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HomeMy WebLinkAboutContract 53564-PM1CITY SECRETARY535L 4 !OM, CONTRACTNO. ~ -, 1·v, CONTRACT DOCUMENTS FOR STREETLIGHT IMPROVEMENTS LIBERTY TRAILS DENTON COUNTY, TEXAS OWNER/DEVELOPER: D . R. HORTON -TEXAS, LTD. DFW WEST DIVISION 6751 North Freeway Fort Worth, Texas 76131 Tel: (817) 230 -0800 Fax: (817) 230 -0896 ENGINEER: Name:Pape Dawson Address:One Ridgemar Center 6500 west Frwy Suite 700 Ft. Worth, TX 76116 Tel: 817.870.3668 Attention: Mark Spear I G :\Devclopment\projccts\DFW\ _ Legacy Projccts\Libeny Trails (Brookfic ld)\DEVELO PMENT Generic Im provements-Con I met REV 7 .12.20 IS.doc Proj ec t Nro_,. ==::::;;:::-~- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONSTRUCTION CONTRACT TABLE OF CONTENTS Pam RECITALS- .................................................................................................. 5 ARTICLE 1 -DEFINITIONS ......................................................................................... 5 ARTICLE 2 - CONSTRUCTION................................................................................... 6 ARTICLE 3 - CONTRACT PRICE AND PAYMENT .................................................. 7 ARTICLE 4 - CONTRACT DOCUMENTS.................................................................. 8 ARTICLE 5 - SURVEYS, STAKES, AND PERMITS .................................................. 8 ARTICLE 6 - EXAMINATION OF JOB SITE........................................................... 10 ARTICLE 7 - TESTING, INSPECTIONS AND CORRECTION OF WORK ............ 10 ARTICLE 8 - CHANGES IN WORK.......................................................................... I I ARTICLE 9 - TIME FOR COMPLETION: EXTENSIONS OF TIME ...................... 11 ARTICLE 10 - USE OF LAND BY OWNER..............................................................13 ARTICLE 11 - TRAFFIC CONTROL AND CLEAN UP...........................................13 ARTICLE 12 - SUBCONTRACTORS........................................................................13 ARTICLE 13 - PROTECTION AND CHARACTER OF WORKMEN .....................14 ARTICLE 14 - PROTECTION OF PROJECT......................................................... :... 14 ARTICLE 15 - INDEMNITY AGREEMENT .............................................................15 ARTICLE 16 - INSURANCE TO BE MAINTAINED BY CONTRACTOR.............16 ARTICLE 17 - NO WAIVER.......................................................................................18 ARTICLE 18 - WARRANTY......................................................................................18 ARTICLE 19 - TERMINATION OF CONTRACTOR BY OWNER .........................18 2 C:`DevelopmenI%projectslDFV".Legacy Projects': Liberty Trails ($rookllelff DEVELOPWN-17 Generic Improvements -Contract REV 7.12.201&doc TABLE OF CONTENTS, Continued Page No. ARTICLE 20 — OTHER CONTRACTORS.................................................................. 20 ARTICLE 21 — ATTORNEY'S FEES.......................................................................... 20 ARTICLE22 — NOTICES............................................................................................. 21 ARTICLE 23 — ASSIGNMENTS.................................................................................. 21 ARTICLE 24 — GENERAL PROVISIONS.................................................................. 21 ARTICLE 25 — NON-DISCRIMINATION.................................................................. 22 ARTICLE26 — TAXES................................................................................................. 23 ARTICLE 27 — BOOKS AND RECORDS................................................................... 23 ARTICLE 28 — ENVIRONMENTAL PROTECTION ................................................. 24 SIGNATUREPAGE................................................................................................... 25 3 G:SDevelopmentiprojectslDFW._Legacy Projects`.Libcry Trails (Broakfieldy DEVELOPMENT Generic Improvements-Contrut REV 7.12.2018.doc TABLE OF CONTENTS, continued LIST OF EXHIBITS EXHIBIT A IMPROVEMENTS EXHIBIT B CONTRACT DOCUMENTS EXHIBIT C SPECIFICATIONS EXHIBIT D ESTIMATED QUANTITIES AND UNIT COSTS EXHIBIT E SUPPLEMENTARY CONDITIONS EXHIBIT F INVOICING INSTRUCTIONS EXHIBIT G SURVEY STAKING PROVIDED BY OWNER EXHIBIT H INSURANCE REQUIREMENTS EXHIBIT I GEOTECHNICAL REPORT 4 G:\Developmentlprcjects\DM Legacy ProjectslLiberty Trails (Hrookfield)\DEVELOPMENP Genetic Improvements -Contract REV 7. t2.2018.doc CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT, referred to as "Contract," dated as of the date on the Contract Signature Page by and between the "Owner" designated on the Contract Signature Page and the "Contractor" designated on the Contract Signature Page is entered into with reference to the following recitals: A. Owner holds title to the land shown in the "Contract Documents" (as that term is hereinafter defined). The land described is referred to as the "Premises". B. Owner desires to have improvements constructed on portions of the Premises. The Improvements consist of the improvements described on Exhibit A to this Contract. C. Owner desires to engage Contractor and Contractor desires to be engaged as an independent contractor to perform the Work hereinafter described. NOW, THEREFORE, in consideration of the mutual promises contained herein the parties hereto agree as follows: ARTICLE 1 —DEFINITIONS 1.1 Whenever used in this Contract the following terms shall have the meaning hereinafter set forth: 1.1.1 "Improvements" shall mean the improvements to be constructed by Contractor pursuant to this Contract as described in Exhibit A. 1.1.2 "Work" shall mean the labor, material, and service required by the Contractor to construct the Improvements. 1.1.3 "Contract Documents" shall mean and include the following documents to the extent that the documents have been prepared: {i) This Construction Contract; (ii) The Approved Project Drawings, Specifications, General Conditions and Special Conditions specifically referenced in this Construction Contract. (The Special Conditions, if any, are attached hereto as Exhibit E and incorporated herein by reference.) 5 G7.DevelopmentlprojectsDFVi%— .&gacy Projects%Liberty Trails (Brookfield)'%D€VELOPMENT Generic lmprovements-Contract REV 7. 122018.doc (iii) All addenda and modifications incorporated into or otherwise expressly made a part of any of the documents enumerated above before execution of this Contract; and (iv) Any modification, change order or written order for a change made or issued pursuant to the terms and conditions of this Contract. An enumeration of the Contract Documents appears in Exhibit B to this Contract. The Specifications are attached hereto as Exhibit C and incorporated herein by reference. 1.1.4 "Engineer" shall mean the Design Engineer of Record and his authorized representatives. 1.1.5 "Governing Public Authority" shall mean the governmental authority such as: District, Village, Town, City, County, State and/or Federal government having jurisdiction over the Project whether it being public or private to include any and all of the Project's parts thereof. - 1.1.6 "Subcontractor" shall mean any independent contractor having a direct contract with Contractor to furnish equipment, materials, or labor, labor and materials, or labor and equipment for the Improvements. 1.1.7 "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Contract shall be deemed properly delivered to Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instruction and approvals. Owner shall have the right to change the Construction Manager at any time. 1.1.8 "Progress Payment" shall mean any installation of the Contract Price payable to Contractor in the manner specified herein. 1.1.9 "Project Site" shall mean those portions of the Premises reasonably required for Contractor's use in constructing the Improvements. ARTICLE 2 — CONSTRUCTION 2.1 Contractor shall furnish and/or perform, or, subject to Owner's right to approve any subcontractor as hereinafter set forth, cause to be furnished and/or performed, all labor, materials and equipment, of every kind and description necessary to construct the Improvements in a first-class and good workmanlike manner in strict accordance with the requirements and provisions of the Contract Documents. 6 G:`Developmentlprojects,DFWt_Legacy ProjectsUberty Trails (Bmokfield)'IDI=VELOPMENT Generic Improvements -Contract REV 7.12.2018,doe 2.2 Contractor shall prepare and submit, after instructions from Owner to commence, an estimated progress schedule for constructing the Improvements to be approved by the Construction Manager and Owner. 2.3 Contractor agrees to cooperate with the Construction Manager, as Owner's agent. The Construction Manager is authorized to give instructions, on Owner's behalf, to facilitate the smooth flow of work. 2.4 All drawings, specifications, descriptions, plats, field notes, reports, designs, samples and other documents or materials compiled or furnished by Contractor in the course of or as a result of performing the Work shall be the property of Owner and may be used by Owner for any purpose whatsoever at Owner's sole risk and expense. ARTICLE 3 — CONTRACT PRICE AND PAYMENT 3.1 Unit Price. Owner shall pay Contractor for each item of the Work a unit price, as shown in Exhibit D, attached to this Contract. These unit prices shall be considered inclusive of all work. This work consists of delivery of the Contractual Improvements complete. 