HomeMy WebLinkAboutContract 61248-PM2CSC No. 61248-PM2
CONTRACT DOCUMENTS FOR
STREET LIGHT IMPROVEMENTS
LONE STAR AT LIBERTY TRAILS PHASE 1A
BROOKFIELD WATER CONTROL AND IMPROVEMENT
DISTRICT OF DENTON COUNTY
CITY OF FORT WORTH ETJ
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:
Pape -Dawson Engineers, Inc.
201 Main St., Suite 901
Fort Worth, Texas, 76102
Tel: 817-870-3668
Attention: Kevin M. Murphy, P.E.
TBPE Firm Registration #470
Pape -Dawson Project No. 61290-01
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page No.
RECITALS-
...................................................................................................4
ARTICLE 1 —
DEFINITIONS.........................................................................................
4
ARTICLE 2 —
CONSTRUCTION...................................................................................
5
ARTICLE 3 —
CONTRACT PRICE AND PAYMENT ..................................................
6
ARTICLE 4 —
CONTRACT DOCUMENTS..................................................................
7
ARTICLE 5 —
SURVEYS, STAKES, AND PERMITS..................................................7
ARTICLE 6 —EXAMINATION
OF JOB SITE..............................................................
9
ARTICLE 7 —
TESTING, INSPECTIONS AND CORRECTION OF WORK
.............. 9
ARTICLE 8 —
CHANGES IN WORK..........................................................................10
ARTICLE 9 —
TIME FOR COMPLETION: EXTENSIONS OF TIME......................10
ARTICLE 10
— USE OF LAND BY OWNER..............................................................12
ARTICLE 11
— TRAFFIC CONTROL AND CLEAN UP...........................................12
ARTICLE 12
— SUBCONTRACTORS........................................................................12
ARTICLE 13
— PROTECTION AND CHARACTER OF WORKMEN......................13
ARTICLE 14
— PROTECTION OF PROJECT.............................................................14
ARTICLE 15
— INDEMNITY AGREEMENT.............................................................14
ARTICLE 16
— INSURANCE TO BE MAINTAINED BY CONTRACTOR .............15
ARTICLE 17
— NO WAIVER.......................................................................................17
ARTICLE 18
— WARRANTY.......................................................................................17
ARTICLE 19
— TERMINATION OF CONTRACTOR BY OWNER .........................17
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TABLE OF CONTENTS, Continued
Pate No.
ARTICLE 20
— OTHER CONTRACTORS..................................................................
21
ARTICLE 21
— ATTORNEY'S FEES..........................................................................21
ARTICLE 22
— NOTICES.............................................................................................
21
ARTICLE 23
— ASSIGNMENTS..................................................................................
22
ARTICLE 24
— GENERAL PROVISIONS..................................................................
22
ARTICLE 25
— NON-DISCRIMINATION..................................................................
23
ARTICLE 26
— TAXES.................................................................................................23
ARTICLE 27
— BOOKS AND RECORDS...................................................................
24
ARTICLE 28
— BOYCOTTING ISRAEL & ANTI -TERRORISM VERIFICATION.
24
ARTICLE 29
— ETHICS................................................................................................
24
ARTICLE 30
— ENVIRONMENTAL PROTECTION .................................................
25
ARTICLE 3' -
PREVAILING WAGE ACT.................................................................
25
SIGNATUREPAGE
....................................................................................................26
2
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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 SPECIAL CONDITIONS
EXHIBIT F INVOICING INSTRUCTIONS
EXHIBIT G SURVEY STAKING PROVIDED BY OWNER
EXHIBIT H PROHIBITION ON BOYCOTTING ISRAEL
EXHIBIT I FORM 1295
EXHIBIT J GEOTECHNICAL REPORT
3
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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:
(1) 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.)
(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
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(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, 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.
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.
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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 Pavments. 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 251h 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 Pavment. 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
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.
C
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3.4 Final Pavment. 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 Public Authority, Owner, 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, benchmarks, and stakes on the
ground which are described in detail in Exhibit G, "Survey Staking Provided by Owner"
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.
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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 benchmarks, 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, fences, 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
ensure 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.
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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 Public Authority if the Governing Public Authority
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 or 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,
E
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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 may 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 9.4, below, and documented as
mentioned in Paragraph 9.5 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 Governing Public Agency 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.
to
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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 9.4. 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.
