUTIONS. When material or equipment is specified by a trade or brand name, it is

not the Owner’s or Developer’s intent, unless otherwise provided, to prohibit use of an
equal product of another manufacturer. Such specifications are intended to set a definite
standard of quality or performance and to establish an equal basis for the evaluation of
bids. In preparing its bid, each bidder is expected to include in the base bid the cost of
the items so specified. A bidder wishing to offer substitute items of equipment or
materials for those specified by brand names must do so by indicating on the bid form, in
the space provided for substitution the items it wishes to substitute, the corresponding
specified items to be replaced by the substitution, and change (increase or deduction) in
the base bid that would result if Owner or Developer were to Accept the substitute items.
Consideration of alternates will be limited to substitution of individual items of material
or equipment specified by brand names. Each offer for a substitution shall be
accompanied by descriptive matter and information on the substitute item. Owner and
Developer reserve the right to accept or reject each substitution offered.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its bid to the Developer’s
office named in the Invitation to Bidders and/or electronic bids before the Closing Time.
The fact that a bid was dispatched will not be considered. The bid must actually be
delivered to be considered. Faxed bids will not be accepted.

Developer and/or owner will not be responsible for any delays in transmission or filtering
programs that may cause electronic submissions to not be received or to be received after the
deadline. It is the responsibility of the bidder to ensure that the bid is received by the date and
the time specified. Late bids in any format will be rejected without consideration.

7. AWARD OF CONTRACT. Unless it elects to reject all bids, the Developer will award the
Contract after a thorough analysis of the bids submitted. The approximate contract start
date will be as specified ten days after Notice to Proceed. The contract may be awarded
by Developer to any responsible Bidder that, in the Developer's judgement and with the

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 concurrence of the District, will be most advantageous to the District and result in the
best and most economical completion of the Project. Developer reserves the right to
reject any or all bids, including without limitation the right to reject any or all
nonconforming, non-responsive, unbalanced or conditional bids and reject the bid of any
bidder if Developer believes that it would not be in the best interest of the Project to
make an award to that bidder, whether because the bid is not responsive or the bidder is
unqualified or of doubtful financial ability or fails to meet any other pertinent standard or
criteria established by Developer. Developer also reserves the right to waive all
irregularities and defects in the bids and the bidding process not involving price, time of
submittal, or changes in the Work and to negotiate contract terms with the successful
bidder.

Discrepancies between the multiplication of units of Work and unit prices will be resolved
in favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum. In case
of ambiguity or lack of clarity in stating the prices in any bid, may consider the
construction of the bid most advantageous to Developer or, at its option, reject the bid.

A bidder may withdraw its bid before the Closing Time without prejudice to itself by
submitting a written request for its withdrawal to the Developer’s Office. Within seven
working days of oral notice of award of the Contract, the successful bidder shall submit
to the Developer all information and other items necessary to complete the CONTRACT
DOCUMENTS, including Contractor’s safety program. The Developer shall then prepare
the final CONTRACT DOCUMENTS for execution by the bidder. The successful bidder shall
return the signed CONTRACT DOCUMENTS to the Developer within five working days of
receipt, or the Owner or Developer may disqualify the bid and accept another bid.

8. FUNDS. The Owner or Developer has available sufficient funds to pay the successful
bidder in cash in accordance with the provisions of the Contract.

9. NUMBER OF SIGNED SETS OF DOCUMENTS. The CONTRACT DOCUMENTS will be

prepared in at least one original set for signature, one for delivery to Montgomery County
Municipal Utility District No. 128A for recordation. Owner or Developer will furnish the
successful bidder with two sets of PLANS and TECHNICAL SPECIFICATIONS free of charge,
and additional sets may be obtained from the Developer at the Developer’s reproduction
rates.

10. PRECONSTRUCTION CONFERENCE. A Preconstruction Conference will be scheduled with

the successful bidder and subcontractors upon awarding and executing the contract.

11. QUALIFICATIONS OF BIDDERS. The bid must be accompanied by a statement of the

qualifications of the Bidder to properly execute the work. In addition, complete
information on any work which the Bidder failed to complete or abandoned within a one
year period prior to the date of the bid shall be included.

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12. STATEMENT OF THE QUALIFICATIONS. The statement of qualifications of the bidder
should include company name, address, telephone number; owner’s name; list of banking
references, bank telephone number and contact person; contractor surety bonding agent
telephone number and contact person; list of ongoing projects and percent completed
with references, contact person and telephone number; and contractor tax I.D. (FEIN).

13. FINANCIAL STATEMENT. Each bid must be accompanied by a statement of the financial
condition of the bidder as reflected by its most recently prepared statement and the
additional materials referenced below. Submit these in a sealed envelope marked,
“Financial Statement of (name of bidder) for (description of project)”.
• Provide most recent audited or reviewed year-end financial statements, if
available.
• Provide most current unaudited financial statements.
• Include auditor’s opinion, balance sheets, income statement, cash flow
statement and footnotes.
This statement will be examined only if the bidder’s bid is actively considered for award;
otherwise it will be returned unopened after the award of the Contract.

14. AFFIRMATIVE ACTION REQUIREMENTS; STATE OF ISRAEL. All bidders are advised that HF
HOLDING COMPANY, is fully committed to a policy of Equal Opportunity and Affirmative
Action. The successful bidder will be expected and encouraged to not only comply with
the letter of all laws regarding non-discrimination and affirmative action, but to carry out
the spirit and intent of the affirmative action concept in the following areas:
a. Non-discrimination in all areas of employment, including recruitment, hiring,
training and promotions.

b. Recruiting efforts and internal promotion programs, which are affirmatively

designed to maximize the number of minority applicants for the pool from which
the most qualified candidate can be selected.

c. Non-discrimination in the selection of subcontractors and vendors supplying work

or materials for this project.

d. Affirmative Action to seek out and utilize minority firms to provide goods and
services needed in connection with this project. The contractor will maintain
records of such contact with minority subcontractors and vendors and be able to
furnish reports, if required, by HF HOLDING COMPANY.

e. Under Chapter 2270, Texas Government Code, the Developer (and therefore the
Developer on behalf of the District) may not enter into a contract with a winning
bidder unless the winning bidder verifies in the contract that it does not boycott
Israel and that it will not boycott Israel during the term of the contract.

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15. NATURAL WOODLAND: Should you be the successful contractor, you will be working in a
natural woodland. One of the main emphases of this new community is the preservation
of the natural existing environment -that is the trees, bushes, wildflowers and wildlife;
and to enhance it by additional landscaping and the development of the lakes and open
space. The houses will be built with the natural woodlands preserved between them. No
one can replace what nature has created, and to preserve this beauty we need your
cooperation. No construction activities are to take place in the wooded preserve areas.
No unnecessary trees, shrubs or vegetation should be removed or damaged. No trash,
lumber, paint pots, sheetrock, concrete, mortar, etc. can be dumped in the woods. No
vehicles, storage shanties, etc. can be parked except in designated areas assigned by the
superintendent. This is your chance to show that our industry and our craftsmen
particularly can and do accept the challenge to build a better environment in the forest
and can preserve the natural ecology of the land while building homes and community
for people.

16. INTERESTED PARTIES: In compliance with Texas Government Code, Section 2252.908, the
successful business entity awarded a contract must complete Form 1295 – “Certificate of
Interested Parties” – and must provide a signed and notarized printed copy of the Form
1295. Form 1295 and related instructions can be found at www.ethics.state.tx.us

17. COMMUNICATION: Bidder shall be capable of receiving communication and orders by

web, e-mail, and via phone call/message. Contractor(s) are expected to be in daily contact
(email, phone,) and weekly meetings Additional meetings may be required.

18. PREVAILING WAGES: For this project, as outlined in Chapter 2258 of the Texas
Government Code all contractor(s) and subcontractor(s) must pay the local general
prevailing wages. This includes the rate for overtime work and legal holidays. Laborers or
employees must be paid at or above the prevailing local wages. The minimum rates that
apply to this Contract are found or are referenced under Exhibit “N”.

19. CONTRACTOR INFORMATION: A properly and legibly completed contractor information

form in the format outlined in Exhibit K must be submitted by each bidders and each
bidder that is a corporation, profession corporation, limited liability company or limited
partnership must also submit a certificate of formation.

20. RETAINAGE: Per Section 49.276 (d) of the Texas Water Code provides that Districts shall
retain ten percent (10%) of the estimated amount of progress payments until final
completion and acceptance of the contract work.

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 III. Bid Form
Competitive Sealed Bid

BIDS DUE: SEALED BID MUST BE RECEIVED BY DECEMBER 23, 2021 AT 2:00 PM
ELECTRONICALLY THROUGH CIVCASTUSA.COM

Project: The Woodlands Hills Phase V Entries and Landscape

District: Montgomery County Municipal Utility District 128A
Owner: HF HOLDING COMPANY, LLC
Developer: HF HOLDING COMPANY, LLC
Project Location: The Woodlands Hills, Conroe Texas
Project Civil Engineer: N/A
Project Architect: N/A
Project Lands. Arch.: Clark Condon
Project Irrig. Designer: James Pole Irrigation Consultants
Project Structural Eng.: N/A
Project MEP Eng.: N/A

SCOPE OF WORK: Planting, Irrigation, Sodding, Understory Clearing, Concrete Walks, and Curb
Ramps

Bidder:
An individual proprietorship,
A corporation organized and existing under the
Laws of
Having an address of

The undersigned bidder has carefully examined the CONTRACT DOCUMENTS (defined
hereinafter) for the work described above and the site of the Work and will provide at its own
cost and expense all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, maintenance, and other accessories, incidentals and services necessary to
complete the Work upon which it bids, as provided by the CONTRACT DOCUMENTS, and binds
itself on acceptance of its bid to enter into the Contract on the terms proposed by Developer for
performing and completing the Work within the Contract Time, for the following prices.

It is acknowledged by the undersigned bidder that if there is a discrepancy between the words
and the figures of any amount, the words shall govern. Discrepancies between the multiplication
of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between
the indicated sum of any column of figures and the correct sum thereof will be resolved in favor
of the correct sum.

It is understood and agreed that, if awarded the contract, the proposed work shall be started
within ten (10) calendar days from the date of the written notice to proceed, and shall be
completed in full within ___ calendar days after the date of the written notice to proceed.
The undersigned certifies that the bid amounts contained in the Bid Form have been carefully
checked and are submitted as correct and final, and these amounts will remain firm for 90
working days following submittal.

The bid security will be returned to the bidder, unless the bidder fails to enter into a Contract
with the Developer and furnish the required bonds within TEN (10) working days after the
acceptance of the Proposal in which case the deposit shall be forfeited and becomes the property
of the Developer, as liquidated damages.

In the event of the award of a contract to the undersigned, the undersigned will furnish a
Performance Bond in the amount of 100% of the amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
final completion and acceptance, and a Material and Labor Payment Bond in the amount of 100%
of the amount of the contract to guarantee payment of all lawful claims for labor performed and
materials furnished in the fulfillment of the contract.

Bid Schedule Summary

I, _________________________________________, agree to abide by all conditions of this bid

and certify that I am authorized to sign this bid for the bidder.

Having examined the Contract Documents, including the Invitation to Bid, the Instructions to
Bidder, Form for Contract, the General and Special Conditions of the Contract, the Drawings, and
Specifications, including all Agenda (collectively, the "CONTRACT DOCUMENTS"), the
undersigned proposes to perform the completed Work of the Project required by the CONTRACT
DOCUMENTS for the total stipulated sum of:

________________________________________________________
($_______________________)
(amount written in figures)
The undersigned represents and warrants that (1) all tangible personal property identified as
"materials" in this bid will be incorporated into the Project, subject only to field adjustments as
to quantities, (2) the prices of such materials are exclusive of sales and use taxes, and (3) all sales
and use taxes regarding tangible personal property not incorporated into the work are the sole
responsibility of the Contractor and the Contractor has paid or will pay such taxes regarding such
property.

____________________________________
(Witness) SIGNED Company:
Seal (If Bidder is a Corporation) BY: __________________________
SIGN BY:
Title:
______________________________
Date:
______________________________
Address:
___________________________
City, Texas and ZIP:
_________________
Telephone Number:
__________________
Email:
_____________________________
Acknowledge Receipt of Addenda Below:
Addendum No. ______ Addendum No. ______
Addendum No. ______ Addendum No. ______
Addendum No. ______ Addendum No. ______

END OF BID FORM

Clark Condon The Woodlands Hills
December 2021 Phase V Entries and Landscape

All Bidders shall provide unit prices for all items included in the work. In the event a greater or lesser amount of work is done, the following unit prices will apply. Unit prices
cover the cost of work and materials complete in place, including materials, equipment, labor, installation, delivery, taxes, overhead, profit, maintenance, and guarantee
required to render complete.

ITEM
NO. ITEM QTY. UNIT UNIT COST EXTENSION

General Items

Mobilization, personnel and equipment. (This amount shall not exceed 3% of the total contract amount.
25% of Mobilization is to be paid upon the Owner's determination that sufficient personnel and equipment
have been mobilized onsite and the remainder is to be paid upon completion of 10% of the contract
1. amount.) 1 LS
2. Payment, Performance and Maintenance Bonds 1 LS
3. Permitting 1 LS
4. 60 Day Landscape Maintenance 1 LS

Total General Items

Hardscape Items
5. Concrete walk - 8' wide 15,334 SF
6. Concrete Curb Ramp (including truncated dome pavers) 12 EA
7. Concrete Pad (mailbox) 288 SF

Total Hardscape Items

Softscape Items
8. Understory Clearing in Medians 5,267 SF
9. Understory Clearing in Forest Preserve 80,817 SF
10. Irrigation System, Complete and Operational 1 LS
11. Eastern Redbud - 30 gal 50 EA
12. Sweetbay Magnolia - 30 gal 12 EA
13. Loblolly Pine - 30 gal 42 EA
14. Live Oak - 65 gal 8 EA
15. Possumhaw Holly - 15 gal 23 EA
16. Cedar Elm - 65 gal 2 EA
17. American Beautyberry - 3 gal 84 EA
18. Big Blue Liriope - 1 gal 542 EA
19. Turk's Cap - 3 gal 131 EA
20. Wedelia - 1 gal 543 EA
21. Fine Grade and Sod 100,850 SF
22. Pine Straw Mulch 5,268 SF

Total Softscape Items

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Clark Condon The Woodlands Hills
December 2021 Phase V Entries and Landscape

ITEM
NO. ITEM QTY. UNIT UNIT COST EXTENSION
Alternate #1 - Hydromulch in lieu of Sod
23. Deduct Fine Grade and Sod 100,850 SF
24. Fine Grade and Common Bermuda Hydromulch 97,272 SF
25. Fine Grade and Sod (medians only) 3,578 SF

Total Alternate #1

Total Base Bid

Total Base Bid with Alternates
Total Calendar Days

III-5
IV. CONSTRUCTION CONTRACT
 CONSTRUCTION CONTRACT

This Construction Contract (this “Contract”) is made and entered into to be effective as of the
____ day of____________, 2021, by and between HF HOLDING COMPANY, LLC, a Delaware
limited liability company (“Developer”) and _______________________ a Delaware limited
liability company (“Contractor”), whose business address is __________________________.

Developer and Contractor hereby agree as follows:

1. SCOPE OF WORK

Contractor shall furnish all labor, materials and other requirements as set forth herein or as
required to perform and complete the work described generally in this paragraph and described
and depicted more specifically in the Contract Documents (the "Work") in a workmanlike and
expeditious manner, with adequate, skilled and competent workmen, in strict compliance with
the Contract Documents, the rules, regulations and standards of Montgomery County Municipal
Utility District No. 128A (the "District"), all applicable Federal, State, County and Municipal
regulations, customs, codes, laws and ordinances, and in conformity with the directions of
Developer, Developer’s Superintendent or the Architect/Engineer. The Work consists generally
of the following:

Planting, Irrigation, Sodding, Understory Clearing, Concrete Walks, and Curb Ramps

The site where the Work will be performed is described in Exhibit C.

2. ARCHITECT/ENGINEER

The Architect/Engineer for the Work shall be Clark Condon Whenever the term
“Architect/Engineer” or “A-E” is used in this Contract, or the approval of same is required, and
no Architect/Engineer is designated herein, Developer shall designate a representative of its
choosing to perform such service or make such decisions as are required.

3. SCHEDULE OF WORK

Unless further notified, Contractor shall start Work not later than ten (10) working days following
receipt of Developer’s written notice to proceed and such Work shall be completed in full within
______ calendar days from the Notice to Proceed. Any provisions in this Contract to the contrary
notwithstanding, Developer shall not be liable to Contractor for any delays caused by Developer,
other Contractors employed by Developer, or by any of Contractor’s Subcontractors, or for any
other cause whatsoever, including, but not limited to, loss or damage incurred by Contractor in
the event Contractor is unable to start or complete its Work as herein contemplated.

3.1 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed by and between
the parties to this Contract that time is of the essence of this Contract, and that for each calendar
day of delay beyond the completion date of this Contract (unless extended by the Developer),
the Contractor shall become obligated to the Developer (as liquidated damages) for each day of
IV-1
such delay the sum of Two Hundred Dollars and No Cents ($200.00), it being understood between
parties of this Contract that such sums shall be treated as liquidated damages and not as a
penalty, and the Developer may withhold from the Contractor’s compensation such sums as
liquidated damages. The Completion date shall be the number of calendar days as bid herein to
perform the Work as indicated.

4. PAYMENTS

In consideration of the prompt, complete and faithful performance of every provision of this
Contract in accordance with the Contract Documents, Developer will pay to Contractor a sum
based upon the unit price schedule on the Bid Form but estimated not to exceed the maximum
sum of $______________. If the estimated number of required units is increased above the
estimated maximum sum stated above, then such excess amount shall be paid to Contractor.
Partial payments shall be made to Contractor according to Paragraph 35 of the General
Conditions. No partial payment made for Work under the Contract shall constitute acceptance
by Developer of the performance of this Contract by Contractor, in whole or in part, and the final
payment shall not constitute an acceptance of defective Work or improper materials.

5. INSURANCE REQUIREMENTS

Contractor agrees to procure and maintain at all times during the performance of Work under
this Contract, policies of insurance in accordance with Exhibit “A” attached hereto and made a
part hereof.

6. LIENS

Contractor shall pay promptly when due and shall cause all Subcontractors to promptly pay when
due, for all labor, materials and other expenses incurred hereunder, and hold Developer, the
Owner and the property comprising the project free from all claims, liens, judgments, court costs,
attorneys’ fees and expenses resulting from the failure so to pay or otherwise comply with the
Contract. Any liens upon the property not paid or bonded by Contractor within ten (10) working
days after notice thereof from Developer, may be paid or bonded by Developer and Contractor
shall pay to Developer, upon demand, or Developer may deduct from amounts owned
Contractor, all costs thereby incurred.

7. DEFECTS, ERRORS AND GRANTEES - FINAL PAYMENT

In addition to all other warranties provided in the Contract Documents, Contractor hereby
warrants and guarantees that all materials and equipment furnished in connection with the
Work: (i) shall be new unless otherwise specified by Developer, (ii) shall comply in all respects
with this Contract, and (iii) shall be of good quality, free from faults and defects, latent or patent.
Contractor further warrants and guarantees that all labor and services furnished in connection
with the Work: (i) shall be performed in a good and workmanlike manner by skilled and
competent workers and laborers, and (ii) shall comply in all respects with this Contract and
applicable laws. All warranties made in this Contract run to and are for the benefit of Developer,

IV-2
Owner, and their successors, assigns, customers, invitees and lessees. For a period of one (1) year
from the date of final acceptance of the Work, Contractor shall promptly correct, at Contractor’s
own cost and expense, any Work that does not conform to this Contract or any warranty provided
in this Contract, and Contractor shall indemnify and hold Owner and Developer harmless from
any costs or expenses for such Work. Should Contractor, upon written notice from Developer,
refuse or fail to correct, within the time required by Developer, all such defects and errors,
together with all damage to other work caused by the performance of this Contract, Developer
shall have the right to remedy and make good such defects and damage and charge Contractor
therewith, deduct such amount from the final payment, or if Developer has any other monies
which may be payable to Contactor pursuant to this or any other Contract, then Developer shall
have the right to withhold said monies.

Upon satisfactory performance by Contractor of all repair and replacement work required during
the warranty correction period, or following one (1) year from the date of acceptance by
Developer of such Work, or at such earlier time as Developer may elect, such final payment to
Contractor, less any deduction or withholdings by Developer permitted hereunder, shall be
promptly made by Developer to Contractor, together with interest thereon to the extent, if any,
required by law. Final payment by Developer to Contractor hereunder shall in no event affect,
alter or diminish Contractor’s warranties and guarantees hereunder. Establishment of the one-
year warranty correction period in this paragraph relates only to the specific obligation of
Contractor to correct the Work during such period, and has no relationship to the time within
which the Contractor’s other obligations under this Contract may be enforced, nor to the time
within which proceedings may be commenced to establish Contractor’s liability under this
Contract.

8. CLEANUP

Contractor shall keep the premises free at all times from accumulation of waste materials,
rubbish and debris, and at the completion of the Work shall clean the premises and
improvements in a manner satisfactory to Developer and in compliance with Owner’s and
Developer’s applicable development standards, restrictions and covenants in regard to the
premises. Should Contractor fail to comply with the provisions of this paragraph after receiving
twenty-four (24) hours written notice thereof, Developer shall have the right to perform such
cleaning and/or remove said waste materials, rubbish or debris, and Contractor shall reimburse
Developer, upon demand, for all costs or expenses thereby incurred.

9. SOLE CONTRACT

This Contract cannot be changed, modified, terminated, cancelled, rescinded, assigned in whole
or in part, or in any other way altered or negated except by written Contract or change order that
conforms to all requirements of the Contract Documents and is signed by the party against whom
enforcement is sought. Developer has not made and does not make any representations with
respect to any matter or thing affecting or related to the subject matter of this Contract, except
as herein specifically set forth, and Contractor hereby expressly acknowledges that no such
representations have been made. It is agreed that all understandings and Contracts heretofore
IV-3
had between the parties are merged into this Contract, which alone fully and completely
expresses their Contract. This Contract has been entered into after full investigation and
consideration, neither party relying upon any statement or representation not embodied in this
Contract, which may be claimed to have been made by any of the parties hereto.

10. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS

Contractor shall, upon execution of this Contract, provide payment and performance bonds in
favor of Developer and Owner in the sum of 100% of the contract price and a maintenance bond
for half the amount of the contract to guarantee fulfillment of the maintenance standards
outlined in the contract upon a surety company satisfactory to Developer and meeting the
minimum criteria of the District.

11. CONTROVERSIES

If any controversy arises hereunder which is not settled to the satisfaction of the parties by
mutual Contract or by the Architect/Engineer, the written orders of Developer shall be followed.
This Contract shall be governed by the laws of the State of Texas. It is agreed that this contract
is executed and performable only in Montgomery County, Texas, and that venue for any action
hereunder shall lie exclusively in Montgomery County, Texas.

12. WAIVER OF JURY TRIAL

THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL WITH RESPECT TO ALL CLAIMS AND CAUSES
OF ACTION RELATED TO OR ARISING OUT OF THE NEGOTIATION OR PERFORMANCE OF THIS
CONTRACT. EACH PARTY ACKNOWLEDGES THAT IT HAS (1) RECEIVED ADEQUATE
CONSIDERATION TO EFFECT SUCH WAIVER, (2) ACTED IN RELIANCE ON THE OTHER’S WAIVER
AND INTENDS THAT THE SAME BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW, AND
(3) BEEN GIVEN THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF ITS
CHOICE PRIOR TO EFFECTING THIS WAIVER.

13. CONTRACT DOCUMENTS

The Contract Documents consist of this Contract together with attached Exhibit “A” through
Exhibit “Q” listed below, the completed bid form and addenda referenced on the bid form, and
executed payment and performance bonds (if required).

a. Insurance Requirements
b. Forms of Bonds (Performance, Payment and Maintenance)
c. Legal Description of Property (Metes and Bounds)
d. General Conditions of the Contract
e. Special Conditions of the Contract
f. Index of Plans
g. Tax Certificates
h. Lien Related Forms

IV-4
 (Final Release of Liens, Contractor’s/Sub Contractor Release of Liens)
i. Forms of Affidavits
(Contractor’s and Material Suppliers Affidavit, Contractor’s Affidavit)
j. MUD Map
k. Project Forms: (Site Survey Certification, RFI, Change Order)
l. Technical Specifications
m. Memorandum of Contract
n. Addenda
o. Construction Drawings

The Contract Documents include the Index of Plans listed in Exhibit “F,” the Specifications
identified in Exhibit “L” and Construction Drawings in Exhibit “P”, regardless of whether such
Drawings and Specifications are physically attached to this Contract, and any addenda to the
Drawings or Specifications issued before the execution of this Contract.

[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK – SIGNATURE PAGE FOLLOWS]

IV-5
 Each party is signing this Contract on the date below the signature of that party’s officer
or authorized agent below, to be effective as of the Effective Date stated in the preamble.

CONTRACTOR: DEVELOPER:
_____________ HF HOLDING COMPANY, LLC,
a Delaware limited liability company

By: By:
Signature Signature

Name and Title Name and Title

Date: Date:

IV-6
 EXHIBIT A

INSURANCE REQUIREMENTS
 INSURANCE REQUIREMENTS

Contractor shall provide and require that all Subcontractors provide the insurance coverage
outlined in this Exhibit. The insurance coverages, policy limits and other policy provisions
described in this Exhibit are minimums only. Contractor and Subcontractors of any tier shall
have the obligation to provide the minimum coverages and limits stated in the provisions
below or such greater coverages and policy limits, if available in the insurance policies carried
by Contractor or Subcontractor. Developer reserves the right to adjust, expand or waive any or
all requirements set forth in this Exhibit. The provisions of this Exhibit shall survive the full
performance or earlier termination of the Contract between the parties.

Prior to commencing work, Contractor shall procure and maintain at its expense and for the
duration of the Contract including any extensions thereof, the insurance policies described below
with reliable insurers authorized to do business in the state where the work is performed having
a current A.M. Best Rating of A, VII or better, and with policy limits not less than those indicated.
Developer’s receipt or acceptance of Contractor’s evidence of insurance does not constitute
approval or Contract that the requirements of the Contract have been fulfilled or waive
Contractor’s obligation to comply with any of the insurance requirements provided in this Exhibit.
Failure of Contractor to maintain the required insurance shall constitute a default under the
Contract and, at Developer’s option, shall allow Developer to terminate the Contract for cause,
withhold payment and/or purchase the required insurance at Contractor’s expense.

ADDITIONAL INSURED PROVISIONS: To the fullest extent allowable by law, Contractor and
Subcontractors of any tier shall ensure all commercial general liability, automobile liability,
umbrella/excess liability, builder’s risk and pollution liability insurance policies shall provide that
Developer, Owner, any ground lessor, and all of their direct and indirect parents and subsidiaries,
all of their affiliated entities, successors and assigns and all of their respective current or future
officers, directors, managers, members, partners, shareholders, employees and agents and other
entities reasonably requested by Developer (“Additional Insureds”) shall be included as
additional insureds on a primary basis and not contributing with and not in excess of any other
insurance or self-insurance programs afforded to the Additional Insureds. Further as to
commercial general liability and umbrella liability policies each shall utilize ISO additional insured
endorsement CG2010 10/01 (for ongoing operations) and endorsement CG2037 10/01 (for
completed operations) or equivalent.

1. Minimum Insurance Requirements for Contractor.

1.1 Commercial General Liability Insurance (“CGL”) written on an occurrence

coverage form with coverage at least as broad as that provided under the ISO form CG 0001 and
there shall be no limitations or exclusions beyond those contained in the standard policy forms
which apply to property damage, products and completed operations, contractual liability or
construction defects. Additional Insured status is required as per the provisions stated herein. A
waiver of all rights of subrogation is required in favor of the Additional Insureds. The CGL
aggregate limit shall apply per project/location or an increased umbrella/excess limit may be
provided as per provision 1.4.

A-1
 $1,000,000 bodily injury and property damage occurrence limit
$2,000,000 general aggregate (other than products/completed operations
aggregate)
$2,000,000 products and completed operations aggregate
$1,000,000 personal and advertising injury limit

1.2 Workers’ Compensation Insurance with statutory limits in accordance with the
laws of the state including maritime coverage when work is performed on or adjacent to a body
of water or a river, and Employer’s Liability Insurance. If not required, insurance shall be obtained
voluntarily to extend to the employer and/or employee to the same extent as though the
employer or employee were subject to the workers’ compensation laws. A waiver of all rights of
subrogation is required in favor of the Additional Insureds.

Workers’ Compensation Statutory Limits

Employer’s Liability $1,000,000 each accident, disease per employee,

disease policy limit

1.3 Automobile Liability Insurance on ISO form CA 0001 or equivalent covering

liability arising from the use or operation of any auto, including those owned, hired, non-owned
or otherwise operated or used by or on behalf of the Contractor. Additional Insured status is
required as per the provisions stated herein. A waiver of all rights of subrogation is required in
favor of the Additional Insureds.

$1,000,000 combined single limit

$5,000,000 combined single limit with auto pollution coverage if work involves
transporting
waste or hazardous substances

1.4 Umbrella/Excess Liability Insurance with per limits following form above the
Contractor’s primary liability limits provided in Sections 1.1, 1.2 (employer’s liability only), and
1.3. Additional Insured status is required as per the provisions stated herein. A waiver of all
rights of subrogation is required in favor of the Additional Insureds.

$1,000,000 per claim and in the aggregate (if excess of per project/location CGL
limits), or

$5,000,000 per claim and in the aggregate (if excess of shared CGL limits)

1.5 Contractor’s Pollution Legal Liability Insurance if the operations of Contractor or

its Subcontractors related to work performed under this Contract involve waste removal,
remediation or handling of hazardous substances. Additional Insured status is required as per
the provisions stated herein. A waiver of all rights of subrogation is required in favor of the
Additional Insureds. This insurance requirement may be satisfied by the applicable

A-2
Subcontractor’s insurance policy. Evidence of non-owned disposal site coverage and a copy of
pollution liability insurance from any landfill/disposal site are required for scopes involving the
disposal of hazardous materials.

$5,000,000 per occurrence and in the aggregate

1.6 Professional Liability Insurance to cover design or design/build, engineering,

architectural, and other professional operations/activities of Contractor or its Subcontractors, if
applicable. A waiver of all rights of subrogation is required in favor of the Additional Insureds.
This insurance requirement may be satisfied by the applicable Subcontractor’s insurance policy.

$1,000,000 per claim and in the aggregate

1.7 Builder’s Risk Insurance if requested by Developer at Developer’s sole discretion

covering the cost of construction or renovations on an all risk basis and in an amount equal to
the Contract value plus change orders.

2. Minimum Insurance Requirements for Subcontractors. Contractor shall contractually

require and cause that all Subcontractors shall, at its sole cost and expense and without limiting
its obligations or liabilities under the Contract Documents, obtain and maintain in effect, separate
insurance as outlined in this Exhibit including other coverages necessary, as determined by
Contractor, with annually renewing policy limits, as determined necessary by Contractor, or the
full per occurrence limits of the Subcontractor’s policies, whichever is greater. Additional Insured
status is required as per the provisions stated herein. A waiver of subrogation in favor of the
Additional Insureds is required on all policies carried by Subcontractors.