3.2 Progress Payments. Contractor may submit monthly progress billings for "Progress Payments" for one hundred percent (100%) of the value of the portion of the Work performed (excluding stored materials) during each monthly period, by following the format and procedure set forth in Exhibit F, Invoicing Instructions. Progress Billings shall be submitted to the Construction Manager by the 25th day of the month. Subject to the provisions of this Article, ten percent (10%) of all Progress Payments shall be retained by Owner until Contractor's scope of work has been completed and accepted by the Owner and the Governing Public Authority. Such statement shall be categorized according to the code and unit item listing set forth on Exhibit D attached to this Contract. Such statement shall show the retained percentage. Subject to the aforesaid, Progress Payments will be made within twenty (20) days following Owner's receipt of Contractor's statement. Progress Payments for Improvements shall not be construed as evidence of acceptance of any part of Contractor's work. Contractor agrees to furnish, if and when required by Owner, payroll affidavits, receipts, vouchers, releases or claims for labor and material by Contractor and/or by subcontractors or other persons performing work or furnishing materials to Contractor or any subcontractor, all in form of content of satisfactory to Owner. 3.3 Withholding of Payment. Owner may withhold from any Progress or other payment due Contractor under the terms of this Contract such amount as in the reasonable judgment of Owner shall be necessary to protect Owner from loss because of (i) defective work not remedied, (ii) lien claims filed, or evidence presented to Owner indicating a reasonable probability that such claims will be filed, by persons or entities who supplied labor, materials, or equipment used in the construction of the Improvements, (iii) failure of Contractor properly to pay subcontractors and persons supplying labor, materials, or equipment for use in the construction of the Improvements, (iv) damage caused by Contractor or its subcontractor, (v) reasonable evidence that the work cannot be G:\Developmmtlprojects\DFW\_Legacy Projects\Liberty Trails (Brookfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc completed for the unpaid balance due of the Contract Price, (vi) failure of Contractor to substantially comply with the material terms of this Contract. When the above causes have been removed, payment shall be made for the amount withheld because of them. 3.4 Final Payment. Final payment, constituting the entire unpaid balance of the Contract Price shall be made by Owner to Contractor when (i) the Contractor's Work has been fully performed and accepted by both the Governing Agency and Engineer; and (ii) Contractor has furnished to Owner a final affidavit, in the form attached hereto, that payrolls, bills for materials and equipment, payments due to subcontractors, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered, have been paid or otherwise satisfied. Contractor agrees to obtain lien waivers from all Subcontractors on the Project. ARTICLE 4 — CONTRACT DOCUMENTS 4.1 The Contract Documents are intended to complement each other and any items required by any one such document shall be deemed to be required by all such documents. Any word used in the Contract Documents, or any of them, which has a well-known technical or trade meaning shall be deemed to have been used in such document or documents in accordance with such meaning. In the event of any conflict between different provisions of the Contract Documents, Contractor shall advise Owner of such conflict and Owner shall direct Contractor how to proceed with regard to the matter about which there is such conflict. Contractor shall maintain one complete set of the Contract Documents at the job site which shall be available to the Construction Manager at all times and upon which the Contractor shall record all change and field adjustments. 4.2 Contractor understands and acknowledges that the detailed information contained in the Contract Documents is shown or stated therein with as much accuracy as could be obtained at the time such documents were prepared but that the exact accuracy of such detailed information is not guaranteed and the exact locations, measurements, and levels of the various items shown on the Contract Documents will be governed by the physical requirements of the Premises and the Improvements. 4.3 Contractor shall carefully examine all drawings and specifications for the Improvements before commencing the construction hereof and promptly notify Owner in writing of any observed discrepancies in such documents before commencing construction, but Contractor shall not be responsible for verifying the accuracy or completeness of such drawings and specifications prepared by Owner's engineers, architects or others. ARTICLE 5 — SURVEYS. STAKES AND PERMITS 5.1 Unless otherwise provided in the Contract Documents, Owner, at its own cost and expense, shall furnish all land surveys of the Premises required for the performance of this Contract, including surveys showing the general location of any easements or public utility lines on the Premises, Owner shall install points, bench marks, and stakes on the ground which are described in detail in Exhibit G, "Survey Staking Provided by Owner" 8 G:1Develepmmt%projectstDFW',_Legacy Projocts�.Uberty Trails (Brookfield)DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc and incorporated herein by reference. Contractor shall give Construction Manager at least twenty-four (24) hours prior notice of any such staking required by Contractor. 5.2 Contractor shall be responsible for all layouts not described in Exhibit G and shall protect and preserve the established reference points and shall make no changes of relocation or said points without the prior written approval of Owner. 5.3 Contractor shall be liable for the destruction or loss of any such bench marks, reference points, or stakes caused by the negligent or intentional act or omission of Contractor or Contractor's employees, agents or representatives. 5.4 Contractor shall secure all permits from governing public authority at his expense for the proper execution of the Work. Inspection fees, if any, shall be paid by the Owner. 5.5 Contractor shall not enter property adjacent to the Premises for any purpose without obtaining written permission to do so from the owner of such adjacent property, and shall provide written notice or evidence of same to Owner. Contractor shall be responsible for the preservation of all public property, wetlands, floodplains, trees, monuments, structures and improvements, along or adjacent to any street and/or right-of-way, from damages from Contractor's Work and shall use every precaution necessary to prevent damage of all monuments and property marks until an authorized agent of Owner has witnessed or otherwise referenced their location and shall not remove them until directed. Locations or utilities shown in the Contract Documents are general locations only and Contractor shall be responsible for determining the precise location of any and all utilities on the Premises prior to commencing the Work. Contractor shall also be responsible for calling for locations and locating existing utilities not documented or shown on plans. In the event Contractor shall disturb any landscaped or hardscaped areas while performing the Work, Contractor shall return those areas to their original condition prior to the Work being fully performed. Rectification of damage or destruction to the landscaping or hardscaped areas forming part of the adjacent properties shall be at Contractor's sole cost and expense. 5.6 Contractor shall at all times so conduct the Work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. Roads or streets shall not be closed to the public except with permission of the proper authorities. Fire hydrants and water valves on or adjacent to the Work shall be kept accessible to fire- fighting equipment at all times. Temporary provisions shall be made by Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. Contractor is to advise Owner should any roads, streets or other existing improvements require closure. 5.7 Contractor shall provide and maintain such sanitary accommodations for the use of its employees and those of its subcontractors as may be necessary to comply with the requirements and regulations of the local and state departments of health and Owner. 