Project Manual (40).pdf

Friendswood Development Company

Contract Documents and Specifications for Construction of:

The Grand Prairie Highlands Kickapoo Road Phase III

Hardscape and Softscape Improvements

10401 Stella Link Road Houston, Texas 77025

(713) 871-1414

CC Project No. 126-049 August 2026

Technical Specifications Prepared by: Clark Condon

08.21.2026

THE GRAND PRAIRIE HIGHLANDS KICKAPOO ROAD PHASE III

HARDSCAPE AND SOFTSCAPE IMPROVEMENTS

TECHNICAL SPECIFICATIONS TABLE OF CONTENTS

I. INVITATION TO BIDDERS

II. INSTRUCTIONS TO BIDDERS

III. BID FORM

IV. CONTRACT FOR SERVICES

V. CONCRETE WASHOUT BPM SPECIFIACTION

VI. MULCH BUFFER BMP SPECIFICATION

VII. NOTICE TO PROCEED

VIII. TECHNICAL SPECIFICATIONS

Summary Section 011000 Unit Prices Section 012200 Substitution Procedures Section 012500 Contract Modification Procedures Section 012600 Project Management and Coordination Section 013100 Submittal Procedures Section 013300 Execution Section 017300 Closeout Procedures Section 017700

Site Preparation Section 311100 Earth Moving Section 312000 Concrete Paving Section 321313 Planting Irrigation Section 328400 Hydromulching Section 329201 Sodding Section 329202 Grass and Wildflower Seeding Section 329203 Plants Section 329300 Exterior Landscape Maintenance Section 329301

Clark Condon Associates The Grand Prairie Highlands Kickapoo Road Phase III August 2026 Hardscape and Softscape Improvements For Bid

I. 1/1

I. INVITATION TO BID

Sealed Electronic bids addressed to Friendswood Development Company, Attention David Danielson, will be electronically received through CivCastUSA, until 10:00 a.m. Local Time, Friday, September 4, 2026, and then publicly opened and read at the office of Clark Condon Associates, Inc., 10401 Stella Link Road, Houston, TX 77025 and via Microsoft Teams for the construction of “The Grand Prairie Highlands Kickapoo Road Phase III Hardscape and Softscape Improvements” in Harris County, Texas. To join via Microsoft Teams, use Meeting ID: 225 292 510 604 933 and Passcode: iT7qt2rX.

Scope of Work of the Contract includes the following: Sidewalk, planting, and irrigation.

A non-mandatory pre-bid conference will be held remotely on Friday, August 28, 2026, at 10:00 a.m. Local Time, via Microsoft Teams. To join via Microsoft Teams, use Meeting ID: 224 769 321 924 817 and Passcode: wB3jL3fw.

Each Bid must be accompanied by a Bid Bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract and execute the Bonds on the forms provided and provide the required insurance certificates within seven (7) days after the date the Contract is received by the Contractor. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within twenty-four (24) hours of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from Clark Condon Associates, Inc., 10401 Stella Link Road, Houston, Texas 77025 or www.CivCastUSA.com starting on August 21, 2026. There is NO charge to view or download documents.

By submitting a Bid, Bidder acknowledges and agrees that the Contract may be accepted, executed, or agreed to through the use of an Electronic Signature, as defined by and in accordance with Owner’s Electronic Signature Rules for Construction Contracts.

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

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and/or Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

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II. INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the INVITATION TO BIDDERS, each bid shall be submitted electronically via the CivCastUSA Website, in conformity with the requirements of the INVITATION TO BIDDERS, these INSTRUCTIONS, and the instructions noted on the BID FORM.

All blanks on the bid form shall be completed, typed, or written in ink, and no change shall be made to the bid form or any other of the CONTRACT DOCUMENTS. All amounts shall be written in both words and figures, with amounts extended and totaled. If there is a discrepancy between the words and the figures of any amount, the words shall govern. Any bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if any of the prices are unbalanced; or if it shall in any manner fail to conform to the conditions of the INVITATION TO BIDDERS or these instructions.