3. Other Requirements Applicable to Insurance.

3.1 Waiver of Subrogation: Contractor hereby agrees to waive and shall require all
Subcontractors of any tier to waive any rights of recovery from the Additional Insureds with
regard to all loss covered or not covered by insurance policies carried by Contractor or
Subcontractor, whether required herein or not, and shall cause all insurance policies carried by
Contractor or Subcontractors (except where prohibited by law) to contain a waiver of
subrogation clause or endorsement to be provided in favor of the Additional Insureds, whether
such insurance policy is required herein or not. The parties intend for the foregoing waivers of
subrogation to be effective through the running of applicable statute of limitations or statute of
repose.

3.2 Certificates of Insurance: The specified minimum limits of insurance (excluding

1.5 and 1.6) may be satisfied by any combination of primary and excess/umbrella liability
insurance policies. Contractor shall, before the Contract is signed, and at any time during the
Contract when policies are renewed or changed, furnish Developer with (a) a certificate of
insurance that the aforementioned insurance policies have been provided or the actual insurance
coverages and full per occurrence limits of Contractor’s insurance policies, if greater, and (b)
copies of all additional insured endorsements, each policy’s primary and non-contributory

A-3
language, each waiver of subrogation endorsement and evidence of other policy provisions as
requested by Developer. Unless Contractor receives a written waiver of this requirement from
Developer, Such certificate of insurance or policy endorsement(s) shall also bear an Contract that
if the insurance is canceled or reduced for any reason during the period of coverage as stated on
the certificate so as to affect the certificate, Developer shall be given at least thirty (30) calendar
days prior written notice by the insurance company. Developer shall not, however, be deemed
to waive these requirements if the Work begins without Contractor furnishing, or Developer
requesting, such certificates. Failure of Developer to identify deficiencies in Contractor’s
minimum insurance requirements shall in no way limit or relieve Contractor of its obligations to
maintain such insurance. Acceptable additional insured endorsements are subject to Developer’s
approval.

3.3 Contractor shall procure and maintain these insurance policies and coverages at
its expense and for the duration of the Contract including any extensions thereof and through
any applicable statute of limitations and statute of repose. If any policy is canceled or the
insurance is subject to expiration during the performance of the Work, Contractor shall submit
evidence of replacement or renewal of the insurance before the cancellation or expiration date,
or if insurance is not in effect, Contractor shall discontinue the Work until the insurance has been
provided.

3.4 Except with respect to the limits of insurance, all required insurance shall apply
separately to each insured or additional insured and the insurance coverages required herein are
intended to stand alone and not to solely support any indemnity obligation between the parties.

3.5 In specifying insurance requirements Developer does not represent that such
insurance is adequate to protect from loss, damage or liability arising from the work; Contractor
and Subcontractors are solely responsible to inform itself of the types or amounts of insurance it
may need beyond the insurance requirements to protect itself and its materials and equipment.
Contractor shall be responsible for all deductibles or self-insured retentions; deductibles or
retentions above $25,000 must be declared and approved by Developer.

3.6 To the fullest extent permitted by law the insurance coverages and requirements
set forth shall not be construed to relieve liability in excess of such coverage, nor shall it preclude
Developer from taking such other actions as is available to it under any other provision of the
Contract.

A-4
 EXHIBIT B

FORMS OF BONDS
Performance Bond

Bond No. ___________

1. PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT __________________________ as Principal, and hereinafter

called "Principal," and ___________________, a corporation organized
and existing under the laws of the State of __________________, as
Surety, hereinafter called "Surety," are held and firmly bound unto
HF HOLDING COMPANY, LLC (“HFHC”) of The Woodlands, Texas,
jointly and severally, as Obligee, and hereinafter called "Owner,"
in the sum of ___________________ AND NO/100 DOLLARS ($___________),
lawful money of the United States of America, for the payment of
which Principal and Surety bind themselves, their successors and
assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has entered into and agreed to perform a

construction contract dated ___________________, with Owner for the
construction of _____________________________ on land of Owner
located in Montgomery County, Texas, in accordance with such contract
and the contract documents referred to therein, which contract is
made a part hereof and incorporated herein by this reference and is
hereinafter called the "Contract."

NOW, THEREFORE, the condition of this obligation is such that,

if Principal shall well and truly perform all the undertakings,
covenants, terms, conditions and Contracts of the contract on its
part, including all guarantees and warrantees provided therein, and
fully indemnify and save harmless said Obligee from all cost and
damage which they may suffer by reason of Principal's failure to do
so, and fully reimburse and repay said Obligee all outlay and expense
which it may incur in making good such default, then this obligation
shall be null and void; otherwise it shall remain in full force and
effect.

There shall be no liability of the part of the Principal or

Surety under this bond to the Obligee unless the Obligee shall make
payments to the Principal, or to the Surety in case it arranges for
completion of the Contract upon default of the Principal, strictly
in accordance with the terms of said Contract as to payments, and
shall perform all other obligations required to be performed under
said Contract at the time and in the manner therein set forth.

SURETY does hereby consent to any and all alterations,

modifications and revisions to the Contract secured by this bond,
including, but not limited to, any extensions of time for performance
which may be agreed upon by and between the Owner and the Principal.
Surety does hereby waive notice of any such alterations, modifications
and revisions.

Dated __________________, 20__.

[Name of Principal] [Name of Surety]

Name:___________________________ Name:__________________________

Title:__________________________ Title:_________________________

PRINCIPAL SURETY
Payment Bond

Bond No. ___________

PAYMENT BOND UNDER SECTIONS 53.201,

1. ET SEQ., TEXAS PROPERTY CODE

KNOW ALL PERSONS BY THESE PRESENTS:

THAT __________________________ as Principal, and hereinafter

called "Principal," and ___________________, a corporation organized
and existing under the laws of the State of __________________, as
Surety, hereinafter called "Surety," are held and firmly bound unto
HF HOLDING COMPANY, LLC, of The Woodlands, Texas, jointly and
severally, as Obligee, and hereinafter called "Owner," in the sum of
___________________ AND NO/100 DOLLARS ($___________), lawful money
of the United States of America, for the payment of which Principal
and Surety bind themselves, their successors and assigns, jointly and
severally, firmly by these presents.

WHEREAS, Principal has entered into and agreed to perform a

construction contract dated ___________________, with Owner for the
construction of ______________ _______________ on land of Owner
located in Montgomery County, Texas, in accordance with such contract
and the contract documents referred to therein, which contract is
made a part hereof and incorporated herein by this reference and is
hereinafter called the "Contract."

NOW, THEREFORE, the condition of this obligation is such that,

if Principal shall promptly pay for all claims for labor,
subcontracts, materials, specially fabricated materials (all as
defined in Section 53.001, Texas Property Code), and normal and usual
extras not exceeding fifteen percent (15%) of the contract price
provided in the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect.

This bond is executed and made at the request of Owner and

pursuant to Section 53.201 et seq. of said Texas Property Code, and
it shall inure solely to the benefit of all claimants giving and
filing the applicable notices and claims or making claims as provided
in said Section 53.201 et seq.

Dated __________________, 20__.

[Name of Principal]

By:________________________________

Name:______________________________

Title:_____________________________

PRINCIPAL

[Name of Surety]

By:________________________________

Name:______________________________

Title: Attorney-in-Fact

SURETY

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:
 APPROVAL OF OWNER

HF HOLDING COMPANY, LLC, as the Owner named and referred to in

the foregoing bond and the construction contract incorporated in the
foregoing bond, hereby endorses and approves the foregoing bond and
approves the filing of same in the office of the County Clerk of
_____________________ County, Texas, this ____ day of
________________, 20__.

HF HOLDING COMPANY, LLC, a Delaware

Limited Liability Company

By:________________________________

Name:______________________________

Title:_____________________________

OWNER

(An executed counterpart or true copy of the Construction Contract

is to be filed in the office of the County Clerk along with this
bond.)

[NOTE: Approval of Owner is required by Statute. See Property

Code §53.202 for all requirements
Maintenance Bond

(Private Contract Bond; project is “HF HOLDING COMPANY, LLC ON BEHALF OF MONTGOMERY
COUNTY MUNICIPAL UTILITY DISTRICT NO. 128A”)

BOND No.

STATE OF TEXAS

COUNTY OF MONTGOMERY

KNOW ALL MEN BY THESE PRESENTS: That ____________________, of the City of Conroe,
County of Montgomery, and State of Texas as Principal, and
_______________________________________________________ authorized under the Laws
of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto HF
Holding Company, LLC, on behalf of Montgomery County Municipal Utility District No. 128A, as
Obligee, and hereinafter called “Owner,” in the amount equal to 50% of the total contract price,
in the penal sum of ________________________________________ ($_______________), for
the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the ___ day of ____________________, 20_____, for construction of:

The Woodlands Hills ___________________

to serve

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 CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall repair any and all defects in said work occasioned by or resulting from defects in
materials furnished by, or workmanship of, the Principal in performing the work covered by the
Contract, occurring within a period of one year beginning on the date of termination of the
Performance Bond as required under this Contract, in accordance with the provisions of the
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 Section
53.202 of the Texas Property 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.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on this date, the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority
of its governing body.

(seal) (CONTRACTOR NAME)

WITNESS: BY:

(SURETY)

WITNESS: BY:

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ____________________________________, certify that I am the Secretary of the Corporation

named as Principal in the within bond; that
____________________________________________, who signed the said bond on behalf of the
Principal, was then __________________________________, of said corporation, that I know his
signature and his signature thereto is genuine and that said bond was duly designed, and attested
for in behalf of said corporation by authority of its governing body.

(Corporate Seal)

Subscribed and sworn to before me, the undersigned authority, on this day of
__________________________ _________________, 20_____.

Notary Public in and for Montgomery County

 EXHIBIT C

LEGAL DESCRIPTION
LEGAL DESCRIPTION
 EXHIBIT D

GENERAL CONDITIONS
 GENERAL CONDITIONS OF THE CONTRACT

DEFINITION OF TERMS

1. OWNER, DEVELOPER, CONTRACTOR AND ARCHITECT-ENGINEER (A-E)

The Owner, the Developer, the Contractor and the A-E are those mentioned as such in the
Contract. They are treated throughout the Contract Documents as if each were of the singular
number and masculine gender. The words "Engineer”, Architect", "Architect-Engineer" or “A-E”
shall be understood as referring to the project representative as may be authorized by the
Developer to act within the authority outlined in the Contract Documents. The Architect-Engineer
is the Architect-Engineer of the Owner and the Developer and nothing contained in the Contract
Documents shall create any contractual or agency relationship between the A-E and the
Contractor.

2. SUBCONTRACTOR

The term "subcontractor," as employed herein, includes only those having a contract with the
Contractor to perform any of the work at the site and it includes one who furnishes material
worked to a special design according to the Drawings or Specifications of this work, but does not
include one who merely furnishes material not so worked.

3. CONTRACT DOCUMENTS

The Contract Documents listed in Section 13 of the Contract together constitute the Contract
between Developer and Contractor, 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 – the Contract and these General Conditions of the
Contract, Special Conditions of the Contract, the Drawings and Specifications, Performance,
Payment and Maintenance Bonds, Special Bond (if any), Unit Prices and Quantities or Lump Sum
Contract Prices in the Proposal. As between the Drawings and the Specifications, the Drawings
govern over the Specifications for quantity and location and the Specifications govern over the
Drawings for quality and performance. As between Drawings, figured dimensions on Drawings
govern over scale Drawings without figured dimensions. In case of discrepancies between the
Contract Documents and the requirements of any Governing Agencies (City, County, etc.) having
jurisdiction over the Work, the more stringent requirement will govern.

4. 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 upon
deposit in the U.S. Mail, postage prepaid by certified or registered mail to the last business
address for whom the notice is to be given, known to him who gives the notice.

D-1
5. WORK

It is the declared and acknowledged intention and meaning of these Contract Documents to
provide and secure park and recreational facilities, complete and ready for use. All work and
materials shall be provided in strict conformity with the Contract Documents.

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies,
machinery, equipment, tools, equipment rentals, superintendence, labor, services, taxes,
insurance and all water, light, power, fuel, transportation and other facilities reasonably
necessary rot the execution and completion of the work covered by the Contract Documents, in
accordance with this Contract. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of 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.

6. WORKING DAY AND CALENDAR 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 principle units of the work for a continuous period of not less than 7 hours
between 7:00 a.m. and 7:00 p.m. A calendar day is defined as any day indicated on the calendar,
including Saturdays, Sundays and holidays.

GENERAL OBLIGATIONS AND RESPONSIBILITIES

7. LINES AND GRADES

Unless otherwise specified, the Contractor shall, at its own expense, furnish and maintain all lines
and grades, based upon a base line and bench mark established by the Owner, the Developer, or
the A-E. The lines and grades shall be checked periodically by the Contractor. The Contractor shall
take immediate steps to correct errors or inconsistencies in all Work involved so that it shall be
in conformity with established lines and grades and the Drawings and Specifications. The
Contractor shall be fully responsible for the accuracy of the Work and the correction of such Work
if required.

The control set by the owner will be in NAD27 not NAD83.

8. A-E'S AUTHORITY AND DUTY

The A-E will be the Owner's and Developer’s representative during construction. The duties,
responsibilities and limitations of the authority of the A-E as the Owner's and Developer’s
representative during construction are as set forth in the Contract Documents and shall not be
extended or limited without written consent of the Developer and A-E.

D-2
The A-E may make periodic observations to familiarize himself generally with the progress and
quality of the Work and to determine in general if the Work is proceeding in accordance with the
Contract Documents. The A-E's scope of authority does not include the expenditure of added
funds through changes, disbursement of funds to Contractors, or supervision of the Contractor's
men or his subcontractors. The A-E will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work of the Contractor. In order to prevent delays and disputes and to discourage litigation,
it is further agreed that the A-E shall initially determine the amounts and quantities of the several
kinds of work which are to be paid for under this Contract and shall clarify questions between
the Contractor and the Owner and Developer in relation to said Work and the construction
thereof. The A-E estimate and findings shall be the conditions precedent to the right of the parties
thereto to any action on the Contract, and to any rights of the Contractor to receive any money
under this Contract, provided, however, that should the A-E render any decision or give any
direction which, in the opinion of either party hereto, is not in accordance with the meaning and
intent of this Contract, either party may pursue his other remedies with respect thereto. It is the
intent of the Contract that there shall be no delay in the execution of the Work, therefore, the
written decision or directions of the A-E as rendered shall be promptly carried out, and any claim
arising therefrom shall be thereafter adjusted by the parties to the controversy.

The A-E shall, within a reasonable time, render and deliver to the Owner, the Developer and the
Contractor a written decision on all claims of the parties hereto and on all claims of the parties
hereto and on all questions which may arise relative to the execution of the Work or the
interpretation of the Contract, Specifications and Drawings.

The Contractor shall furnish all reasonable aid and assistance required by the subordinate
architects, engineers, project representatives, or inspectors for the on-site observation of the
Work.

Any questioned Work may be ordered taken up or removed for re-examination, upon Owner’s
or Developer’s request, prior to final acceptance, and if found not in accordance with the
Specifications for said Work, all expense of removing, reexamination and replacement shall be
borne by the Contractor, otherwise, the expense thus incurred shall be allowed as added Work,
and shall be paid for by the Developer, provided that, where inspection or approval is specifically
required by the Specifications prior to performance of certain Work, should the Contractor
proceed with such Work without requesting prior inspection or approval, he shall bear all
expense of taking up, removing and replacing this Work.

9. CONTRACTOR'S DUTY AND SUPERINTENDENTS

The Contractor shall give adequate attention to the faithful prosecution and completion of this
Contract in a good and workmanlike manner, 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.

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10. CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to
the nature and location of the Work, the confirmation 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. No verbal Contract or
conversation with any officer, agent or employee of the Owner or Developer, either before or
after the execution of this Contract, shall affect or modify any of the terms or obligations herein
contained.

11. CHARACTER OF WORKMEN

The Contractor agrees to employ only orderly and competent men, skillful in the performance of
the type of Work required under this Contract, to do the Work and agrees that whenever the
Developer shall inform him in writing that any man or men on the Work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from the Work and
shall not again be employed on the Work without the Owner’s or Developer’s written consent

12. SHOP DRAWINGS

The Contractor shall review, stamp with his approval and submit, with reasonable promptness
and in orderly sequence so as to cause no delay in the Work, four checked copies, unless
otherwise specified, of all shop drawings, samples and schedules required. Shop drawings,
schedules, and interim erection sketches prepared by the Contractor, his subcontractors or
vendors, are for the Contractor's use and benefit, to indicate his approach to fulfilling overall
design concept. The A-E's checking is an interim review of the project against overall design
concept and shall not be constructed as final acceptance of the Work, or as a waiver of Contract
Document requirements.

Changes shall be requested separately and in writing. By approving and submitting shop
drawings, the Contractor thereby represents that he has determined and verified all field
measurements, field construction criteria (sequences of erection, access ports, etc.) catalog
numbers and similar data. The Contractor is responsible for dimensions (which shall be confirmed
at the job site), quantities, coordinating component parts and trades to affect a satisfactory end
result or to meet Contract Documents, construction techniques, safety of incremental units, and
satisfactory performance of the Work in accordance with the Contract Documents. Failure of the
Contractor to check shop drawings and to include his stamp of approval on these drawings will
likely result in delays. Any such delays shall be the Contractor's responsibility.

Where literature is submitted covering a group or series of similar items, the item intended for
use shall be clearly indicated, identified and labeled. Drawings shall be submitted showing
revisions to equipment layouts due to use of alternate or substitute equipment.

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13. PRELIMINARY REVIEW AND ACCEPTANCE

The A-E shall not have the power to waive the obligations of this Contract for the furnishing by
the Contractor of good material, and of his performing good work as herein described, and in full
accordance with the Drawings and Specifications and this Contract. No failure or omission of the
A-E to condemn any defective Work or material shall release the Contractor from the obligations
to at once tear out, remove and properly replace the same at any time upon request prior to
expiration of any specified warranty.

14. DEFECTS AND THEIR REMEDIES

It is further agreed that if the Work or any part thereof, of any material brought on the site of the
Work for use in the Work or selected for the demo, shall be deemed by the A-E as unsuitable or
not in conformity with the Contract Documents, the Contractor shall, after receipt of written
notice thereof from the Owner or Developer, forthwith remove such material and rebuild or
otherwise remedy such Work so that it shall be in full accordance with the Contract Documents.

15. CHANGES AND ALTERATIONS

The Contractor further agrees that the Owner or Developer may make such changes and
alterations as the Owner or Developer may see fit in the line, grade, form, dimension, drawings
or materials for the Work herein contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of the Contract Documents and
accompanying bonds where required.

If such changes or alterations diminish the quantity of the Work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the Work that may be
dispensed with, except as hereinafter provided for unit price items.

If the amount of the Work is increased, and the Work can fairly be classified under the
Specifications, such increase shall be paid for according to the quantity actually done and at the
unit price, if any, established for such Work under this Contract, except as otherwise provided
for unit price items under subsection entitled Estimated Quantities For Unit Price Contract. If no
unit price has been established nor any unit price agreed to, then such additional Work shall be
paid for as provided under "Added Work". In case the Owner or Developer shall make such
changes or alterations as shall make useless any Work already done or material already furnished
or used in said Work through no fault of Contractor, then the Developer shall recompense the
Contractor for any material or labor so used, and for any actual loss occasioned by such change,
due to actual expense incurred in preparation for the Work as originally planned.

16. DRAWINGS AND SPECIFICATIONS

The Contractor shall be furnished with sufficient copies of all Drawings and Specifications without
expense to him, and shall keep one copy of the same constantly accessible on the Work site.

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The Contractor shall maintain in proper order and in good clean conditions in the field office at
the Work site one copy of all Drawings, Specifications, addenda, approved shop drawings, change
orders and other modifications, in good order and marked to record all changes made during
construction. On this set of Drawings, the contractor shall neatly inscribe and print, with red pen,
the final locations, sizes and types of the various items of work such as pipe, valves, manholes,
equipment control devices, access openings, structures and other facilities. At the completion of
the Work, and before final acceptance, Contractor must deliver this set of documents to the
Developer.

The Drawings consist of plans, sections, elevations and details drawn to scale and these may be
supplemented from time to time by detail drawings on a larger scale and full size drawings as
may be required to properly illustrate the intent and meaning of the general or small scale
drawings. Drawings do not include shop drawings.

Shop drawings are used as an aid in coordination and accomplishment of the Work, but their
review by A-E is not a waiver of Contract drawing or specification requirements, unless the
Contractor separately requests approval in writing for deviation from Drawings and
Specifications and such deviations are approved by written change order of the Developer.

Additional copies of Drawings and Specifications required for the Work will be furnished the
Contractor, if he so desires, upon payment of the cost thereof. Additional copies shall be
reproduced from the originals only by printing the tracings, and in no case shall any portion of
the original drawings be traced by the Contractor, or his agents.

All Drawings, Specifications and copies thereof furnished by the A-E shall not be reused on other
work or projects, and with the exception of the signed Contract sets, are to be returned to the A-
E on request, at the completion of the Work. Models, if any, are the property of the Owner.

17. RIGHT OF ENTRY

The Owner and Developer reserve the right to enter the properly or location on which the Work
herein contracted for is to be constructed or installed by such agent or agents as they may elect,
for the purpose of inspecting the Work, or for the purpose of constructing or installing such
collateral work as said Owner and/or Developer may desire.

18. DISCREPANCIES AND OMISSIONS

It is further agreed that it is the intent of this Contract that all Work must be done and all material
must be furnished in accordance with the generally accepted practice, and in the event of any
discrepancies between the separate Contract Documents, the priority of the interpretation
defined under "Contract Documents" shall govern.

19. EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT

The Contractor shall be responsible for the care, preservation, conservation and protection of all
materials, supplies, machinery, equipment, fools, apparatus, accessories, facilities, all means of
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construction, and any and all parts of the Work, whether the Contractor has been paid, partially
paid, or not paid for such Work, until the entire Work is completed and accepted.

20. DAMAGES

In the event the Contractor is damaged in the course of the completion of the Work by the
negligence, or default of the Owner or Developer, thereby causing loss to the Contractor, the
Owner or Developer agrees that the applicable party will reimburse the Contractor for such loss.
In the event the Owner or Developer is damaged in the course of the Work by the negligence, or
default of the Contractor, or should the Contractor unreasonably delay the progress of the Work
being done by others on the job so as to cause loss for which the Owner or Developer becomes
liable, then the Contractor shall reimburse the Owner or Developer for such loss.

21. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC

The Contractor shall take out and procure a policy or policies of workmen's compensation
insurance with an insurance company licensed to transact business in the State where the Work
is located, which policy shall comply with the Workmen's Compensation Law of the said State.
The Contractor shall at all times exercise reasonable precautions for the safety of employees and
others on or near the Work and shall comply with all applicable provisions of Federal, State, and
Municipal safety laws and building and construction codes. All machinery and equipment and
other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of the Associated General Contractors of America except where incompatible
with Federal, State or Municipal laws or regulations or Owner's or Developer’s safety regulations,
if any. The Contractor shall provide such machinery, guards, safety walkways, ladders, bridges,
gangplanks, barricades, lights, and other safety devices as may be considered requisite to the
prevention of accidents. The safety precautions actually taken and their adequacy shall be the
sole responsibility of the Contractor, acting at his discretion as an independent Contractor.

The Contractor agrees to indemnify, save and hold harmless the Owner, the Developer and A-E
from all claims, demands, or causes of action, whether for property damage, personal injuries or
death, and all court costs and attorney's fees, arising or growing out of the performance of the
Contract by the Contractor, but any such indemnify shall not apply to any claim of any kind arising
out of the existence or character of the Work, nor to any claim, damage, loss or expense which
is attributable in whole or in substantial part to negligence of the A-E, Owner or Developer. The
Contractor shall take out and procure a policy or policies of indemnity insurance covering the
above.

In any and all claims against the Owner, Developer or the A-E or any of their agents or employees
by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any subcontractor under
Workmen's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts.

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22. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

Unless otherwise specified, the Contractor, prior to the signing of the Contract, will execute a
Performance Bond in the sum of 100 percent of the total Contract price for the satisfactory
performance of the Work and fulfillment of any guarantees required, also a Payment Bond in the
sum of 100 percent of the total Contract price, to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the Contract and Maintenance Bond for
half the amount of the contract to guarantee fulfillment of the maintenance standards outlined
in the contract. Such bonds shall be substantially in the forms attached under Exhibit “B.” Unless
otherwise approved by the Owner or Developer in writing, the bonding company shall be one
whose name appears on the current list published by the United States Treasury Department of
Accepted Sureties, or the bonding company shall furnish a certificate from the State Board of
Insurance Commissioners bearing date not more than five days prior to the date bond is so
tendered for approval. Premiums shall be paid by the Contractor and shall be considered as
included in the bid amount, whether or not itemized, and shall meet any other minimum criteria
established by the District.

23. LOSSES FROM NATURAL CAUSES

All loss or damage to the Contractor, arising out of the nature of the Work to be done, or from
the action of the elements, or from any unforeseen circumstances in the prosecution of the same,
or from unusual obstructions or difficulties which may be encountered in the prosecution of the
Work, shall be sustained and borne by the Contractor at his own cost and expense.

24. PROTECTION OF ADJOINING PROPERTY

The Contractor shall take proper means to protect the adjacent or adjoining property of
properties in any way encountered, which might be injured or seriously affected by any process
of construction to be undertaken under this Contract, from any damage or injury by reason of
said process of construction, and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property. THE CONTRACTOR AGREES TO
INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER, DEVELOPER AND THE A-E AGAINST ANY
CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING
PROPERTY, ARISING OUT OF THE PERFORMANCE OF THE CONTRACT, BUT ANY SUCH INDEMNITY
SHALL NOT APPLY TO ANY CLAIM OF ANY KIND ARISING OUT OF THE EXISTENCE OR CHARACTER
OF THE WORK.

25. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, VENDORS, ETC.

THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY AND SAVE THE OWNER, DEVELOPER AND
A-E HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL DEMANDS OF
SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN AND FURNISHERS OF
MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, AND ALL SUPPLIES, INCLUDING
COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. The
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove

D-8
designated have been paid, discharged or waived, as provided in the signed Contract. If the
Contractor fails to do so, then the Owner or Developer may at Owner's or Developer’s option
either pay directly any unpaid bills or claims of which the Owner or Developer has written notice,
and charge Contractor therefore, or withhold from the Contractor's unpaid compensation a sum
of money deemed reasonably sufficient to liquidate any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to the Contractor shall be resumed in full, in accordance with the terms of this Contract,
but in no event shall the exercise by Owner or Developer of the option provided in this paragraph
be construed to impose any obligation upon the Owner or Developer or to constitute a release
or waiver of the duties of the Contractor or his surety.

26. PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION

The Contractor shall pay all royalties and license fees, and shall provide for use of any design,
device, material or process covered by letters patent or copyright by suitable legal Contract with
the patentee. The Contractor shall protect and save harmless the Owner, Developer and A-E from
all and every demand for damages, royalties or fees on any patented invention used by him in
connection with the Work done or material furnished under this Contract, including any patented
material, machinery, appliance or invention specified in this Contract.

27. LAWS AND ORDINANCES

THE CONTRACTOR SHALL AT ALL TIMES OBSERVE AND COMPLY WITH ALL FEDERAL, STATE AND
LOCAL LAWS, ORDINANCES AND REGULATIONS WHICH IN ANY MANNER AFFECT THE CONTRACT
OR THE WORK, AND SHALL INDEMNIFY AND SAVE HARMLESS THE OWNER, DEVELOPER AND A-E
AGAINST ANY CLAIM ARISING FROM THE VIOLATION OF ANY SUCH LAWS, ORDINANCES, AND
REGULATIONS WHETHER BY THE CONTRACTOR OR HIS EMPLOYEES EXCEPT WHERE SUCH
VIOLATIONS ARE CALLED FOR BY THE PROVISIONS OF THE CONTRACT DOCUMENTS. If the
Contractor observes that the Drawings and Specifications are at variance therewith, he shall
promptly notify the A-E in writing and any necessary changes in the Work. If the Contractor
performs any Work knowing it to be contrary to such codes, ordinances, rules and regulations,
he shall bear all such costs arising therefrom. In case the Owner or Developer is or becomes a
body politic and corporate, the law from which it derives its powers, insofar as the same regulates
the objects for which, or the manner in which, or the conditions under which the Owner or
Developer may enter into contract, shall be controlling, and shall be considered as part of this
Contract to the same effect as though embodied herein.

28. ASSIGNMENT AND SUBLETTING

The Contractor further agrees that he will retain adequate control and will give sufficient
attention to the fulfillment of this Contract and that he will not assign by Power of Attorney, or
otherwise, or sublet said Contract without the written consent of the Developer, and that no part
or feature of the Work will be sublet to anyone objectionable to the Developer. The Contractor
further agrees that the subletting of any portion or feature of the Work, or materials required in

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the performance of this Contract, shall not relieve the Contractor from his full obligations to the
Developer, as provided by this Contract.

PROSECUTION AND PROGRESS

29. TIME AND ORDER OF COMPLETION

It is the meaning and intent of this Contract, unless otherwise herein specifically provided that
the Contractor shall be allowed to prosecute the Work at such times and seasons, in such order
or precedence, and in such manner as shall be most conducive to economy of construction,
provided, however, that the order and time of prosecution shall be such that the Work shall be
substantially completed as a whole and in part, in accordance with this Contract, the Drawings
and Specifications and within the time of completion designated in the Contract - provided, also,
that when the Owner or Developer is having other work done, either by contract or by his own
force, the time and manner of constructing the Work done under this Contract shall be such that
conflict will be avoided and the construction of the various works being done for the Owner or
Developer shall be harmonized by the Contractor.

Unless otherwise scheduled in the signed Contract or the schedules incorporated therein, the
Contractor shall submit, at such times as may reasonably be requested by the A-E, schedules
which shall show the order in which the Contractor proposes to carry on the Work, with dates at
which the Contractor will start the several parts of the Work, and estimated dates of completion
of the several parts.

The terms “substantial completion” and "substantially completed” mean that the Project has
been made suitable for use and occupancy and the facility is in condition to serve its intended
purpose, but still may require minor miscellaneous Work and adjustment not material to or
harmful to such use, occupancy or service.

30. EXTENSION OF TIME

Should the Contractor be delayed in the completion of the Work by any act or neglect of the
Owner or Developer, or by changes ordered in the Work, or by strikes, lock outs, fires, and
unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's
control, then a reasonable extension of time shall be allowed for completing the Work, sufficient
to compensate for the delay, the amount of the extension to be determined by the Owner or
Developer. All claims for extension of time shall be made in writing to the Developer no more
than ten working days after the occurrence of the delay or after the cause of the delay has
become apparent of otherwise they shall be deemed waived. In the case of a continuing cause
of delay, only one Claim is necessary.

31. HINDRANCES AND DELAYS

No claims shall be made by the Contractor for damages resulting from hindrances or delays from
any cause (except where the Work is stopped contrary to the schedule of Work and through fault

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of the Owner or Developer) during the progress of any portion of the Work embraced in this
Contract. Delays caused by other contractors or subcontractors, through no fault of the Owner
or Developer, shall not be a basis of claim by the Contractor herein.