9.6 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 9.5, which approval will not be unreasonably withheld or delayed.
9.7 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 Conditions, 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
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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 (i) 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 I I — 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.
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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
14.1 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
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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, Construction Manager, and
Engineer 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, ENGINEER, 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 INDEMNITEES 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 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.
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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 (I) 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, ENGINEER, 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, CONSTRUCTION MANAGER, OR ENGINEER THEIR
AGENTS OR SERVANTS IN ANY SUCH SUIT, ACTION, OR OTHER LEGAL
PROCEEDINGS AND (III) REIMBURSE OWNER, CONSTRUCTION
MANAGER, OR ENGINEER 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.
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.
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.
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:
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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 the Owner, the Construction Manager, and the Engineer 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, the Construction Manager, and the Engineer 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, the
Construction Manager, and the Engineer 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, the Construction
Manager, and the Engineer 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, the Construction
Manager, and the Engineer 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, the Construction Manager, and the Engineer 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, the
Construction Manager, and the Engineer and written by carriers acceptable to the Owner.
Certificates of insurance required herein shall provide a statement confirming
coverage of the Owner, of the Construction Manager, and of the Engineer 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.
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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.
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.
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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: EXTENSIONS 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:
19.5.1 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.
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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 FEES
21.1.1 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.
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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 States registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
If to Owner, to: DR HORTON — TEXAS LTD.
6751 North Freeway,
Fort Worth, Texas 76131
Tel: 817-230-0800
If to Contractor, to: Independent Utility Construction, Inc.
5109 Sun Valley Dr
Fort Worth, TX 76119
817-478-4444
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.
24.4 The use herein of (i) the neutral gender includes the masculine and the feminine and (ii)
the singular number indicates the plural, whenever the context so requires.
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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 12138 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
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
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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 —BOYCOTTING ISRAEL AND ANTI -TERRORISM VERIFICATION
28.1 HOUSE BILL 89 VERIFICATION. By signing and entering into this Agreement,
Contractor verifies, pursuant to the Government Code Section 2270.001, it does not
boycott Israel and will not boycott Israel during the term of this Agreement.
28.2 ANTI -TERRORISM VERIFICATION. Contractor hereby represents and warrants that
at the time of this Agreement neither Contractor, nor any wholly -owned subsidiary,
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majority -owned subsidiary, parent company or affiliate of Contractor: (i) engages in
business with Iran, Sudan, or any foreign terrorist organization as described in Chapters
806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas
Government Code; or (ii) is a company listed by the Texas Comptroller under Sections
806.051, 807.051, or 2252.13 of the Texas Government Code. The term "foreign
terrorist organization" has the meaning assigned to such term in Section 2252.151 of the
Texas Government Code.
ARTICLE 29 —ETHICS
29.1 Form 1295 Filing: By signing and entering into this Agreement, Contractor agrees to
comply with House Bill 1295 which added section 2252.908 of the Government Code.
The law states that a governmental entity or state agency may not enter into certain
contracts with a business entitv unless the business entitv submits a disclosure of
interested parties to the governmental entity or state agency at the time the business entitv
submits the signed contract to the governmental entity or state agency. Form 1295 Must
be filed online at www.ethics.state.tx.us/File. Exhibit I
ARTICLE 30 — ENVIRONMENTAL PROTECTION
30.1 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,
discharges of waste to air, water, or land, solid waste disposal and management of
"hazardous substances".
30.2 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.
30.3 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.
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ARTICLE 31 — PREVAILING WAGE RATE
31.1 Chapter 2258 of the Texas Government Code provides that any political subdivision of
the State of Texas shall ascertain the general prevailing wage rate received by the classes
of worker employed on projects similar to this project and shall specify in the call for
bids and in the Contract the minimum wage rates which shall be paid for each type of
worker. This statute further provides that the Contractor or subcontractors shall pay, as a
penalty, to the Developer Sixty Dollars ($60.00) for each worker employed for each
calendar day or part of the day that the worker is paid less than the wage rates stipulated
in the Contract. The Developer is authorized to withhold from the Contractor the amount
of this penalty from any payment due under the Contract.
31.2 The statute likewise requires that the Contractor and subcontractors keep an accurate
record of the names and occupations of all persons employed by them in the construction
of the Project and to show the actual per diem wages paid to each worker. These records
are open to the inspection of the Developer.