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

2. CONTRACT DOCUMENTS. The instruments, plans and specifications comprising the Contract Documents are as defined in the General Conditions. The Contract Documents are complementary and must be read together and as a whole; what is called for by one is as binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents shall submit a written request via the CivCastUSA Website for such information to the Owner’s Representative and Owner not less than three working days before the bid opening unless otherwise determined by the Owner or Owner’s Representative. Answers to these requests will be given in writing to all bidders as addenda or via the question portal on CivCastUSA Website, and each addendum will be made a part of the Contract. No explanation or interpretation of the Contract, other than written addenda, shall be binding. Should a bidder find discrepancies in or omissions from the Contract Documents or should it be in doubt as to any meaning, it should notify Owner’s Representative so a written addendum may be sent to all bidders. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Owner’s Representative's office.

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

3. PRE-BID CONFERENCE. A non-mandatory pre-bid conference will be held remotely on Friday, August 28, at 10:00 am Local Time, via Microsoft Teams. To join via Microsoft Teams, use Meeting ID: 224 769 321 924 817 and Passcode: wB3jL3fw

4. BID SECURITY. Each Bid shall be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than 5 percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and provide the required insurance certificates within 7 days after the date Contract Documents are received by the Contractor. Bid Securities will be returned to all

II. 2/3

but the three most qualified, responsible bidders within 5 days after the opening of Bids, and the latter’s Bid Securities will be returned after the complete execution of the Contract.

5. SUBCONTRACTORS. A list of all proposed subcontractors must be submitted with the bid documents.

6. SUBSTITUTIONS. When material or equipment is specified by a trade or brand name, it is not the Owner's intent to prohibit the use of an equal product of another manufacturer. Such specifications are intended to set a definite standard of quality or performance and to establish an equal basis for the evaluation of bids. In preparing its bid, each bidder is expected to include in the base bid the cost of the items so specified. A bidder wishing to offer substitute items of equipment or materials for those specified by brand names must do so by indicating as an attachment to the bid form the items it wishes to substitute, the corresponding specified items to be replaced by the substitution and change (increase or deduction) in the base bid that would result if Owner were to accept the substitute items. Consideration of alternates will be limited to the substitution of individual items of material or equipment specified by brand names. Each offer for substitution shall be accompanied by duplicate copies of complete descriptive matter and information on the substitute item. Any proposed substitutions shall be requested by the bidder. Requests by manufacturers or vendors will not be considered during the bid and contracting process. The owner reserves the right to accept or reject each substitution offered.

7. DELIVERY OF BIDS. It is each bidder's responsibility to deliver its bid to the Owner's office named in the Invitation to Bidders before the Closing Time. The fact that a bid was dispatched will not be considered. The bid must be delivered to be considered. Faxed bids will not be accepted. Emailed bids will not be accepted.

Bids shall be submitted via CivCastUSA Website.

8. AWARD OF CONTRACT. Unless it elects to reject all bids, the Owner will award the Contract after a thorough analysis of the bids submitted. The approximate contract start date will be as specified in the invitation to bid or as stated in the Prebid Conference. The award will be made based on which bid, in the Owner's judgment, will be most advantageous to the Owner, will result in the best and most economical completion of the Work, and was made by a person that the Owner knows to be responsible. The owner reserves the right to reject any or all bids and to waive technical defects in bidding, as the interests of the Owner may require. In case of ambiguity or lack of clarity in stating the prices in any bid, the Owner shall consider the construction of the bid most advantageous to the Owner or, at its option, reject the bid. A bidder may withdraw its bid before the Closing Time without prejudice to itself by submitting a written request for its withdrawal to the Owner's Office.

Within seven days of an oral notice of award of the Contract, the successful bidder shall submit to the Owner all information and other items necessary to complete the CONTRACT DOCUMENTS, including the Contractor's safety program. The Owner shall then prepare the final CONTRACT DOCUMENTS for execution by the bidder. The successful bidder shall return the signed CONTRACT DOCUMENTS to the Owner within five days of receipt, or the Owner may disqualify the bid and accept another bid.