MEASUREMENT AND PAYMENT

32. QUANTITIES AND MEASUREMENT

No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, solid contents, number and weight only shall be considered unless
otherwise specifically provided.

33. ESTIMATED QUANTITIES FOR UNIT PRICE CONTRACT

[This Section Applicable only to Unit Price Contracts] This Contract, including the Drawings and
Specifications, is intended to show clearly all Work to be done and materials to be furnished
hereunder. Where the estimated quantities are shown of the various classes of Work to be done
and material to be furnished under the Contract they are approximate and are to be used only
as a basis for estimating the probable cost of the Work and for comparing the proposals offered
for the Work. It is understood and agreed that the actual amount of Work done and material to
be furnished under this Contract may differ from these estimates, and that where the basis for
payment under this Contract is the unit price method, payment shall be for the actual amount of
such Work done and the material furnished.

Where payment is based on the unit price method, the Contractor agrees that he will make no
claim for damages, anticipated profits or otherwise on account of any differences which may be
found between the quantities of Work actually done, the material actually furnished under this
Contract and the estimated quantities contemplated and contained in the Proposal.

Any revised consideration is be determined by Contract between the parties, otherwise be the
terms of this, Contract, as provided under Added Work.

34. PARTIAL PAYMENTS

Before the first application for payment on lump sum contracts, the Contractor shall submit to
the A-E, a schedule of values of the various portions of the Work, including quantities as required,
aggregating the total Contract sum. Each item shall include its proper share of overhead and
profit. This schedule of values, when approved by the A-E, shall be used as a basis for review of
applications for payment.

The Contractor shall submit to the A-E, on or before the 10th day of each month, an application
for partial payment, and, if required, receipts or other vouchers, showing his payments for
materials and labor, including payments to subcontractors. The A-E shall review the statement
for its correctness concerning the quantity of the Work done up to and including the last day of
the preceding month - said statements shall include the value of all sound materials in place or
fabricated into the Work, and 75 percent of all sound materials delivered on site, but not in place.
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The Developer shall then pay the Contractor on or before the 20th day of the month following
such month the total amount of the approved statement, less 10 percent of the amount thereof,
which 10 percent shall be retained until final payment and further less all previous payments and
further sums that may be retained by the Developer under the terms of this Contract.

35. USE OF COMPLETED PORTIONS

The Owner or Developer shall have the right to take possession of and use any completed or
partially completed portions of the Work, notwithstanding that the time established for the
completion or partial completion of such Work may not have expired - but such taking possession
and use shall not be deemed an acceptance of any Work not completed in accordance with the
Contract Documents. If said prior use increases the cost of or delays the Work, the Contractor
shall be entitled to such extra compensation, or extension of time, or both as the Owner or
Developer may determine.

36. FINAL COMPLETION AND ACCEPTANCE

Within ten days after the Contractor has given the A-E written notice that the Work has been
completed, or substantially completed, the A-E and the Developer shall inspect the Work and
within said time, if the Work be found to be completed or substantially completed in accordance
with the Contract Documents, the A-E shall recommend to the Developer that a certificate of
acceptance of the Work be issued to the Contractor.

37. FINAL PAYMENT

Upon completion, the A-E shall proceed to make final measurements and prepare the final
statement of the value of all Work performed and materials furnished under the terms of the
Contract and shall report to the Developer who shall pay to the Contractor on or after the 30th
day, and before the 35th day, after the date of the certificate of acceptance, the balance due the
Contractor under the terms of this Contract, provided the Contractor has fully performed his
contractual obligations under the terms of this Contract - and said payment shall become due in
any event upon said performance of the Contractor Neither the certificate of acceptance nor the
final payment, nor any provisions in the Contract Documents, shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the Special Conditions or
technical sections of the Specifications.

Nether the final payment nor the remaining retained percentage shall become due until the
Contractor submits appropriate affidavits of payment of all bills, consent of the Contractor's
surety, or other data as may be requested by the Developer.

38. PAYMENT WITHHELD

The Developer may, on account of subsequently discovered evidence, withhold or nullify the
whole-or part of any payment to such extent as may be necessary to protect himself from loss
on account of:

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 38.1 Defective Work not remedied.
38.2 Claims filed or reasonable evidence indicating probable filing of claims.
38.3 Failure of the Contractor to make Damage to another contractor.
38.4 Damage to another contractor.
38.5 Reasonable doubt that the Work can be completed for the unpaid balance of the
Contract sum.
38.6 Reasonable indication that the Work will not be completed within the Contract
time.
38.7 Breach of any of the terms of this Contract by the Contractor.

When the above grounds are removed or the Contractor provides a surety bond satisfactory to
the Developer, which will protect the Owner and Developer in the amount withheld, payment
shall be made for the amount withheld because of them.

39. DELAYED PAYMENTS

Should the Developer fail to make payment to the Contractor of the sum named in any partial or
final statement, when payment is due, then the Developer shall pay the Contractor, in addition
to the sum shown as due by such statement, interest thereon at the rate of six percent per
annum, unless otherwise specified, from date due as provided under "Partial Payment" and "Final
Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of
such delay in payment, but the right is expressly reserved to the Contractor in the event
payments not be promptly made, as provided under "Partial Payments," to at any time thereafter
treat the Contract as abandoned by the Developer and recover compensation, as provided under
"Abandonment of Contract," unless such payments are withheld in accordance with the
provisions of this Contract.

ADDED WORK AND CLAIMS

40. ADDED WORK

The term "added work" as used in this Contract shall be understood to mean and include all work
that may be required by the Developer to be done by the Contractor to accomplish any change,
alteration or addition to the Work.

It is agree that the Contractor shall perform all added work when presented with a written work
order signed by the Developer. It is also agreed that the compensation be paid the Contractor for
performing said added work shall be determined by one or more of the following methods.

40.1 Method (A) - by agreed unit prices, or

40.2 Method (B) - by agreed lump sum, or

40.3 Method (C) - If neither Method (A) nor Method (B) be agreed upon before the
added work is commenced, the Contractor shall be paid the actual field cost of the Work, plus
fifteen percent.
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In the event said added work be performed and paid for under Method (C), then the provision of
this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workmen, such as foremen, time-keepers, mechanics and laborers, and materials, supplies,
teams, trucks, rentals or machinery and equipment, for the time actually employed or used on
such added work, plus actual transportation charges necessarily incurred, together with all
necessary incidental expenses incurred directly on account of such added work including social
security, old age benefits and other payroll taxes, and a ratable proportion of premiums on
construction and maintenance bonds, public liability and property damage and workmen's
compensation, and all other insurance as may be required by any law or ordinances, or directed
by the Developer. The Developer may direct the form in which accounts of the actual field cost
shall be kept, and the books of the Contractor including such accounts shall be open for
examination by the Developer. The Developer may specify in writing, before the Work
commences, the method of doing the Work and the type and kind of machinery and equipment
to be used - otherwise these matters shall be determined by the Contractor. Unless otherwise
agreed upon, the prices for the use of the Contractor's machinery and equipment shall be
determined by the current schedule of average ownership expense adopted the Associated
General Contractors of America, incorporated. The Contractor shall determine such costs in
accordance with the schedule and submit the expense per working month in dollars for approval.
The Contractor shall select variables used in determining the expense per working month based
on his experience and usage of equipment, climatic conditions, etc. - however, all such variables
shall be approved and shall be subject to certain limitations hereinafter specified. The "total
ownership expense," expressed as a percentage of the capital investment, shall not exceed the
average percentages indicated. The number of working months per year shall not be less than
the average indicated and the Developer reserves the right to increase the number of working
months used in the calculations when deemed appropriate. An additional factor for replacement
costs will not be allowed and percentages shall be based upon the return of the original capital
investment. The Contractor shall not include insurance, taxes, interest, etc. on equipment as part
of the actual field cost as defined above as such costs are included in the formula for determining
expense per working month. Minor or field repairs to equipment will be regarded as part of the
normal or operating costs to be included in the actual field cost. Equipment in good operating
condition will be permitted for use. Equipment requiring excessive number of adjustments,
lubrications, or minor repairs, or equipment requiring repairs, which are deemed to be major
repairs, in the opinion or judgment of the A-E, shall not be used in the Work. Calculations of daily
rates, or rates based on double shifts or triple shifts will be in accordance with the
recommendations of the Associated General Contractors, Inc. Where practicable, the terms and
prices for the use of machinery and equipment shall be incorporated in the written added work
order. The fifteen percent of the actual field cost to be paid the Contractor shall cover and
compensate him for his profit, overhead, general superintendence and field office expense, and
all other elements of cost and expense not embraced within the actual field cost herein defined
save that where the Contractors camp or field office must be maintained primarily on account of
such added work - then the cost to maintain and operate the same shall be included in the actual
field cost.

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No claim for added work of any kind will be allowed unless ordered in writing. In case any orders
or instructions, either oral or written, appear to the Contractor to involve added work for which
he should receive compensation or an adjustment in the construction time, he shall make written
request to the Developer (through the A-E) for written order authorizing added work. Should a
difference of opinion arise as to what does or does not constitute added work, or as to the
payment therefore, and the Developer insists upon its performance, the Contractor shall proceed
with the Work after making written request for written order and shall keep an accurate account
of the actual field cost thereof as provided under Method (C). The Contractor will thereby
preserve the right to adjudicate payment.

41. TIME OF FILING CLAIMS

It is further agreed by both parties hereto that all questions of dispute or adjustment presented
by the Contractor shall be in writing and filed with the A-E and Developer within ten days after
the receipt of the interpretation or decision to which the Contractor desires to make exception.

ABANDONMENT OF CONTRACT

42. ABANDONMENT BY CONTRACTOR

In case the Contractor should abandon and fail or refuse to resume Work within ten days after
written notification to the Developer, or the A-E, or the Contractor fails to comply with the orders
of the A-E, when such orders are consistent with the Contract Documents, then, and in that
event, where a performance bond exists, the surety on the bond shall be notified in writing and
directed to complete the Work, and a copy of said notice shall be delivered to the Contractor.

After receiving said notice of abandonment the Contractor shall not remove from the Work any
machinery, equipment, tools, materials or supplies on the job, but the same, together with any
materials and equipment under contract for the Work, may be held for use on the Work by the
Developer or the surety on the construction bond, or another contractor in completion of the
Work - and the Contractor shall not receive any rental or credit therefore (except when used in
connection with added work, where credit shall be allowed as hereinbefore provided for), it being
understood that the use of such equipment and materials will ultimately reduce the cost to
complete the Work and be reflected in the final settlement.

Where there is no performance bond provided or in the case the surety should fail to commence
compliance with the notice for completion hereinbefore provided for, within ten days after
service of such notice then the Developer may provide for completion of the Work in either of
the following elective manners.

42.1 The Developer may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as said Developer may deem necessary to complete the
Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies
to said Contractor, and the expense so charged shall be deducted and paid by the Developer out
of such moneys as may be due, or that may thereafter at any time become due to the Contractor

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under and by virtue of this Contract. In case such expense is greater than the sum which would
have been payable under this Contract, if the same had been completed by said Contractor
and/or his surety shall pay the amount of such excess to the Developer.

42.2 The Developer under sealed bids, after five days’ notice published one or more
times in a newspaper having a general circulation in the County of the location of the Work, may
let. the contract for the completion of the Work under substantially the same terms and
conditions which are provided in the Contract in case of any increase in cost to the Developer
under the new contract, as compared to what would have been the cost under this Contract,
such increase shall be charged to the Contractor and the surety shall be and remain bound
therefore. However, should the cost to complete any such new contract prove to be less than
what would have been the cost to complete under this Contract, the Contractor and/or his surety
shall be credited there within.

When the Work shall have been substantially completed the Contractor and his surety shall be
so notified and certificates of acceptance, as provided under "Final Completion and Acceptance,"
shall be issued. A complete itemized statement of the Contract accounts shall then be prepared
and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety or
the Developer as the case may be, shall pay the balance due as reflected by said statement, within
fifteen days after the date of such certificate.

In the event the statement of accounts shows that the cost to complete the Work is less than
that which would have been the cost to the Developer had the Work been completed by the
Contractor under the terms of this Contract - or when the Contractor and/or his surety shall pay
the balance shown to be due by them to the Developer, then all machinery, equipment, tools,
materials or supplies left on the site of the Work shall be turned over to the Contractor and/or
his surety. Should the cost to complete the Work exceed the Contract price, and the Contractor
and/or his surety fail to pay the amount due to the Developer within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the
site of the Work, notice thereof, together with an itemized list of such equipment and materials,
shall be mailed to the Contractor and his surety at the respective addresses designated in this
Contract, provided however, the actual written notice given in any manner will satisfy this
condition After mailing, or other giving of such notice, such property shall be held at the risk of
the Contractor and his surety subject only to the duty of the Developer to exercise ordinary care
to protect such property. After fifteen days from the date of said notice the Developer may sell
such machinery, equipment, tools, materials or supplies and apply the net sum derived from such
sale to the credit of the Contractor and his surety. Such sales may be made at either public or
private sale, with or without notice, as the Developer may elect. The Developer shall release any
machinery, equipment, tools, materials, or supplies, which remain on the Work, and belong to
persons other than the Contractor or his surety, to their proper owners. The books on all
operations provided herein shall be open to the Contractor and his surety.

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43. ABANDONMENT BY DEVELOPER/OWNER

In case the Developer shall fail to comply with the terms of this Contract, and should fail or refuse
to comply with said terms within ten days after written notification by the Contractor, then the
Contractor may suspend or wholly abandon the Work, and may remove therefrom all machinery,
tools and equipment and all materials on the site of the Work that have not been included in
payments to the. Contractor and have not been wrought into the Work. And thereupon the A-E
shall make an estimate of the total amount earned by the Contractor, which estimate shall
include the value of all Work actually completed by said Contractor (at the prices stated in the
attached Proposal where unit prices are used), the value of all partially completed Work at a fair
and equitable price, and the amount of all added work performed at the prices agreed upon, or
provided for by the terms of this Contract, and a reasonable sum to cover the cost of any
provisions made by the Contractor to carry the whole Work to completion and which cannot be
utilized The A-E shall then make a final statement of the balance due the Contractor by deducting
from the above estimate all previous payments by the Developer and all other sums that may be
retained by the Developer under the terms of this Contract and shall certify same to the
Developer who shall pay to the Contractor (on or after the 30th day, and before the 35th day,
after the date of the notification by the Contractor) the balance shown by said final statement as
due the Contractor, under the terms of this Contract.

44. INDEMNITY

44.1 Contractor assumes responsibility for all injury or damages of any kind, including
damage to existing facilities or property, or to the Work of other contractors or
subcontractors working on the Project, arising out of Contractor’s Work or activities, and
Contractor shall to the fullest extent permitted by law defend, indemnify and hold
harmless Developer, Owner and their direct and indirect parents and subsidiaries, all
of their respective affiliated entities, successors and assigns and all of their respective
current or future directors, officers, agents, employees, partners, and members of any of
them (collectively, “Indemnitees” and individually “Indemnitee”) from and against:

44.1.1 all claims, damage, loss, liability, settlement payments, cost and expense,
interest, awards, judgments, diminution in value, fines, fees, penalties and other
charges (collectively, “Claims”) arising out of, related to, or in any way connected
with, one or more of the following: (a) any defects in the Work, or the
performance or nonperformance of any Work; (b) any warranty, repair, or
corrective work required as a result of any defect in the Work; (c) any act,
omission, or breach by Contractor or any subcontractor in connection with
this Contract or any other of the Contract Documents (including, without
limitation, Contractor’s performance of the Work and delay in timely prosecuting
the Work to substantial completion); (d) any liens resulting from failure of
Contractor or any Subcontractor to pay the lien claimant; (e) any environmental
damage, release, discharge, disposal, transportation, storage, handling or use by
Contractor or any subcontractor of any hazardous materials; and (f) any accident,

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 lack of safety, or unsafe condition related to the Work causing any personal injury
or damage to any persons or property.

44.1 all court filing fees, court costs, arbitration fees and costs, witness fees,
and all other fees and costs of investigating and defending or asserting any claim
for indemnification under this Contract, including, without limitation, in each
case, attorneys’ fees, other professionals’ fees, and disbursements (collectively,
“Litigation Expenses”).

44.1 The indemnification provision in Section 45 and its subsections, and all other
indemnification provisions of this Contract in favor of Developer and Owner, are
intended to comply with applicable Laws and Regulations, including Texas
Insurance Code Sections 151.102 through 151.151, and should be construed as
broadly as possible to satisfy that intent. Accordingly, except as may be otherwise
expressly provided in Section 45.2.1, Contractor’s obligations under each
indemnification provision in this Contract should be construed to apply regardless
of whether the Claims and Litigation Expenses are caused in part by the negligence
of an Indemnitee, but only to the extent such Claims and Expenses are caused by
the actual or alleged negligence or fault, violation of statute, ordinance,
governmental regulation, standard or rule, or breach of contract by Contractor,
its agent, employee or subcontractor of any tier, or vendor of any tier.

44.2 Notwithstanding anything to the contrary in Section 45.2, to the maximum extent
permitted under Texas Insurance Code Section 151.103, Contractor shall
indemnify, defend and hold harmless the Indemnitees against all Claims and
Litigation Expenses arising out of bodily injury to, or death of, any employee or
agent of Contractor or any of its subcontractors or vendors, REGARDLESS OF
WHETHER THE BODILY INJURY OR DEATH IS CAUSED OR ALLEGED TO BE CAUSED,
IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY INDEMNITEE, IT BEING THE
EXPRESS INTENT OF THE PARTIES THAT IN SUCH EVENT CONTRACTOR IS TO
INDEMNIFY AND DEFEND THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR
OWN NEGLIGENCE.

44.3 Contractor’s obligations under Section 45 (and all other indemnification provisions
of this Contract in favor of any Indemnitee) apply whether or not the Claims and
Litigation Expenses arise out of or are based on principles of contract, tort, strict
liability or product liability.

44.4 Contractor may not settle any Claims without the consent of Indemnitees unless:
(a) all monetary damages payable in respect of the Claim are paid by Contractor;
(b) the Indemnitees receive a full, complete and unconditional release in respect
of the Claim without any admission or finding of obligation, liability, fault or guilt
(criminal or otherwise) with respect to the Claim, and (c) no injunctive,
extraordinary, equitable or other relief of any kind is imposed on the Indemnitees.

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 44.5 The Indemnitees may employ separate counsel at Contractor’s expense if,
after providing written notice of objection (a) Contractor has failed to
adequately assume and actively conduct the defense of such Claims and to
employ counsel with respect thereto; or (b) in the reasonable opinion of the
Indemnitees a conflict of interest exists between the interests of the
Indemnitees and Contractor that requires representation by separate counsel.

44.6 In any and all Claims against one or more Indemnitees by any employee of
Contractor, anyone directly or indirectly employed by Contractor, or anyone
for whose acts Contractor may be liable, the indemnification obligation under
Section 45 is not to be construed as limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
Contractor under workers’ or workmen’s compensation acts, disability benefit
acts or other employee benefit acts.

44.7 If the Laws and Regulations governing this Contract do not allow the above-
referenced indemnity, this Section 45 is to be construed as providing for the
broadest indemnity by Contractor as permitted by law.

44.8 The rights and obligations described in Section 45 and its subsections survive
termination of this Contract.

45. BURNING REGULATIONS

In order to meet the requirements of the Texas Air Control Board; suggestions of the Texas Forest
Service; and to protect the natural environment of The Woodlands Hills, the following regulations
governing the burning of trees, stumps, brush, and disposal of construction waste materials shall
be adhered to by all companies and their personnel engaged in disposal activities:

45.1 LAND CLEARING

• Only TACB approved trench burning will be allowed.
• Prior to commencing burning operations, a permit must be obtained from the local Fire
• Department. Burning may be commenced after 9:00 AM. Material which will not be
completely consumed before 5:00 PM shall not be added to the fire.
• Trenches shall have a 20 foot fire break completely surrounding them.
• Trenches shall not be located closer than 20 feet from any vegetation such as brush and
trees.
• Trees, brush, etc., being cleared in right-of-ways, whose width is 50 feet or less, shall be
removed to designated open burning areas. No fires or burning will be allowed within 20
feet clear distance of trees and un-cleared areas.
• All burning shall constantly be attended by a competent watchman and performed in such
a manner that adjacent property or surrounding vegetation will not be jeopardized.

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• The wind direction at the time of starting the burn must be away from any nearby
residence, recreational, commercial, or industrial areas.
• The burning must be at least 300 feet from any residence, recreational, commercial or
industrial area, except those located on the property where the burning is to take place.
• Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any
material other than dry plant growth, which may produce unreasonable amounts of
smoke, must not be burned.
• Trees should be allowed to dry for approximately 2 weeks before being burned and it is
recommended that trees be burned in small groups.
• If the burning will cause smoke to blow onto or across the highway or other public
thoroughfares or roads, it is the responsibility of the person initiating the burning to post
flagmen on affected roads in accordance with the requirements of the Department of
Public Safety or as required by the representative responsible for the project where the
burning is taking place.
• Burning within an area shall be staggered so that total atmospheric loads of smoke are
minimized.
• Burning shall not be conducted when meteorological forecasts predict wind movement
of less than 6 miles per hour or greater than 23 miles per hour, or when a significant shift
in wind direction is predicted which could produce adverse effects to personnel, animals,
or property during the burning period.
• Burning shall not be conducted during periods of actual or predicted persistent (12 hours
or more) low level (below 1,600 feet) atmospheric inversions or in areas covered by a
current air stagnation advisory.
• All affected personnel are cautioned to exercise extreme care in operations in proximity
to pipeline and utility right-of-ways so as not to disturb or otherwise jeopardize them in
anyway, including burning operations. It is the responsibility of persons performing
burning operations in close proximity to pipe and utility right-of-ways to notify and
coordinate activities with the respective companies. A list of utility companies and their
representatives may be obtained from the Land of Development Department.

45.2 BUILDING MATERIALS

• No burning of building and construction waste is allowed.
• All waste must be disposed of in State approved land fill dumps.

45.3 GENERAL
• It is required by the local Fire Department that a permit be obtained from the Fire Chief's
office to store or bring on site, flammable materials in excess of 55 gallons.
• Seasonal and daily conditions bill vary and, therefore, all personnel involved in disposing
of waste materials by burning are required to follow the recommendations of the local
Fire Department, which may be more stringent that those specified above.
• These regulations in no way assume contractor's responsibility to use good judgment in
performance of work involving operations described above or in meeting contract
requirements.

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 45.4 REFERENCES
Memo - August 24, 1972; American Engineering Associates, Inc., summarizing requirements
of the Texas Air Control Board. Texas Forest Service Recommendations.
CDCC Burning Plan, March 20, 1973, as submitted and approved by the Texas Forest Service.
Texas Air Control Board; Regulation 1, Rule 101, Outdoor Burning. (Revised 10/31/75)

[END OF GENERAL CONDITIONS]

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 EXHIBIT E

SPECIAL CONDITIONS
 SPECIAL CONDITIONS

1. LINES AND GRADES

The contractor shall furnish and maintain lines and grades at his own expense. Control lines and a
reference bench mark have been established. The contractor may be called upon to make periodic checks
at selected locations during the construction period to demonstrate that the work is being performed to
established base lines and bench marks.

2. TIME OF COMPLETION

The work shall be completed in full within the number of calendar days stated in the Proposal form. Unless
otherwise stipulated, the contractor shall commence work no later than 10 working days after receipt of
Notice to Proceed.

3. GUARANTEE

The contractor shall furnish Owner and Developer with a written guarantee on all workmanship and
materials provided by him for the project. The written guarantee shall be made out to the Owner and
Developer and in a form satisfactory to the A-E, guaranteeing all the work under the contract to be free
from faulty materials in every particular, and free from improper workmanship, and against injury from
proper and usual wear - and agreeing to replace or no execute without cost to the Owner or Developer
such work as may be found to be improper or imperfect, and to make good all damage caused to other
work or material, due to such defective work or due to its required replacement or re-execution. This
guarantee shall be made to cover a period of one year from the date of completion of all work under the
contract, as evidenced by the Owner’s or Developer’s Certificate of Acceptance of the work Neither the
Certificate of Acceptance, final payment or any provision in the contract documents shall relieve the
contractor of the responsibility for neglect or faulty material or workmanship during the period covered
by the guarantee.

4. SUBSTITUTIONS

The contractor shall use only new materials in the permanent structure. The finished work shall not
include materials used for temporary purposes.

Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner
or Developer to discriminate against an equal product of another manufacturer, but rather to set a
definite standard of quality or performance, and to establish an equal basis for the evaluation of bids.
Items identified by a manufacturer’s name and model designation or their equal shall be complete in
every respect and shall be provided as specified. To qualify an item as equal to that specified the
contractor shall submit evidence that the material is equal in quality, workmanship, appearance, finish
and all other characteristics as specified by the named manufacturer. Where called for in these
specifications, the contractor shall submit test data from an approved independent testing laboratory to
show compliance with all characteristics specified. The Owner or Developer may accept the
manufacturer’s certificates of compliance in lieu of the required laboratory tests. The specifically
designated item shall be used, unless a substitute has been approved in writing by the Owner or
Developer.

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It is the contractor’s responsibility to allow ample time for the Owner or Developer to consider proposed
substitutions.

5. TEMPRARY WATER AND ELECTRICITY DURING CONSTRUCTION

The contractor shall make all arrangements required with the local utility companies for obtaining
temporary electric power and water service and shall bear all expenses involved. The contractor shall
make all connections, furnish all necessary extensions, and remove same upon completion of the work.

6. SANITARY FACILITIES

The contractor shall provide and maintain sanitary facilities at locations satisfactory to the Owner or
Developer, for use by the employees of the contractor. They shall be well-ventilated, but provide proper
concealment, and shall be kept scrupulously clean at all times by the contractor. The facilities shall be
removed and the site restored to its original condition upon the completion of the work. All such facilities
shall conform to the requirements of the State and local health authorities, ordinances, and laws.

7. TESTING, INSPECTION AND CONTROL

Testing and inspection of materials required by these specifications shall be by a commercial testing
laboratory. The laboratory shall be selected by the Owner or Developer and payment for services shall be
made by the Owner or Developer, except as noted in the following paragraphs:

7.1 The cost of laboratory services required to establish mix design for Portland Cement
concrete and asphaltic concrete matures Portland cement concrete and asphaltic concrete
mixtures shall be borne by the contractor. The contractor shall pay for the cost of analysis of
aggregates, fixing gradations, the preparation and testing of design cylinders or specimens and
other such services required to establish mix design, or to redesign the mix when required due to
change in source of materials or other conditions not caused by the Owner or Developer.

7.2 Payment for services of laboratory required by the technical specifications for control of
the work, such as the testing of concrete cylinders made on the job, shall be made by the
contractor.

7.3 Tests required to establish optimum moisture of earth and base materials and to
determine required comp active effort to meet density requirements shall be the responsibility
of the contractor. Density and other tests required for field control will be made at the expense
of the Owner or Developer.

7.4 The contractor shall run the necessary tests for design of lime stabilized, or cement
stabilized subgrade.

7.5 The contractor shall furnish all materials and test specimens for testing as selected by the
Owner or Developer unless otherwise stipulated. The contractor shall make cylinders or beams
using recognized procedures recommended by the testing laboratory.

7.6 Mill tests will be required for reinforcing steel and cement, and mill certificates will be
acceptable when it is definite that the test sheets apply to the material being supplied. Grading
and inspection of preservative treatment of timbers and other wood by the manufacturers

E-3
 inspectors will likewise be acceptable, provided it is grade marked and trademarked by the
association under whose rules it is graded.

7.7 The contractor shall pay for such tests or inspections performed exclusively for the
contractor’s convenience and for such re-tests caused by initial non-conformance of the materials
with the contract documents.

8. PERMITS

Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured
and paid for by the contractor. Easements, rights-of-way and instruments of a permanent nature shall be
secured and paid for by the Owner or Developer.

9. CUTTING, PATCHING AND FITTING

The contractor shall perform all cutting, patching or fitting of his work that may be required to make its
several parts come together properly and m it to receive or to be received by work of others shown on,
or reasonably implied by the drawings and specifications, for the completed facility. The contractor shall
not endanger any work by cutting, digging, or otherwise shall not cut or alter the work of others unless
specifically noted on the drawings and specifications.

10. OPERATIONS AND BUSINESS OF OWNER AND DEVELOPER

It is of great importance that the Owner’s and Developer’s operations meet with a minimum of
interference resulting from the work required by these contract documents. The contractor shall,
therefore, conduct his work in such a manner as to permit these continued operations and so as not to
interfere with the business of the Owner or Developer. The contractor shall use the route of entry
designated by the Developer and restrict all his vehicles and personnel to this route and to the site. The
blocking or hindering of traffic will not be permitted.

11. SEPARATE CONTRACTS

The Owner and Developer reserve the right to let other contracts in connection with this work. The
contractor shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work, and where required, shall properly connect and coordinate his
work with theirs.

12. RIGHTS OF VARIOUS INTERESTS

Wherever work being done by other contractors is contiguous to work covered by this contract, the
respective rights of the various interests involved shall be established by the Owner or Developer, to
secure the completion of the various portions of the work in general harmony.

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13. STORAGE OF MATERIALS

Watertight storage facilities of suitable size, with floors raised above the ground, shall be provided for all
types of materials liable to damage from exposure to the weather at the Contractors expense. Other
materials shall be stored on blocks off the ground. Materials shall be so placed as to permit easy access
for proper inspection and Identification. Any material, which has deteriorated, become damaged or
otherwise unfit for use, shall not be used in the work. Upon completion of all work, or when directed, the
contractor shall remove storage facility construction from the site

14. COORDINATION WITH DEVELOPER

The contractor shall keep in daily contact with the Developer and shall have someone responsible for the
conduct of the job on the jobsite at all times during work and with whom instructions of the Developer
can be given.

15. SAFETY AND INCONVENIENCE TO THE PUBLIC

The safety of the public and the convenience of traffic shall be regarded as of prime importance. Traffic
along and across roadways shall be provided for, as well as ingress and egress to private property, all as
specified herein or as directed by the Owner or Developer. All operations shall be planned and executed
in a manner that will cause minimum interference with traffic. The approval of the proposed plan of
operation, sequence of work, and methods of providing for the safe passage of traffic shall be secured
from Owner or Developer before it is placed into operation. If at any time during construction, the
approved plan does not accomplish the intended purpose, due to weather or other conditions affecting
the safe handling of traffic, the necessary changes therein to correct the unsatisfactory conditions shall
immediately be made.

15.1 All work such as backfilling of excavations, repairs to roads and drives, and clean-up or
other such operations shall follow as closely as practical to the laying or installing operations, in
such manner that the public is not unnecessarily inconvenienced nor a hazard to the public safety
created. If the work forces or equipment are insufficient to such a degree that the public is
inconvenienced, measures shall be taken to remedy the problem. The Owner or Developer may
require such changes in work forces and equipment necessary to prevent or remedy unnecessary
inconvenience to the public or hazard to the public safety. The notice of such required changes
will be made in writing.

15.2 At night or otherwise, all equipment not in use shall be stored in such manner and at such
locations as not to interfere with the safe passage of traffic. Flagmen shall be provided and
maintained at such points and for such periods of time as may be required to provide for the
safety and convenience of public travel and contractor’s personnel, and as directed by the Owner
or Developer.