9 G:�.Developmenl',projects.DFW1_Legacy Projects�Liberty Trails (Brookfield)�DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc ARTICLE 6 — EXAMINATION OF JOB SITE 6.1 Contractor has by careful examination ascertained (i) the nature and location of the Improvements, (ii) the surface conformation of the ground on which the Improvements are to be constructed, (iii) the character, quality and quantity of the materials, equipment and facilities necessary to complete the Improvements, and (iv) the general and local observable conditions pertaining to the Improvements. Contractor enters this Contract solely because of the results of such examination and not because of any representations pertaining to the Improvements or the completion thereof made to Contractor by Owner or any agent of Owner and not contained in this Contract. Owner agrees that subsurface or other presently unknown conditions may be encountered during performance of the Work which may result in extension of time for completion and increase in compensation due Contractor. Contractor agrees to notify Owner promptly in writing upon encountering any such condition. Contractor will advise Owner in writing of the extent of the time delays and provide revised schedules of anticipated completion dates. ARTICLE 7 — TESTING, INSPECTIONS AND CORRECTION OF WORK 7.1 Should the Owner, the Contract Documents, or any law, ordinance, or governing public authority require that any portion of the Work be tested or inspected, Contractor shall give notice to Owner (or Governing Agency if the Governing Agency is the inspecting body) when such portion is ready for such testing, inspection, or approval, or, if the testing, inspection or approval is to be made or given by a person other than Owner, of the time, place, and date when such testing, inspection or approval is to be made or given. Should any portion of the Work be covered up before inspection has taken place, the Contractor, at Contractor's sole cost and expense, shall uncover such portion of the Work for inspection as required by Owner or Governing Public Authority. 7.2 Owner or Governing Public Authority may request reexamination of any portion of the Work and Contractor must uncover such Work. Should such portion of the Work be found on such reexamination not to conform to the Contract Documents, Contractor shall bear the full cost of uncovering and replacing such portion. Should such portion of the Work on such reexamination be found to conform to the Contract Documents, Owner shall pay all costs of uncovering and replacing such portion. 7.3 Contractor shall promptly correct any portion of the Work that has been damaged or not performed in accordance with this Contract. If Contractor fails to make such corrections or fails to carry out the Work in accordance with this Contract, then Owner may give Contractor written notice to do so; and if Contractor fails within a seven (7) day period after receipt of such written notice to commence and continue correction and performance with diligence and promptness, then Owner may, without prejudice to other remedies Owner may have, correct such deficiencies of perform such Work; in such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Contractor the cost of correcting such deficiencies or performing such Work. If payments then or thereafter due to Contractor are not sufficient to cover such amounts, 10 G:\Developmentlprajects0FWt_Legacy ProjactslLiberty Trails (Brookfield)1DEVELOPMENT Generic Improvements -Contract REV 7.12.2016.doc Contractor shall pay the difference to Owner. Contractor shall be required to pay such difference immediately upon written demand by Owner. ARTICLE 8 — CHANGES IN WORK 8.1 Without invalidating this Contract and without notice to any surety or sureties on any bond or bonds required by Contractor, Owner may order modifications in the Work or may order additional work not shown in the Contract Documents to be performed by Contractor and such modifications or additional work shall entitle Contractor to extra compensation. Such modifications or extra work shall be authorized by a written Change Order, signed by Owner, such written Change Order to be executed prior to such modifications or extra work being commenced. 8.2 If modifications in the Work or additional work not shown on the Contract Documents are authorized pursuant to Paragraph 8.1 above, such additional work or modification shall be performed by Contractor and the cost thereof added to the Contract Price and paid by Owner upon completion of such additional work or modification. ARTICLE 9 — TIME FOR COMPLETION: EXTENSIONS OF TIME 9.1 Owner shall give Contractor written notice to proceed and Contractor shall complete the work in the number of working days specified on the Exhibit D of the Contract. Contractor shall provide Owner a schedule prior to commencing work. Contractor shall commence work on the Improvements in accordance with schedule and shall, unless delayed by one of the causes stated in Paragraph 9.3, below, and documented as . mentioned in Paragraph 9.4 below, work diligently and substantially continuously until completion of the Improvements. 9.2 A working day is defined as a calendar day not including Saturdays, Sundays, or those legal non -days as specified in the list prepared by the Owner for contract purposes, in which weather or conditions not under the control of the Contractor shall permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. A principal unit of work shall be that unit which controls the completion time of the Contract. Nothing in this definition shall be construed as prohibiting the Contractor from working on Saturdays if he so desires and permission of the appropriate government agencies has been granted. If Saturday or Sunday work is permitted, working time shall be charged on the same basis as weekdays. Where the working time is expressed as calendar days or a specific date, the concept of working days shall no longer be relevant to the contract. 9.3 Substantial Completion date shall be defined in this contract and/or any of its accompanying exhibits as the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 11 Gr' Developmenilprojects�DFW\_Legacy Projecls\Liberly Trails (Brookfield)%DEVELOPMENT Generic Improvements -Contract REV 7.122018.doc 9.4 Either party, Contractor or Owner, may be excused for delays in the performance of this Contract caused by any intentional acts or gross neglect of the other, by any acts of any public enemy, by any acts of any governmental agency, by war or war defense conditions, by fires, by unusual delays in transportation, by labor disputes, or by any other cause resulting in delay of the Work which is beyond such party's reasonable control. Each party shall use due diligence to avoid any such delay or default and to resume performance under this Contract as promptly as possible after any such delay. 9.5 The completion date may only be changed for a delay of one of the causes mentioned in Paragraph 9.3. Any claim for an extension in the completion date by Contractor shall be based on written notice and supporting data delivered to Owner within thirty (30) days of the occurrence of the delaying event giving rise to the claim. Owner may allow Contractor an additional period of time to ascertain and collect more accurate data; however, all claims for adjustment of the Completion Date shall be determined by Owner. 9.5 The completion date will be extended in an amount equal to time lost due to delays beyond the control of Contractor, if a claim is made therefore and approved by Owner, as provided in Paragraph 9.4, which approval will not be unreasonably withheld or delayed. 9.6 Liquidated Damages for Failure to Complete on Time: The time of completion is the essence of this Contract. For each calendar day that any work shall remain uncompleted after the time specified in the Proposal and the Contract, or the increased time granted by the Owner, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special instructions, shall be deducted from the monies due the Contractor. Amount of Liquidated Damages ($) Amount of Contract ($) Less than 5,000.00 60.00 Per Day 5,000.00 to 14,999.99 80.00 Per Day 15,000.00 to 24,999.99 100.00 Per Day 25,000.00 to 49,999.99 120.00 Per Day 50,000.00 to 99,999.99 250.00 Per Day 100,000.00 to 249,999.99 500.00 Per Day 250,000.00 to 499,999.99 750.00 Per Day 500,000.00 to 999,999.99 1,000.00 Per Day More than 1,000,000.00 1,250.00 Per Day 12 G:Development',.projects�DFWI_Legacy ProjectslLibcrty Trails (Brookfield)1DEVELOPMENT Generic Improvements -Contract REV 7, 12.2618.doc The sum of money thus deducted for such delay, failure, or non -completion is not to be considered as a penalty, but shall be deemed, taken, and treated as reasonable liquidated damages, per calendar day that the Contractor shall be in default after the time stipulated on the Contract for completing the Work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amount of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing, then the Contractor or his surety shall pay any additional amounts due. ARTICLE 10 — USE OF LAND BY OWNER 10.1 During construction of Improvements, Owner shall have the right to use such portion(s) of the Premises as may from time to time be deemed safe for such use by the Construction Manager. The use by Owner of any such portion(s) of