31.3 The Contractor is required to pay at least the minimum Prevailing Wage Rate that applies
to Denton County, Texas.
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OWNER: DR HORTON — TEXAS LTD.
Date: �/ 15 — ? 1
By:
Name: Uu-
541 rC�G�Sc.vo�
Title: Asis4za,,4 r�eG.r� ear
Witness or Attest:
CONTRACTOR:
Independent Utility Construction, Inc.
Date: Aril 15th, 2024
4
By.
Name: Richard Wolfe
Title: President
Witness or Attest:
C ristina Garcia
Office Manager
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EXHIBIT A
IMPROVEMENTS
Street Light Improvements for Lone Star at Libertv Trails Phase IA, as shown on the City of
Fort Worth approved plans prepared by Pane -Dawson Engineers. Inc., dated September 2023,
and all issued revisions thereafter.
EXHIBIT B
CONTRACT DOCUMENTS
The Contract Documents consist of the following:
1. This contract and all exhibits.
2. Plans for the Construction of Water, Sewer, Paving, Drainage, & Street Light
Improvements to Serve Lone Star at Libertv Trails. Phase IA, prepared by Pape_
Dawson Engineers, Inc., dated September 2023 and all issued revisions thereafter.
EXHIBIT C
SPECIFICATIONS
1. All paving improvements shall be performed in accordance with the City of Fort Worth
and Owner's geotechnical engineer's recommendations, construction plans, and technical
specifications.
2. All work dedicated to the City of Fort Worth shall be performed in accordance with City
of Fort Worth Standard Construction Details and Specifications or to North Central Texas
Council of Governments (NCTCOG) Specifications and Standard Details as dictated by
City of Fort Worth. Questions regarding City standards and specifications or North
Central Texas Council of Governments Specifications and Standard Details should be
referred to the City of Fort Worth.
3. If a specification or construction detail is not provided for any portion of the Contractor's
Work, the Contractor shall notify the Construction Manager/Owner's
representative/Engineer of Record immediately before commencing said Work.
EXHIBIT D
ESTIMATED QUANTITIES AND UNIT COSTS, PERFORMANCE BOND,
PAYMENT BOND, CONTRACTOR INSURANCE
Street Lights
DAP - BID PROPOSAL
Page 1 of 1
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidhst Item
No.
Description
Specification Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
UNIT V: STREET LIGHTING IMPROVEMENTS
1
2605.3015 2" CONDT PVC SCH 80 (T)
26 05 33
LF
11,751
15.73
184,843.23
2
3441.1405 NO 2 Insulated Elec Condr
3441 10 _
LF
25,524
3.46
88,313.04
3
3441.1410 NO 10 Insulated Elec Condr
3441 10
LF
9,729
1.28
12,453.12
4
3441.1645 Furnish/Install Type 33A Arm
34 41 20
EA
50
301.00
15,050.00
5
3441.1646 Furnish/Install Type 33B Arm
34 41 20
EA
75
301.00
22,575.00
6
3441.3050 Furnish/Install Luminare (ATBO P101 MVOLT R2 3K MP
3441 20
EA
NL P7 AO RFD325607)
69
328.00
22,632.00
7
3441.3050 Furnish/Install Luminare (ATBO P101 MVOLT R4 3K MP
3441 20
EA
NL P7 AD RFD325606)
6
328.00
1,968.00
8
3441.3050 Furnish/Install Luminare (ATBO P303 MVOLT R2 3K MP
3541 20
EA
NL P7 AO RFD322792)
50
466.00
23,300.00
9
3441.3301 Rdwy Illum Foundation Type 1
34 41 20
EA
75
1,438.00
107,850.00
10
3441.3302 Rdwy Illum Foundation Type 3
33 41 20
EA
50
1,708.00
85,400.00
11
3441.3341 Rdwy Illum TY 11 Pole
344126
EA
75
1,830.00
137,250.00
12
3441.3352 Rdwy Illum TY 18 Pole
3441 20
EA
50
2,647.00
132,350.00
TOTAL
UNIT V: STREET LIGHTING IMPROVEMENTS
833,984.39
Bid Summary
UNIT V: STREET LIGHTING IMPROVEMENTS
Total Construction Bid
$833,984.391
This Bid is submitted by the entity named below:
BIDDER:
Independent Utility Construction, Inc.