15.3 Public safety shall be the direct responsibility of the contractor. The contractor shall
provide barricades, lights, and warning and detour signs as required.

16. UNDERGROUND OBSTACLES

Pipelines and other existing underground installations and structures in the vicinity of the work are shown
on the drawings according to the best information available to the Owner or Developer. The Owner and

E-5
Developer do not guarantee the accuracy of such information. The contractor shall make every effort to
locate all underground pipelines, conduits, cables and structures by contacting owners of the
underground installations and by prospecting in advance of trench excavation. The repair of existing
installations cut by the contractor shall be made at the expense of the contractor, and shall be scheduled
so as to cause the least possible inconvenience to the public and to the owners of the installations. Any
delays or extra cost to the contractor caused by pipelines, conduits, cables or other underground
structures or obstructions not shown by the drawings or found in location different from those indicated,
shall not constitute a claim for extra work, additional payment or damages.

17. OCCUPATIONAL SAFETY AND HEALTH STANDARDS

The work and the contractor’s operational activities shall comply with the applicable provisions of the
Department of Labor, safety and health regulations for construction and applicable occupational safety
and health standards.

Safety and health of contractors and employees performing work for HF Holding Company, LLC is the
responsibility of each successful contractor. However, coordination between all contractors and public
agencies providing safety support services is essential. All contractors should be familiar with the public
safety providers within City of Conroe. These include but are not limited to the City of Conroe Public
Safety Departments, Montgomery County Sheriff’s Department, Montgomery County Hospital District
Emergency Medical Services and others. The requirements of State and Federal Safety, health and
environmental standards, codes, rules and regulations shall be adhered to while performing work for The
HF Holding Company, LLC.

18. EXAMINATION OF SITE

The contractor shall make an examination of the site of the work to familiarize himself with the conditions
to be encountered. The actual site and the drawings and specifications shall be compared. The exact
location of sewers, water mains, gas mains, above or below ground electrical wires and conduits, surfaces
of site and structures which may interfere with the work shall be verified. No extra compensation will be
allowed for any work made necessary due to unusual conditions or obstacles encountered during the
progress of the work, which could have been determined during a site visit.

19. RECORD DRAWINGS

The contractor shall provide and maintain in proper order and in good clean conditions in the field office
at the project site, one complete set of blue line prints of all working drawings. On this set of drawings,
the contractor shall neatly inscribe and print, with red pen, the final locations, sizes and types of the
various items of work such as pipe, valves, manholes, equipment control devices, access openings,
structures and other facilities. At the completion of the work, and before final acceptance, this set of
prints shall be delivered to the Developer.

20. CARE OF TREES

This work is being performed in a nature preserve. No trees shall be removed without permission of the
Owner, Developer or their representative. Needless damage to trees, which are to remain, shall be
prevented. The Contractor will be liable for any removal of, or damage to, any trees.

E-6
21. CLEARING OPERATIONS

When clearing in areas containing excess moisture as a result of either run-off or ground water, the
contractor is required to pile, push or gather material away from these areas for further handling and
disposal. The contractor is further required, when operating in areas described above, or wetlands, to
exert supreme care and avoid unnecessary crisscrossing of the area with equipment, vehicles, etc., even
if the area is to be totally excavated. Clearing in these areas shall be accomplished with the blade of the
dozer raised so that no scraping of the surface will result and the debris shall be gathered away from the
area.

22. BASE LINE AND BENCH MARK

Base line and bench mark shall be checked by Owner or Developer upon substantial completion of the
contract. Controls found damaged or destroyed shall be replaced by the Owner or Developer at the
contractor’s expense. The cost for replacement shall be made to the Owner or Developer prior to
payment of final retention and issue of Certification of Completion.

23. STATE SALES TAX

The Developer is holder of a Texas Direct Payment Exemption Certification and thus the Contractor shall
not collect sales and use taxes attributable to the tangible personal property to be incorporated into the
Work. The Contract is a “Separated Contract” under Comptroller of Public Accounts, 3 Tex. Admin.
Code §3.291 (December 27, 1988). In addition to or in lieu of the foregoing, sales tax should be
excluded under §151.309, Texas Tax Code, as the Project is being let by the Developer on behalf
of the District. The Contractor represents that it and each of its subcontractors now hold or will
obtain a Texas limited Sales, Excise and Use Tax Permit and that all tangible personal property
required to be purchased and incorporated in the Work will be purchased by the Contractor or
its subcontractors under a resale certificate.

24. ENGINEER’S AUTHORITY AND DUTY

The Engineer will be the Developer’s representative during construction to the extent authorized by the
Developer. The duties, responsibilities and limitations of the authority of the Engineer as the Developer’s
representative during construction are as set forth in the contract documents and shall not be extended
or limited without written consent of the Developer and the Engineer. The Engineer may make periodic
observations to familiarize himself generally with the progress and quality of the work and to determine
if the work is proceeding in accordance with the contract documents. The Engineer’s scope of authority
does not include the expenditure of added funds through changes disbursement of funds to contractors,
or the contractor’s men or methods, techniques, sequences or procedures, or for the safety programs or
precautions in connection with the work of the contractor.

25. DRAWINGS

Accompanying these specifications, and forming an integral part thereof, are the following listed
drawings:

NOTE: PLEASE REFER TO EXHIBIT “F” INDEX OF PLANS

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26. MEASUREMENT AND PAYMENT

It is the intent of the proposal that the total bid amount as submitted shall cover all work required by the
contract documents. All costs in connection with the work, including furnishing of all materials,
equipment and tools, and performing all necessary labor to fully complete the work shall be included in
the unit prices named in the proposal. No item of work that is required by the contract documents for
the proper and successful completion of contract will be paid for outside of or in addition to the prices
submitted in the proposal. Change Orders resulting in changes to contract quantities will be issued after
completion of all contract work and field measurement of quantities. All work not specifically set forth in
the proposal as a pay item shall be considered a subsidiary obligation of the contractor and all costs in
connection therewith shall be included in the prices named in the proposal. The method of measurement
and basis of payment shall be as stipulated in the Technical Specifications.

27. APPROVAL AND ACCEPTANCE

The Contractor is to ensure that the construction will comply with the rules and regulations of
Montgomery County and/or City of Conroe. Further, the Contractor recognizes that the construction will
comply with the specifications of Montgomery County, City of Conroe and/or The Development Contract
between The City of Conroe, Texas and HF Holding Company, LLC and procuring the approval and
acceptance of the Project by Montgomery County and/or the City of Conroe is the responsibility of the
Contractor.

28. TRAFFIC

Contractors performing work requiring special traffic control signing, such as flagmen, barricades, etc.,
shall provide this signing. All signing shall conform to the Manual on Uniform Traffic Control.

When performing work requiring vehicles or equipment to be parked on the shoulder of streets, an
approved traffic hazard warning system shall be used, such as flagmen, traffic cones, flashing barricades,
etc. No construction equipment or vehicle is to be parked within three (3) feet of any thoroughfare
shoulder overnight. If it becomes necessary to leave equipment in a location, which may create a traffic
hazard, adequate warning devices, visible both day and night, shall be installed, and it is the responsibility
of the department or company creating the hazard to provide the approved signing.

It is the responsibility of the company performing work on or near any thoroughfare to keep the
thoroughfare cleared of any traffic hazards that are not properly marked as such.

29. FIRE

Notification must be given Conroe Fire Department prior to commencement of any land clearing burning
operation. See General Conditions 47, Burning Regulations for more detail.

30. EXCAVATION AND CONFINED SPACES

All excavations shall be marked with approved warning devices and barricaded or covered, when not
attended, in a manner sufficient to keep the motoring public and pedestrian traffic from harm.

Whenever entering a confined space, which may have an oxygen deficiency, such as manholes and tanks
or vessels entry procedure should be established and available at the work site.

E-8
31. CONFLICT IN SPECFICATIONS AND REGULATIONS

In case of discrepancies between Technical Specifications and Governing Agencies (City, County, etc.) the
most stringent will apply as directed / interpreted by the Owner.

[END OF SECTION]

E-9
 EXHIBIT F

INDEX OF PLANS
 INDEX OF PLANS

Overall Plan ....................................................................................... L1.00

Irrigation Plan .................................................................................... L1.01 – L1.05

Irrigation Details and Notes .............................................................. L1.06 – L1.07

Planting Plan...................................................................................... L2-01 – L2.05

Plating Details Notes and Schedule .................................................. L2.07

Construction Details and Schedule ................................................... L2.06

Maintenance Plan ............................................................................. M1.01 – M1.05

 EXHIBIT G

TAX CERTIFICATES
[END OF SECTION]
 EXHIBIT H

LIEN-RELATED FORMS
 CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Project: ______________________
Job No. ______________________

On receipt by the signer of this document of a check from ________________________ [maker

of check] in the sum of $______________________ payable to __________________________ [payee
or payees of check] and when the check has been properly endorsed and has been paid by the bank on
which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising
from a payment bond that complies with a state or federal statute, any common law payment bond
right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim
or payment rights for persons in the signer's position that the signer has on the property of
_______________________ [owner] located at _______________________ [location] to the following
extent: _______________________ [job description].

This release covers a progress payment for all labor, services, equipment, or materials furnished
to the property or to _______________________ [person with whom signer contracted] as indicated in
the attached statement(s) or progress payment request(s), except for unpaid retention, pending
modifications and changes, or other items furnished.

Before any recipient of this document relies on this document, the recipient should verify
evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this
progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and
suppliers for all work, materials, equipment, or services provided for or to the above referenced project
in regard to the attached statement(s) or progress payment request(s).

_________________________________ (Company name)

By: _____________________________________________
Signature
_____________________________________________
Printed Name (and title if signing for a company)
____________________________________________
Date

STATE OF TEXAS

COUNTY OF ____________

H-1
 Before me, on this ___ day of __________, 20__, personally appeared _____________________
(name of entity’s officer or agent), the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same as the act of __________________ (name of
entity), as its __________________ (title of entity’s officer or agent), for the purposes therein expressed.

_________________________________________________
NOTARY PUBLIC, in and for the State of Texas
[SEAL]
My Commission Expires: ________________________
.

H-2
 NOTICE:

This document waives rights unconditionally and states that you have been paid for giving up those
rights. It is prohibited for a person to require you to sign this document if you have not been paid the
payment amount set forth below. If you have not been paid, use a conditional release form.

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Project: ______________________
Job No. ______________________

The signer of this document has been paid and has received a progress payment in the sum of
$_________________ for all labor, services, equipment, or materials furnished to the property or to
________________ [person with whom signer contracted] on the property of ____________________
[owner's name] located at _______________________ [location] to the following extent:
__________________________ [job description]. The signer therefore waives and releases any
mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,
any common law payment bond right, any claim for payment, and any rights under any similar ordinance,
rule, or statute related to claim or payment rights for persons in the signer's position that the signer has
on the above referenced project to the following extent: This release covers a progress payment for all
labor, services, equipment, or materials furnished to the property or to ________________________
[person with whom signer contracted] as indicated in the attached statement(s) or progress payment
request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

The signer warrants that the signer has already paid or will use the funds received from this
progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and
suppliers for all work, materials, equipment, or services provided for or to the above referenced project
in regard to the attached statement(s) or progress payment request(s).

_________________________________ (Company name)

By: _____________________________________________
Signature
_____________________________________________
Printed Name (and title if signing for a company)
_____________________________________________
Date

STATE OF TEXAS

COUNTY OF ____________

H-3
 Before me, on this ___ day of __________, 20__, personally appeared _____________________
(name of entity’s officer or agent), the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same as the act of __________________ (name of
entity), as its __________________ (title of entity’s officer or agent), for the purposes therein expressed.

_________________________________________________
NOTARY PUBLIC, in and for the State of Texas
[SEAL]
My Commission Expires: ________________________

H-4
 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Project: ______________________
Job No. ______________________

On receipt by the signer of this document of a check from _______________________ [maker of

check] in the sum of $________________ payable to _______________________ [payee or payees of
check] and when the check has been properly endorsed and has been paid by the bank on which it is
drawn, this document becomes effective to release any mechanic's lien right, any right arising from a
payment bond that complies with a state or federal statute, any common law payment bond right, any
claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or
payment rights for persons in the signer's position that the signer has on the property of
______________________ [owner] located at _______________________ [location] to the following
extent: ____________________________ [job description].

This release covers the final payment to the signer for all labor, services, equipment, or materials
furnished to the property or to ______________________ [person with whom signer contracted].

Before any recipient of this document relies on this document, the recipient should verify
evidence of payment to the signer.

The signer warrants that the signer has already paid or will use the funds received from this final
payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers
for all work, materials, equipment, or services provided for or to the above referenced project up to the
date of this waiver and release.

_________________________________ (Company name)

By: _____________________________________________
Signature
_____________________________________________
Printed Name (and title if signing for a company)
____________________________________________
Date

STATE OF TEXAS

COUNTY OF ____________

Before me, on this ___ day of __________, 20__, personally appeared _____________________

H-5
(name of entity’s officer or agent), the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same as the act of __________________ (name of
entity), as its __________________ (title of entity’s officer or agent), for the purposes therein expressed.

_________________________________________________
NOTARY PUBLIC, in and for the State of Texas
[SEAL]

My Commission Expires: ________________________

H-6
 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Project: ______________________
Job No. ______________________

The signer of this document has been paid in full for all labor, services, equipment, or materials
furnished to the property or to ______________________ [person with whome signer contracted] on
the property of _______________________ [owner] located at _______________________ [location]
to the following extent: _____________________________ [job description]. The signer therefore
waives and releases any mechanic's lien right, any right arising from a payment bond that complies with
a state or federal statute, any common law payment bond right, any claim for payment, and any rights
under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's
position.

The signer warrants that the signer has already paid or will use the funds received from this final
payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers
for all work, materials, equipment, or services provided for or to the above referenced project up to the
date of this waiver and release.

_________________________________ (Company name)

By: _____________________________________________
Signature
_____________________________________________
Printed Name (and title if signing for a company)
_____________________________________________
Date

STATE OF TEXAS

COUNTY OF ____________

Before me, on this ___ day of __________, 20__, personally appeared _____________________
(name of entity’s officer or agent), the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same as the act of __________________ (name of
entity), as its __________________ (title of entity’s officer or agent), for the purposes therein expressed.

_________________________________________________
NOTARY PUBLIC, in and for the State of Texas
[SEAL]
My Commission Expires: ________________________

H-7
 EXHIBIT I

FORMS OF AFFIDAVITS
 BILLS PAID AFFIDAVIT – PROGRESS PAYMENTS
[ORIGINAL CONTRACTOR]

Original Contractor:

Developer: HF HOLDING COMPANY, LLC,

A Delaware limited Liability Company

Owner: HF HOLDING COMPANY, LLLC

A Delaware limited Liability Company

Project: The “Project” is generally described as __________________________, on real property

more particularly described in Exhibit C attached hereto and incorporated fully herein.

For Work accomplished through the ____ day of __________________, 20___ (Application No.
_____).
Amount of Contract: $________________.
Amount Due this Application: $ _____________________.
Amount of Retainage Withheld through Period Covered by this Application: $_______________.
Amounts Paid under Prior Applications:
Date of Application: Amount Paid:
$
$
$
$

A. In order to induce the Owner and/or Developer to pay to Contractor the Amount Due this
Application shown above, the undersigned officer or other authorized agent of Contractor hereby
certifies, under oath, as follows:

1. The undersigned officer has the title set out below and in such capacity is duly authorized
to make this affidavit on Contractor’s behalf;
2. All obligations of Contractor incurred in connection with Work covered by prior
Applications for Payment have been paid (except as specifically disclosed below);
3. title to all Work, materials and equipment incorporated in said Work or otherwise covered
by this Application for Payment will pass to Owner at time of payment, free and clear of all
liens, security interests and encumbrances (except as specifically disclosed below); and

I-1
 4. All Work covered by this Application for Payment has been completed in accordance with
the Contract Documents.

B. Contractor further certifies and represents to Owner that all laborers, subcontractors,
materialmen, and all other persons or parties who have provided labor or materials through, for,
or on behalf of Contractor to the above-noted construction Project through the date covered by
the last Application for Payment have been paid in full (except for retainage withheld as
authorized by the Contract Documents) and that Contractor is not aware of any claim for payment
or lien by such person or party for Work performed through the date covered by the last
Application for Payment except as follows:

[State "None" or fully describe all such claims and qualifications to the representations set forth
above, as applicable. Examples: work requested that is not yet documented by a change order to
the extent work has been done; faulty work not yet corrected. Attach additional sheets if
necessary.]

C. Contractor hereby represents and warrants that it will use the funds to be paid herein for
payment of all current or past due obligations arising from the Work performed on this project
through the date of this Application for Payment before Contractor uses any such funds for any
other purpose.

D. Contractor hereby acknowledges payment for all Work furnished by or through Contractor on
the above-noted Project through the date of the last Application for Payment, except for applicable
retainage withheld by Owner as set forth above.

E. Contractor shall indemnify Owner and Developer for any loss, damage or expense resulting
from false or incorrect information in this affidavit.

CONTRACTOR:
____________________________________________ [Insert Company Name]

By:
Signature

Printed Name and Title

Date:

SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me the undersigned notary on this

day of , 20 , by , of
, on behalf of said .

I-2
 _____________________________________________
NOTARY PUBLIC
[SEAL]
My Commission Expires: ________________________

I-3
 BILLS PAID AFFIDAVIT - PROGRESS PAYMENTS
[SUBCONTRACTOR]

Original Contractor:

Developer: HF HOLDING COMPANY, LLC,

A Delaware limited Liability Company

Owner: HF HOLDING COMPANY, LLLC

A Delaware limited Liability Company

Project: The “Project” is generally described as __________________________, on that

certain real property more particularly described on Exhibit "C" attached hereto and
incorporated fully herein.
Subcontractor:
Period Covered by this Application: Work through the ____ day of ______________, 20___.
Amount of Contract: $________________.
Amount Due this Application: $ _____________________.
Amount Retainage Withheld through Period Covered by this Application: $_______________.
Amounts Paid under Prior Applications:
Date of Application: Amount Paid:
$
$
$
$

A. In order to induce the Contractor to pay to Subcontractor the Amount Due this Application
shown above, the undersigned officer or other authorized agent of Subcontractor hereby
certifies, under oath, as follows:

1 the undersigned has the title set out below and in such capacity is duly authorized to
make this affidavit on Subcontractor’s behalf;

2 all obligations of Subcontractor incurred in connection with Work covered by prior

Applications for Payment have been paid (except as specifically disclosed below);
 3 title to all Work, materials and equipment incorporated in said Work or otherwise
covered by this Application for Payment will pass to Contractor or Owner at time of
payment, free and clear of all liens, security interests and encumbrances (except as
specifically disclosed below); and

4 All Work covered by this Application for Payment has been completed in accordance
with the Contract Documents.

B. Subcontractor hereby certifies and represents that all laborers, sub-subcontractors,

materialmen, and all other persons or parties who have provided labor or materials through, for,
or on behalf of Subcontractor to the above-noted construction project through the date covered
by the last Application for Payment have been paid in full and that Subcontractor is not aware
of any claim for payment or lien by such person or party for Work performed through the date
covered by the last Application for Payment except as follows:

[State "None" or fully describe all such claims and/or exceptions or qualifications to the
representations set forth above, as applicable. Examples: work requested that is not yet
documented by a change order to the extent work has been done; faulty work not yet corrected.
Attach additional sheets if necessary.]

C. Subcontractor hereby represents and warrants that it will use the funds to be paid herein for
payment of all current or past due obligations arising from the Work performed on this Project
through the date of this Application for Payment before Subcontractor uses any such funds for
any other purpose.

D. Subcontractor hereby acknowledges payment for all Work furnished by or through

Subcontractor on the above-noted project through the date of the last Application for Payment,
except for applicable retainage described above.

E. Subcontractor shall indemnify Owner and Developer for any loss, damage or expense
resulting from false or incorrect information in this affidavit.

SUBCONTRACTOR:
____________________________________________ [Insert Company Name]

By:
Signature

Printed Name and Title

Date:
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me the undersigned notary on this
day of , 20 , by , of
, on behalf of said .

___________________________________________
NOTARY PUBLIC
[SEAL]
My Commission Expires:

________________________
 BILLS PAID AFFIDAVIT – FINAL PAYMENT
[ORIGINAL CONTRACTOR]

Original Contractor:

Developer: HF HOLDING COMPANY, LLC,

A Delaware limited Liability Company

Owner: HF HOLDING COMPANY, LLLC

A Delaware limited Liability Company

Project: The “Project” is generally described as __________________________, on real

property more particularly described in Exhibit "C" attached hereto and incorporated
fully herein.

Contract: that certain contract for construction of the improvements for the Project dated
___________________, 20__, including all amendments and modifications thereto
(the "Contract")

Amount of Contract: $
Amount due this Application: $
Amount Retainage Withheld through Period Covered by this Application: $

Amounts Paid under Prior Applications:

Date of Application: Amount Paid:
$
$
$
$

In order to induce the Owner and/or Developer to pay to Contractor the final amount of $
due under the Contract between Owner and Contractor for construction of the
improvements to the Project described above, including all change orders and claims for
additional compensation and extras, the undersigned officer or other authorized agent of
Contractor hereby certifies, under oath, as follows:

1. The undersigned has the title set out below and in such capacity is duly authorized to
make this affidavit on Contractor’s behalf;
 2. All obligations of Contractor incurred in connection with the Work or arising from the
Contract have been paid (except as specifically disclosed below);
3. title to all Work, materials and equipment incorporated in said Work have passed to
Owner free and clear of all liens, security interests and encumbrances (except as
specifically disclosed below); and
4. All Work has been fully completed in accordance with the Contract Documents.

Contractor hereby represents and certifies that all laborers, subcontractors, materialmen, and all
other persons or parties who have provided labor or materials through, for, or on behalf of
Contractor to the above-noted Project have been paid in full and Contractor is not aware of any
claim for payment or lien by such person or party, including sub-subcontractors and suppliers,
for Work performed except as follows:

[Itemize]
Contractor hereby acknowledges payment for all Work furnished by or through Contractor on
the above-noted Project.

Contractor shall indemnify Owner and Developer for any loss, damage or expense resulting from
false or incorrect information in this affidavit.

CONTRACTOR
____________________________________________ [Insert Company Name]

By:
Signature

Printed Name and Title

Date:

SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me the undersigned notary on this

day of , 20 , by , of
, on behalf of said .

___________________________________________
NOTARY PUBLIC
[SEAL]
My Commission Expires:

________________________
 BILLS PAID AFFIDAVIT – FINAL PAYMENT
[SUBCONTRACTOR]

Original Contractor:

Developer: HF HOLDING COMPANY, LLC,

A Delaware limited Liability Company

Owner: HF HOLDING COMPANY, LLLC

A Delaware limited Liability Company

Project: The “Project” is generally described as __________________________, on that certain

real property more particularly described on Exhibit C attached hereto and incorporated fully
herein.
Subcontractor:

Amount of Contract: $ .
Amount due this Application: $ .
Amount of Retainage Withheld through Period Covered by this Application: $ .
Amounts Paid under Prior Applications:
Date of Application: Amount Paid:
$
$
$
$

In order to induce the Owner and/or Developer to pay Contractor and to induce Contractor to
pay Subcontractor the final amount of $ due under the
Subcontract between Contractor and Subcontractor for construction of the improvements to the
Project described above, including all change orders and claims for additional compensation and
extras (the "Subcontract"), the undersigned officer of Subcontractor hereby certifies, under oath,
as follows:

1. The undersigned officer has the title set out below and in such capacity is duly authorized
to make this affidavit on Subcontractor’s behalf;
2. All obligations of Subcontractor incurred in connection with the Work or otherwise arising
from the Subcontract have been paid (except as specifically disclosed below);
 3. title to all Work, materials and equipment incorporated in said Work and furnished by or
through Subcontractor have passed to Owner free and clear of all liens, security interests
and encumbrances (except as specifically disclosed below); and
4. All Work under the Subcontract or otherwise required to be performed by Subcontractor
for the Project has been completed in accordance with the Contract Documents.

Subcontractor hereby represents and certifies that all laborers, subcontractors, materialmen,
and all other persons or parties who have provided labor or materials through, for, or on behalf
of Subcontractor to the above-noted Project have been paid in full and Subcontractor is not
aware of any claim for payment or lien by such person or party, including sub-subcontractors
and suppliers, for Work performed except as follows:

[Itemize]

Subcontractor hereby acknowledges payment for all Work furnished by or through Subcontractor
on the above-noted Project other than the final amount due set forth above.

Subcontractor shall indemnify Owner and Developer for any loss, damage or expense resulting
from false or incorrect information in this affidavit.

SUBCONTRACTOR:
____________________________________________ [Insert Company Name]

By:
Signature

Printed Name and Title

Date:

SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me the undersigned notary on this

day of , 20 , by , of
, on behalf of said .

___________________________________________
NOTARY PUBLIC
[SEAL]
My Commission Expires:

________________________
EXHBIT J

MUD MAP
 EXHIBIT K

PROJECT FORMS
 SITE SURVEY CERTIFICATION

PROJECT:

PROJECT No.:

FROM:
CONTRACTOR: ________________________________________________
____________________________________________________________
____________________________________________________________

TO:
HF HOLDING COMPANY, LLC
1790 Hughes Landing Blvd., Suite 600
The Woodlands, Texas 77380

1.01 DESCRIPTION OF REQUIREMENTS

CONTRACTOR verify all existing site conditions, and confirm points of connections to
existing improvements, including confirmation of elevations and grades of existing
facilities and utilities prior to starting any grading, paving or utility installation.
Verification of locations and functions of each existing structure or system and all existing
utility grades and invert elevations is the contractor’s responsibility. Notify the engineer
of any discrepancies immediately. Any conflicts or errors between existing field
conditions and engineering plans must be resolved prior to starting excavation or setting
any gravity sewer (storm or sanitary) and appurtenances.

This applies to all contracts that involve connections to, or installation of:
a.
b.
c.
d.

1.02 ACKNOWLEDGMENT BY CONTRACTOR (Signed at BID)

CONTRACTOR hereby acknowledges this requirement and agrees to perform necessary

topographic and site prior to commencing work on specified items. This Certification
will not change the total Contract Price or Time of Performance.

CONTRACTOR Signature Date

CONTRACTOR Title

K-3
 REQUEST FOR INFORMATION FORM

1. PROJECT No.: 2. RFI No.:

3. PROJECT NAME:

4. CONTRACTOR:

5. CONTRACT No.:

6. SPECIFICATION Nos.:

7. DRAWING Nos.:

8. RESPONSE CODE: [_] CRITICAL [_] ROUTINE 9. DATE RESPONSE

REQUIRED:__________

10. INFORMATION REQUIRED:

11.
CONTRACTOR (Signature) TITLE DATE

12. RESPONSE:

13.
PROJECT MANAGER (Signature) DATE

14. If Contractor believes the response given in Item 12 requires an adjustment in Contract
Price or Contract Time, Contractor shall submit a timely proposal so as not to delay
Contractor’s Work

K-4
Contractor Information FORM

Contractor’s full legal name: ____________

The Contractor is organized as a:
☐ Corporation
Date and State of Incorporation: ____________
Executive Officers (Names and Addresses): ____________
☐ Professional Corporation
Date and State of Incorporation: ____________
Executive Officers (Names and Addresses): ____________
☐ Partnership
Date and State of Organization: ____________
Type of Partnership: ☐ General ☐ Limited ☐ Limited Liability ☐Other:
Current General Partners (Names and Addresses): ____________
☐ Joint Venture
Date and State of Organization: ____________
Joint Venturers: (For each indicate the name, address and form and state of organization,
as well as the managing or controlling Joint Venturer, if applicable.)
____________
____________
☐ Limited Liability Company
Date and State of Organization: ____________
Members (Names and Addresses): ____________
☐ Sole Proprietorship
Owner (Name and Address): ____________
☐ Other
Type of Organization: ____________
State of Organization: ____________
Owners and/or Principals (Names and Addresses): ____________

K-5
 CHANGE ORDER / CO. No.__________

PROJECT:

CONTRACT No.: PROJECT No.:

TO:
CONTRACTOR and
Address for Written Notice

REFERENCE RFIs/RFPs:

1.01 DESCRIPTION OF CHANGES CONTRACT CHANGE

AMOUNT TIME
ITEM 1 SCOPE: Days
JUSTIFICATION:
ITEM 2 SCOPE: Days
JUSTIFICATION:
ITEM 3 SCOPE: Days
JUSTIFICATION:
TOTALS: Days

1.02 ACCEPTANCE BY CONTRACTOR

CONTRACTOR agrees to perform change(s) included in this Change Order for the price
and time indicated. The prices for changes include costs associated with this Change
Order.

CONTRACTOR Signature and Title Date

1.03 ACCEPTANCE BY DEVELOPER

Project Manager Date

A-E Date

Contractor Date

END OF DOCUMENT

K-6
 EXHIBIT L

TECHNICAL SPECIFICATIONS
Clark Condon The Woodlands Hills
December 2021 Phase V Entries and Landscape

SECTION 011000 - SUMMARY

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes:

1. Project information.
2. Work covered by Contract Documents.
3. Phased construction.
4. Work under separate contracts.
5. Access to site.
6. Coordination with occupants.
7. Work restrictions.
8. Specification and drawing conventions.

1.2 PROJECT INFORMATION

A. Project Identification: 121-098 The Woodlands Hills Phase V Entries and Landscape.

1. Project Location: N. Teralyn Hills, N. Rivus Overlook, Nocturne Ridge Dr., and Teralyn Forest Dr.

B. Owner: HF Holding Company

1. Owner's Representative: Kelly Dietrich, (281) 719-6162, kelly.dietrich@howardhughes.com

C. Landscape Architect: Clark Condon Associates, 10401 Stella Link Road, Houston, Texas, 77025, 713-
871-1414.

1.3 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of the Project is defined by the Contract Documents and consists of the following:

1. Installation of planting, irrigation, sodding, understory clearing, concrete walks, and curb ramps.

B. Type of Contract.

1. Project will be constructed under a single prime contract.

1.4 WORK UNDER SEPARATE CONTRACTS

A. General: Cooperate fully with separate contractors so work on those contracts may be carried out
smoothly, without interfering with or delaying work under this Contract or other contracts. Coordinate the
Work of this Contract with work performed under separate contracts.

SUMMARY 011000 - 1
Clark Condon The Woodlands Hills
December 2021 Phase V Entries and Landscape

B. Concurrent Work: Owner will award separate contract(s) for the following construction operations at
Project site. Those operations will be conducted simultaneously with work under this Contract.

1. The Woodlands Hills Phase V Entry Signage: For Neighborhood monument signage and
electrical.

1.5 ACCESS TO SITE

A. General: Contractor shall have full use of Project site for construction operations during construction
period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other
contractors on portions of Project.

B. General: Contractor shall have limited use of Project site for construction operations as indicated on
Drawings by the Contract limits and as indicated by requirements of this Section.

1.6 COORDINATION WITH OCCUPANTS

A. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and
to place and install equipment in completed portions of the Work, prior to Substantial Completion of the
Work, provided such occupancy does not interfere with completion of the Work. Such placement of
equipment and limited occupancy shall not constitute acceptance of the total Work.