the Premises shall not (1) constitute an acceptance by Owner of any Improvements which may have been constructed on such portion of the Premises by Contractor, (ii) affect in any way the dates and times when payments become due to Contractor from Owner under this Contract, or (iii) prejudice Owner's rights under this Contract. The Improvements shall be deemed completed only when all Work under this Contract has been fully performed and a notice of completion of the Improvements has been duly accepted in writing by Owner and Governing Public Authority which acceptance will not be unreasonably withheld or delayed. ARTICLE 11 — TRAFFIC CONTROL AND CLEAN UP 11.1 Whenever the performance of the Work under this Contract creates a condition which could be hazardous to the public, Contractor shall take all necessary precautions and provide adequate means to protect those who must pass through, over or adjacent to the Work. Contractor will notice Owner in writing of such risk. 11.2 During the performance of this Contract, Contractor shall keep all property adjacent to the Premises free of all accumulated rubbish and waste materials caused by Contractor's operations in performing this Contract. On completion of the Improvements, Contractor promptly shall remove all such rubbish and waste materials, structures and all equipment used by it in performing this Contract from the Premises and adjacent property. If the Contractor fails to maintain and clean the Premises, the Owner may use the procedure provided in Paragraph 7.3 and the cost shall be charged against the Contractor. ARTICLE 12 — SUBCONTRACTORS 12.1 Before subcontracting any portion of the Work, Contractor shall deliver to Owner a written list of the names of all persons and entities intended to be employed by Contractor as Subcontractors to work on Improvements. 13 G:'�Developmen1iprojmtslDFW1_Legacy Projects�Liberty Trails (Brookfield)1DEVELOPMENT Generic lmprovements Ccntract REV 7, 12.261&doc 12.2 Should Owner have any objections to the employment of any person or entity named on the list of Subcontractors delivered to Owner pursuant to the foregoing Paragraph, Owner shall serve written notice of such objection on Contractor within five (5) business days after the delivery of such list and Contractor shall substitute another person or entity acceptable to Owner in place of the person or entity to whom such objection was made. 12.3 Contractor shall not employ any person or entity as a Subcontractor on the Improvements that has been objected to by Owner. Failure of Owner to serve written notice on Contractor pursuant to Paragraph 12.2 of any objections it may have to any person or entity named on the list of Subcontractors within five (5) business days after the delivery of such list to Owner shall constitute approval by Owner of the employment of such person or entity as a Subcontractor on the Improvements. 12.4 Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by such Subcontractors as Contractor is for the acts and omissions of persons directly employed by Contractor. 12.5 Nothing contained in this Article or in any of the Contract Documents shall create a contractual relationship of any kind between any Subcontractor and Owner. ARTICLE 13 — PROTECTION AND CHARACTER OF WORKMEN 13.1 Contractor shall take all necessary precautions for the safety of persons employed to work on the Improvements and shall without limiting the generality of the foregoing (i) comply with all applicable provisions of any federal, state, county or municipal safety laws, ordinances, regulations, or building codes, to prevent injury to such persons while on, about, or adjacent to the Premises, (ii) properly erect and maintain at all times such safeguards for the protection of persons employed to work on the Improvements as the conditions and progress of the Work may require and (iii) conspicuously post such signs as may be necessary to warn persons employed to work on the Improvements of all latent hazards known to and created by Contractor existing on the Premises. 13.2 Contractor shall at all times be responsible for the conduct and discipline of Contractor's employees and/or any Subcontractor or persons employed by Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any supervisor, foreman or workmen employed by Contractor or any Subcontractor who does not perform his work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of Owner, be discharged immediately and shall not be employed again in any portion of the Work without the approval of Owner. ARTICLE 14 — PROTECTION OF PROJECT 14 G:1Developmentlprojects\DFW1_Legacy ProjectsUberty Trails (Brook6eld)1DEVELOPMENT Generic improvements -Contract REV 7.12.2M.doc 14.1 Contractor shall furnish and install at its own cost and expense such material and devices as are customarily furnished by similar contractors in the industry to protect the Improvements or any part thereof from damage or destruction by rain, wind, or the elements prior to full and final completion of the Improvements. Contractor shall be responsible for such protection of the Improvements until acceptance by Owner. 14.2 In the event of an emergency endangering life or property, Contractor shall perform any work and shall furnish and install any materials and equipment necessary or prudent during the emergency. In all cases Contractor shall notify Owner of the emergency as soon as practicable, but it shall not wait for instructions before proceeding to properly protect both life and property. Unless caused by Contractor, its employees, agents or Subcontractors, Contractor shall be entitled to reasonable compensation from Owner for such materials or equipment furnished during any such emergency. ARTICLE 15 — INDEMNITY AGREEMENT 15.1 Contractor shall indemnify and hold harmless Owner and Construction Manager, their agents, successors and assigns ("indemnitees") from and against any and all claims, and liabilities, of any nature, kind or description, including, without limitation, court costs, attorneys' fees, costs of investigation, directly or indirectly arising out of, caused by, or resulting from (in whole or in part) the performance of Contractor's work or the acts or omissions of Contractor's employees, agents, subcontractors or representatives. THIS INDEMNITY OBLIGATION SHALL INCLUDE SUCH CLAIMS, DAMAGES OR CAUSES OF ACTION, THAT MAY BE CAUSED OR ALLEGED TO BE CAUSED IN PART BY THE NEGLIGENCE OR OTHER ACT OR OMISSION OF OWNER, CONSTRUCTION MANAGER, OR ANY OTHER INDEMNITEE. WHERE SUCH CLAIMS, DAMAGES, LOSSES AND EXPENSES ARE BROUGHT BY AN EMPLOYEE OR BORROWED SERVANT OF CONTRACTOR, AND SUCH CLAIMS ARE BARRED FROM BEING BROUGHT AGAINST CONTRACTOR UNDER APPLICABLE WORKERS COMPENSATION LAWS OR PROPORTIONAL RESPONSIBILITY LAWS OR A JURY ISSUE IS REQUESTED BUT NOT GRANTED ON THE ISSUE OF CONTRACTOR'S CONTRIBUTORY NEGLIGENCE, SUCH CLAIMS SHALL BE DEEMED TO ARISE ONLY IN PART FROM THE NEGLIGENCE OF INDEMNITEES AND SUBCONTRACTOR AGREES TO INDEMNIFY THE CONTRACTOR, THE OWNER AND ALL 1NDEMNITEES FROM THE CONSEQUENCE OF THEIR OWN CONTRIBUTORY NEGLIGENCE. This indemnification shall not be subject to limitation by any policy of workers compensation or other insurance or damages payable or paid under any policy of insurance carried by contractor. The indemnity set forth above includes any claims, liabilities, fines, and/or remedial action required, including attorney's fees, including strict liability arising out of any actual or alleged injury to persons or property or contamination of the environment, whether from pollution, or otherwise and whether or not prosecuted by a governmental entity. Such indemnity includes any representation or action required in connection with any administrative proceedings arising out of actual or alleged damage to the environment, including, but not limited to, notification that any 15 GADevc1opment\projectslDFVA Legacy Projects\Liberty Trads (Brookfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc indemnitee may be a potentially responsible party for any actual or alleged damage to the environment. The obligation for indemnity shall survive termination of this Contract. THE INDEMNITY SET FORTH ABOVE SHALL INCLUDE, WITHOUT LIMITATION, ANY AND ALL PENALTIES IMPOSED ON ACCOUNT OF THE VIOLATION OF ANY LAW OR REGULATION, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY CONTRACTOR'S WORK. CONTRACTOR SHALL (1) AT ITS OWN COST AND EXPENSE AND RISK, DEFEND ALL SUITS, ACTIONS OR OTHER LEGAL PROCEEDINGS THAT MAY BE BROUGHT OR INSTITUTED BY A THIRD PERSON AGAINST OWNER, CONSTRUCTION MANAGER, THEIR AGENTS OR SERVANTS ON ANY SUCH CLAIM, DEMAND, OR CAUSE OF ACTION OR SUCH THIRD PERSON OR TO ENFORCE ANY SUCH PENALTY, (II) PAY AND SATISFY ANY JUDGMENT OR DECREE THAT MAY BE RENDERED AGAINST OWNER OR CONSTRUCTION MANAGER, THEIR AGENTS OR SERVANTS IN ANY SUCH SUIT, ACTION OR OTHER LEGAL PROCEEDINGS AND (III) REIMBURSE OWNER OR CONSTRUCTION MANAGER, THEIR AGENTS AND SERVANTS FOR ANY AND ALL REASONABLE LEGAL EXPENSES INCURRED BY ANY OF THEM IN CONNECTION THEREWITH. ARTICLE 16 — INSURANCE TO BE MAINTAINED BY CONTRACTOR 16.1 Contractor, at its own expense, shall procure and maintain in full force and effect during the performance of this Agreement and for one year thereafter, except as noted below, the following policies of insurance: 16.1.1 Statutory Workers Compensation Insurance and Employer's Liability Insurance with a minimum of $100,000 per occurrence. (See Exhibit H) 16.1.2 Broad Form Comprehensive General Liability including Completed Operations, Products Liability Premises and Operations, Contractual Liability, Personal Injury XCU, Broad Form Property Damage, Contractors' Protective, with a combined single limit of not less than $1,000,000 for each occurrence. (See Exhibit H) 16.1.3 Comprehensive Automobile Liability Insurance for all motor vehicles operated by or for Contractor, owned and non -owned, with a combined single limit of not less than $1,000,000. (See Exhibit H) 16.2 During the express warranty period referred to in this Contract, Contractor agrees to maintain said Comprehensive General Liability Insurance, including Completed Operations and Products Liability coverage. 