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

10. NUMBER OF SIGNED SETS OF DOCUMENTS. The CONTRACT DOCUMENTS will be prepared in at least three original sets for signature or electronically via DocuSign, one for delivery to the successful bidder. The owner will furnish the successful bidder with five sets of PLANS and TECHNICAL SPECIFICATIONS free of charge, and additional sets may be obtained from the Owner’s Representative at the Owner’s Representative's reproduction rates.

11. PRECONSTRUCTION CONFERENCE. A Preconstruction Conference will be scheduled with the successful bidder and his subcontractors upon awarding and executing the contract.

END OF SECTION

III. 1/2

III. BID FORM

To: Lennar Homes of Texas Land and Construction, LTD dba Friendswood Development Company

5755 N. Sam Houston Parkway W., Suite 900

Houston, TX 77086

Work: The Grand Prairie Highlands Kickapoo Road Phase III Hardscape and Softscape Improvements including: sidewalks, planting and irrigation.

Name of Bidder (Company Name):

Address:

Telephone:

Email:

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

The Contract time for Landscape Improvements: Contractor shall be substantially complete with all work by:

90 calendar days from Notice to Proceed.

GRAND TOTAL LUMP SUM BID: $

(bid amount written)

Clark Condon

The Grand Prairie Highlands Kickapoo Road Phase III

For Bid

ITEM NO. ITEM UNIT QTY. UNIT COST EXTENSION

Section 14 $0.00

SWPPP

1 Concrete Washout (installation and removal the per attached guidelines)

EA 1 $0.00

2 Mulch Construction Access Path (installation and removal per the attached guidelines)

EA 1 $0.00

3 Removal and Legal Disposal of Silt Fence (within scope area upon completion)

LS 1 $0.00

4 Daily Trash and Debris Removal (within scope area) LS 1 $0.00

Total SWPPP $0.00

Hardscape

5 Concrete Walk (all widths) SF 11,500 $0.00

Total Hardscape $0.00

Softscape

6 Savannah Holly - 30 gal. EA 9 $0.00

7 Wax Myrtle - 15 gal. EA 7 $0.00

8 Bur Oak - 30 gal. EA 5 $0.00

9 Bur Oak - 65 gal. EA 1 $0.00

10 Mexican White Oak - 30 gal. EA 1 $0.00

11 Mexican White Oak - 65 gal. EA 2 $0.00

12 Shumard Oak - 30 gal. EA 4 $0.00

13 Shumard Oak - 45 gal. EA 1 $0.00

14 Live Oak - 30 gal. EA 7 $0.00

15 Live Oak - 65 gal. EA 4 $0.00

16 Cedar Elm - 65 gal. EA 2 $0.00

17 Lilac Chaste Tree - 30 gal. EA 18 $0.00

18 Sandy leaf Fig - 1 gal. EA 233 $0.00

19 Aztec Gold Daylily - 1 gal. EA 120 $0.00

20 Stoke's Dwarf Yaupon Holly - 3 gal. EA 113 $0.00

21 Texas Sage - 3 gal. EA 18 $0.00

22 New Gold Lantana - 1 gal. EA 94 $0.00

23 Gulf Coast Muhly - 3 gal. EA 107 $0.00

24 Indigo Spires Salvia - 1 gal. EA 77 $0.00

25 Orange Zexmenia - 1 gal. EA 169 $0.00

26 Side Oats Grama - 1 gal. EA 431 $0.00

27 Lanceleaf Coreopsis - 4" pot EA 215 $0.00

28 Rattlesnake Master - 4" pot EA 111 $0.00

29 Gulf Coast Muhly - 1 gal. EA 231 $0.00

30 Butterfly Gaura - 4" pot EA 111 $0.00

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

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Clark Condon

The Grand Prairie Highlands Kickapoo Road Phase III

For Bid

ITEM NO. ITEM UNIT QTY. UNIT COST EXTENSION

31 Scarlet Sage - 4" pot EA 111 $0.00

32 Henry Duelberg Sage - 4" pot EA 140 $0.00

33 Little Bluestem - 1 gal. EA 431 $0.00

34 Prairie and Wildflower Seeding SF 7,700 $0.00

35 Fine Grade and Sod (Common Bermuda) SF 31,850 $0.00

36 Fine Grade and Hydromulch (Seasonally Appropriate) SF 54,500 $0.00

37 Irrigation System (complete and operational) LS 1 $0.00

38 60 Day Landscape Maintenance LS 1 $0.00