1. Retain subparagraphs below that describe procedures and requirements that may be necessary
before limited Owner occupancy of portions of Project. Revise to suit Project.
2. Landscape Architect will prepare a Certificate of Substantial Completion for each specific portion of
the Work to be occupied prior to Owner acceptance of the completed Work.
3. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Owner
occupancy.
4. Before limited Owner occupancy, mechanical and electrical systems shall be fully operational, and
required tests and inspections shall be successfully completed. On occupancy, Owner will operate
and maintain mechanical and electrical systems serving occupied portions of Work.
5. On occupancy, Owner will assume responsibility for maintenance and custodial service for
occupied portions of Work.

1.7 WORK RESTRICTIONS

A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets and other requirements of authorities having
jurisdiction.

B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7:00 a.m. to
7:00 p.m., Monday through Sunday, except as otherwise indicated.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless
permitted under the following conditions and then only after providing temporary utility services according
to requirements indicated:

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1. Notify Owner not less than two days in advance of proposed utility interruptions.
2. Obtain Owner's written permission before proceeding with utility interruptions.

D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration,
odors, or other disruption to Owner occupancy with Owner.

1. Notify Owner not less than two days in advance of proposed disruptive operations.
2. Obtain Owner's written permission before proceeding with disruptive operations.

E. Controlled Substances: Use of tobacco products and other controlled substances on the Project site is not
permitted.

1.8 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the
intended meaning of certain terms, words, and phrases when used in particular situations. These
conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words
"shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is
used within a sentence or phrase.
2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all
Sections in the Specifications.

C. Drawing Coordination: Requirements for materials and products identified on the Drawings are described
in detail in the Specifications. One or more of the following are used on the Drawings to identify materials
and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the
individual Specifications Sections.
2. Abbreviations: Materials and products are identified by abbreviations scheduled on Drawings.
3. Keynoting: Materials and products are identified by reference keynotes referencing Specification
Section numbers found in this Project Manual.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 011000

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SECTION 012300 - ALTERNATES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for alternates.

1.2 DEFINITIONS

A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the
bidding requirements that may be added to or deducted from the base bid amount if the Owner decides to
accept a corresponding change either in the amount of construction to be completed or in the products,
materials, equipment, systems, or installation methods described in the Contract Documents.

1. Alternates described in this Section are part of the Work only if enumerated in the Agreement.
2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to
incorporate alternates into the Work. No other adjustments are made to the Contract Sum.

1.3 PROCEDURES

A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the
alternate into Project.

1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items
incidental to or required for a complete installation whether or not indicated as part of alternate.

B. Execute accepted alternates under the same conditions as other work of the Contract.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012300

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SECTION 012500 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

1.2 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those
required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project
conditions, such as unavailability of product, regulatory changes, or unavailability of required
warranty terms.
2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in
order to meet other Project requirements but may offer advantage to Contractor or Owner.

1.3 SUBMITTALS

A. Substitution Requests: Submit three copies of each request for consideration. Identify product or
fabrication or installation method to be replaced. Include Specification Section number and title and
Drawing numbers and titles.

1. Substitution Request Form: Use CSI Form 13.1A, Substitution Request during the bidding phase.
2. Documentation: Show compliance with requirements for substitutions and the following, as
applicable:

a. Statement indicating why specified product or fabrication or installation cannot be provided,

if applicable.
b. Coordination information, including a list of changes or modifications needed to other parts
of the Work and to construction performed by Owner and separate contractors, that will be
necessary to accommodate proposed substitution.
c. Detailed comparison of significant qualities of proposed substitution with those of the Work
specified. Include annotated copy of applicable specification section. Significant qualities
may include attributes such as performance, weight, size, durability, visual effect,
sustainable design characteristics, warranties, and specific features and requirements
indicated. Indicate deviations, if any, from the Work specified.
d. Product Data, including drawings and descriptions of products and fabrication and
installation procedures.
e. Samples, where applicable or requested.
f. Certificates and qualification data, where applicable or requested.
g. List of similar installations for completed projects with project names and addresses and
names and addresses of architects and owners.

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h. Material test reports from a qualified testing agency indicating and interpreting test results
for compliance with requirements indicated.
i. Research reports evidencing compliance with building code in effect for Project.
j. Detailed comparison of Contractor's construction schedule using proposed substitution with
products specified for the Work, including effect on the overall Contract Time. If specified
product or method of construction cannot be provided within the Contract Time, include
letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase
order, lack of availability, or delays in delivery.
k. Cost information, including a proposal of change, if any, in the Contract Sum.
l. Contractor's certification that proposed substitution complies with requirements in the
Contract Documents except as indicated in substitution request, is compatible with related
materials, and is appropriate for applications indicated.
m. Contractor's waiver of rights to additional payment or time that may subsequently become
necessary because of failure of proposed substitution to produce indicated results.

3. Landscape Architect's Action: If necessary, Landscape Architect will request additional information
or documentation for evaluation within seven days of receipt of a request for substitution.
Landscape Architect will notify Contractor of acceptance or rejection of proposed substitution within
15 days of receipt of request, or seven days of receipt of additional information or documentation,
whichever is later.

a. Forms of Acceptance: Change Order, Construction Change Directive, or Landscape

Architect's Supplemental Instructions for minor changes in the Work.
b. Use product specified if Landscape Architect does not issue a decision on use of a
proposed substitution within time allocated.

1.4 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with

related products and materials. Engage qualified testing agency to perform compatibility tests
recommended by manufacturers.

PART 2 - PRODUCTS

2.1 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change,
but not later than 15 days prior to time required for preparation and review of related submittals.

1. Conditions: Landscape Architect will consider Contractor's request for substitution when the
following conditions are satisfied:

a. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
b. Requested substitution will not adversely affect Contractor's construction schedule.
c. Requested substitution has received necessary approvals of authorities having jurisdiction.
d. Requested substitution is compatible with other portions of the Work.
e. Requested substitution has been coordinated with other portions of the Work.

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f. Requested substitution provides specified warranty.

g. If requested substitution involves more than one contractor, requested substitution has been
coordinated with other portions of the Work, is uniform and consistent, is compatible with
other products, and is acceptable to all contractors involved.

PART 3 - EXECUTION (Not Used)

END OF SECTION 012500

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SECTION 012600 - CONTRACT MODIFICATION PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for handling and processing Contract
modifications.

1.2 MINOR CHANGES IN THE WORK

A. Landscape Architect will issue supplemental instructions authorizing minor changes in the Work, not
involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710, "Architect's
Supplemental Instructions."

1.3 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Landscape Architect will issue a detailed description of proposed
changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary,
the description will include supplemental or revised Drawings and Specifications.

1. Proposal Requests issued by Landscape Architect are not instructions either to stop work in
progress or to execute the proposed change.
2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation
estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the
change.

a. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
c. Include costs of labor and supervision directly attributable to the change.
d. Include an updated Contractor's construction schedule that indicates the effect of the
change, including, but not limited to, changes in activity duration, start and finish times, and
activity relationship. Use available total float before requesting an extension of the Contract
Time.
e. Quotation Form: Use forms acceptable to Landscape Architect.

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract,

Contractor may initiate a claim by submitting a request for a change to Landscape Architect.

1. Include a statement outlining reasons for the change and the effect of the change on the Work.
Provide a complete description of the proposed change. Indicate the effect of the proposed
change on the Contract Sum and the Contract Time.

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2. Include a list of quantities of products required or eliminated and unit costs, with total amount of
purchases and credits to be made. If requested, furnish survey data to substantiate quantities.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
4. Include costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor's construction schedule that indicates the effect of the change,
including, but not limited to, changes in activity duration, start and finish times, and activity
relationship. Use available total float before requesting an extension of the Contract Time.
6. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change
requires substitution of one product or system for product or system specified.
7. Proposal Request Form: Use form acceptable to Landscape Architect.

1.4 ADMINISTRATIVE CHANGE ORDERS

A. Allowance Adjustment: Refer to Division 01 Section "Allowances" for administrative procedures for
preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances.

B. Unit Price Adjustment: Refer to Division 01 Section "Unit Prices" for administrative procedures for
preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit
price work.

1.5 CHANGE ORDER PROCEDURES

A. On Owner's approval of a Proposal Request, Landscape Architect will issue a Change Order for
signatures of Owner and Contractor on AIA Document G701.

1.6 CONSTRUCTION CHANGE DIRECTIVE

A. Work Change Directive: Landscape Architect may issue a Work Change Directive on
AIA Document G714. Work Change Directive instructs Contractor to proceed with a change in the Work,
for subsequent inclusion in a Change Order.

1. Work Change Directive contains a complete description of change in the Work. It also designates
method to be followed to determine change in the Contract Sum or the Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required by the Work
Change Directive.

1. After completion of change, submit an itemized account and supporting data necessary to
substantiate cost and time adjustments to the Contract.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012600

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SECTION 012900 - PAYMENT PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements necessary to prepare and process
Applications for Payment.

1.2 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's

construction schedule.

1. Coordinate line items in the schedule of values with items required to be indicated as separate
activities in Contractor's construction schedule.
2. Submit the schedule of values to Landscape Architect at earliest possible date, but no later than
seven days before the date scheduled for submittal of initial Applications for Payment.

B. Format and Content: Use Project Manual table of contents and bid form as a guide to establish line items
for the schedule of values. Provide at least one line item for each Specification Section.

1. Arrange schedule of values consistent with format of AIA Document G703.

2. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of
Applications for Payment and progress reports. Provide multiple line items for principal subcontract
amounts in excess of five percent of the Contract Sum.
3. Provide a separate line item in the schedule of values for each part of the Work where Applications
for Payment may include materials or equipment purchased or fabricated and stored, but not yet
installed.

a. Differentiate between items stored on-site and items stored off-site.

4. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-
item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity.
Use information indicated in the Contract Documents to determine quantities.
5. Overhead Costs: Include total cost and proportionate share of general overhead and profit for each
line item.
6. Overhead Costs: Show cost of temporary facilities and other major cost items that are not direct
cost of actual work-in-place as separate line items.
7. Closeout Costs. Include separate line items under Contractor and principal subcontracts for Project
closeout requirements in an amount totaling five percent of the Contract Sum and subcontract
amount.
8. Schedule of Values Revisions: Revise the schedule of values when Change Orders or
Construction Change Directives result in a change in the Contract Sum. Include at least one
separate line item for each Change Order and Construction Change Directive.

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1.3 APPLICATIONS FOR PAYMENT

A. Each Application for Payment following the initial Application for Payment shall be consistent with previous
applications and payments as certified by Landscape Architect and paid for by Owner.

B. Payment Application Times: The date for each progress payment is indicated in the Agreement between
Owner and Contractor. The period of construction work covered by each Application for Payment is the
period indicated in the Agreement.

C. Payment Application Times: Submit Application for Payment to Landscape Architect by the 20th of the
month. The period covered by each Application for Payment is one month, ending on the last day of the
month.

1. Submit draft copy of Application for Payment seven days prior to due date for review by Landscape
Architect.

D. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for
Applications for Payment.

E. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to
sign legal documents on behalf of Contractor. Landscape Architect will return incomplete applications
without action.

1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use
updated schedules if revisions were made.
2. Include amounts for work completed following previous Application for Payment, whether or not
payment has been received. Include only amounts for work completed at time of Application for
Payment.
3. Include amounts of Change Orders and Construction Change Directives issued before last day of
construction period covered by application.

F. Transmittal: Submit three signed and notarized original copies of each Application for Payment to
Landscape Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien
and similar attachments if required or email copy in pdf format ensuring receipt.

1. Transmit each copy with a transmittal form listing attachments and recording appropriate
information about application.

G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from
entities lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered
by the payment.

1. Submit partial waivers on each item for amount requested in previous application, after deduction
for retainage, on each item.
2. When an application shows completion of an item, submit conditional final or full waivers.
3. Owner reserves the right to designate which entities involved in the Work must submit waivers.
4. Submit final Application for Payment with or preceded by conditional final waivers from every entity
involved with performance of the Work covered by the application who is lawfully entitled to a lien.
5. Waiver Forms: Submit executed waivers of lien on forms acceptable to Owner.

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H. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with
submittal of first Application for Payment include the following:

1. List of subcontractors.
2. Schedule of values.
3. Contractor's construction schedule (preliminary if not final).
4. Products list (preliminary if not final).
5. Sustainable design action plans, including preliminary project materials cost data.
6. Schedule of unit prices.
7. Submittal schedule (preliminary if not final).
8. List of Contractor's staff assignments.
9. List of Contractor's principal consultants.
10. Copies of building permits.
11. Copies of authorizations and licenses from authorities having jurisdiction for performance of the
Work.
12. Initial progress report.
13. Report of preconstruction conference.
14. Certificates of insurance and insurance policies.
15. Performance and payment bonds.
16. Data needed to acquire Owner's insurance.

I. Application for Payment at Substantial Completion: After Landscape Architect issues the Certificate of
Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of
the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete and a statement
showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner
occupancy of designated portions of the Work.

J. Final Payment Application: After completing Project closeout requirements, submit final Application for
Payment with releases and supporting documentation not previously submitted and accepted, including,
but not limited, to the following:

1. Evidence of completion of Project closeout requirements.

2. Insurance certificates for products and completed operations where required and proof that taxes,
fees, and similar obligations were paid.
3. Updated final statement, accounting for final changes to the Contract Sum.
4. AIA Document G706.
5. AIA Document G706A.
6. AIA Document G707.
7. Evidence that claims have been settled.
8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of
Substantial Completion or when Owner took possession of and assumed responsibility for
corresponding elements of the Work.
9. Final liquidated damages settlement statement.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012900

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SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative provisions for coordinating construction operations on Project including,
but not limited to, the following:

1. Coordination drawings.
2. Requests for Information (RFIs).
3. Project meetings.

B. Related Sections:

1. Division 01 Section "Execution" for procedures for coordinating general installation and field-
engineering services, including establishment of benchmarks and control points.

1.2 DEFINITIONS

A. RFI: Request from Owner, Landscape Architect, or Contractor seeking information from each other during
construction.

1.3 COORDINATION

A. Coordination: Coordinate construction operations included in different Sections of the Specifications to

ensure efficient and orderly installation of each part of the Work. Coordinate construction operations,
included in different Sections, that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation
of one part of the Work depends on installation of other components, before or after its own
installation.
2. Coordinate installation of different components to ensure maximum performance and accessibility
for required maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.

B. Prepare memoranda for distribution to each party involved, outlining special procedures required for
coordination. Include such items as required notices, reports, and list of attendees at meetings.

1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is
required.

C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with
other construction activities and activities of other contractors to avoid conflicts and to ensure orderly
progress of the Work. Such administrative activities include, but are not limited to, the following:

1. Preparation of Contractor's construction schedule.

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2. Preparation of the schedule of values.

3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals.
5. Progress meetings.
6. Preinstallation conferences.
7. Project closeout activities.
8. Startup and adjustment of systems.
9. Project closeout activities.

1.4 COORDINATION DRAWINGS

A. Coordination Drawings, General: Prepare coordination drawings in accordance with requirements in

individual Sections, where installation is not completely shown on Shop Drawings, where limited space
availability necessitates coordination, or if coordination is required to facilitate integration of products and
materials fabricated or installed by more than one entity.

1. Content: Project-specific information, drawn accurately to a scale large enough to indicate and
resolve conflicts. Do not base coordination drawings on standard printed data. Include the
following information, as applicable:

a. Indicate functional and spatial relationships of components of architectural, structural, civil,

mechanical, and electrical systems.
b. Indicate dimensions shown on the Drawings. Specifically note dimensions that appear to
be in conflict with submitted equipment and minimum clearance requirements. Provide
alternate sketches to Landscape Architect indicating proposed resolution of such conflicts.
Minor dimension changes and difficult installations will not be considered changes to the
Contract.

B. Coordination Drawing Organization: Organize coordination drawings as follows:

1. Floor Plans and Reflected Ceiling Plans: Show architectural and structural elements, and
mechanical, plumbing, fire protection, fire alarm, and electrical Work. Show locations of visible
ceiling-mounted devices relative to acoustical ceiling grid.
2. Plenum Space: Indicate subframing for support of ceiling and wall systems, mechanical and
electrical equipment, and related Work. Locate components within ceiling plenum to accommodate
layout of light fixtures indicated on Drawings.
3. Mechanical Rooms: Provide coordination drawings for mechanical rooms showing plans and
elevations of mechanical, plumbing, fire protection, fire alarm, and electrical equipment.
4. Structural Penetrations: Indicate penetrations and openings required for all disciplines.
5. Slab Edge and Embedded Items: Indicate slab edge locations and sizes and locations of
embedded items for metal fabrications, sleeves, anchor bolts, bearing plates, angles, door floor
closers, slab depressions for floor finishes, curbs and housekeeping pads, and similar items.
6. Review: Landscape Architect will review coordination drawings to confirm that the Work is being
coordinated, but not for the details of the coordination, which are the Contractor's responsibility.

1.5 REQUESTS FOR INFORMATION (RFIs)

A. General: Immediately on discovery of the need for additional information or interpretation of the Contract
Documents, Contractor shall prepare and submit an RFI in the form specified.

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1. Landscape Architect will return RFIs submitted to Landscape Architect by other entities controlled
by Contractor with no response.
2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work
of subcontractors.

B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and
the following:

1. Project name.
2. Project number.
3. Date.
4. Name of Contractor.
5. Name of Landscape Architect.
6. RFI number, numbered sequentially.
7. RFI subject.
8. Specification Section number and title and related paragraphs, as appropriate.
9. Drawing number and detail references, as appropriate.
10. Field dimensions and conditions, as appropriate.
11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the
Contract Sum, Contractor shall state impact in the RFI.
12. Contractor's signature.
13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop
Drawings, coordination drawings, and other information necessary to fully describe items needing
interpretation.

C. RFI Forms: AIA Document G716.

D. Landscape Architect's Action: Landscape Architect will review each RFI, determine action required, and
respond. Allow seven working days for Landscape Architect's response for each RFI. RFIs received by
Landscape Architect after 1:00 p.m. will be considered as received the following working day.

1. The following RFIs will be returned without action:

a. Requests for approval of submittals.

b. Requests for approval of substitutions.
c. Requests for coordination information already indicated in the Contract Documents.
d. Requests for adjustments in the Contract Time or the Contract Sum.
e. Requests for interpretation of Landscape Architect's actions on submittals.
f. Incomplete RFIs or inaccurately prepared RFIs.

2. Landscape Architect's action may include a request for additional information, in which case
Landscape Architect's time for response will date from time of receipt of additional information.
3. Landscape Architect's action on RFIs that may result in a change to the Contract Time or the
Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01
Section "Contract Modification Procedures."

a. If Contractor believes the RFI response warrants change in the Contract Time or the
Contract Sum, notify Landscape Architect in writing within 10 days of receipt of the RFI
response.

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E. On receipt of Landscape Architect's action, update the RFI log and immediately distribute the RFI
response to affected parties. Review response and notify Landscape Architect within seven days if
Contractor disagrees with response.

F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log
weekly. Include the following:

1. Project name.
2. Name and address of Contractor.
3. Name and address of Landscape Architect.
4. RFI number including RFIs that were dropped and not submitted.
5. RFI description.
6. Date the RFI was submitted.
7. Date Landscape Architect's response was received.
8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal
Request, as appropriate.
9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.

1.6 PROJECT MEETINGS

A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated.

1. Attendees: Inform participants and others involved, and individuals whose presence is required, of
date and time of each meeting. Notify Owner and Landscape Architect of scheduled meeting dates
and times.
2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.
3. Minutes: Entity responsible for conducting meeting will record significant discussions and
agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner
and Landscape Architect, within three days of the meeting.

B. Preconstruction Conference: Landscape Architect will schedule and conduct a preconstruction

conference before starting construction, at a time convenient to Owner and Landscape Architect, but no
later than 15 days after execution of the Agreement.

1. Attendees: Authorized representatives of Owner, Landscape Architect, and their consultants;

Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties
shall attend the conference. Participants at the conference shall be familiar with Project and
authorized to conclude matters relating to the Work.
2. Agenda: Discuss items of significance that could affect progress, including the following:

a. Tentative construction schedule.

b. Critical work sequencing and long-lead items.
c. Designation of key personnel and their duties.
d. Procedures for processing field decisions and Change Orders.
e. Procedures for RFIs.
f. Procedures for testing and inspecting.
g. Procedures for processing Applications for Payment.
h. Distribution of the Contract Documents.
i. Submittal procedures.
j. Preparation of record documents.

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k. Use of the premises.

l. Work restrictions.
m. Working hours.
n. Responsibility for temporary facilities and controls.
o. Procedures for disruptions and shutdowns.
p. Construction waste management and recycling.
q. Parking availability.
r. Office, work, and storage areas.
s. Equipment deliveries and priorities.
t. First aid.
u. Security.
v. Progress cleaning.

3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.

C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction
activity that requires coordination with other construction.

1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected

by the installation and its coordination or integration with other materials and installations that have
preceded or will follow, shall attend the meeting. Advise Landscape Architect of scheduled
meeting dates.
2. Agenda: Review progress of other construction activities and preparations for the particular activity
under consideration, including requirements for the following:

a. Contract Documents.
b. Options.
c. Related RFIs.
d. Related Change Orders.
e. Purchases.
f. Deliveries.
g. Submittals.
h. Possible conflicts.
i. Compatibility problems.
j. Time schedules.
k. Weather limitations.
l. Manufacturer's written recommendations.
m. Warranty requirements.
n. Compatibility of materials.
o. Acceptability of substrates.
p. Temporary facilities and controls.
q. Space and access limitations.
r. Regulations of authorities having jurisdiction.
s. Testing and inspecting requirements.
t. Installation procedures.
u. Coordination with other work.
v. Required performance results.
w. Protection of adjacent work.
x. Protection of construction and personnel.

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3. Record significant conference discussions, agreements, and disagreements, including required

corrective measures and actions.
4. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring
information.
5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate
whatever actions are necessary to resolve impediments to performance of the Work and
reconvene the conference at earliest feasible date.

D. Progress Meetings: Conduct progress meetings at regular intervals.

1. Attendees: In addition to representatives of Owner and Landscape Architect, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in planning,
coordination, or performance of future activities shall be represented at these meetings. All
participants at the meeting shall be familiar with Project and authorized to conclude matters relating
to the Work.
2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other
items of significance that could affect progress. Include topics for discussion as appropriate to
status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting. Determine
whether each activity is on time, ahead of schedule, or behind schedule, in relation to
Contractor's construction schedule. Determine how construction behind schedule will be
expedited; secure commitments from parties involved to do so. Discuss whether schedule
revisions are required to ensure that current and subsequent activities will be completed
within the Contract Time.

1) Review schedule for next period.

b. Review present and future needs of each entity present, including the following:

1) Interface requirements.
2) Sequence of operations.
3) Status of submittals.
4) Deliveries.
5) Off-site fabrication.
6) Access.
7) Site utilization.
8) Temporary facilities and controls.
9) Progress cleaning.
10) Quality and work standards.
11) Status of correction of deficient items.
12) Field observations.
13) Status of RFIs.
14) Status of proposal requests.
15) Pending changes.
16) Status of Change Orders.
17) Pending claims and disputes.
18) Documentation of information for payment requests.

3. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting
minutes to each party present and to parties requiring information.

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a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting
where revisions to the schedule have been made or recognized. Issue revised schedule
concurrently with the report of each meeting.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013100

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SECTION 013300 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes requirements for the submittal schedule and administrative and procedural requirements
for submitting Shop Drawings, Product Data, Samples, and other submittals.

B. Related Sections:

1. Division 01 Section "Payment Procedures" for submitting schedules and reports, including
Contractor's construction schedule.
2. Division 01 Section "Close-Out Procedures" for submitting operation and maintenance manuals.
3. Division 01 Section "Project Record Documents" for submitting record Drawings, record
Specifications, and record Product Data.

1.2 DEFINITIONS

A. Action Submittals: Written and graphic information and physical samples that require Landscape
Architect's responsive action.

B. Informational Submittals: Written and graphic information and physical samples that do not require
Landscape Architect's responsive action. Submittals may be rejected for not complying with requirements.

1.3 ACTION SUBMITTALS

A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required
by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and
delivery when establishing dates. Include additional time required for making corrections or modifications
to submittals noted by the Landscape Architect and additional time for handling and reviewing submittals
required by those corrections.

1.4 SUBMITTAL ADMINISTRATIVE REQUIREMENTS

A. Landscape Architect’s Digital Data Files: Electronic copies of CAD Drawings of the Contract
Drawings will not be provided by Landscape Architect for Contractor's use in preparing submittals.

B. Coordination: Coordinate preparation and processing of submittals with performance of construction

activities.

1. Submittals shall be submitted and identified by specification number. Submittal will include all
required items stated in the specification. Incomplete or partial original submittals may be returned.
2. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and
related activities that require sequential activity.

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3. Coordinate transmittal of different types of submittals for related parts of the Work so processing
will not be delayed because of need to review submittals concurrently for coordination.

a. Landscape Architect reserves the right to withhold action on a submittal requiring

coordination with other submittals until related submittals are received.

C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for
review shall commence on Landscape Architect's receipt of submittal. No extension of the Contract
Time will be authorized because of failure to transmit submittals enough in advance of the Work to
permit processing, including resubmittals.

1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if
coordination with subsequent submittals is required. Landscape Architect will advise Contractor
when a submittal being processed must be delayed for coordination.
2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial
submittal.
3. Resubmittal Review: Allow 15 days for review of each resubmittal.

D. Identification and Information: Place a permanent label or title block on each paper copy submittal
item for identification.

1. Indicate name of firm or entity that prepared each submittal on label or title block.
2. Provide a space approximately 6 by 8 inches on label or beside title block to record Contractor's
review and approval markings and action taken by Landscape Architect.
3. Include the following information for processing and recording action taken:

a. Project name.
b. Date.
c. Name of Landscape Architect.
d. Name of Contractor.
e. Name of subcontractor.
f. Name of supplier.
g. Name of manufacturer.
h. Submittal number and other unique identifier, including revision identifier.

1) Submittal number shall use Specification Section number followed by a decimal

point and then a sequential number (e.g., 061000.01). Resubmittals shall include an
alphabetic suffix after another decimal point (e.g., 061000.01.A).

i. Number and title of appropriate Specification Section.

j. Drawing number and detail references, as appropriate.
k. Location(s) where product is to be installed, as appropriate.
l. Other necessary identification.

E. Identification and Information: Identify and incorporate information in each electronic submittal file as
follows:

1. Assemble complete submittal package into a single indexed file with links enabling navigation to
each item.
2. Name file with submittal number or other unique identifier, including revision identifier.

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a. File name shall use project identifier and Specification Section number followed by a
decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall
include an alphabetic suffix after another decimal point (e.g., LNHS-061000.01.A).

3. Provide means for insertion to permanently record Contractor's review and approval markings and
action taken by Landscape Architect.
4. Include the following information on an inserted cover sheet:

a. Project name.
b. Date.
c. Name and address of Landscape Architect.
d. Name of Contractor.
e. Name of firm or entity that prepared submittal.
f. Name of subcontractor.
g. Name of supplier.
h. Name of manufacturer.
i. Number and title of appropriate Specification Section.
j. Drawing number and detail references, as appropriate.
k. Location(s) where product is to be installed, as appropriate.
l. Related physical samples submitted directly.
m. Other necessary identification.

F. Options: Identify options requiring selection by the Landscape Architect.

G. Deviations: Identify deviations from the Contract Documents on submittals.

H. Additional Paper Copies: Unless additional copies are required for final submittal, and unless
Landscape Architect observes noncompliance with provisions in the Contract Documents, initial
submittal may serve as final submittal.

1. Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to
Landscape Architect.

I. Transmittal: Assemble each submittal individually and appropriately for transmittal and handling.
Transmit each submittal using a transmittal form. Landscape Architect will discard submittals received
from sources other than Contractor.

1. Transmittal Form: Use AIA Document G810.

2. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information,
requests for data, revisions other than those requested by Landscape Architect on previous
submittals, and deviations from requirements in the Contract Documents, including minor variations
and limitations. Include same identification information as related submittal.

J. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

1. Note date and content of previous submittal.

2. Note date and content of revision in label or title block and clearly indicate extent of revision.
3. Resubmit submittals until they are marked with approval notation from Landscape Architect's action
stamp.

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K. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers,

fabricators, installers, authorities having jurisdiction, and others as necessary for performance of
construction activities. Show distribution on transmittal forms.

L. Use for Construction: Use only final submittals that are marked with approval notation from
Landscape Architect's action stamp.

PART 2 - PRODUCTS

2.1 SUBMITTAL PROCEDURES

A. General Submittal Procedure Requirements:

1. Submit electronic submittals via email as PDF electronic files.

a. Landscape Architect will return annotated file. Annotate and retain one copy of file as an
electronic Project record document file.

2. Action Submittals: Submit three paper copies of each submittal, unless otherwise indicated.
Landscape Architect will return two copies.
3. Informational Submittals: Submit two paper copies of each submittal, unless otherwise indicated.
Landscape Architect will not return copies.
4. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in
Division 01 Section "Closeout Procedures."
5. Certificates and Certifications Submittals: Provide a statement that includes signature of entity
responsible for preparing certification. Certificates and certifications shall be signed by an officer or
other individual authorized to sign documents on behalf of that entity.

a. Provide a digital signature with digital certificate on electronically-submitted certificates and

certifications where indicated.
b. Provide a notarized statement on original paper copy certificates and certifications where
indicated.

B. Product Data: Collect information into a single submittal for each element of construction and type of
product or equipment.

1. If information must be specially prepared for submittal because standard published data are not
suitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are applicable.
3. Include the following information, as applicable:

a. Manufacturer's catalog cuts.

b. Manufacturer's product specifications.
c. Standard color charts.
d. Statement of compliance with specified referenced standards.
e. Testing by recognized testing agency.
f. Application of testing agency labels and seals.
g. Notation of coordination requirements.
h. Availability and delivery time information.

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4. For equipment, include the following in addition to the above, as applicable:

a. Wiring diagrams showing factory-installed wiring.

b. Printed performance curves.
c. Operational range diagrams.
d. Clearances required to other construction, if not indicated on accompanying Shop
Drawings.

5. Submit Product Data before or concurrent with Samples.

6. Submit Product Data in the following format:

a. PDF electronic file.

C. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these
characteristics with other elements and for a comparison of these characteristics between submittal and
actual component as delivered and installed.

1. Transmit Samples that contain multiple, related components such as accessories together in one
submittal package.
2. Identification: Attach label on unexposed side of Samples that includes the following:

a. Generic description of Sample.

b. Product name and name of manufacturer.
c. Sample source.
d. Number and title of applicable Specification Section.

3. Disposition: Maintain sets of approved Samples at Project site, available for quality-control
comparisons throughout the course of construction activity. Sample sets may be used to
determine final acceptance of construction associated with each set.

a. Samples that may be incorporated into the Work are indicated in individual Specification
Sections. Such Samples must be in an undamaged condition at time of use.
b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are
the property of Contractor.

4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of
units showing the full range of colors, textures, and patterns available.

a. Number of Samples: Submit one full set(s) of available choices where color, pattern,
texture, or similar characteristics are required to be selected from manufacturer's product
line. Landscape Architect will return submittal with options selected.