16.3 Prior to commencement of the Work described in this Contract, Contractor agrees to deliver to Owner and to Construction Manager, without expense to Owner or Construction Manager, a Certificate (on an Acord form confirming coverage) from Contractor's insurance companies which shall certify, when applicable, the following: 16 WDevelopmm0prcjects\DF'W5_Legacy Projects\Liberty Trails (Erookfieid)\DEVELOPMENT Generic Improvements -Contract PEV 7.12.20 1 8.doc 16.3.1 That each said policy is then in full force and effect and the expiration date and limits thereof 16.3.2 That each said policy shall not be canceled or materially changed without ten (10) days prior written notice to Owner or Construction Manager. 16.3.3 That each of the Owner and the Construction Manager is named as additional insured under each policy. 16.3.4 That such insurance shall expressly provide that "It is understood and agreed that the Owner and the Construction Manager may have or may procure for its own account non-contributing insurance without notice to this insurance company and without prejudice to this insurance. Any such insurance procured by the Owner shall not be called upon for contribution with the insurance afforded by this policy. This policy shall be considered primary insurance as to Owner and to the Construction Manager in connection with the Work of the insured arising out of or in connection with its Contract with Owner." 16.3.5 That the parties to the described policies of insurance hereby agree to irrevocably waive subrogation, claim or recovery against the Owner and the Construction Manager in connection with the work certified. 16.4 All of the insurance required to be procured and maintained by Contractor pursuant to Paragraph 16.1 shall be issued by insurance companies acceptable to Owner. When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply both the Owner and the Construction Manager with Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Owner and the Construction Manager with a certified copy of the renewal or replacement policy unless the Owner provides the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Owner and the Construction Manager and written by carriers acceptable to the Owner. Certificates of insurance required herein shall provide a statement confirming coverage of the Owner and of the Construction Manager as an additional insured. Certificates issued "for informational purposes only" and "which confer no rights on the certificate holder", such as Acord 24, will not be accepted. 17 G:1Developaentlprojects�DFW%_Legacy Prcjects,.Liberty Trails (Brookfield)1DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc If the Contractor fails to purchase and maintain, or require to be purchased and maintained, any insurance required herein, the Owner may, but shall not be obligated to, upon five (5) days written notice to the Contractor, purchase such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the Contractor upon demand. ARTICLE 17 — NO WAIVER 17.1 Neither (i) payment to Contractor by Owner of the full Contract Price for any portion of the Work, nor (ii) acceptance of the Improvements by Owner or any governmental agency having appropriate jurisdiction shall relieve Contractor of liability for defective materials or workmanship used in the construction of the Improvements or failure to construct the Improvements according to the requirements of the Contract Documents or Change Orders. Acceptance by Contractor of any payment provided for in the Contract Documents shall be a representation by Contractor to Owner that the portion of the Work required by the Contract Documents to be performed before such payment became due, has been completed by Contractor in accordance with the Contract Documents or Change Orders. ARTICLE 18 — WARRANTY 18.1 Except as provided in any special guarantees contained in the Contract Documents or any guarantees by the manufacturers of any materials used in the construction of the Improvements, Contractor shall remedy any defects due to faulty materials or workmanship and shall pay for any damage to other work resulting therefrom which shall appear within the longer of (i) one (1) year after the date of completion of the particular Phase of Work, or (ii) the maintenance period required by the appropriate Governing Public Authority if the Improvements are to be dedicated to public use. ARTICLE 19 — TERMINATION OF CONTRACT BY OWNER 19.1 Should Contractor commit any of the acts of default described in Paragraph 19.2 and should such act remain uncured for a period of ten (10) days after Owner gives written notice thereof to Contractor and Contractor has failed to take substantial actions during such ten (10) day period to cure such act of default, Owner may, without prejudice to any other rights or remedies given Owner by law, equity or the Contract Documents (i) terminate the services of Contractor under this Contract, (ii) take possession of the Improvements and all materials located on the Premises for which Owner has made payable to the Contractor, (iii) complete the Improvements by whatever method Owner may deem expedient. 18 G.',.Development',projmtsiDFW Legacy Projects%Liberty Trails (Brook6e1d)1DEVEL0PMENT Generic Improvements -Contract REV 7.12,201 S.doc 19.2 It shall be deemed to be and constitute an act of default by Contractor if Contractor should: 19.2.1 File a petition in bankruptcy, or if a petition is filed against Contractor and such petition is not dismissed within 60 days of its filing. 19.2.2 Make a general assignment for the benefit of Contractor's creditors. 19.2.3 Allow a receiver of Contractor's assets to be appointed because of Contractor's insolvency. 19.2.4 Refuse or fail, except as provided in Article 9 hereof entitled "TIME FOR COMPLETION; EXTENSION OF TIME," to supply enough properly skilled workmen or proper materials to complete the Improvements in the time specified in this Contract. 19.2.5 Fail to make prompt payments to Subcontractors, laborers, or materialmen for labor performed on, or materials or equipment used in, construction of the Improvements. 19.2.6 Disregard any law or ordinance relating to the Improvements or the completion thereof, or 19.2.7 Otherwise commit a substantial violation of any material provision of the Contract Documents. 19.3 If, on completion of the Improvements by Owner the expenses incurred by Owner in completing the Improvements, including any compensation paid by Owner for supervisorial services in completing the Improvements, exceed the unpaid balance of the Contract Price, such excess shall promptly be paid by Contractor to Owner, and if there is any excess of the unpaid balance of the Contract Price above such expenses in completing the Improvements, such excess shall promptly be paid by Owner to Contractor. 19.4 Should services of Contractor under this contract be terminated by Owner pursuant to Paragraph 19.1 before completion of the Improvements, Contractor shall promptly, within ten (10) days after service of written notice on Contractor to do so, remove all its equipment and supplies from any property owned or controlled by Owner. Should Contractor fail to so remove its equipment and supplies, Owner may remove the same and store them at the cost and expense of Contractor. 19.5 In addition to Owner's other rights and remedies under this Contract or available to Owner at law or in equity, Owner may elect to terminate this Contract for any or no reason as follows: 19 G.. DevelopmemP.projects%DFW.._Legacy ProjectslLiberty Trails (Brookfield)1DEVELOPMENT Generic Improvements -Contract REV 7.12.2016.doc 19.5.1 This Contract may be canceled and terminated at the option of Owner at any time during the term of the Contract upon thirty (30) days written notice to the Contractor ("Notice of Cancellation"). In the event of such cancellation, the Contractor shall present to the Construction Manager within ten (10) days after Notice of Cancellation, a claim for final payment consisting of the actual amount due based upon the unit prices for Work set forth on Exhibit D completed through the thirty (30) day cancellation period. 