5109 Sun Valley Drive
Fort Worth, TX 76119
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
BY: Rii/f d Wolfe
�
TITLE: President
DATE' 01 /17/2024
75 working days after the date when the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
004243_Bid Proposal DAP (lA).xlsx
EXHIBIT E
SPECIAL CONDITIONS
EXCAVATION/COMPACTION SPECIFICATION: All earthwork shall be performed
in accordance with the City of Fort 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.
c EXC A NI A TION/B A r A T.TTN,. Earthofle- czor d-.all loop
the Engineer-
infofmed of the o.AC In pvogr-ess—dtffing the exec^cvirtior phaae of eonst %etion, so
€ngimcr can males , if neeessafy. The intent is to eemplete the site
in a balanse e ut/fill rdit r, , „lom lnul an -or haul aff has been r e ,sly aMn �ed
oc ol-,.,all na*'ea- e the &it , mtil hio -.&�ock
field ver-ifieation.
£. WET UTILITY EX! A V A T10N/TD L'ATGH SPOILS: The Wet Utifit-y Gentfaeter- shall
haul exeess utility of *o an area onsit --T an adjaeent site as detefmined by
wrxoy' o Representative. All speil matotal Olmll �lo defined
ro in �a e spoils (bank yards not t,., ek . do). Spoil relocation fall be ; eide to
7. UYC A v A TTnRr/TDLATru cnnrr c �O' IIE1Jt "!' '�'SATET U"''TTITY FJ'OI E): Erj�s
retaining I flo, fall be te or- on aeent site , areas detefmined by
Genstnaetion Manager- %wr'o Romer
Sp--�IJ un'sir-cviistmcti6n Manager- -Fcn Owner's ccprcsei3cu4i'6'e 'rrsucs-=w'-irttel3
instmetiens as te where oilo Olmll Ylo Olmll :,e o623 lay)-,,ef
c*lo matcrral ol-,.\all 1•—a-defi-ned -\j in r),aae
g. GRADING DING TO E n NCJ 9: The E,,,.th,, e fk Contra tiZ' 51hall gr-a e the stfeets and alleys
cr'o Flar:eyer
1hprovide Periacuti6ivrstreet siiv after- e& zvirtr-ci6t9i .Y
shall be gfaded to within 0.3 feet ef plan gr-ades.
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.
4-0. RIL) TE: The Utility Cont,-ae or fall patff storm sewer- inlets in two stagesThe first
stage Olmll ti, d Olmll n
Paving C ntft tcc ahall b;aek oinlets whenplac-ing eoner-etepavement. U61i�
Gop.4faet3c ohall raiff inlet tops (seeend stage) and bleeketits after- eener-ete pa�vement has
been plaeed. U444y Contrwa or ill be+xpc/---,r/-b e for- providiinlet r,-oteet r agai
dafflage durimg pray' .
11. ADlUFTn OF UTILITIE8-4t ol\all h t
pe4arm an neces�al gr-ade adjustment all ap4en-anc�al e
manhelo riri, fire hydrants,
gev „bpi thority. The U44ity Contractor vhall tiresponsible f p „a;r
d, and inlotpr-eteetion durin ono. The
st t perf ,_.v, this o.Aft 51-.all be ineidental t the bid ;tows
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.
mil. TEFTl`IC: The Utility and Paving -Gontr tor o'hal fo
r-dinating all testing feqtfir-ed to eemplete his work and aeeeptanee by the Gevefflifig
Publie Authority and the speeifieations. All independent laboratories must be approve
by the Owner- and the Geven+i-ag PuY1ic . o d-.all h sent to the
15. DENSITY TESTING DURING EARTHWORK PHASE: The Owner 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.
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.
zl 7 CONCRETE BATCH PLANT: 'Th or &hall be
weeal, state, and federal efmits TequiFed4x :goa l;=and oponafio of fete
bata'i plrnt. Tin^',, ao�� ,,„� , u,,,;te�te T Q air pomiit, EP—k1TGEQ/N4S4
Stofm W or -%llutio os Plas pafmit. The Paving Cooto smell pay all aaseeiated with the ch plant. The
shall furnizh oopioz of all pats 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
EPA/TCEQ/MS4 guidelines. The Owner shall provide inspections as required by the
plan and EPA/TCEQ/MS4. It shall be the responsibility of the Contractor to protect all
erosion control devices. Any erosion control damaged shall be immediately repaired at
the Contractor's expense. Contractor shall be responsible for protection of fuel and other
hazardous substances at the site. It is the Contractor's 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 EPA/TCEQ/MS4.