5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same
material to be used for the Work, cured and finished in manner specified, and physically identical
with material or product proposed for use, and that show full range of color and texture variations
expected. Samples include, but are not limited to, the following: partial sections of manufactured
or fabricated components; small cuts or containers of materials; complete units of repetitively used
materials; swatches showing color, texture, and pattern; color range sets; and components used
for independent testing and inspection.

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a. Number of Samples: Submit three sets of Samples. Landscape Architect will retain two
Sample sets; remainder will be returned.

1) If variation in color, pattern, texture, or other characteristic is inherent in material or

product represented by a Sample, submit at least three sets of paired units that
show approximate limits of variations.

D. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating
types of products required for the Work and their intended location. Include the following information in
tabular form:

1. Submit product schedule in the following format:

a. PDF electronic file.

E. Contractor's Construction Schedule: Provide Construction Schedule and update as necessary to keep
Landscape Architect informed of progress.

F. Application for Payment: Comply with requirements specified in Division 01 Section "Payment
Procedures."

G. Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures."

H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of
the Work, including those who are to furnish products or equipment fabricated to a special design.

1. Submit subcontract list in the following format:

a. PDF electronic file.

I. Coordination Drawings: Comply with requirements specified in Division 01 Section "Project Management
and Coordination."

J. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or
person. Include lists of completed projects with project names and addresses, contact information of
architects and owners, and other information specified.

K. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer
complies with requirements in the Contract Documents and, where required, is authorized by
manufacturer for this specific Project.

L. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that

manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing
experience where required.

M. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product
complies with requirements in the Contract Documents.

N. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material
complies with requirements in the Contract Documents.

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O. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard
form, indicating and interpreting test results of material for compliance with requirements in the Contract
Documents.

P. Product Test Reports: Submit written reports indicating current product produced by manufacturer
complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by
manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a
qualified testing agency.

Q. Research Reports: Submit written evidence, from a model code organization acceptable to authorities
having jurisdiction, that product complies with building code in effect for Project.

R. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's
standard form, indicating and interpreting results of compatibility tests performed before installation of
product. Include written recommendations for primers and substrate preparation needed for adhesion.

S. Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during
installation of product or after product is installed in its final location, for compliance with requirements in
the Contract Documents.

T. Maintenance Data: Comply with requirements specified in Division 01 Section "Operation and
Maintenance Data."

U. Design Data: Prepare and submit written and graphic information, including, but not limited to,
performance and design criteria, list of applicable codes and regulations, and calculations. Include list of
assumptions and other performance and design criteria and a summary of loads. Include load diagrams if
applicable. Provide name and version of software, if any, used for calculations. Include page numbers.

2.2 DELEGATED-DESIGN SERVICES

A. Performance and Design Criteria: Where professional design services or certifications by a design
professional are specifically required of Contractor by the Contract Documents, provide products and
systems complying with specific performance and design criteria indicated.

1. If criteria indicated are insufficient to perform services or certification required, submit a written
request for additional information to Landscape Architect.

B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required
submittals, submit digitally signed PDF file paper copies of certificate, signed and sealed by the
responsible design professional, for each product and system specifically assigned to Contractor to be
designed or certified by a design professional.

1. Indicate that products and systems comply with performance and design criteria in the Contract
Documents. Include list of codes, loads, and other factors used in performing these services.

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PART 3 - EXECUTION

3.1 CONTRACTOR'S REVIEW

A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of
the Contract and for compliance with the Contract Documents. Note corrections and field dimensions.
Mark with approval stamp before submitting to Landscape Architect.

B. Project Closeout and Maintenance/Material Submittals: Refer to requirements in Division 01 Section

"Closeout Procedures."

C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and
location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's
approval, and statement certifying that submittal has been reviewed, checked, and approved for
compliance with the Contract Documents.

3.2 LANDSCAPE ARCHITECT'S REVIEW

A. General: Landscape Architect will not review submittals that do not bear Contractor's approval stamp and
will return them without action.

B. Action Submittals: Landscape Architect will review each submittal, make marks to indicate corrections or
modifications required, and return it. Landscape Architect will stamp each submittal with an action stamp
and will mark stamp appropriately to indicate action.

C. Informational Submittals: Landscape Architect will review each submittal and will not return it, or will
return it if it does not comply with requirements. Landscape Architect will forward each submittal to
appropriate party.

D. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without
review.

E. Submittals not required by the Contract Documents may not be reviewed and may be discarded.

END OF SECTION 013300

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SECTION 015639 - TEMPORARY TREE AND PLANT PROTECTION

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes the protection and trimming of existing trees that interfere with, or are affected by,
execution of the Work, whether temporary or permanent construction.

1.2 MATERIAL OWNERSHIP

A. Except for materials indicated to remain Owner’s property, cleaned materials shall become Contractor’s
property and shall be removed from Project site.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of trees to
remain that interfere with or are affected by construction.

C. Certification: From arborist, certifying that trees indicated to remain have been protected during
construction according to recognized standards and that trees were promptly and properly treated and
repaired when damaged.

D. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction
during and after completing the Work.

1.4 QUALITY ASSURANCE

A. Arborist Qualifications: An arborist certified by ISA or licensed in the jurisdiction where Project is located.

B. Tree Pruning Standard: Comply with ANSI A300 (Part 1), "Tree, Shrub, and Other Woody Plant
Maintenance--Standard Practices (Pruning)."

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 EXISTING CONDITIONS

A. Contractor shall notify the Owner’s Representative if existing tree locations differ from locations
represented on drawings.

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B. Existing tree and vegetation conditions beyond forest litter or planting shall remain undisturbed by
Contractor.

C. Contractor shall not allow any vehicular traffic, parking of vehicles or stockpiling of excavated material of
construction material beyond the limit of planting shown on the drawings.

D. Site preparation work shall not begin in any area where tree preservation measures have not been
completed and approved as designated on the drawings.

E. Owner’s Representative will review tree protection fencing prior to clearing and may make adjustments to
locations of tree protection fence and location of root pruning trenching.

3.2 PREPARATION

A. Contractor and all sub-contractors shall attend a preconstruction seminar given by the Owner’s
Representative to review tree preservation requirements for the construction process.

3.3 EXCAVATION

A. Install shoring or other protective support systems to minimize sloping or benching of excavations.

B. Do not excavate within tree protection zones, unless otherwise indicated.

C. Where utility trenches are required within tree protection zones, tunnel under or around roots by drilling,
auger boring, pipe jacking, or digging by hand.

1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that interfere with
installation of utilities. Cut roots with sharp pruning instruments; do not break or chop.

3.4 REGRADING

A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade
beyond tree protection zones. Maintain existing grades within tree protection zones.

B. Minor Fill: Where existing grade is 6 inches or less below elevation of finish grade, fill with topsoil. Place
topsoil in a single uncompacted layer and hand grade to required finish elevations.

C. Moderate Fill: Where existing grade is more than 6 inches but less than 12 inches below elevation of
finish grade, place drainage fill, filter fabric, and topsoil on existing grade as follows:

1. Carefully place drainage fill against tree trunk approximately 2 inches above elevation of finish
grade and extend not less than 18 inches from tree trunk on all sides. For balance of area within
drip-line perimeter, place drainage fill up to 6 inches below elevation of grade.
2. Place filter fabric with edges overlapping 6 inches minimum.
3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil. Hand grade to
required finish elevations.

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3.5 TREE REPAIR AND REPLACEMENT

A. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs,
and roots according to arborist's written instructions.

3.6 DISPOSAL OF WASTE MATERIALS

A. Burning is not permitted.

B. Disposal: Remove excess excavated material and displaced trees from Owner's property.

END OF SECTION 015639

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SECTION 017300 - EXECUTION

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes general administrative and procedural requirements governing execution of the Work
including, but not limited to, the following:

1. Construction layout.
2. Field engineering and surveying.
3. Installation of the Work.
4. Progress cleaning.
5. Starting and adjusting.
6. Protection of installed construction.
7. Correction of the Work.

B. Related Sections:

1. Division 01 Section "Closeout Procedures" for submitting final property survey with Project Record
Documents, recording of Owner-accepted deviations from indicated lines and levels, and final
cleaning.

1.2 QUALITY ASSURANCE

A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in
jurisdiction where Project is located and who is experienced in providing land-surveying services of the
kind indicated.

1.3 WARRANTY

A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during
installation or cutting and patching operations, by methods and with materials so as not to void existing
warranties.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 EXAMINATION

A. Existing Conditions: The existence and location of underground and other utilities and construction
indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence
and location of underground utilities, and other construction affecting the Work.

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1. Before construction, verify the location and invert elevation at points of connection of sanitary
sewer, storm sewer, and water-service piping; underground electrical services, and other utilities.
2. Furnish location data for work related to Project that must be performed by public utilities serving
Project site.

B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work,
examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for
compliance with requirements for installation tolerances and other conditions affecting performance.
Record observations.

1. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or
primers.
2. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections
before equipment and fixture installation.
3. Examine walls, floors, and roofs for suitable conditions where products and systems are to be
installed.
4. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with
the Work indicates acceptance of surfaces and conditions.

3.2 PREPARATION

A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate
existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected
by construction. Coordinate with authorities having jurisdiction.

B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck
measurements before installing each product. Where portions of the Work are indicated to fit to other
construction, verify dimensions of other construction by field measurements before fabrication. Coordinate
fabrication schedule with construction progress to avoid delaying the Work.

C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on
Drawings.

D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for
clarification of the Contract Documents caused by differing field conditions outside the control of the
Contractor, submit a request for information to Landscape Architect according to requirements in
Division 01 Section "Project Management and Coordination."

3.3 CONSTRUCTION LAYOUT

A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in
relation to the property survey and existing benchmarks. If discrepancies are discovered, notify
Landscape Architect promptly.

B. General: Engage a land surveyor to lay out the Work using accepted surveying practices.

1. Establish benchmarks and control points to set lines and levels at each story of construction and
elsewhere as needed to locate each element of Project.

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2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required
dimensions.
3. Inform installers of lines and levels to which they must comply.
4. Check the location, level and plumb, of every major element as the Work progresses.
5. Notify Landscape Architect when deviations from required lines and levels exceed allowable
tolerances.
6. Close site surveys with an error of closure equal to or less than the standard established by
authorities having jurisdiction.

C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil
placement, utility slopes, and rim and invert elevations.

D. Building Lines and Levels: Locate and lay out control lines and levels for structures, building foundations,
column grids, and floor levels, including those required for mechanical and electrical work. Transfer
survey markings and elevations for use with control lines and levels. Level foundations and piers from two
or more locations.

E. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels.
Include beginning and ending dates and times of surveys, weather conditions, name and duty of each
survey party member, and types of instruments and tapes used. Make the log available for reference by
Landscape Architect.

3.4 FIELD ENGINEERING

A. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points
before beginning the Work. Preserve and protect permanent benchmarks and control points during
construction operations.

B. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site,
referenced to data established by survey control points. Comply with authorities having jurisdiction for
type and size of benchmark.

1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents.

3.5 INSTALLATION

A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as
indicated.

1. Make vertical work plumb and make horizontal work level.

2. Where space is limited, install components to maximize space available for maintenance and ease
of removal for replacement.
3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated.

B. Comply with manufacturer's written instructions and recommendations for installing products in
applications indicated.

C. Install products at the time and under conditions that will ensure the best possible results. Maintain
conditions required for product performance until Substantial Completion.

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D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in
excess of that expected during normal conditions of occupancy.

E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.

F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory
prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are
made for locating and installing products to comply with indicated requirements.

G. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and
number to securely anchor each component in place, accurately located and aligned with other portions of
the Work. Where size and type of attachments are not indicated, verify size and type required for load
conditions.

1. Mounting Heights: Where mounting heights are not indicated, mount components at heights
directed by Landscape Architect.
2. Allow for building movement, including thermal expansion and contraction.
3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for
installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral
anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in
time for installation.

H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange
joints for the best visual effect. Fit exposed connections together to form hairline joints.

I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered
hazardous.

3.6 PROGRESS CLEANING

A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly.
Dispose of materials lawfully.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.
2. Do not hold waste materials more than seven days during normal weather or three days if the
temperature is expected to rise above 80 deg F.
3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark
containers appropriately and dispose of legally, according to regulations.

B. Site: Maintain Project site free of waste materials and debris.

C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper
execution of the Work.

1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work
area, as appropriate.

D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of
manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If

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specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health
or property and that will not damage exposed surfaces.

E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.

F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure
freedom from damage and deterioration at time of Substantial Completion.

G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers
or into waterways.

H. During handling and installation, clean and protect construction in progress and adjoining materials
already in place. Apply protective covering where required to ensure protection from damage or
deterioration at Substantial Completion.

I. Clean and provide maintenance on completed construction as frequently as necessary through the
remainder of the construction period. Adjust and lubricate operable components to ensure operability
without damaging effects.

J. Limiting Exposures: Supervise construction operations to assure that no part of the construction,
completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure
during the construction period.

3.7 STARTING AND ADJUSTING

A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units,
replace with new units, and retest.

B. Adjust equipment for proper operation. Adjust operating components for proper operation without binding.

C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace
damaged and malfunctioning controls and equipment.

D. Manufacturer's Field Service: Comply with qualification requirements in Division 01 Section "Quality
Requirements."

3.8 PROTECTION OF INSTALLED CONSTRUCTION

A. Provide final protection and maintain conditions that ensure installed Work is without damage or
deterioration at time of Substantial Completion.

B. Comply with manufacturer's written instructions for temperature and relative humidity.

3.9 CORRECTION OF THE WORK

A. Repair or remove and replace defective construction. Restore damaged substrates and finishes.

1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with
matching materials, and properly adjusting operating equipment.

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B. Restore permanent facilities used during construction to their specified condition.

C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without
visible evidence of repair.

D. Repair components that do not operate properly. Remove and replace operating components that cannot
be repaired.

E. Remove and replace chipped, scratched, and broken glass or reflective surfaces.

END OF SECTION 017300

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SECTION 017700 - CLOSEOUT PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for Contract closeout, including, but not limited
to, the following:

1. Substantial Completion procedures.

2. Final completion procedures.
3. Warranties.
4. Final cleaning.

B. Related Requirements:

1. Section 017823 "Operation and Maintenance Data" for additional operation and maintenance
manual requirements.
2. Section 017839 "Project Record Documents" for submitting Record Drawings, Record
Specifications, and Record Product Data.
3. Section 017900 "Demonstration and Training" for requirements to train the Owner's maintenance
personnel to adjust, operate, and maintain products, equipment, and systems.

1.2 ACTION SUBMITTALS

A. Product Data: For each type of cleaning agent.

B. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion.

C. Certified List of Incomplete Items: Final submittal at Final Completion.

1.3 CLOSEOUT SUBMITTALS

A. Certificates of Release: From authorities having jurisdiction.

B. Certificate of Insurance: For continuing coverage.

C. Field Report: For pest-control inspection.

1.4 SUBSTANTIAL COMPLETION PROCEDURES

A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected
(Contractor's "punch list"), indicating the value of each item on the list and reasons why the Work is
incomplete.

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B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting
inspection for determining date of Substantial Completion. List items below that are incomplete at time of
request.

1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction, permitting
Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits,
operating certificates, and similar releases.
2. Submit closeout submittals specified in other Division 01 Sections, including Project Record
Documents, operation and maintenance manuals, damage or settlement surveys, property surveys,
and similar final record information.
3. Submit closeout submittals specified in individual Sections, including specific warranties,
workmanship bonds, maintenance service agreements, final certifications, and similar documents.
4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts,
extra materials, and similar items, and deliver to location designated by Landscape Architect. Label
with manufacturer's name and model number.
5. Submit testing, adjusting, and balancing records.
6. Submit sustainable design submittals not previously submitted.
7. Submit changeover information related to Owner's occupancy, use, operation, and maintenance.

C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to
requesting inspection for determining date of Substantial Completion. List items below that are incomplete
at time of request.

1. Advise Owner of pending insurance changeover requirements.

2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of
changeover in security provisions.
3. Complete startup and testing of systems and equipment.
4. Perform preventive maintenance on equipment used prior to Substantial Completion.
5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and
systems. Submit demonstration and training video recordings specified in Section 017900
"Demonstration and Training."
6. Advise Owner of changeover in utility services.
7. Participate with Owner in conducting inspection and walkthrough with local emergency responders.
8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools,
and similar elements.
9. Complete final cleaning requirements.
10. Touch up paint and otherwise repair and restore marred exposed finishes to eliminate visual defects.

D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10
days prior to date the Work will be completed and ready for final inspection and tests. On receipt of request,
Landscape Architect will either proceed with inspection or notify Contractor of unfulfilled requirements.
Landscape Architect will prepare the Certificate of Substantial Completion after inspection or will notify
Contractor of items, either on Contractor's list or additional items identified by Landscape Architect, that
must be completed or corrected before certificate will be issued.

1.5 FINAL COMPLETION PROCEDURES

A. Submittals Prior to Final Completion: Before requesting final inspection for determining Final Completion,
complete the following:

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1. Submit a final Application for Payment in accordance with Section 012900 "Payment Procedures."
2. Certified List of Incomplete Items: Submit certified copy of Landscape Architect's Substantial
Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by
Landscape Architect. Certified copy of the list shall state that each item has been completed or
otherwise resolved for acceptance.
3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with
insurance requirements.
4. Submit pest-control final inspection report.

B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior
to date the Work will be completed and ready for final inspection and tests. On receipt of request, Landscape
Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Landscape
Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction
that must be completed or corrected before certificate will be issued.

1.6 LIST OF INCOMPLETE ITEMS

A. Organization of List: Include name and identification of each space and area affected by construction
operations for incomplete items and items needing correction including, if necessary, areas disturbed by
Contractor that are outside the limits of construction.

1. Organize list of spaces in sequential order, starting with exterior areas first, listed by room or space
number.
2. Organize items applying to each space by major element, including categories for ceilings, individual
walls, floors, equipment, and building systems.
3. Include the following information at the top of each page:

a. Project name.
b. Date.
c. Name of Landscape Architect.
d. Name of Contractor.
e. Page number.

1.7 SUBMITTAL OF PROJECT WARRANTIES

A. Time of Submittal: Submit written warranties on request of Landscape Architect for designated portions of
the Work where warranties are indicated to commence on dates other than date of Substantial Completion,
or when delay in submittal of warranties might limit Owner's rights under warranty.

B. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual.

C. Warranty Electronic File: Provide warranties and bonds in PDF format. Assemble complete warranty and
bond submittal package into a single electronic PDF file with bookmarks enabling navigation to each item.
Provide bookmarked table of contents at beginning of document.

1. Submit by email to Landscape Architect.

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D. Warranties in Paper Form:

1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as
necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch paper.

E. Provide additional copies of each warranty to include in operation and maintenance manuals.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the
surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or
that might damage finished surfaces.

1. Use cleaning products that comply with Green Seal's GS-37, or if GS-37 is not applicable, use
products that comply with the California Code of Regulations maximum allowable VOC levels.

PART 3 - EXECUTION

3.1 FINAL CLEANING

A. Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and
ordinances and Federal and local environmental and antipollution regulations.

B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or
unit to condition expected in an average commercial building cleaning and maintenance program. Comply
with manufacturer's written instructions.

1. Complete the following cleaning operations before requesting inspection for certification of
Substantial Completion for entire Project or for a designated portion of Project:

a. Clean Project site of rubbish, waste material, litter, and other foreign substances.
b. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of
stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior
surfaces. Restore reflective surfaces to their original condition.
c. Remove debris and surface dust from limited-access spaces, including roofs, plenums,
shafts, trenches, equipment vaults, manholes, attics, and similar spaces.
d. Clean flooring, removing debris, dirt, and staining; clean according to manufacturer's
recommendations.
e. Remove labels that are not permanent.
f. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from
water exposure.
g. Leave Project clean and ready for occupancy.

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3.2 REPAIR OF THE WORK

A. Complete repair and restoration operations required by Section 017300 "Execution" before requesting
inspection for determination of Substantial Completion.

END OF SECTION 017700

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SECTION 321313 - CONCRETE PAVING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Walks.

1.2 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Samples: For each exposed product and for each color and texture specified.

C. Other Action Submittals:

1. Design Mixtures: For each concrete paving mixture. Include alternate design mixtures when
characteristics of materials, Project conditions, weather, test results, or other circumstances
warrant adjustments.

1.3 QUALITY ASSURANCE

A. Ready-Mix-Concrete Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed

concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and
equipment.

B. ACI Publications: Comply with ACI 301 (ACI 301M) unless otherwise indicated.

PART 2 - PRODUCTS

2.1 STEEL REINFORCEMENT

A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420); deformed.

B. Dowel Bars: ASTM A 615/A 615M, Grade 60 (Grade 420) plain-steel bars; zinc coated (galvanized) after
fabrication according to ASTM A 767/A 767M, Class I coating. Cut bars true to length with ends square
and free of burrs.

C. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcing bars, welded wire reinforcement, and dowels in place. Manufacture bar supports according to
CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete of greater compressive
strength than concrete specified.

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2.2 CONCRETE MATERIALS

A. Cementitious Material: Use the following cementitious materials, of same type, brand, and source
throughout Project:

1. Portland Cement: ASTM C 150, gray Portland cement Type I/II. Supplement with the following:

a. Fly Ash: ASTM C 618, Class C.

b. Ground Granulated Blast-Furnace Slag: ASTM C 989, Grade 100 or 120.

B. Normal-Weight Aggregates: ASTM C 33, Class 4S, uniformly graded. Provide aggregates from a single
source.

C. Water: Potable and complying with ASTM C 94/C 94M.

D. Air-Entraining Admixture: ASTM C 260.

E. Chemical Admixtures: Admixtures certified by manufacturer to be compatible with other admixtures and to
contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material.

2.3 CURING MATERIALS

A. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.

B. Water: Potable.

C. Evaporation Retarder: Waterborne, monomolecular, film forming, manufactured for application to fresh
concrete.

D. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating.

E. White, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 2, Class B, dissipating.

2.4 RELATED MATERIALS

A. Joint Fillers: 3/4” redwood expansion joints with “rip strip” in preformed strips.

B. Joint Sealant: Commercial grade, self-leveling polyurethane joint sealer. Color to be determined by
Landscape Architect.

C. Leveling Sand: Sand used for leveling shall be sharp sand.

1. Adhesive: As recommended by wheel stop manufacturer for application to concrete pavement.

2.5 CONCRETE MIXTURES

A. Prepare design mixtures, proportioned according to ACI 301 (ACI 301M), with the following properties:

1. Compressive Strength (28 Days): 3000 psi.

2. Maximum Water-Cementitious Materials Ratio at Point of Placement: 0.50.

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3. Slump Limit: 5 inches, plus or minus 1 inch.

4. Air Content: 4-1/2 percent plus or minus 1.5 percent.

B. Chemical Admixtures: Use admixtures according to manufacturer's written instructions.

2.6 CONCRETE MIXING

A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M and ASTM C 1116/C 1116M. Furnish batch certificates for each batch discharged and
used in the Work.

PART 3 - EXECUTION

3.1 EXAMINATION AND PREPARATION

A. Compact subgrade to 90% proctor density.

B. Proof-roll prepared subbase surface to identify soft pockets and compact as required to achieve uniform
compaction of 90% proctor density.

C. Remove loose material from compacted subbase surface immediately before placing concrete.

D. Place sand leveling course as indicated in construction drawings and details.

3.2 EDGE FORMS AND SCREED CONSTRUCTION

A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides to required lines, grades,
and elevations. Install forms to allow continuous progress of work and so forms can remain in place at
least 24 hours after concrete placement.

B. Clean forms after each use and coat with form-release agent to ensure separation from concrete without
damage.

3.3 STEEL REINFORCEMENT

A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting
reinforcement.

3.4 JOINTS

A. General: Form construction, expansion, and control joints, and tool edges true to line, with faces
perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline unless
otherwise indicated.

B. Construction Joints: Set construction joints at side and end terminations of paving and at locations where
paving operations are stopped for more than one-half hour unless paving terminates at expansion joints.

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C. Expansion Joints: Form expansion joints of preformed joint-filler strips abutting concrete curbs, catch
basins, manholes, inlets, structures, other fixed objects, and where indicated.

D. Control Joints: Form weakened-plane control joints, sectioning concrete into areas as indicated.
Construct contraction joints for a depth equal to at least one-fourth of the concrete thickness, to match
jointing of existing adjacent concrete paving.

1. Tooled Joint: Tooled joints shall be installed at the time of concrete finishing.

E. Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concrete with an edging tool
to a 1/4-inch radius. Repeat tooling of edges after applying surface finishes. Eliminate edging-tool marks
on concrete surfaces.

3.5 CONCRETE PLACEMENT

A. Subgrade shall be prepared as indicated in the construction drawings.

B. Moisten subbase to provide a uniform dampened condition at time concrete is placed.

C. Comply with ACI 301 (ACI 301M) requirements for measuring, mixing, transporting, placing, and
consolidating concrete.

D. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag
concrete into place or use vibrators to move concrete into place.

E. Screed paving surface with a straightedge and strike off.

F. Commence initial floating using bull floats or darbies to impart an open-textured and uniform surface plane
before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces
before beginning finishing operations or spreading surface treatments.

3.6 FLOAT FINISHING

A. General: Do not add water to concrete surfaces during finishing operations.

B. Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and concrete
surface has stiffened sufficiently to permit operations. Float surface with power-driven floats or by hand
floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots
and fill low spots. Refloat surface immediately to uniform granular texture.

1. Medium-to-Fine-Textured Broom Finish: Draw a soft-bristle broom across float-finished concrete

surface perpendicular to line of traffic to provide a uniform, fine-line texture.

3.7 CONCRETE PROTECTION AND CURING

A. General: Protect freshly placed concrete from premature drying, vandalism, defacing, and excessive cold
or hot temperatures.

B. Comply with ACI 306.1 for cold-weather protection.

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C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions
cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according
to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete but
before float finishing.

D. Begin curing after finishing concrete but not before free water has disappeared from concrete surface.

E. Curing Methods: Cure concrete by curing compound.

3.8 PAVING TOLERANCES

A. Comply with tolerances in ACI 117 and as follows:

1. Elevation: 1/4-inch max vertical.

2. Thickness: Plus 3/8-inch, minus 1/4 inch.
3. Surface: Gap below 10-foot-long, unleveled straightedge not to exceed 1/4 inch.
4. Joint Spacing: 3 inches.
5. Control Joint Depth: Plus 1/4-inch, no minus.
6. Joint Width: Plus 1/8-inch, no minus.

3.9 REPAIRS AND PROTECTION

A. Remove and replace concrete paving that is broken, damaged, or defective or that does not comply with
requirements in this Section. Remove work in complete sections from joint to joint unless otherwise
approved by Landscape Architect.

B. Protect concrete paving from damage. Exclude traffic from paving for at least 14 days after placement.
When construction traffic is permitted, maintain paving as clean as possible by removing surface stains
and spillage of materials as they occur.

C. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep paving not
more than two days before date scheduled for Substantial Completion inspections.

END OF SECTION 321313

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SECTION 321400 - UNIT PAVING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Concrete pavers set in aggregate setting beds.

1.2 SUBMITTALS

A. Product Data: For materials other than water and aggregates.

B. Samples for unit pavers and joint materials.

1.3 QUALITY ASSURANCE

A. The Contractor is responsible for correction of work which does not conform to the specified requirements,
including strength, tolerances and colors. Correct deficient materials as directed by the Owner.

B. Installer: a firm with a minimum of (3) three years experience in the successful installation of similar
pavers in similar quantities. Firm must provide Owner a list of jobs completed which can be inspected by
Owner or Owner's Representative. A minimum of 2 of these completed jobs must be located in the area
similar to this job.

1.4 WARRANTY

A. Warrant the work specified herein for 1 year against becoming unserviceable or causing an objectionable
appearance resulting from either defective or non conforming materials and workmanship.

1.5 PRODUCT HANDLING

A. Concrete pavers shall be delivered and unloaded at jobsite on pallets and bound in shrink wrap plastics
covers to prevent rust staining from steel strapping and in such a manner that no damage occurs to
product during hauling, handling or unloading at the jobsite.

1.6 PROJECT CONDITIONS

A. Cold-Weather Protection: Do not use frozen materials or build on frozen subgrade or setting beds.

B. Weather Limitations for Bituminous Setting Bed: Install bituminous setting bed only when ambient
temperature is above 40 deg F (4 deg C) and when base is dry.

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C. Weather Limitations for Mortar and Grout:

1. Cold-Weather Requirements: Comply with cold-weather construction requirements contained in

ACI 530.1/ASCE 6/TMS 602.
2. Hot-Weather Requirements: Comply with hot-weather construction requirements contained in
ACI 530.1/ASCE 6/TMS 602. Do not apply mortar to substrates with temperatures of 100 deg F
(38 deg C) and higher.

PART 2 - PRODUCTS

2.1 UNIT PAVERS

A. Concrete Pavers: Solid interlocking paving units complying with ASTM C 936 and resistant to freezing
and thawing when tested according to ASTM C 67, made from normal-weight aggregates.

2.2 ACCESSORIES

A. Compressible Foam Filler: Preformed strips complying with ASTM D 1056, Grade 2A1.

2.3 AGGREGATE SETTING-BED MATERIALS & CONCRETE BASE

A. Graded Aggregate for Base: Concrete Base Reference Drawings.

B. Sand for Leveling Course: Sound, sharp, washed natural sand or crushed stone complying with gradation
requirements in ASTM C 33 for fine aggregate.

C. Sand for Joints:

1. HP Polymeric jointing sand or approved equal.

D. Soil Separator or Filter Fabric shall be Polyspun XL Soil Separator; heavy duty, non-woven, with
permeability minimum 275 gallons of water per min. per square foot.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Mix pavers from several pallets or cubes, as they are placed, to produce uniform blend of colors and
textures.

B. Cut unit pavers with motor-driven masonry saw equipment to provide pattern indicated and to fit adjoining
work neatly. Use full units without cutting where possible.

1. For concrete pavers, a block splitter may be used.

C. Joint Pattern: As indicated.

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D. Tolerances: Do not exceed 1/16-inch (1.6-mm) unit-to-unit offset from flush (lippage) nor 1/8 inch in 24
inches (3 mm in 600 mm) and 1/4 inch in 10 feet (6 mm in 3 m) from level, or indicated slope, for finished
surface of paving.

E. Expansion and Control Joints: Provide for sealant-filled joints at locations and of widths indicated.
Provide compressible foam filler as backing for sealant-filled joints unless otherwise indicated; where
unfilled joints are indicated, provide temporary filler until paver installation is complete. Install joint filler
before setting pavers. Sealant materials and installation are specified in Division 07 Section "Joint
Sealants."

F. Expansion and Control Joints: Provide cork joint filler at locations and of widths indicated. Install joint filler
before setting pavers. Make top of joint filler flush with top of pavers.