19.5.2 Payment of such amount plus all retainage shall be made to Contractor within twenty (20) days after the claim for payment is sent to the Construction Manager and the Contractor shall have no other claim against the Owner for such amount and agrees to execute a final lien release. ARTICLE 20 — OTHER CONTRACTORS 20.1 Owner reserves the right to enter into other contracts with other contractor(s) to perform other types of work on the Premises. Contractor shall allow Owner, and any such other contractor(s), reasonable opportunity to store equipment and materials of Owner and such other contractor(s) on the Premises, and to execute and perform such contracts, and Contractor shall properly connect and coordinate the Work with that of Owner and other such contractor(s). 20.2 Where the successful performance of the Contractor's Work is dependent on the proper performance of work under another contract let by Owner in connection with the Improvements, Contractor shall observe the completed work performed under such other contract and promptly serve written notice on Owner of any observed defects therein which will interfere with the successful performance of the Contractor's Work. 20.3 Owner and other contractors shall each be responsible for any costs of repairing any damages each has caused to the Improvements. ARTICLE 21—ATTORNEY'S PEES 21.1 Should any litigation be commenced between the parties hereto concerning the Improvements, any provision of the Contract Documents, or the rights and obligations of either in relation thereto, the prevailing party in such litigation proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation proceeding. 20 G:\DevelopmentlprojectslDPM_Legacy Projects\Liberty Trails (Brookfield)DEVELOPMENT Generic Improvements -Contract REV 7, 12.2018.doc ARTICLE 22 — NOTICES 22.1 Unless otherwise specifically provided herein, all notices, demands or other communication given hereunder shall be in writing and shall be deemed to have been duly given as of personal delivery, or if mailed, as of the second business day after mailing by United Sates registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Owner, to: Owner's Legal Name DR Horton Inc. Ft Worth, Texas 76131 Tel: 817.230.0800 If to Contractor, to: Independent Utility Construction Inc. 5109 Sun Valley Drive Ft Worth Tx 76119 Tel: 817.478.4444 Attention: Richard Wolfe or to such other address or to such other person as any party shall designate to the others for such purpose in the manner hereinabove set forth. Delivery to Construction Manager shall be deemed delivery to Owner. ARTICLE 23 — ASSIGNMENTS 23.1 This Contract is for the personal services of Contractor and Contractor shall not assign this Contract, without the prior written consent of Owner, which consent shall be in Owner's sole discretion and may be unreasonably or arbitrarily withheld. Any such assignment without Owner's prior written consent shall be null and void and deemed to be an act of default hereunder. ARTICLE 24 — GENERAL PROVISIONS 24.1 The Contract Documents contain the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. 24.2 No modification, waiver, amendment, discharge or change of this Contract shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 24.3 Time is of the essence of each obligation of each party hereto. 21 G,' Developmeni`,projeas:DFW'._Legacy Projects5Liberly Trails (Br0ckfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc 24.4 The use herein of (i) the neuter gender includes the masculine and the feminine and (ii) the singular number indicates the plural, whenever the context so requires. 24.5 Captions in this Contract are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Contract or any of the terms hereof. 24.6 All exhibits referred to herein and attached hereto are a part hereof. 24.7 All terms of this Contract shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, successors and assigns; nothing in the foregoing provision shall be construed to alter the Article entitled "Assignments." 24.8 This Contract shall be construed and enforced in accordance with the laws of the State of Texas. 24.9 This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. ARTICLE 25 — NON-DISCRIMINATION 25.1 Contractor hereby certifies that the Work performed, produced, and/or furnished under this Contract has been or will be performed, produced, and/or furnished in full and complete compliance with all applicable federal and state laws and regulations and amendments thereto, insofar as they relate to non-discrimination in employment including, among others, the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); the Equal Pay Act (29 U. S.C. Section 206, et seq.); Executive Order No. 11246 (Equal Employment Opportunity) effective October 24, 1965, and all regulations of the Secretary of Labor promulgated thereunder; Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 793) and 41 C.F.R. section 60-741.4 and Executive Order 117589; the Vietnam Era Veterans Readjustment Assistance Act of 1984 (38 U.S.C. Section 2021, et seq.) and 41 C.F.R. Section 60-250.4 and Executive Order 11701; Executive Order 11625 regarding utilization of minority business enterprises; Section 7 of the Defense Acquisition Regulation and Parts 1-7 of the Federal Procurement Regulations; Section 7-104.36(b) of the Armed Services Procurement Regulations (ASPR) setting forth the minority business enterprises subcontractor program clause; Section 7-104.14(a) of the ASPR regarding utilization of small business concerns; Section 1.805 of the ASPR regarding labor surplus area concerns; Section 7.104.14(b) and 7-104.20(b) of the ASPR regarding small business and labor surplus subcontractors; Executive Order 1213 8 regarding utilization of female -owned business enterprises. Contractor certifies that it does not and will not maintain any facilities it provides for its employees in the segregated manner, or permit the employees to perform their services at any location under its control where segregated facilities are maintained. Contractor agrees to execute, upon Owner's request, Owner's standard form of Certificate of Compliance with the United States Government's laws and regulations governing equal 22 G:\Development\projects'.DFW\_Legacy ProjectslLiberty Trailg (Brookfield)�.DEVELOPMENT Generic lmprovementsCcntract REV 7, 12.20 i8.doc employment opportunity, the employment of the handicapped, and the employment of veterans of the Vietnam era, which Certificate of Compliance, as it may be reasonably revised, upon execution by Contractor shall become a part hereof without further reference thereto. Contractor further agrees that, upon Owner's request, Contractor will obtain identical certificates from proposed Subcontractors prior to the award of subcontracts if such subcontracts are not exempt from the provisions of the aforesaid laws and regulations and that Contractor will retain certifications in its files. Contractor recognizes its responsibilities under the Immigration and Naturalization Act as recently amended and agrees to comply in all respects with the requirements of the Act as amended in so far as Contractor's employees are concerned. ARTICLE 26 — TAXES 26.1 Contractor shall pay all federal, state, and local taxes including, but not limited to, sales, privilege, use, contracting, and excise taxes owing by Contractor in connection with payments made to Contractor for Contractor's performance under this Contract. 26.2 If Owner subsequently pays any sales, privilege, use, contracting, or excise taxes as an Owner -Builder or Prime Contractor because of the sale or off -site improvements performed or because the property benefitted by such off -site improvements, Contractor will request refunds from the taxing authority of any taxes which it paid and for which Contractor would not have been liable if Owner had been Owner -Builder or Prime Contractor. Contractor shall also, provided Owner paid such tax amounts previously to Contractor, at Owner's election, pay such refunds to Owner, credit refunds to Owner's account or execute a waiver of the right to a refund. ARTICLE 27 — BOOKS AND RECORDS 27.1 Contractor agrees to make, keep and maintain, in accordance with generally accepted accounting principles and practices consistently applied from year to year, complete books, records, invoices and records of payments relating to the Work while it is being performed. 27.2 For the purposes of audit Owner shall have the right to examine either directly or through its authorized representatives or agents, after at least three (3) days prior notice, during business hours and for a reasonable length of time, the books, records, and accounts of Contractor insofar as they are pertinent to this Contract. Owner's right to inspection shall not apply to the Contractor's trade secrets or other proprietary information designated and/or asserted as such. ARTICLE 28 — ENVIRONMENTAL PROTECTION 28.1 Environmental Compliance: Contractor shall comply with applicable laws, regulations, orders and guidance administered by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality (TCEQ) and any local agency(s) with jurisdiction. The matters covered by this paragraph include, without limitation, 23 G:'\DevelopmentPprcjccls%DFWt_Legacy ProjeclstLiberly Trails (Brockfield)1DEVE€.OPM€NT Generic Improvements -Contract REV 7.12.2016.doc discharges of waste to air, water or land, solid waste disposal and management of "hazardous substances". 