Total Softscape $0.00

TOTAL SECTION 14 BASE BID $0.00

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Clark Condon Associates The Grand Prairie Highlands Section 14 & 15 January 2026 Hardscape and Softscape Improvements

III. 2/2

Bidder acknowledges receipt of the following addenda:

Addenda Number and Date:

Signature and Title of Bidder:

Name of Bidder Printed or Typed:

Date:

Surety Company:

State of Incorporation:

Local Agent:

Agent’s Telephone:

Insurance Carrier:

State of Incorporation:

Local Agent:

Agent’s Telephone:

Proposed Sub-Contractors:

Company Name and Type of Work:

LENNAR dba FDC / CFS 12.2022 FORMAT LHTLC

Rev. 7/26/2017 1 of 6

IV. CONTRACT FOR SERVICES

The parties to this Contract for Services (this "Contract") are

LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD

dba FRIENDSWOOD DEVELOPMENT COMPANY (“FDC”) 5775 N. Sam Houston Parkway W., Suite 900

Houston, Texas 77086 and

(Contractor)

They are referred to in this Agreement as FDC and Contractor. FDC is a Texas limited partnership duly authorized to do business in the state where the project is located for which work is to be performed. Contractor is a Texas corporation.

By this Contract, FDC engages Contractor, and Contractor agrees to perform, the following work (the "Work"), for the payment stated below, in accordance with the General Conditions, attached:

Scope of the Work:

See Exhibit “A” dated attached hereto and made a part hereof.

SWPPP Compliance:

Contractor is responsible for maintaining the project site in compliance with the Storm Water Pollution Prevention Plan (SWPPP) in effect for the Grand Prairie Highlands Community. An electronic copy of the SWPPP will be provided to the Contractor upon request.

Time for completion:

Ninety (90) days from verbal Notice to Proceed

Description of the land where the Work is to be performed:

The Grand Prairie Highlands Kickapoo Road Phase III Hardcsape and Softscape Improvements located in Harris County, Texas.

Payment:

See Exhibit “A” dated attached hereto and made a part hereof.

The effective date of this Contract is .

LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,

a Texas limited partnership, dba FRIENDSWOOD DEVELOPMENT COMPANY

BY: U.S. Home LLC, a Delaware limited liability company, (as successor-in-interest by conversion from U.S. Home Corporation, a Delaware corporation), its General Partner

By:

Name:

Title:

By:

Name:

Title:

Employer Identification No.

Rev. 7/26/2017 2 of 6

GENERAL CONDITIONS

CONTRACT FOR SERVICES

1. CONTRACTOR'S DUTIES. Contractor shall furnish at its own cost and expense all materials, crews, tools, machinery, and equipment for, and begin and press the Work with due diligence until completion, in accordance with plans and specifications agreed to by Contractor and FDC and in a good and workmanlike manner. In connection with the Work, Contractor shall:

a. provide cooperation and coordination with all trades;

b. give FDC a one-year unlimited warranty on all materials, equipment, and workmanship;

c. inspect the site of the Work and accept its existing conditions;

d. protect the Work and repair or pay for the repair of any damage caused by Contractor, its agents, invitees, or employees to property of FDC or third parties;

e. provide periodic and final clean-up of all debris resulting from the Work, including removal and disposal from the site as directed; and

f. provide any items not specifically mentioned but reasonably required for completion of the Work.