G. All ‘end pavers’ to be full size pavers when feasible. Any cut pavers shall not be less than 1/3 of full size.

H. Provide edge restraints as indicated. Install edge restraints before placing unit pavers.

3.2 SAND SETTING WITH CONCRETE BASE

A. Sand:

1. Spread a maximum of 1" sharp sand over the area to receive concrete pavers.
2. Screed until level to the grade and profile required. Minimum depth of sand should be 1" and
maximum depth shall be 1 1/2".
3. Pavers shall be clean and free of foreign materials before installation.
4. Installation should start from a corner or straight edge and proceed forward over the undisturbed
sand laying course. Installation shall be carried out where possible to minimize cutting pavers.
5. Paving work shall be plumb, level and true to line and grade; shall be installed 1/8" higher than
adjacent paved surfaces after compaction to allow for settlement. All edges must be retained as
per Detail.
6. Paving units shall be installed hand tight and level on the undisturbed sand laying course. String
lines should be used to hold pattern lines true. Joint spaces shall not exceed 1/8".
7. Cutting of paving units to be done only with an approved masonry saw. Contractor shall take note
of areas designated as 'no cut' paver areas. Contractor to adjust walk width to accommodate full
size pavers only where noted on drawings.
8. All 'end pavers' to be full size pavers when feasible. Any cut pavers shall not be less than 1/3 of
full size.
9. After initial placement of pavers, sweep and vibrate dry joint sand into the joints using a plate
vibrator until all joints are completely filled with joint sand. Spread and sweep sand a second time
to ensure joints are filled up to bottom of chamfer or at least 1/8” below top of paver. The number of
passes with the vibrator and effort required to produce completely filled joints will vary on
gradation, moisture content, weather, adjustment of the vibrating plate, etc. Vibration and filling of
joints is to be completed to within 6’ of any unconfined edge at the end of each day.
10. Visually and physically inspect all joints to ensure that they are completely filled and compacted.
11. Excess sand shall be removed with leaf blower.
12. Once surface is free of all sand and sand residue, carefully apply a shower of water without
displacing the sand.

END OF SECTION 321400

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SECTION 328400 - PLANTING IRRIGATION

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes piping, valves, sprinklers, accessories, controls, and wiring for an automatically
control irrigation system.

1.2 DEFINITIONS

A. Irrigation Lateral Lines: Downstream from control valves to sprinklers, specialties, and drain valves.
Piping is under pressure during flow.

B. Irrigation Main Piping: Downstream from point of connection to water distribution piping to, and including,
control valves. Piping is under water-distribution-system pressure.

1.3 SUBMITTALS

A. Product Data: Include pressure ratings, rated capacities, and settings of selected models for the following:
1. Control valves.
2. Sprinkler heads and emission devices.
3. Irrigation controller.
4. Pipe and fittings.
5. Wire and connectors.
6. Solvents.
7. Valve boxes.

B. Evidence of State of Texas irrigation license and required experience.

C. Operation and maintenance instructions.

D. Spares and Special Tools – Provide Owner with 2 spare sprinkler heads of each size and type.

1.4 QUALITY ASSURANCE

A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100,
by a testing agency acceptable to authorities having jurisdiction, and marked for intended use.

B. Installer – Installation of Irrigation System installation shall be performed under the direction of a State of
Texas licensed irrigator with not less than 5 years experience in this type of work.

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1.5 PRODUCT DELIVERY AND HANDLING

A. Materials shall be delivered in manufacturer’s unopened packaging labeled to indicate manufacturer’s

name and product identification. Insure that packaging and labeling remain intact until installation.
Materials shall be stored protected from the elements, including direct sunlight.

B. Pipes shall be handled so as to prevent being damaged and to maintain their straightness. Pipe ends
shall be wrapped. Pipes shall be stored on beds the full length of the pipes. Damaged or dented pipes or
fittings shall not be used.

PART 2 - PRODUCTS

2.1 PIPES, TUBES, AND FITTINGS

A. Soft Copper Tube: ASTM B 88, Type L (ASTM B 88M, Type B), water tube, annealed temper.

1. Copper Pressure Fittings: ASME B16.18, cast-copper-alloy or ASME B16.22, wrought-copper,

solder-joint fittings. Furnish wrought-copper fittings if indicated.
2. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-socket,
metal-to-metal seating surfaces and solder-joint or threaded ends.

B. Hard Copper Tube: ASTM B 88, Type K, water tube, drawn temper.

1. Copper Pressure Fittings: ASME B16.18, cast-copper-alloy or ASME B16.22, wrought- copper,
solder-joint fittings. Furnish wrought-copper fittings if indicated.
2. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-socket,
metal-to-metal seating surfaces and solder-joint or threaded ends.

C. Mainline PVC Pipe: Class 200 solvent weld.

1. PVC Socket Fittings, Schedule 40: ASTM D 2466.

D. Irrigation Lateral Line Pipe

1. Pipes ¾ inch diameter and larger: ASTM D 2231, PVC, 1120 or 1220, SDR 21.0, 200 PSI
2. Pipes ½ inch diameter: ASTM D 2241, PVC, 1120 or 1220, SDR 13.5, 315 PSI

E. FITTINGS FOR SOLVENT WELDED JOINTS

1. Schedule 40: ASTM D 2466

F. FITTINGS FOR THREADED JOINTS

1. ASTM D 2466, PVC, Schedule 40

2.2 GENERAL-DUTY VALVES

A. Bronze Gate Valves shall be MSS SP-80, Class 125, Type 1, nonrising-stem, bronze body with solid
wedge, threaded ends, and malleable-iron handwheel.

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2.3 REMOTE CONTROL VALVES

A. Plastic Automatic Control Valves shall be molded-plastic body, normally closed, diaphragm type with
manual flow adjustment, and operated by 24-V ac solenoid.

B. Quick-Couplers shall be factory-fabricated, bronze or brass, two-piece assembly. Include coupler water-
seal valve; removable upper body with spring-loaded or weighted, purple rubber-covered cap; hose swivel
with ASME B1.20.7, 3/4-11.5NH threads for garden hose on outlet; and operating key.

C. Remote Control-Valve Boxes: Box and cover, with open bottom and openings for piping; designed for
installing flush with grade. Include size as required for valves and service.

1. Valve boxes shall be heavy duty plastic 17 inch by 11-3/4 inch by 12 inch depth, black with black
cover. Valve box shall be Series 1419, non-hinged, non-bolt cover, by Carson Industries, Inc.,
1925 Street, LaVerne, CA 91750, 213-732-6265, or approved equal.
2. Valve boxes shall be heavy duty plastic 17 inch by 11-3/4 inch by 12 inch depth, purple with purple
cover. Valve box shall be Series 1419, non-hinged, non-bolt cover, by Carson Industries, Inc.,
1925 Street, LaVerne, CA 91750, 213-732-6265, or approved equal.
3. Valve boxes shall be precast concrete with compressive strength of concrete in exces of 4000 psi.
Valve box shall be approximately 14 5/8” by 19 ¾” with bolt down cast iron traffic cover. Valve box
shall be 36-T, by Brooks Products, or approved equal.

D. Gate Valve and Control Wire Splice Boxes

1. Control wire splice boxes shall be heavy duty plastic 10 inch diameter by 10-1/4 inch deep, black
with black cover, No. 910-12B, by Carson Industries, Inc. or approved equal.
2. Valve boxes for quick couplers, wire splices and gate valves shall be precast concrete with
compressive strength of concrete in excess of 4000 psi. Valve box shall be 12 ½ inch diameter by
10-1/2 inch deep, with cast iron cover. Valve box shall be No. 101, by Brooks Products, Inc. or
approved equal.

E. Drainage Backfill: Cleaned gravel or crushed stone, graded from 3/8 inch minimum to 1 inch maximum.

2.4 SPRINKLERS

A. Description: Brass or plastic housing and corrosion-resistant interior parts designed for uniform coverage
over entire spray area indicated, at available water pressure shall include.

1. Flush, Surface Sprinklers: Fixed pattern, with screw-type flow adjustment.

2. Bubblers: Fixed pattern, with screw-type flow adjustment.
3. Shrubbery Sprinklers: Fixed pattern, with screw-type flow adjustment.
4. Pop-up, Spray Sprinklers: Fixed pattern, with screw-type flow adjustment and stainless-steel
retraction spring.
5. Pop-up, Rotary, Spray Sprinklers: Gear drive, full-circle and adjustable part-circle types.
6. Pop-up, Rotary, Impact Sprinklers: Impact drive, full-circle and part-circle types.
7. Aboveground, Rotary, Impact Sprinklers: Impact drive, full-circle and part-circle types.

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2.5 SPRINKLER SPECIALTIES

A. Strainer/Filter Units: Brass or plastic housing, with corrosion-resistant internal parts; of size and capacity
required for devices downstream from unit.

B. Emitters: PE or vinyl body.

1. Single-Outlet Emitters: To deliver the following flow at approximately 20 psig:

a. Flow: 1 gph.
b. Tubing Size: ¼” ID.

2. Outlet Caps: Plastic, for outlets without tubing.

C. Drip Tubes: 17mm, flexible PE or PVC tubing for emitters and other devices, of length indicated and with
plugged end.

2.6 CONTROLLER

A. Controller shall be “Two-wire” type as specified on drawings.

1. Controller shall be a capable of fully automatic or manual operation of the system.

2. Controller shall operate on a minimum of 117 volts A.C. input power and be capable of operating
24 volt A.C. electric remote control valves. Controller shall have a reset circuit breaker to protect it
from power overload.
3. The controller shall have the specified number of stations. Each station shall have a time setting
control capable of being set for incrementally variable timing or set to omit the station from the
irrigation cycle.
4. Controller shall have a 365 day calendar, event day off, water budget, cycle and soak and a master
“on-off” switch.
5. Controller shall have a UL-listed 24V AC transformer. Operation instructions and location of water
source supplying system shall be printed on face of controller. Section location chart shall be
placed inside cabinet door.

2.7 WIRING

1. Feeder-Circuit Cables: No. 12 AWG minimum, between building and controllers and runs over
1,000 LF.
2. Low-Voltage, Branch-Circuit Cables: No. 14-2 Maxi-wire as provided by Rainbird Corporation
between controller and automatic valve decoders installation in same trench with pvc pipe..
3. Splicing Materials: Manufacturer's packaged kit consisting of insulating, spring-type connector or
crimped joint and epoxy resin moisture seal; suitable for direct burial.

2.8 BACKFLOW PREVENTERS

A. Backflow Preventers shall be bronze and copper, reduced pressure type assembly Wilkins No. 375 by
Wilkins, Inc. (Zurn Industries LLP), 1801 Pttsburg Avenue, Erie, PA , 16502, 855-663-9876, or approved
equal. Size as per drawings.

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2.9 REMOTE CONTROL VALVE TIES

A. Remote control valve ties shall be plastic tags with wire to attach numbered tag to valve.

2.10 SOLVENT CEMENT FOR SOLVENT WELDED JOINTS

A. CHRISTY’S RED HOT BLUE GLUE T. Christy Enterprises, Inc., 1207 W. Struck Avenue, No. E, Orange,
CA 92667, 800-258-4583, or approved equal. Use a compatible primer recommended by the solvent
cement manufacturer.

2.11 SEALANT FOR THREADED JOINTS UNDER CONSTANT PRESSURE

A. RECTOR SEAL LIQUID TEFLON by Rector Seal Corp., 2830 Produce Row, Houston, Texas 77023, 713-
928-6423, or approved equal.

2.12 SLEEVES UNDER PAVING FOR CONTROL WIRE AND IRRIGATION LINES

A. PVC, Class 200 solvent weld sized as shown on drawings.

2.13 FITTINGS FOR THREADED JOINTS

A. ASTM D 2466, PVC, Schedule 80.

2.14 BACKFLOW ENCLOSURES

A. The backflow enclosure shall be Strong Box model no. SBBC-CR as manufactured by V.I.T. Products,
Inc., 800-729-1314.]

2.15 RAINFALL MONITOR

A. Provide a Mini-Clik by Glen Hilton Products or approved equal.

PART 3 - EXECUTION

3.1 EARTHWORK

A. Refer to Division 31 Section "Earth Moving" for excavating, trenching, and backfilling.

B. Location of Heads – Design location is represented as accurately as possible. Make minor adjustments
on site with approval of Landscape Architect as necessary to ensure consistent and even spacing where
applicable. Set all heads minimum 6” from back of curb and 4” from edge of concrete walls.

C. Install piping and wiring in sleeves under sidewalks, roadways, parking lots, and railroads.

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D. Provide minimum cover over top of underground piping according to the following:

1. Irrigation Main Piping: Minimum depth of 18 inches below finished grade.

2. Circuit Piping: 12 inches.
3. Sleeves: 24 inches

E. BACKFILL - Backfill with clean material from excavation after obtaining Landscape Architect’s approval.
Remove organic material, as well as rocks and debris larger than 1 inch in diameter. Place acceptable
backfill in 6 inch lifts and water jet all trenches.

F. EXISTING LAWNS – Where trenching is required across existing lawns, (or in even of changes or repairs
after new lawn has been established), uniformly cut strips of sod 6 inches wider than trench. Remove sod
in rolls of suitable size for handling and keep moistened until replanted.

1. Backfill trench to within 6 inches of finished grade and compact. Continue fill with acceptable
topsoil and compact to bring sod even with existing lawn.
2. Replant sod within 2 days after removal, roll and water generously.
3. Resod and restore to original condition all sod areas not in healthy condition equal to adjoining
lawns 30 days after replanting.

3.2 INSTALLATION

A. General - Unless otherwise indicated, Contractor shall comply with requirements of the governing Uniform
Plumbing Code.

B. Pipes

1. Piping Mains and Laterals - Lay out sprinkler mainlines and perform line adjustments and site
modifications to laterals prior to excavation. Lay pipe on solid subbase, uniformly sloped without
humps or depressions.
2. PVC Pipe Assembly

a. Cut PVC pipe square and de-burr. Clean pipe and fittings using primer as recommended by
the PVC pipe manufacturer. Use purple tinted primer to aid in visual inspection.
b. Apply a thin even flow coat of PVC solvent cement to inside of the fitting and pipe mating
surface. Cure joints as recommended by the manufacturer and keep pipe and fitting out of
service during curing period. Construct watertight joints equal or greater in strength than
the pipe. Do not tap pipe at fittings.

3. Install plastic pipe in dry weather, when temperature is above 40 degrees F. and in accordance
with manufacturer's written instructions. Allow joints to cure at least 24 hours at temperature above
40 degrees F. before testing.
4. Plastic pipe shall be snaked in the trenches in a manner to provide for expansion and contraction
as recommended by pipe manufacturer.

C. Sleeves Under Paving - The majority of sleeves under paving are existing as shown on drawings. Where
boring is required for new sleeves (refer to drawings), it shall be a "wet bore." Install sleeves 12" beyond
edge of pavement. Perform trench and backfill in accordance with these specifications.

D. Irrigation Heads

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1. Flush irrigation lines with full head of water and install heads after hydrostatic test is completed.
2. Install heads at manufacturer's recommended heights.
3. Locate part-circle heads to maintain a minimum distance of 4, 12, 24, 48 inches from walls and 2
inches form other boundaries, unless otherwise indicated.
4. Check for uniformity of coverage and pattern correctness. Adjust for 100% coverage where
required.
5. Install nozzles with water running at reduced pressure starting with the head closest to the valve.
6. Adjust arcs and radius at normal operating pressure.

E. Drip Tubing

1. Tubing installed in planting beds is to be placed at spacing indicated on drawings in shallow trench
and covered with planting backfill mix 1”-2” deep and then covered with mulch. Tubing is to be
placed after bed preparation is complete and plant material is planted. Refer to Section 329300 –
Plants.
2. Drip tubing is to be placed on top of root balls of trees in planting beds to allow for even watering of
trees.
3. All tubing is to be reviewed by Owner’s Representative prior to burying.

F. Electric Remote Control Valves

1. Adjust automatic control valves to provide flow rate at rated operating pressure required for each
irrigation section.
2. Install valves in valve boxes, arranged for easy adjustment and removal. Locate valves to ensure
ease of access for maintenance such that no physical interference with other elements of the
project exist.

G. Remote Control Valve Tags - One Remote Control Valve Tag shall be attached to stem of each electric
remote control valve. Tags shall be numbered sequentially. Numbers shall correspond to station
numbers in electric controller. Provide tags and corresponding numbers for wires pulled for future valves.

H. Valve Boxes - Install valve boxes to cover electric remote control valves. Install one valve per valve box.
Top of valve box shall be flush with finished grade. Bury minimum 4 bricks under base of each box as
support.

I. Control Wire Splice Boxes - Install control wire splice box to cover any splice in control wire. Top of valve
box shall be flush with finished grade. Bury minimum 4 bricks under base of each box as support. Install
control wire splice box to cover wires pulled for future valves.

J. Gravel Backfill - Backfill valve boxes and control wire splice boxes with gravel, minimum 6 inch depth.

K. Electric Controller

1. Controllers shall be fully grounded.

2. Connect remote control valves to controller in clockwise sequence to correspond with stations 1, 2,
3, successively.
3. Affix a non-fading copy of irrigation diagram to cabinet door below controller's name. Irrigation
diagram shall be sealed between two plastic sheets, 20 mils. minimum thickness. Irrigation

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diagram shall show clearly all valves operated by the controller, showing station number, valve
size, and type of planting irrigated.
4. Provide galvanized padlock against vandalism. Provide two keys to Owner. Keys to be matched
with existing controller key locking mechanisms.
5. Power to Controller & Locations: Location shown on plan for controller is approximate. Final
location shall be determined on site by Owner. Contractor shall supply 120 VAC to controller
from adjacent existing power sources. Follow local governing codes in electrical work.

L. Irrigation Control Wires

1. Provide 24 volt “Two-wire” system for control of automatic circuit-section valves of underground
irrigation system.
2. Install control wire with irrigation mains and laterals in common trench where possible. Lay control
wire to side of pipe. Provide looped slack at valves, corners, bores and snake wire in trench to
allow for contraction. Splices shall be made and placed in control wire splice boxes.

M. Backflow Preventers

1. Make required connection to water supply according to local codes and manufacturer's written
instructions.
2. Install pressure type backflow devices at required grade in accordance with the local Plumbing
Code. Exposed mainline and mainline risers above PVC pipe main elevation shall be copper.
Install one brass union in riser downstream of device.
3. Insulate all above ground piping.

3.3 TESTING

A. General - Notify Landscape Architect 48 hours in advance when testing will be conducted. Conduct tests
in presence of Landscape Architect.

B. Hydrostatic Test - Test irrigation main line, before backfilling trenches, to a hydrostatic pressure of not less
than 100 psi for 1 hour. Piping may be tested in sections to expedite work. Remove and repair or replace
piping and connections which do not pass hydrostatic testing. System shall not lose more than 1-1/2
gallons of water in 1 hour.

C. Shut off mainline at backflow preventer during non working hours until Contractor has demonstrated the
mainline is stable.

D. Operational Testing - Perform operational testing after hydrostatic testing is completed, backfill is in place
and irrigation heads are adjusted to final position.

1. Demonstrate to Landscape Architect that system meets coverage requirements, is a specified and
indicated, and that automatic controls function properly.
2. Coverage requirements are based on operation of one circuit at a time.
3. After completion of grading, sodding and rolling of grass areas, carefully adjust lawn sprinkler
heads so they will be flush with or not more than 1/2 inch above finished grade. Set shrub sprinkler
heads not more than 1/2 inch above top of mulch.

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3.4 MAINTENANCE

A. Contractor shall correctly maintain the irrigation system during the installation process and throughout the
landscaping maintenance service period. Specified in Section 329400 - Exterior Landscape Maintenance.

B. Contractor shall provide "As Built" Drawings for new work, showing dimensioned location of valves,
meters, backflow preventers, controllers, and mainline. Contractor shall request reproducible mylars from
the Landscape Architect in preparation of "As Built" Drawings.

END OF SECTION 328400

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SECTION 329201 – HYDROMULCHING (ALTERNATE 1)

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Hydromulch seeding.
2. Fertilization.

1.2 DEFINITIONS

A. Finish Grade: Elevation of finished surface of soil.

B. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with
stabilized organic soil amendments to produce topsoil or planting soil.

C. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This
includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes
substances or mixtures intended for use as a plant regulator, defoliant, or desiccant.

D. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals, or
people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and
mice), unwanted plants (weeds), fungi, bacteria, and viruses.

E. Topsoil shall be friable clay loam surface soil reasonably free of clay lumps, stones, weeds, roots and other
objectionable material, a product of onsite operations.

F. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or top surface of a fill or
backfill before planting soil is placed.

G. Subsoil: All soil beneath the topsoil layer of the soil profile and typified by the lack of organic matter and soil
organisms.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Certification of grass seed.

1. Certification of each seed mixture for turfgrass sod: Certification shall be submitted from the supplier
for each type of seed specified. Certification shall accompany the delivery of the seed and shall
indicate that the seed is in accordance with the requirements of the local and state authorities.

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C. Fertilizer certification: Certification shall be submitted from the fertilizer manufacturer as to the chemical
analysis of the fertilizer, a listing of the elements contained therein and their percentages. Certification shall
also indicate that the fertilizer is in accordance with the requirements of the local and state authorities.

1.4 QUALITY ASSURANCE

A. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project
site when work is in progress.

1. Pesticide Applicator: State licensed, commercial.

1.5 DELIVERY, STORAGE, AND HANDLING

A. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened containers showing
weight, certified analysis, name and address of manufacturer, and indication of conformance with state and
federal laws, as applicable.

B. Fertilizer Delivery: Fertilizer shall be delivered in the manufacturer's unopened containers, labeled to
indicate the manufacturer's name and product identification. Containers shall be stored protected from
ground contact and from the elements.

1.6 MAINTENANCE SERVICE

A. Initial Turf Maintenance Service: Provide full maintenance by skilled employees of landscape Installer.
Maintain as required in Section 329301. Begin maintenance immediately after each area is planted and
continue until acceptable turf is.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Type - Turfgrass seed shall be appropriate to season. The seed shall be harvested within 1 year prior to
planting, free of Johnsongrass, field bind weed, dodder seed, and free of other weed seed to the limits
allowable under the Federal Seed Act and applicable seed laws. The seed shall be extra fancy grade,
treated with fungicide, and shall have a germination and purity that will produce, after allowance for Federal
Seed Act tolerances, a pure live seed content of not less than 85 percent, using the formula: purity percent
times (germination percent times plus hard or sound seed percent). Seed shall be labeled in accordance
with U.S. Department of Agriculture rules and regulations.

B. Amounts:
Item Rate Per 1000 Sq. Ft.
Seed As per season, see below
Water As needed
Real Virgin Wood Minimum 50 lbs. to achieve
Fiber Mulch Covering of seeded area

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C. Spring/Summer Planting:
(April 15 to Sept. 15)
Hulled Bermuda 2 lbs./1000 Sq. Ft.

D. Fall/Winter Planting:
(Sept. 15 to April 15)
Unhulled Bermuda 1 ½ lbs./1000 Sq. Ft.
Annual Rye 5 lbs./1000 Sq. Ft.

E. Fertilizer: Fertilizer for hydromulch areas shall be commercial all organic, all natural biological fertilizer,
which includes humates, rock minerals, bio-inoculants and bio-stimulants. Fertilizer shall be granular,
uniform in composition, free flowing, and suitable for application with approved equipment. Fertilizer which
has been exposed to high humidity and moisture has become caked or otherwise damaged making it
unsuitable for use will not be acceptable. Fertilizer shall be MicroLife Ultimate 6-2-4 as manufactured by
San Jacinto Environmental Supply, 2221 A West 34th Street, Houston, TX 77018, 713-957-0909, or
approved equal. Fertilizer shall be applied at the rate of 15 lbs. per 1,000 sq. ft. Reference below for
application of organic fertilizer.

F. Wood Cellulose Fiber Mulch: Wood cellulose fiber mulch, for use with the hydraulic application of grass
seed and fertilizer, shall consist of specially prepared wood cellulose fiber. It shall be processed in such a
manner that it will not contain germination or growth inhibiting factors. It shall be dyed an appropriate color
to allow visual metering of its application. The wood cellulose fibers shall have the property of becoming
evenly dispersed and suspended when agitated in water. When sprayed uniformly on the surface of the
soil, the fibers shall form a blotter-like groundcover which readily absorbs water and allows infiltration to the
underlying soil. Weight specifications from suppliers for all applications shall refer only to air dry weight of
the fiber, a standard equivalent to 19 percent moisture. The mulch material shall be supplied in packages
having a gross weight not in excess of 100 pounds and be marked by the manufacturer to show the dry
weight content. Suppliers shall be prepared to certify that laboratory and field testing of their product has
been accomplished and that it meets all of the foregoing requirements.

G. Slurry Mix Components Per Acre:

Wood Cellulose Fiber Mulch 2,000 pounds
Grass Seed As Specified
Fertilizer As Specified

PART 3 - EXECUTION

3.1 INSPECTIONS

A. Surfaces indicated to be seeded shall be inspected to verify that all preparatory work in the area has been
completed. Seeding shall not start until all preparatory work has been completed. Requests for inspections
shall be made at least two days prior to anticipated date of inspection.

3.2 PREPARATION

A. All areas to receive seed shall be stripped and/or treated with a contact herbicide prior to seeding as
necessary to remove weeds, unless otherwise noted on drawings.

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B. Areas to receive seeding shall be loosened by manual or mechanical means to a depth of 1 1/2 inches,
leveled and fine graded by hand raking. All stone (1" in diameter and larger in the top 2" of soil) are to be
removed, tree stumps, brush, roots, vegetation, rubbish and other foreign matter shall be removed from the
site. No foreign matter may be buried on the site. All tree stumps must be removed to a depth of two (2)
feet below finish subgrade.

C. Care shall be taken to avoid erosion of slopes during preparation of hydromulch areas specifically on
detention pond slopes. Contractor to install erosion measures as required to keep all slopes stable and
avoid any erosion.

D. Contractor to avoid chemical contamination of existing waterways including detention ponds and streams
during preparation and seeding.

3.3 APPLICATION

A. Fertilizing and Seeding:

1. Special Mulching Equipment and Procedures: Hydraulic equipment used for the application of
fertilizer, seed, and slurry of prepared wood fiber mulch shall have a built-in agitation system with an
operating capacity sufficient to agitate, suspend, and homogeneously mix a slurry containing up to
forty (40) pounds of fiber plus a combined total of seventy (70) pounds of fertilizer solids for each
one hundred (100) gallons of water. The slurry distribution lines shall be large enough to prevent
stoppage. The discharge line shall be equipped with a set of hydraulic spray nozzles which provide
even distribution of the slurry on the slopes to be seeded. The slurry tank shall have a minimum
capacity of eight hundred (800) gallons and shall be mounted on a traveling unit which may be either
self-propelled or drawn with a separate unit which will place the slurry tank and spray nozzles within
sufficient proximity to the areas to be seeded to provide uniform distribution without waste. The
Owner's Representative may authorize equipment with smaller tank capacity provided that the
equipment has the necessary agitation system and sufficient pump capacity to spray the slurry in a
uniform coat.

B. Mixing: Care shall be taken that the slurry preparation takes place on the site of the work. Spraying shall
commence immediately when the tank is full.

C. Operators of hydromulching equipment shall be thoroughly experienced in this type of application. Apply
specified slurry mix in a motion to form a uniform mat at specified rate. The operator shall spray the area
with a uniform, visible coat by using the green color of the wood pulp as a guide. Keep hydromulch within
areas designated and keep from contact with other plant material. Slurry mixture which has not been applied
within four (4) hours of mixing shall not be used and shall be removed from the site.

D. After installation, the Contractor shall not operate any equipment over the covered area. Immediately after
application, thoroughly wash off any plant material, planting areas, or paved areas not intended to receive
slurry mix. Keep all paved and planting areas clean during maintenance operations.

E. Seeded Areas: All unplanted or skipped areas shall be re-seeded or planted with the grasses that were to
have been planted at no additional cost to the Owner.

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3.4 ACCEPTANCE

A. Contractor shall guarantee a full stand of grass, 95% cover with no bare areas in excess of 6 inches diameter
at time of substantial completion.

3.5 MAINTENANCE OF HYDROMULCH AREAS

A. After installation, hydromulch areas shall be watered in an amount and as often as necessary to keep seed
beds moistened to their full depth for a period of 2 weeks.

B. After initial 2 weeks of watering, seeded areas shall be watered and maintained to insure a healthy, vigorous
growth throughout the installation period and the landscape maintenance period.

3.6 GUARANTEE

A. A written guarantee shall be provided guaranteeing to maintain the treated areas in a healthy, vigorous,
undamaged condition for a period of 60 days beginning on the date of written acceptance of the work.

B. Contractor shall guarantee a full stand of grass, 95% cover with no bare areas in excess of 6 inches in
diameter.

C. Guarantee shall provide for timely filling, leveling and repairing eroded areas, reseeding areas exhibiting
lack of healthy growth and mowing as necessary to maintain a neat appearance.

END OF SECTION 329201

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SECTION 329202 - SODDING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Sod.
2. Fertilization.

1.2 DEFINITIONS

A. Finish Grade: Elevation of finished surface of soil.

B. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with
stabilized organic soil amendments to produce topsoil or planting soil.

C. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This
includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes
substances or mixtures intended for use as a plant regulator, defoliant, or desiccant.

D. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals, or
people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and
mice), unwanted plants (weeds), fungi, bacteria, and viruses.

E. Topsoil shall be friable clay loam surface soil reasonably free of clay lumps, stones, weeds, roots and
other objectionable material, a product of on-site operations.

F. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or top surface of a fill or
backfill before planting soil is placed.

G. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and
soil organisms.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Certification of grass sod.

1. Sod Certification – Certification shall be submitted from the sod nursery as to the grass species,
location of the field from which the sod has been stripped and the date of stripping. Certification
shall accompany the delivery of the sod.

C. Fertilizer certification: Certification shall be submitted from the fertilizer manufacturer as to the chemical
analysis of the fertilizer, a listing of the elements contained therein and their percentages. Certification

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shall also indicate that the fertilizer is in accordance with the requirements of the local and state
authorities.

1.4 QUALITY ASSURANCE

A. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project
site when work is in progress.

1. Pesticide Applicator: State licensed, commercial.

1.5 DELIVERY, STORAGE, AND HANDLING

A. Sod Delivery - Sod shall be delivered on pallets with the root system protected from exposure to wind and
sun. Stripping and delivery shall be timed so that sod will be placed within 48 hours of stripping.

B. Fertilizer Delivery: Fertilizer shall be delivered in the manufacturer's unopened containers, labeled to
indicate the manufacturer's name and product identification. Containers shall be stored protected from
ground contact and from the elements.

1.6 MAINTENANCE SERVICE

A. Initial Turf Maintenance Service: Provide full maintenance by skilled employees of landscape Installer.
Maintain as required in Section 329301. Begin maintenance immediately after each area is planted and
continue until acceptable turf is established.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Sod shall be nursery grown Celebration Bermuda, sod having a healthy, virile root system of dense, thickly
matted roots throughout the soil of the sod for a minimum thickness of 1 inch. Sod shall be free of noxious
weeds and undesirable native grasses. Soil attached to the sod shall be free of stones and debris.

B. Sod shall have been mowed within 7 days of being stripped. Sod shall be provided in rectangular pads of
not less than 12 inches nor more than 24 inches. Dry sod will be rejected.

C. Fertilizer for sod areas shall be a commercial all organic, all natural biological fertilizer, which includes
humates, rock minerals, bio-inoculants and bio-stimulants. Fertilizer shall be granular, uniform in
composition, free flowing, and suitable for application with approved equipment. Fertilizer which has been
exposed to high humidity and moisture has become caked or otherwise damaged making it unsuitable for
use will not be acceptable. Fertilizer shall be Microlife Ultimate 6-2-4 as manufactured by San Jacinto
Environmental Supply, 2221 A West 34th Street, Houston, TX 77018, 713-957-0909, or approved equal.
Fertilizer shall be applied at the rate of 15 lbs per 1,000 sq. ft.