28.2 Compliance with TPDES: All work shall be performed in accordance with the terms and conditions of the general Texas Pollutant Discharge Elimination System (TPDES) permit and the Storm Water Pollution Prevention Plan specific to this project. The Owner will be considered the Operator for the project. By signature of this Contract, the Contractor certifies: The Contractor shall be required to maintain all erosion control devices during the Work. The Contractor shall also immediately repair any erosion control devices damaged in the course of the Work. The Contractor shall adhere to all EPA, TCEQ and MS4 regulations and requirements pertaining to his activities during the term of this contract. 28.3 Jurisdictional Waters of the U.S.: Contractor shall respect all designated "Waters of the U.S." or "Wetlands" at or near the project during his course of construction. No vehicles, machinery, materials storage, fill, or excavation shall occur in these areas unless specified on the plans. if Contractor is unsure of "Jurisdictional Area", he shall notify the Owner's representative for clarification. 24 GA)1eve1opramtlprojec1slDF4V1_Legacy Projects\Liberty Trails (Brookfield)1DEVELOPMENT Generic lmprave mts-Contract REV 7.12.2016.d0c The Parties hereto have caused this Contract to be executed as of the date set forth below. OWNER: Date: Name: Title: Witness or Attest: CONTRACTOR: Date: 01 /03/2020 By: Name: Richard Wolfe Title: President Witness or Attest: 25 Cr: Deeelopment projects DFWLegacy Projec:ts�Libtr.-Traiis (Brookfield) DEVELOPN ENT Generic lmpmxernents-Contract REV 7,12.2018.doc EXHIBIT A IMPROVEMENTS Streetlight Improvements for Liberty Trails Phase 1, as shown on the City of Ft Worth stamped approved plans prepared by Pape Dawson, and all issued revisions thereafter. EXHIBIT B CONTRACT DOCUMENTS The Contract documents consist of the following: 1. This contract and all exhibits. 2. Construction plans for Liberty Trails, stamped "Approved" by the City of Ft. Worth, Texas. 3. City of Ft Worth and/or North Central Texas Council of Governments (NCTCOG) Specifications and Standard Details, which are published by the City of Ft worth and NCTCOG. EXHIBIT C SPECIFICATIONS All Streetlight improvements shall be performed in accordance with the City of Ft Worth and Owner's Geotechnicai Engineer's recommendations and specifications. 2. All work dedicated to the City of Ft Worth shall be performed in accordance with City of Ft Worth Standard Construction Details and Specifications or to North Central Texas Council of Governments (NCTCOG) Specifications and Standard Details as dictated by City . Questions regarding City standards and specifications or North Central Texas Council of Governments Specifications and Standard Details should be referred to the City of Ft Worth. 3. If a specification or detail is not provided for any portion of the Contractor's Work, the Contractor shall notify the Construction Manager/Owner's Representative immediately before commencing said Work. EXHIBIT D ESTIMATED QUANTITIES AND UNIT COSTS 29 G:\Developmentlproj"\DFWV _Legacy ProjectsTiberty Trails (Brockfield)1DEVEiAPMENT Generic Improvements -Contract REV 7.12.201 B.doc Proposal for Street Lights PROJECT Liberty trails Phase 1A BID DATE 12/19/19 3:OOPM (Thursday) OWNER City of Fort Worth PROJECT# 101805 [INDEPENDENT Independent Utility Construction, Inc. 5109 Sun Valley Drive, Fort Worth TX 76119 817-478-4444 / estimating@iuctx.com CoFW Pre -Qualification Expires: 04/03/2021 PP&M bonding included. Our work will take 30 working days. Item V-01 iBidList 2605.2101 I Item Description Conduit Box 20 EA 1.00 20.00 V-02 26305.3015 2" CONDT PVC SCH 80 T) 2,180 LF 8.58 18,704.40 V-03 3441.1410 NO 10 Insulated Elec Condr 6,539 LF 0.76 4,969.64 V-04 3441.1501 Ground Box Type B 20 EA 393.00 7,860.00 V-05 3441.1638 Install Type 33 B Arm 201 EA 153.00 3,060.00 V-06 3441.3201 LED Lighting Fixture (R2 Optic) 18 EA 263.00 4,734.00 V-07 3441.3201 LED Lighting Fixture (R4 Optic) 2 EA 318.00 636.00 V-08 3441.3301 Rdwy lllum Foundation TY 1 20 EA 1,064.00 21,280.00 V-09 3441.3341 Rdwy Illum TY 11 Pole 20 EA 1,691.00 33,820.00 V-10 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. (Stop Sign) 4 EA 478.00 1,912.00 V-11 3441.4006 Install Alum Sign Ground Mount 10 EA 635.00 6,350.00 GRAND TOTAL: $103,346.04 EXHIBIT E SPECIAL CONDITIONS (THIS DOCUMENT IS SITE SPECIFICAND MAYBE MODIFIED) I . EXCAVATION/COMPACTION SPECIFICATION: All earthwork shall be performed in accordance with the City of Ft Worth and Owner's Geotechnical Engineer's recommendations and specifications for this project. All excavation quantities shall be defined as in place material (bank yards not truck yards). 2. GOVERNING PUBLIC AUTHORITY SPECIFICATION: All work dedicated to the Governing Public Authority shall be performed in accordance with their Standard Construction Details and Specifications. Questions regarding Governing Public Authority standards and specifications should be referred to the City. If a specification is not provided for any portion of the Contractor's work, the Contractor shall notify the Engineer immediately before commencing said work. 3. OBSTRUCTIONS: Relocation of franchise poles and underground franchise utilities, and similar items will be performed by Owner, except where otherwise indicated. The Contractor shall coordinate and plan his work around such relocation or removal. 4. WATER FOR CONSTRUCTION: All water required shall be furnished by the Contractor at his expense. Water shall be clean and potable. EXCAVATION/BALANCE: The Earthwork Contractor shall keep the Engineer informed of the work in progress during the excavation phase of construction so Engineer can make grading adjustments, if necessary. The intent is to complete the site in a balanced cut/fill condition, unless haul on or haul off has been previously approved or anticipated. Earthwork Contractor shall not leave the site until his work has been field surveyed for verification. It is the Contractor's responsibility to contact the Engineer for field verification. 6. WET UTILITY EXCAVATION/TRENCH SPOILS: The Wet Utility Contractor shall haul excess utility spoils to an area onsite or an adjacent site as determined by the Construction Manager and/or Owner's Representative. All spoil material shall be defined as in place spoils (bank yards not truck yards). Spoil relocation shall be incidental to utility construction. 7. EXCAVATION/TRENCH SPOILS (OTHER THEN WET UTILITY SPOILS): Excess spoil material from all construction, including but not limited to franchise utilities and retaining walls, shall be wasted on site or on adjacent site in areas determined by the Construction Manager and/or Owner's Representative. Contractors will not disburse any spoils until Construction Manager and/or Owner's Representative issues written instructions as to where spoils shall be placed. Spoils shall contain no rocks larger than 4" in diameter. Contractors are responsible for their spoils. All spoil distribution will be considered incidental to construction. All spoils material shall be defined as in place spoils (bank yards not truck yards). 8. GRADING TOLERANCES: The Earthwork Contractor shall grade the streets and alleys to within 0.10 feet of the plan grades prior to utility construction. The Utility Contractor shall return all street and alley grades within 0.10 feet of the Earthwork Contractor's grades at the completion of his work. The Owner's Surveyor shall provide verification of street subgrades after each Contractor's work. All lot pads shall be graded to within 0.3 feet of plan grades. 9. DEWATERING: Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make determination of extent of dewatering necessary to complete the project in accordance with the plans and specifications. 10. INLETS: The Utility Contractor shall pour storm sewer inlets in two stages. The first stage shall be poured prior to paving and shall not extend above pavement subgrade. Paving Contractor shall block out for inlets when placing concrete pavement. Utility Contractor shall pour inlet tops (second stage) and blockouts after concrete pavement has been placed. Utility Contractor shall be responsible for providing inlet protection against damage during paving operations. 11. ADJUSTMENT OF UTILITIES: It shall be the responsibility of the Utility Contractor to perform any necessary final grade adjustments to all appurtenances (valve stacks, manhole rims, fire hydrants, etc.) and for pouring any blockouts required by the governing public authority. The Utility Contractor shall be responsible for providing false manhole bottoms, if required, and inlet protection during paving operations. The cost to perform this work shall be incidental to the bid items. 