Contractor shall apply for and obtain all permits and licenses required for the Work at its expense and be responsible for securing inspections and approval of the Work from all authorities having jurisdiction over the Work. Contractor shall pay off and satisfy all claims for labor and materials employed or used in any manner by it in connection with the Work, permit no liens of any kind to be fixed upon or against FDC’s property by Contractor's laborers, mechanics, or materialmen, and indemnify, protect, and save AR harmless from and against all such claims and liens. The Work shall be performed in accordance with a schedule approved by

FDC. Changes to the approved schedule shall be approved in writing by both parties. FDC and its duly authorized representatives shall have the right to inspect the Work at all reasonable times.

2. SUBCONTRACTORS; ASSIGNMENT. Contractor shall neither assign this Contract nor subcontract out any part of the

Work without the prior written consent of FDC.

3. DEFAULT BY CONTRACTOR; TERMINATION BY LENNAR. If, in the opinion of FDC, Contractor should:

a. fail at any time during the performance of the Work to provide the necessary crews, tools, or equipment for the proper performance of the Work;

b. breach this Contract in whole or in part;

c. fail to use due diligence in the performance the Work;

d. fail to perform this Contract in the manner provided;

e. make an assignment for the benefit of creditors or any general arrangement with creditors;

f. be placed in receivership;

g. permit its financial responsibility to become impaired or unsatisfactory to FDC.

Then, and in any of such events, FDC may, at its election, either immediately terminate this Contract or take over and perform either through its own employees or another contractor all or any part of the Work remaining unperformed. In the event FDC takes over the Work, Contractor shall not be entitled to any payment or further payment for Work performed or material, equipment, or supplies furnished prior to such taking over until the Work required under this Contract is completed and accepted by FDC, at which time FDC's total costs and expenses in completing the Work shall be deducted from the amount which otherwise would have accrued to Contractor and the difference, if any, shall be paid by FDC to Contractor FDC exercise of its rights hereunder shall not constitute a waiver of and shall be without prejudice to its rights in law or equity to pursue damages or any other claim it may have against Contractor.

4. PAYMENTS. The amount of this Contract is not subject to any escalation and includes any and all applicable taxes, including but not limited to any sales and use taxes, due on the work performed. Any such applicable taxes are the responsibility of Contractor. Contractor shall submit duplicate invoices to FDC each month for partial payments, and FDC shall undertake to pay each invoice within thirty (30) days after receipt, unless a portion of the invoice is in question. Partial payments shall be in the amount of 90% due for such portion of the Work as has been completed since the last invoice, based upon estimates made by

FDC's representatives. Final payment shall be made by FDC to Contractor thirty days following completion of the Work, but only if

Contractor has fully performed its obligations under this Contract to FDC's satisfaction. The payment provisions of this Contract are subject, however, to the withholding or retainage provisions of any applicable state laws and any and all other applicable laws and to Contractor's furnishing proof satisfactory to FDC that all claims for labor and materials have been satisfied and that there are no unsatisfied claims for injuries or damages.

Rev. 7/26/2017 3 of 6

FDC reserves the right to withhold payment if Contractor is not in compliance with the General Conditions of this Contract (special emphasis may be placed on Paragraphs 9 and 14). Such payment may be withheld until compliance is achieved by Contractor.

Payments will be made via electronic direct deposit.

5. INDEPENDENT CONTRACTOR. Contractor is an independent contractor in the performance of its duties under this

Contract. The detailed methods and manner of conducting the Work shall be under the complete control and direction of

Contractor. Contractor shall perform the Work in accordance with its own methods; enforce strict discipline and order among its employees; and not employ for any work any person not fit for and skilled in the work assigned to him or her.

Any review of Contractor's Work and any requests or suggestions made by FDC for changes or additions in the Work shall not change this relationship between FDC and Contractor or any persons engaged in performing Work under this Contract. The Work performed by Contractor shall be subject to FDC's inspection and approval at all times, but such approval shall not relieve

Contractor of responsibility for proper performance of the Work. Contractor shall, at FDC's request, furnish all information concerning the Work and grant FDC's duly authorized representatives free access at all reasonable times to the information developed or obtained under this Contract.