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PART 3 - EXECUTION

3.1 INSPECTIONS

A. Surfaces indicated to receive sod shall be inspected to verify that all preparatory work in the area has
been completed. Sod installation shall not start until all preparatory work has been completed. Requests
for inspections shall be made at least two days prior to anticipated date of inspection.

3.2 PREPARATION

A. Strip existing vegetation and 1 inch of existing soil from all areas to receive sod not stripped and graded
under previous work.

B. After stripping, loosen soil to a depth of 2 inches prior to laying sod. Break up compacted soil. Remove all
stones, roots, vegetation, rubbish, debris and other foreign matter 1" in diameter or larger from the top 2"
of soil. No foreign matter may be buried on site.

C. Care shall be taken to avoid erosion of slopes during preparation of hydromulch areas specifically on
detention pond slopes. Contractor to install erosion measures as required to keep all slopes stable and
avoid any erosion.

D. Contractor to avoid chemical contamination of existing waterways including detention ponds and streams
during preparation and seeding.

E. Hand rake to achieve a uniform loose depth to 2 inches and a smooth, consistent grade immediately prior
to laying sod.

F. Finish grade to be 1 1/2” below top of adjacent hardscape.

G. Immediately prior to placing sod, apply the fertilizer by broadcast method at manufacturer's specified rate
and lightly moisten.

3.3 INSTALLATION

A. All sod shall be carefully laid in parallel rows in a smooth manner, alternating all sod joints. Fit sod strips
tightly together so that no joints are visible and tamp firmly. Cut pieces of sod to fill any voids left.

B. On slope 3:1 or greater or where indicated on drawings, install sod perpendicular to slope and secure
each row with wooden pegs a maximum of 24” o.c. Drive pegs flush with soil portion of sod. Pegs to be 1-
inch square and 6 inches long.

C. Water sod immediately after planting, slowly but thoroughly, to secure at least six (6) inches penetration
into the soil below the sod. Do not allow the blades of grass to wilt. The sodded area shall be thoroughly
rolled in 2 directions to form a thoroughly even, solid mat. Any voids left in block sodding shall be filled
with cut sod pieces and/or topsoil.

D. Following the completion of the installation, the sod shall be watered in an amount and as often as
necessary to maintain healthy growth of the grass.

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E. Treat entire areas of sod for fire ants during the 60-day maintenance period as per manufacturer's
instructions and Section 329300, Plants.

F. Apply second application of fertilizer 60 days after planting as per Section 329300, Plants.

3.4 MAINTENANCE OF SODDED AREAS

A. Sodded area shall be maintained in good condition throughout the installation process and throughout the
maintenance period as specified in Section 329301, Exterior Landscape Maintenance.

B. Upon completion of work, clean areas within Contract limits, remove tools, supplies and equipment. Wash
down curbs and pavement areas. Scrub curbs and walks as necessary to ensure a clean surface.
Provide site clean and free of materials and suitable for use as intended.

3.5 GUARANTEE

A. A written guarantee shall be provided guaranteeing to maintain the treated areas in a healthy, vigorous,
undamaged condition for a period of 60 days beginning on the date of written acceptance of the work.

B. Guarantee shall provide for timely filling, leveling and repairing eroded areas, reseeding areas exhibiting
lack of healthy growth and mowing as necessary to maintain a neat appearance.

END OF SECTION 329202

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SECTION 329300 - PLANTS

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Plants.
2. Planting soils.

1.2 DEFINITIONS

A. Backfill: The earth used to replace or the act of replacing earth in an excavation.

B. Finish Grade: Elevation of finished surface adjacent to planting bed.

C. Prepared Backfill Mix: Soil produced off-site by homogeneously blending mineral soils or sand with
stabilized organic soil amendments to produce topsoil or planting soil.

D. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This
includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes
substances or mixtures intended for use as a plant regulator, defoliant, or desiccant.

E. Pests: Living organisms that occur where they are not desired, or that cause damage to plants, animals, or
people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and
mice), unwanted plants (weeds), fungi, bacteria, and viruses.

F. Topsoil: Standardized topsoil; existing, native surface topsoil; existing, in-place surface soil; imported
topsoil; or manufactured topsoil that is modified with soil amendments and perhaps fertilizers to produce a
soil mixture best for plant growth.

G. Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or
trunk broadens to form roots; the area of transition between the root system and the stem or trunk.

H. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill
or backfill before planting soil is placed.

I. Subsoil: All soil beneath the topsoil layer of the soil profile and typified by the lack of organic matter and soil
organisms.

1.3 SUBMITTALS

A. Work Schedule: Contractor shall submit a work schedule for all planting work prior to purchase and
installation of plant material.

B. Product Data: For each type of product indicated, including soils.

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C. Samples of backfill mix.

D. Samples of mulch.

E. Product certificates.

F. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of plants

during a calendar year. Including manufacturer’s recommendations and instructions recommending
procedures to be established by Owner for maintenance of planting work. Submit instructions prior to
expiration of Contractor’s required maintenance period.

1.4 QUALITY ASSURANCE

A. Installer: Installation of planting work shall be performed by a single firm specializing in landscape and
planting work. Contractor shall be licensed by the Texas Association of Nurserymen, shall possess an
agricultural certificate, shall be a licensed pesticide applicator, and shall have not less than 5 years of
experience in this type of work.

B. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project
site when work is in progress.

1. Pesticide Applicator: State licensed, commercial.

C. Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements
in ANSI Z60.1. Provide healthy, vigorous stock, grown in recognized nursery in accordance with good
horticultural practice and free of disease, insects, eggs, larvae and defects such as knots, sunscald, injuries,
abrasions or disfigurement.

D. Delivery, Storage and Handling:

1. Compliance: Ship planting materials with Certificates of Inspection as required by governing

authorities. Comply with all applicable local, state, and federal requirements regarding materials,
methods of work, and disposal of excess and waste materials.
2. Substitutions: Do not make substitutions unless approved in writing by Owner’s Representative. If
specified planting material is not obtainable, submit proof of non-availability to Owner’s
Representative together with proposal for use of equivalent material. Contractor shall submit
proposal in a timely manner as to not impact project completion or installation of other work.
3. Analysis and Standards: All packaged products shall be delivered in original manufacturer's sealed
containers. For unpackaged materials, submit analysis by recognized laboratory made in
accordance with methods established by the Association of Official Agriculture Chemists, wherever
applicable.
4. Inspection: Notify Owner’s Representative at least 2 weeks prior to installation, of location where
materials that have been selected for planting may be inspected, either at place of growth or the site
prior to planting. Plant material will be inspected for compliance with requirements for genus,
species, variety, size and quality. Owner’s Representative retains right to further inspect trees for
size and conditions of balls and root systems, insects, injuries and latent defects, and to reject
unsatisfactory or defective material at any time during progress of work. Contractor shall remove
rejected trees immediately from site and replace with specified materials. Plant material not installed
in accordance with Contract Documents will be rejected.

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1.5 WARRANTY

A. Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials,
workmanship, or growth within specified warranty period.

1. Failures include, but are not limited to, the following:

a. Death and unsatisfactory growth, except for defects resulting from abuse, lack of adequate
maintenance, or neglect by Owner, or incidents that are beyond Contractor’s control.
b. Structural failures including plantings falling or blowing over.

2. Warranty Periods from Date of Substantial Completion:

a. Trees, Shrubs, Vines, and Ornamental Grasses: 12 months.

b. Groundcovers, Biennials, Perennials, and Other Plants 12 months.
c. Annuals: Two months.

3. Remove and replace trees, shrubs and groundcover found to be dead or in unhealthy condition
during warranty period. Replace trees, shrubs and groundcover which are in doubtful condition at
end of warranty period. However, if in the opinion of Owner, such doubtful material may survive,
Contractor shall extend the warranty period for a full growing season. Owner will determine which
items are in doubtful condition.

1.6 MAINTENANCE SERVICE

A. Initial Maintenance Service: Provide maintenance by skilled employees of landscape installer. Begin
maintenance immediately after plants are installed throughout the maintenance period. See Section 329301
– Exterior Landscape Maintenance.

1.7 JOB CONDITIONS

A. Work Scheduling: Proceed with and complete planting work in a timely manner, working within seasonal
limitations for each kind of planting work required.

B. Planting Time:

1. Correlate planting with specified maintenance periods to provide maintenance from date of
Substantial Completion.
2. Plant frost-tender trees only after danger of frost is past or sufficiently before frost season to allow
for establishment before first frost. Do not plant in frozen ground.
3. Plant trees, shrubs and groundcover after final grades are established and prior to planting of lawns,
unless otherwise directed by Owner’s Representative in writing. If planting occurs after lawn work,
protect lawn areas and promptly repair damage to lawns resulting from planting operations.

C. Utilities: Refer to drawings and coordinate with Utility Contractor for location of utilities. Contractor shall be
responsible for damage to existing utilities and structures.

D. Security: The Owner will not assume any responsibility for security of any materials, equipment, etc. during
construction of the project until project acceptance.

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E. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse
drainage conditions beyond the scope of this contract, or obstructions, notify Owner’s Representative of
such conditions, immediately and before planting.

F. Pollution Control: Control dust caused by planting operations. Dampen surfaces as necessary. Comply
with pollution control regulations of governing authorities.

PART 2 - PRODUCTS

2.1 PLANT MATERIAL

A. General: Furnish nursery-grown plants true to genus, species, variety, cultivar, stem form, shearing, and
other features indicated in Plant Schedule or Plant Legend shown on Drawings and complying with
ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well-shaped,
fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae,
and defects such as knots, sun scald, injuries, abrasions, and disfigurement.

2.2 FERTILIZERS

A. Fertilizer for planting areas shall be a commercial all organic, all-natural biological fertilizer, which includes
humates, rock minerals, bio-inoculants and bio-stimulants. Fertilizer shall be granular, uniform in
composition, free flowing, and suitable for application with approved equipment. Fertilizer which has been
exposed to high humidity and moisture has become caked or otherwise damaged making it unsuitable for
use will not be acceptable. Fertilizer shall be MicroLife Ultimate (8-4-6) as manufactured by San Jacinto
Environmental Supply, 2221 A West 34th Street, Houston, TX 77018, 713-957-0909, or approved equal.
Fertilizer shall be mixed into the planting mix at the rate of 5 lbs. per cu. yd.

B. Additional fertilizer, MicroLife 6-2-4, shall be evenly dispersed through soil in planting pits for all plants 15
gal. and above.

Material No. of Ounces per Planting Pit

15-gallon 2 oz.
30-gallon 3 oz.
45-gallon 4 oz.
65-gallon 6 oz.
100-gallon 10 oz.

C. Soil Amendment for planting areas shall be granular humates which include trace minerals, humic acid,
fulvic acid. Humates soil amendment shall be MicroLife Humates Plus as manufactured by San Jacinto
Environmental Supply. Apply at the rate of 10 lbs./1000 sf.

D. Tree Inoculant: Mycorrhizal Inoculant shall be applied to all trees and plant materials 45 gallons and larger.
Inoculant shall be Rhizanova Mycorrhizal Inoculant as supplied by San Jacinto Landscape Supply, Houston,
TX, at the rate of one 3 oz. dry pack per caliper inch or Mycor Tree Injectable for Endo and Ecto trees and
shrubs as manufactured by Plant Healthcare, Inc. Pittsburg, PA, 800-421-9051, applied at the
manufacturer’s recommended rate.

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E. Root Stimulator shall be liquid root stimulator containing cold-pressed kelp, soluble fish, humic acid,
molasses, minerals, natural plant stimulators, natural sugars and chelators, natural enzymes and amino
acids. Root stimulator shall be Super Seaweed as manufactured by San Jacinto Environmental Supply or
approved equal. Apply at the rate of 2 oz. per gallon of water/per 1000 sf. Apply to thoroughly soak rootball.

2.3 PLANTING SOILS

A. Prepared Planting Soil Backfill Mix: Shall be "Garden & Flowerbed Mix" as supplied by Nature’s Way
Resources, Conroe, TX, "Premium Flower, Bed and Garden Soil" as supplied by The Ground Up, Houston,
TX, "Soil Mix with Forest Floor Compost" as supplied by LETCO, Houston, TX, or approved equal
commercially available soil mix containing sharp sand, compost and topsoil.

B. Compost to be included in bed prep/soil backfill mix and for seed preparation shall be leaf mold compost
as supplied by Nature’s Way Resources, Inc., Conroe, Texas, "handcrafted vegan compost" as supplied by
The Ground Up, Houston, Texas, "Forest Floor Compost" as supplied by LETCO, Houston, Texas, or
approved equal.

1. Contractor shall furnish copies of manufacturer’s literature, certifications, sources, samples, or

laboratory analytical data for all items submitted as an approved equal. Certificates of inspection
required for transportation shall accompany each shipment of materials. Provide certificates to
Owner’s Representative.
2. Testing:

a. Chemical and Physical - All compost components shall be tested by the following testing
laboratories for conformity to the specifications:
b. Texas Plant and Soil Lab, 5115 West Monte Cristo, Edinburg, Texas 78539, (956) 383-0739;
A&L Plains Agricultural Laboratories, Inc., 302 34th Street, Lubbock, Texas 79404, (806) 763-
4278; Soil and Plant Laboratory, Incorporated, Post Office Box 153, Santa Clara,
California 95052, (408) 243-0330.
c. Biological: Soil Food Web. 1128 NE 2nd Street, Suite 120, Corvallis, Oregon 97330, (541)
752-5066.
d. If herbicide contamination is suspected, then a radish/rye-grass growth trial must be
performed. For delivered material, test one grab sample for each fifty (50) cubic yards of bulk
material delivered to the site. Testing will be at the expense of Contractor. Deviations
greater than plus or minus twenty (20%) percent from control data may be grounds for
rejection of mixes tested. Non-conforming materials shall not be used and shall be removed
from the site.

3. Biological, physical and chemical specifications:

a. Specifications: Stability/Maturity (Carbon Dioxide Evolution Rate) Shall be less than 8 mg

CO2-C per g OM (organic matter) per day and greater than 6.0 on the SolvitaTM Compost
Maturity Test.
b. Biological components: Bacteria and fungus ratio shall be minimum 50:50 ratio
demonstrating balanced ratio or fungal dominance. Bacteria (active) - minimum of 15-25
micrograms per gram of compost; Bacteria (total) - minimum of 150 micrograms per gram of
compost; Fungus (active) - minimum of 15-25 micrograms per gram of compost; Fungus
(total) - minimum of 150 micrograms per gram of compost; Fungus (hyphal diameter) – should
be greater than 1 mm; Protozoa: flagellates - 8,000 or higher per gram of compost; amoebae

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- 8,000 or higher per gram of compost; ciliates - 50-100 or higher per gram of compost;
Root Feeding Nematodes should not be present (beneficial nematodes are a benefit).

4. PHYSICAL Specifications: Moisture Content - 30-60%, wet weight basis; Moisture Holding Capacity
- 75-200% of dry weight; Organic Matter Content - 30-70% (40-50% preferred), dry weight basis;
Particle Size: Standard Grade Compost - 100% passing through a 1” rectangular mesh screen or
smaller; Fine Grade Compost - 100% passing through a 3/8” rectangular mesh screen or smaller;
Bulk Density - 700-1,200 (800-1,000 preferred), pounds per cubic yard; Electrical Conductivity
(Soluble Salt Concentration) -10 dS/m max., (2.0-3.6 or less preferred).
5. CHEMICAL Specifications: pH 6.0-8.5; Total Salinity-2,000 ppm or lower; Chemical components
(H2O extraction): Nitrogen-10 ppm or higher, Phosphorus-100 ppm or higher, Potassium- 400 ppm
or higher, Calcium-2000 ppm or higher, Magnesium-200 ppm or higher, Zinc-6 ppm or higher,
Iron-25 ppm or higher, Manganese - 8 ppm or higher, Copper-1 ppm or higher, Sodium-1000 ppm
or less, Sulfur-10 ppm or higher Boron-1 ppm or higher.

C. Topsoil:

1. Provide topsoil which is fertile, friable, natural loam, surface soil, free of subsoil, clay lumps, brush,
weeds and other litter, and free of roots, stumps, stones larger than 2 inches in any dimension and
other extraneous or toxic matter harmful to plant growth.
2. Obtain topsoil only from naturally, well-drained sites where topsoil occurs in a depth of not less than
4 inches. Topsoil shall not be collected from sites that are infected with growth of, or the reproductive
parts of noxious weeds, especially nut grass. Topsoil shall not be stripped, collected or deposited
while wet. Topsoil shall not be excessively acid or alkaline or contain toxic substances which may
be harmful to plant growth. Topsoil shall be without admixture of subsoil.

2.4 MULCHES

A. Mulch for Top Dressing: Shredded hardwood Organic mulch free from deleterious materials and suitable
for top dressing of trees, shrubs or plants. Mulch shall be composted, well-rotted, blended double-shredded
hardwood mulch, black or dark brown in color. Mulch pieces shall be sized to pass through a 1" screen. No
dyes, mushroom compost or other additives shall be used to artificially enhance the appearance of the level
of composting. Mulch shall be Native Hardwood Mulch as supplied by Natures Way Resources, 101
Sherbrook Circle, Conroe, TX, or approved equal.

B. Pine Straw: Pine straw shall be clean, dry commercially baled pine straw.

2.5 PESTICIDES

A. General: Pesticide registered and approved by EPA, acceptable to authorities having jurisdiction, and of
type recommended by manufacturer for each specific problem and as required for Project conditions and
application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction.

2.6 HERBICIDE

A. Pre-emergent herbicide shall be Surflan Pro or approved equal. Apply pre-emergent over all planting areas
prior to spreading mulch at the rate recommended by the manufacturer.

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B. If necessary, contact herbicide shall be Roundup by Monsanto, 800 N. Lindbergh, St. Louis, MO 63167,
314-694-1000, or approved equal. Apply Roundup only if necessary and if approved by owner or owner’s
representative. Do not exceed manufacturer’s recommended rate of application.

2.7 STAKING AND GUYING

A. Reference drawings for staking and guying material.

PART 3 - EXECUTION

3.1 PLANTING

A. Excavation for Trees and Large Shrubs:

1. Excavate pits with vertical sides and with bottom of excavation slightly raised at center to provide
proper drainage. Rough up sides of pit.
2. Make excavations at least half again as wide as the ball diameter and equal to the ball depth, plus
4” allowance for setting of ball on a layer of compacted backfill.
3. Dispose of subsoil removed from planting excavations. Do not mix with planting soil or use as
backfill.

B. Planting Trees and Large Shrubs:

1. Set stock on layer of compacted prepared planting soil backfill mix, plumb and in center of pit at
same elevation as adjacent finished planting grades. Distribute additional fertilizer evenly throughout
backfill mix in hole at specified rate. Place prepared planting soil backfill mix around base and sides
of ball and work each layer to settle backfill and eliminate voids and air pockets. When excavation
is approximately 2/3 full, water thoroughly before placing remainder of backfill. For trees, apply Tree
Inoculant at rate specified according to size of tree. Repeat watering until no more water is absorbed.
Dish top of backfill to allow for mulching.
2. Prune, thin out, and shape shrubs in accordance with standard horticultural practice. Prune shrubs
to retain natural character. Remove and replace excessively pruned or misformed stock resulting
from improper pruning.
3. Stake and guy trees as per the drawings.

C. Excavation and Soil Preparation for Shrubs/Groundcovers in Planting Beds:

1. Excavate entire planting beds to a depth of 8 inches. Planting beds to have vertical sides.
2. Dispose of subsoil removed from planting beds excavations. Do not mix with planting soil or use as
backfill.
3. Till bottom of planter 2”-4”, leave bottom of planter un-compacted. Backfill with 8” of prepared backfill
mix.

D. Planting of Shrubs in Beds:

1. Set stock on layer of prepared planting soil backfill mix, plumb and slightly above adjacent finished
planting grades. Place additional prepared planting soil backfill mix around base and sides of ball
and work each layer to settle backfill and eliminate voids and air pockets. Layer and distribute

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additional fertilizer in planting hole at specified rate. Water entire bed thoroughly, adjusting plant if
settling occurs.

3.2 PLANT MAINTENANCE

A. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, restoring planting
saucers, resetting to proper grades or vertical position, and performing other operations as required to
establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of insects and
disease.

B. Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace mulch
materials damaged or lost in areas of subsidence.

C. Apply treatments as required to keep plant materials, planted areas, and soils free of pests and pathogens
or disease. Use practices to minimize the use of pesticides and reduce hazards.

D. Apply pesticides and other chemical products and biological control agents in accordance with authorities
having jurisdiction and manufacturer's written recommendations. Coordinate applications with Owner's
operations and others in proximity to the Work. Notify Owner before each application is performed.

E. Protect plants from damage due to landscape operations and operations of other contractors and trades.
Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged
plantings.

END OF SECTION 329300

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SECTION 329301 - EXTERIOR LANDSCAPE MAINTENANCE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and all
applicable specification sections, apply to this section.

1.2 WORK COVERED

A. Furnish all labor, materials and equipment as necessary to provide a landscape maintenance program in
strict accordance with the Specifications and Drawings as prepared by Clark Condon Associates.

1.3 RELATED WORK IN OTHER SECTIONS

A. Examine all section for work related to this section.

1.4 REQUIREMENTS OF REGULATORY AGENCIES

A. Perform Work in accordance with all applicable laws, codes, and regulations required by authorities
having jurisdiction over such work and provide for all permits required by local authorities.

1.5 CONTRACTOR RESPONSIBILITIES

A. The Contractor shall begin maintenance immediately upon starting any portion of the Work of this
contract.

B. The Contractor's Maintenance Period shall continue 60 days beyond Substantial Completion of all Work in
this contract.

C. Trees, Shrubs and Groundcovers: The Contractor's maintenance of new planting shall consist of
watering, cultivating, weeding, mulching, re-staking, tightening and repairing of guys, resetting plants to
proper grades or upright position, restoration of the planting saucer, and furnishing and applying such
sprays and invigorants as are necessary to keep the plantings free of insects and disease and in thriving
condition.

D. Irrigation System: Maintenance of irrigation system shall consist of monitoring and adjustment of the
duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, repair
of leaks in both mains and lateral lines and all other work required to establish a complete working
irrigation system.

E. Lawns: Maintenance of new lawns shall consist of mowing, watering, weeding, repair of all erosion and
reseeding as necessary to establish a uniform stand of specified grasses.

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December 2021 Phase V Entries and Landscape

F. Trash Pick-up: Pick up trash on site and empty trash receptacles at each site visit.

1.6 PROTECTION

A. Protect planting areas and lawns at all times against damage of all kinds for duration of maintenance
period. Maintenance includes temporary protection fences, barriers and signs as required for protection.
If any plants become damaged or injured, because sufficient protection was not provided, treat or replace
as directed by Owner at no additional cost to Owner.

1.7 FINAL ACCEPTANCE

A. Work under this section will be accepted by Landscape Architect upon satisfactory completion of all work,
including maintenance, replacement of plant materials and lawns under the Warranty Period. Upon final
Acceptance, the Owner will assume responsibility for maintenance of the Work.

1.8 WARRANTIES AND REPLACEMENTS

A. Refer to other sections.

1.9 MAINTENANCE INSTRUCTIONS

A. At the completion of work, furnish two (2) copies of written maintenance instructions to Owner and one (1)
copy to Landscape Architect for maintenance and care of all planting throughout the year.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Materials required for installed items shall match those already in use.

B. Samples of all materials not specified under other sections of these Specifications shall be submitted for
review by Landscape Architect prior to use.

C. Fertilizer for sod areas shall be a commercial all-organic, all-natural biological fertilizer, which includes
humates, rock minerals, bio-inoculants and bio-stimulants. Fertilizer shall be granular, uniform in
composition, free-flowing, and suitable for application with approved equipment. Fertilizer which has been
exposed to high humidity and moisture, has become caked or otherwise damaged making it unsuitable for
use will not be acceptable. Fertilizer shall be MicroLife Ultimate 6-2-4 as manufactured by San Jacinto
Environmental Supply, 2221 A West 34th Street, Houston, TX 77018, 713-957-0909, or approved equal.
Fertilizer shall be applied at the rate of 15 lbs. per 1,000 sq. ft.

EXTERIOR LANDSCAPE MAINTENANCE 329301 - 2

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December 2021 Phase V Entries and Landscape

2.2 REQUIRED EQUIPMENT

A. Contractor shall have available for their use the following maintenance equipment:

1. Lawn Mowers
2. Gasoline Powered Edgers
3. Trash Collection Equipment
4. Line Trimmers
5. Miscellaneous Hand Tools, Rakes, Brooms, Etc.
6. Blowers
7. Other as needed

PART 3 - EXECUTION

3.1 WATERING

A. It shall be the responsibility of the Contractor to assure that the correct watering of plant materials is being
accomplished through the following irrigation techniques:

1. Regular deep watering to all new trees until there are definite signs that the trees have established
themselves, new growth is apparent, and no trees are experiencing stress conditions.
2. Frequent watering to the lawn areas to insure against drying. This may be accomplished as above,
by the automatic sprinkler system, hand watering or portable sprinklers. Contractor shall monitor
settings of automatic sprinkler controls and recommend necessary adjustments according to
climatic changes.

B. Contractor shall be responsible for watering areas within the project limits that do not have irrigation
systems.

C. Contractor shall be responsible for damages to irrigation system caused by maintenance operations.

3.2 MAINTENANCE OF TURF AREAS

A. Mowing lawn/grass areas shall be accomplished with sharp, properly adjusted mowers of the correct size
for the various areas.

B. Mowing frequency shall be as per the Landscape Maintenance Program. Blade heights shall be set
according to the following schedule.

1. 1 ½ inches Initial Mowing

2. 1 ½ inches April – November
3. 2 inches December – March

C. In the event of a prolonged rainy period and a surge of leaf growth is anticipated, the mower height may
be readjusted to prevent “scalping” or skinning of lawn on preceding cuts.

D. Lawn shall be edged evenly at all walks, headers and other structures as per the schedule. Use an
edger, not a line trimmer.

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December 2021 Phase V Entries and Landscape

E. Until the establishment of the turf, the Contractor will be responsible for replacing soils that have eroded
onto the paved areas. Residual soils on paving will be removed and if not mingled with objectionable
materials may be re-used in eroded areas.

F. Immediately upon observing any lawn grass spreading into shrub or groundcover areas, the Contractor
shall initiate a program of removal and maintain this program throughout the maintenance period.

G. Any lawn grass appearing in paved areas shall receive an application of soil sterilant according to
manufacturer’s direction. The sterilant shall be approved and will not be detrimental structurally to paved
areas.

H. Special effort shall be given to the control to fire ants infesting the site. After control is accomplished, the
ant mounds shall be lowered and tamped to the existing grade.

I. Apply top dress fertilizer after grassing, if needed.

3.3 MAINTENANCE OF TREES AND SHRUBS

A. Contractor shall adjust and tighten as required all tree staking and guying. Removal as directed by
Owner's Representative.

B. All weeds within the mulched area around each tree and in each shrub bed shall be removed as often as
required. Under no circumstances shall weeds and grass within planted areas be allowed to attain more
than 4 inches growth.

C. Contractor shall be continuously alert for signs of insect presence or damage or the presence or damage
from plant fungi. Upon locating such evidence, the Contractor shall report it to the Owner's
Representative and take action as directed.

3.4 MAINTENANCE OF IRRIGATION SYSTEM

A. Irrigation System: Maintenance of irrigation system shall consist of monitoring and adjustment of the
duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, repair
of leaks in both mains and lateral lines and all other work required to establish a complete working
irrigation system.

3.5 TRASH COLLECTION

A. Removal of debris from the site unrelated to horticultural maintenance (paper, bottles, can, “Pirate” signs,
etc.) shall be the responsibility of the Contractor. Contractor shall pick up trash and empty trash
receptacles at each site visit. Frequency as per Landscape Maintenance Program.

3.6 DE-WATERING

A. Contractor shall de-water by pumping or siphoning as often as necessary to remove excess moisture
from soil in planting areas and tree balls. De-watering to occur during scheduled visits as required.

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December 2021 Phase V Entries and Landscape

PART 4 - SCHEDULES

4.1 THE EXECUTION ITEMS OF PART 3 IN THIS SPECIFICATION SHALL BE PERFORMED AS PER THE
FOLLOWING SCHEDULE AS APPLICABLE FOR THE MAINTENANCE PERIOD:

MONTH # OF VISITS PER MONTH

January 2
February 2
March 4
April 4
May 5
June 4
July 5
August 5
September 5
October 3
November 2
December 2

4.2 LAWN FERTILIZATION

A. All manicured lawn areas shall be fertilized 30 days after seeding or sodding and 2 times annually in
March and August.

4.3 MULCHING, WEEDING, WEED CONTROL, GUYING AND STAKING ADJUSTMENT

A. As required at each visit.

4.4 MEETING

A. Contractor shall meet once each month and at the end of the maintenance period with the Owner’s onsite
maintenance personnel. Contractor shall review irrigation system schedule and operation and other
pertinent and helpful maintenance information at each meeting.

END OF SECTION 329301

EXTERIOR LANDSCAPE MAINTENANCE 329301 - 5

 EXHIBIT M

Memorandum of Contract
 MEMORANDUM OF CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

HF HOLDING COMPANY, LLC, a Delaware limited liability company (“Developer”), HF HOLDING

COMPANY, LLC, a Delaware limited liability company (the “Owner”) and ___________________,
a ________________________ (“Contractor”), entered into a certain Contract (the “Contract”)
dated as of ________________________, 20___, for the construction of those certain
improvements commonly identified as Construction of
_____________________________________________, located in Montgomery County, Texas,
being more particularly described in Exhibit “A” attached hereto and incorporated fully herein.

Under the terms of the Contract, Contractor shall construct such improvements described
therein for a stipulated sum of _____________________________________________________
($___________), payable as the work is performed in accordance with the terms of the Contract.
Further, pursuant to the Contract, the Contractor has furnished that certain payment bond to the
Owner as obligee in conformance with the requirements of Chapter 53 of the Texas Property
Code, to which this Memorandum of Contract is attached and which is being filed for recording
contemporaneously with this Memorandum of Contract.

This Memorandum of Contract does not alter, amend or modify the Contract, but is executed
solely for the purpose of serving as the memorandum of contract in compliance with the
provisions of Subchapter I, Chapter 53 of the Texas Property Code.

EXECUTED as set forth below.

DEVELOPER:
HF HOLDING COMPANY, LLC,
a Delaware limited liability company

By:
Name:
Title:

TATE OF TEXAS §
COUNTY OF MONTGOMERY §

This instrument was acknowledged before me on _____________________, 20____, by

_____________________________, Co-President of HF HOLDING COMPANY, LLC, a Delaware
limited liability company.

Notary Public, State of Texas

 OWNER:
HF Holding Company, LLC,
a Delaware limited liability company

By:
Name:
Title:

STATE OF TEXAS §
COUNTY OF MONTGOMERY §

This instrument was acknowledged before me on _____________________, 20____, by

_____________________________, Authorized Representative of , a Delaware limited liability
company, on behalf of said limited partnerships.

Notary Public, State of Texas

EXHIBIT N

Addenda
 EXHIBIT O

Construction Drawings