12. INSPECTION FEES: The Owner shall be responsible for paying all inspection fees required by the governing public authority. Contractor shall be responsible for any fees related to inspector overtime and re -inspections. 13. PERMIT FEES: Contractor shall be responsible for all permit fees, which may include, but not limited to, batch plant permits, grading permits; water meters for construction, driveway permits, wall permits, fence permits, and other similar construction permits. 14. TESTING: The Utility and Paving Contractor shall pay and be responsible for coordinating all testing required to complete his work and acceptance by the governing public authority and the specifications. All independent laboratories must be approved by the Owner and the governing public authority. One set of reports shall be sent to the engineer. 15. DENSITY TESTING DURING EARTHWORK PHASE: The Owner (or Contractor) shall pay for all testing during the earthwork phase of the project, to include providing 79G letter. The Earthwork Contractor shall work with the testing laboratory in scheduling the tests at the proper times as recommended by the Owner's Geotechnical Engineer or City Representative. One set of the report shall be sent to the engineer. 31 G:1Developmeot\projectslDFWS_Legacy Projects\Liberty Trails (Brcokfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doe 16. CLEANUP: Each Contractor shall be responsible for making a final cleanup of his work before final acceptance by the Owner. This cleanup shall include removal of all objectionable rocks, debris, concrete, asphalt, or other construction materials; and in general, preparing the premises in an orderly manner and appearance. 17. CONCRETE BATCH PLANT: The Paving Contractor shall be responsible for securing all local, state, and federal permits required for assembly and operation of a concrete batch plant. This includes, but is not limited to TNRCC air permit, EPAITCEQIMS4 Storm Water Pollution Prevention Plan permit. The Paving Contractor shall pay all fees associated with the permitting and operation of the batch plant. The Paving Contractor shall furnish copies of all permits to the Owner. 18. STORM WATER POLLUTION PREVENTION: The Owner shall prepare a Storm Water Pollution Prevention Plan for the project and install or have installed as per contract, erosion control devices as necessary to comply with the plan and EPAITCEQIMS4 guidelines. The Owner shall provide inspections as required by the plan and EPA/TCEQ/MS4. It shall be the responsibility of each contractor to protect all erosion control devices. Any erosion control damaged shall be immediately repaired at the Contractor's expense. Contractors shall be responsible for protection of their fuel and other hazardous substances at the site. It is the Contractors obligation to secure any and all additional required permits and adhere to all requirements as set forth by, but not limited to, the EPA, TCEQ, and MS4 agencies. The Contractor shall clean streets of all materials upon demand of SWPPP Inspector or Owner's Representative to maintain the project in good standing with EPAITCEQIMS4. 19. TREES: Contractor shall protect all trees unless authorized for removal by Owner. Owner shall back charge any tree damaged by the Contractor at a rate of $150 per caliper inch. The Contractor shall not store equipment, vehicles, or materials beneath any tree on the premises. 20. TREE DISPOSAL: Each Contractor is responsible for the disposal of all trees removed by their work. Tree disposal shall be included in all bid items, unless specified in the bid proposal. Trees shall be disposed of offsite, unless otherwise agreed upon in writing. 21. RECORD DRAWINGS: The Contractor shall furnish and deliver to the Engineer record drawings (i.e. "as- built" plans) showing any and all field changes. The drawings shall be provided to Engineer prior to issuance of final Contractor payment. In lieu of record drawings, if no changes have occurred, Contractor shall submit a written document on Contractor's letterhead, signed by Contractor Owner or Officer stating that the project was built according to Engineer's plans with no changes to project. 22. BONDS: Contractor is responsible to pay for, and must provide all necessary bonding as required by the Owner, the City, and State. 32 G.1Developmmtl.projects�DFW\_Legacy PrejecislLiberty Trails (erookfield)%DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc EXHIBIT F INVOICING INSTRUCTIONS Invoices must include the Project Name, Invoice Date, Pay Application Number and be separated by line items shown on Exhibit D of this Contract. 2. Retainage and cumulative billing data must be included on the invoice. 3. Original notarized partial and final lien releases in a format approved by the Owner must be submitted with all invoices. 4. One (1) original invoice shall be submitted to the Construction Manager/Owner's Representative and one (1) copy to the Engineer. The Construction Manager/Owner's Representative shall forward the invoice to the Owner with a recommendation for approval. The Construction Manager/Owner's Representative will notify the Contractor of any discrepancies in billing prior to forwarding to the Owner. 5. Invoices shall be submitted by the 251h day of each month. EXHIBIT G SURVEY STAKING PROVIDED BY OWNER (THIS DOCUMENT IS SITE SPECIFIC AND MAY BE MODIFIED) A one-time survey staking shall be provided by the Owner's Surveyor, which will include the following: 1. Set initial construction control. 2. Stake and grade both sides of right-of-way of roadways at 100' stations or at lot corners for excavation/fill operations. 3. Stake and grade general building pad areas. 4. Perform verification of street, alley, and pad grades prior to utility work. Stake with offsets storm drains, inlets and headwalls. Set hubs for construction of tops/inverts. b. Stake sanitary sewer alignment with flowline elevations at 50'intervals. Set hubs for construction of manhole tops. 7. Stake lot corners of street right-of-ways for sanitary sewer laterals and water services. Stake lot corners right-of-way for water mains with fire hydrant locations and grades. Where water main is non -concentric to right-of-way, stake centerline of water mains at 50' intervals. 9. Perform verification of utility contractors regrading of streets after utility installation. 10. Stake and grade with an offset back of curb/edge of pavement at 50' intervals 11. Stake lot corners for franchise utility construction. 12. Stake and grade retaining walls. 13. Final set all lot corners after final construction as required by final plat. 14. Stake and grade entry features, hike and bike trails/sidewalks and site fencing. 15. Verify completed final graded building pad elevations. EXHIBIT H INSURANCE REQUIREMENTS 35 GADevelopmcntlprojecis\DFW Legacy Projects\Liberty Trails (Brookfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.201 S.doc MEMORANDUM TO: INSURANCE AGENCY FROM: OWNER/DEVELOPER DATE: SUBJECT: CERTIFICATE OF INSURANCE INSTRUCTIONS D. R. HORTON —TEXAS, LTD. Please provide a Certificate of Insurance for "Name of Proiece'as follows: Description of Operations I Locations I Vehicles 1 Etc Legal Description: Included as a named insured is: D. R. Horton — Texas, Ltd., and its subsidiaries, affiliated and successor companies, officers, directors, agents, servants, employees, divisions, partners and shareholders. A waiver of subrogation is in favor of the certificate holder and the additional named insured. Certificate Holder D. R. HORTON —TEXAS, LTD. 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 36 G:'Developmenf.pr0jm1s'%DFW_Legacy Projects: €Liberty Trails (Brookficld)1DEVELOPNMNT Generic Improvements -Contract REV T 12,2019 doc Minimum Insurance Requirements (for Certificates of Insurance for Sub -Contractors) Sometimes risk can be transferred. The most common way is through Insurance. Require your Sub -Contractors, Vendors and Suppliers to provide documentation of insurance commonly referred to as "Certificates". This should be on an Acord 25 form. Limits Requirements: Workers Compensation: Statutory Limits Employers Liability Limit: $100,000 Each Accident $100,000 Disease — Each Employee $500,000 Disease — Policy Limit Secure a Blanket Waiver of Subrogation - sample attached. Automobile $1,000,000 Hired/Non-Owned Auto Add contractor and Developer as Additional Insured III. General Liability: $1,000,000 General Aggregate $1,000,000 Each Occurrence $1,000,000 Products/Completed Ops Aggregate Do not allow exclusion for Assault/Battery or Punitive Damages. Include Contractor and Developer as Additional Insured. Include a Waiver of Subrogation in favor of the Contractor and Developer or secure a Blanket Waiver of Subrogation. Obtain a Certificate of Liability Insurance from each Sub -Contractor and maintain records for 3 years form the completion date of the project. Follow up to obtain renewal certificates each year. See Sample Certificate attached. EXHIBIT I GEOTECHNICAL REPORT 38 G:1Development\projects\DFW\_Legacy Projecls\Liberty Traits (Brookfield)\DEVELOPMENT Generic Improvements -Contract REV 7.12.2018.doc