All persons performing any part of the Work shall be and shall remain employees or agents of Contractor and not employees or agents of FDC. Contractor shall be fully responsible for all applicable federal, state, and local taxes arising out of Contractor's activities under this Contract, including by way of illustration but not by way of limitation, federal income tax, social security tax, unemployment compensation contributions, and all other taxes, contributions, or business license fees as required. Personnel furnished by Contractor shall not be entitled to participate in any benefit plan available to FDC's employees, and neither Contractor nor Contractor's employees shall represent itself or themselves to be employees of FDC or any affiliate of FDC.

6. RECORDS AND AUDIT. Contractor shall keep adequate books and records supporting its charges and its Work generally under this Contract, and all such books and records shall be available at reasonable times to FDC or its designated representatives during a period ending three years following the date of final payment made under this Contract. FDC's representatives shall have the right to reproduce all such books and records which pertain to Contractor's charges and the Work generally under this Contract.

If any audit by FDC shall reveal errors or exceptions, FDC and Contractor shall meet to review the audit report. If appropriate, Contractor shall adjust the relevant invoice(s) or refund overpayments promptly.

7. INDEMNITY. Contractor agrees to and shall indemnify, protect, and hold harmless FDC, its officers, agents, and employees, from and against any and all claims, demands, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, and including injury to or death of any person, or for damage to any property, in any way arising out of or in connection with the willful or negligent acts or omissions and the acts of willful misconduct of Contractor and/or persons operating under Contractor in connection with the Work done by Contractor under this

Contract.

Where such claims, demands, losses, damages, causes of action, suits, or liability have been caused, in whole or in part, by the joint or concurrent willful or negligent acts or omissions or the acts of willful misconduct of FDC and Contractor, Contractor's duty of indemnification shall be in proportion to Contractor's allocable share of such joint or concurrent willful or negligent acts or omissions and acts of willful misconduct. Contractor shall not be liable for claims, demands, or causes of action arising solely out of FDC's willful or negligent acts or omissions or acts of willful misconduct.

It is the expressed intention of the parties hereto, both Contractor and FDC, that each of them shall be liable for the consequences of their own willful or negligent acts or omissions and acts of willful misconduct, and for the consequences of the willful or negligent acts or omissions and the acts of willful misconduct of their own officers, agents, employees, or subcontractors whether those willful or negligent acts or omissions and acts of willful misconduct are the sole, joint, or concurring cause of any claims, demands, losses, damages, causes of action, or other liabilities.

Contractor shall be responsible for all damages and loss sustained by it to its tools and equipment utilized in the performance of the Work.

8. TERMINATION. In addition to FDC's other rights regarding termination, this Contract may be terminated in whole or in part any time without cause by either FDC or Contractor by written notice to the other party at least fifteen days prior to termination. Upon termination, FDC shall pay Contractor compensation earned for the Work actually performed under this Contract to the date of termination. In no event shall FDC be liable to Contractor for any damages on account of such termination or for anticipated profits with respect to future work, nor shall Contractor be liable to FDC for any damages on account of such termination.

9. COMPLIANCE WITH LAW. Contractor shall comply with all laws and lawful regulations applicable to any activities carried out in the name of or on behalf of FDC under the provisions of this Contract and/or any amendments to it and shall notify FDC promptly upon discovery of any instance where Contractor fails to so comply.

10. ACCURACY OF RECORDS. All financial settlements, billings, and reports rendered by Contractor to FDC, as provided for in this Contract and/or any amendments to it, shall, to the best of Contractor's knowledge and belief, reflect properly the facts about all activities and transactions handled for the account of FDC. Such data may be relied upon by FDC as being complete and accurate in any further recording and reporting made by FDC for whatever purpose. Contractor shall notify FDC promptly upon discovery of any instance where Contractor has reason to believe such data are no longer accurate and complete.