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: 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.
23. HOUSE BILL 89 VERIFICATION. By signing and entering into this agreement
Constructor verifies pursuant to the Government Code Section 2270.001 if does not
boycott Israel during the term of this Agreement.
24. ANTI -TERRORISM VERIFICATION. Contractor hereby represents and warrants that at
the time of this Agreement neither Contractor, nor any wholly -owned subsidiary
majority -owned subsidiary, parent company or affiliate of Contractor (i) engages in
business with Iran, Sudan, or any foreign terrorist organization as described in Chapters
806 or 807 of the Texas Government Code or Subchapter F of Chapter 2252 of the Texas
Comptroller under Sections 806.051.807.051, or 2252.13 of the Texas Government Code.
The term "foreign terrorist organization" has the meaning assigned to such term in
Section 2252.151 of Texas Government Code.
EXHIBIT F
INVOICING INSTRUCTIONS
1. 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 25th day of each month.
EXHIBIT G
SURVEY STAKING PROVIDED BY OWNER
A one-time survey staking shall be provided by the Owner's Surveyor, which will include the
following:
Set initial construction control.
2. Stake lot corners for franchise utility construction.
EXHIBIT H
PROHIBITION ON BOYCOTTING ISRAEL
PROHIBITION ON BOYCOTTING ISRAEL AND CONTRACTING WITH TERRORIST
ORGANIZATIONS VERIFICATION
This verification is hereby incorporated into the terms of the Contract by and between Owner for
Independent Utility
Brookfield Water Control and Improvement District of Denton County, and Construction, Inc.
entered into this the 15th day of April 1 2024.
Independent Utility
1.01 Construction, Inc. , in conjunction with the execution of the above -referenced Contract and
in accordance with Chapter 2270 of the Texas Government Code, effective Sept. 1 2017, does
hereby agree, confirm, and verify that it:
A. Does not Boycott Israel; and
B. Will not Boycott Israel during the term of the contract
"Boycott Israel" has the meaning given to it in Chapter 808 of Subtitle A, Title 8 of the Texas
Government Code. As of the effective date of the statute, the term means "refusing to deal
with, terminating business activities with, or otherwise taking any action that is intended to
penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action make for ordinary business purposes."
1.02 Contractor hereby certifies that it is not a entity that contracts with or provides supplies or
services to a foreign terrorist organization, as defined by Section 2252.151(2), Texas
Government Code, and has not been identified as a company known to have contracts with or
provide supplies or services to a foreign terrorist organization as identified on a list prepared
and maintained under Section 806.051, 807.051, or 2252.153, Texas Government Code.
1.03 Contractor hereby acknowledges and agrees that this verification is a material term of the
contract and Owner is expressly relying on this verification in agreeing to enter into the
contract with Contractor.
1.04 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR AGREES TO
INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM ALL CLAIMS,
CAUSES OF ACTION, LEGAL PROCEEDINGS, DAMAGES, COSTS, FEES AND
EXPENSES ARISING OUT OF OR RELATED TO AN ACTUAL OR ALLEGED
MISREPRESENTATION BY CONTRACTOR PROVID D EREUNDER.
Contractor Signatur
State of Texas
County of Tarrant
Btfore me, a public, on this day personally appeared
jota
� � known to me to be the person whose name is
subscribed to the foregoing document and, being by me first duly sworn, declared that the s t nts
therein contained in Paragraph 1.01 A and B and Paragraph 1.0 'af tr e and corrct.
(P ar cin�lt�Arl n 11
CHRISTINA GARCIA
Notary Public, State of Texas Notary Public's Signature
Comm. Expires 12-20-2024
�i rF OF \��
fff\\\� Notary ID 130940785
Receipt and incorporation into the above -referenced contract hereby agreed to and acknowledged by:
Owner Signature
EXHIBIT I
FORM 1295
EXHIBIT I
GEOTECHNICAL REPORT