Rev. 7/26/2017 4 of 6

11. BUSINESS STANDARDS. Each party, in performing its obligations under this Contract, shall establish and maintain appropriate business standards, procedures, and controls, including those necessary to avoid any real or apparent impropriety or adverse impact on the other party. The parties shall, with reasonable frequency during the term of this Contract, review such business standards and procedures with each other, including, without limitation, those related to the activities of employees, representatives, and agents in their relations with each other's employees, agents, and representatives, vendors, subcontractors and with other third parties, and those relating to the placement and administration of purchase orders and subcontracts.

12. EQUAL EMPLOYMENT OPPORTUNITY. Contractor shall comply with all applicable federal and state laws and regulations with respect to non-discrimination and equal opportunity in employment.

13. INSURANCE. For as long as this Contract shall be in effect, Contractor shall procure and maintain, at its sole cost and expense, the following insurance coverages:

a. Workers' Compensation:

Coverage A. Statutory Benefits

Coverage B. Employers’ Liability as follows:

Bodily Injury by accident $1,000,000 each accident

Bodily injury by disease $1,000,000 policy limit

Bodily injury by disease $1,000,000 each employee

Coverage must include a waiver of subrogation endorsement in favor of, and naming, Lennar Corporation, including its subsidiaries, partners, partnerships, affiliated companies, successors and assigns.

b. Commercial Auto Coverage:

Automobile Liability coverage of not less than $500,000 combined single limit, each accident, covering all owned, hired and non-owned autos.

c. Commercial General Liability:

The limits of liability shall not be less than:

Each Occurrence Limit $1,000,000

Personal Advertising Injury Limit $1,000,000

Products/Completed Operations Aggregate Limit $1,000,000

General Aggregate Limit $2,000,000

(other than Products/Completed Operations)

The policy must include:

1) Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU).

2) Products and Completed Operations coverage. Contractor agrees to maintain this coverage for a minimum of ten (10) years following completion of its work.

3) Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause.

4) Broad Form Property Damage coverage, including completed operations, or its equivalent.

5) The work “performed on your behalf by a Contractor” exception to the “Damage to Your Work” exclusion

(Exclusion “1” of the CG0001 0196.) No limitation or restriction of this exception is allowed.

6) An Additional Insured Endorsement containing the following provision:

“It is understood and agreed that coverage afforded by this policy shall also apply to Lennar Corporation, including its subsidiaries, partners, partnerships, affiliated companies, successors and assigns, as additional insureds.

7) A primary endorsement stating: “Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy.

8) If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects.

9) There shall be no exclusions for continuing or progressive losses not known by Contractor to exist prior to policy inception.

10) Coverage must be on an “occurrence” form. “Claims Made” and “Modified Occurrence” forms are not acceptable.

d. Property Insurance:

Contractor shall maintain “Special Form” property insurance (commonly referred to as “all risk” or “special perils” coverage) in an amount equal to the full replacement cost of all Contractor’s real and personal property (for which it has title and/or risk of loss), as well as real and personal property which becomes a final part of the project, during its

Rev. 7/26/2017 5 of 6 off-Project status, in transit and while stored or worked upon away from, or on, the Project site. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed.

e. Other Requirements:

1) All policies must afford an unqualified thirty (30) days notice of cancellation to the additional insured(s) in the event of cancellation or non-renewal, and ten (10) days notice of cancellation for non-payment of premium.

2) All policies must be written by insurance companies whose rating in the most recent Best’s Rating Guide, is not less than B (++):VII. All coverage forms must be acceptable to FDC. Contractor agrees to provide a full-certified copy of any policy maintained by Contractor to FDC upon FDC’s request therefor.

3) Certificates of Insurance with the required endorsements evidencing the required coverage must be delivered to the FDC prior to commencement of any work under this Contract. Such certificates of Insurance shall state “All

Operations” of FDC or Contractor performed on behalf of FDC shall be covered by such insurance. The wording

“Endeavor” and … “but failure to mail such notice shall impose no obligation or liability of any kind upon the company” must be deleted from the certificate. If your carrier or broker will not remove such language from the certificate, a separate endorsement requiring 30-day notice of cancellation will be required.

4) If the Contractor fails to secure and maintain the required insurance, FDC shall have the right (without any obligation to do so, however) to secure same in the name and for the account of Contractor in which event the

Contractor shall pay the costs thereof and furnish upon demand all information that may be required in connection therewith.

5) FDC reserves the right, but shall have no obligation, to procure the insurance, or any portion thereof, for which

Contractor is herein responsible and which is described in this section. FDC shall notify Contractor if FDC exercises its right, whereupon Contractor’s responsibility to carry such insurance shall cease and all the premiums and other charges associated with such insurance shall be refunded to the FDC. FDC further reserves the right at any time, with thirty (30) days written notice to Contractor, to require that Contractor resume the procurement and maintenance of any insurance for which FDC has elected to become responsible pursuant to this subsection; in such event, the sums paid to Contractor by FDC shall increase to the extent of any previously agreed and implemented reduction (as noted above) attributable to FDC’s prior assumption of the particular insurance coverages. Such refund shall be equitably pro-rated based upon Contractor’s completed work at the time of such adjustment.

6) FDC reserves the right, in its sole discretion, to require higher limits of liability coverage if, in FDC’s opinion, operations by or on behalf of Contractor create higher than normal hazards, and, to require Contractor to name additional parties in interest to be Additional insureds.

7) In the event that rental of equipment is undertaken to complete and/or perform the work, Contractor agrees that it shall be solely responsible for such rental equipment. Such responsibility shall include, but not be limited to theft, fire, vandalism and use, including use by unauthorized persons.

8) Nothing in this Exhibit shall reduce Contractor’s obligations as set forth in the Indemnity provisions of the

Contract.

9) In the event that materials or any other type of personal property (“personal property”) is acquired for the

Project or delivered to the Project site, Contractor agrees that it shall be solely responsible for such property until it becomes a fixture on the Project, or otherwise is installed and incorporated as a final part of the Project.

Such responsibility shall include, but not be limited to, theft, fire, vandalism, and use, including use by unauthorized persons.

10) Waiver of Subrogation. Contractor hereby waives all rights of recovery against FDC and the indemnities, their partners, officers, directors, agents, representatives, employees, successors and assigns, with respect to any loss or damage, including consequential loss or damage, to the Contractor’s property caused or occasioned by any peril or perils covered under any policy or policies of property insurance carried by the Contractor.

Contractor shall cause its insurance carriers to consent to such waiver of subrogation.

e. Notices:

All Certificates of Insurance and required endorsements much be addressed and forwarded to:

Lennar Corporation With Copy to: Friendswood Development Company

Insurance Compliance Attn: Veronica Vega-Capistran

P. O. Box 100085-LC 5775 N. Sam Houston Parkway W., Suite 900

Duluth, GA 30096 Houston, TX 77086

Phone: (951) 766-2274 Phone: 281-874-8572

Fax: (770) 325-6368 Fax: 281 582-5704 veronica.vega-capistran@lennar.com

14. SAFETY. Contractor shall develop a safety program applicable to each work site and to the Work, review such program with FDC in advance of beginning the Work and enforce such program at all times. Further, Contractor shall comply with all applicable laws and regulations, including, but not limited to, the standards and regulations promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (OSHA), and any other legislation enacted for the safety and health of

Contractor's employees. FDC shall have the right, but not the obligation, to review Contractor's operations periodically for the purpose of securing compliance by Contractor with the safety program, but such reviews shall not diminish Contractor's complete responsibility for protecting the safety and health of its employees and subcontractors.

Contractor shall notify FDC immediately, by telephone with prompt confirmation in writing, of lost-time injuries and fatalities that occur on the work site in connection with the Work being performed under this Contract and shall provide FDC with such reports of mailto:veronica.vega-capistran@lennar.com

Rev. 7/26/2017 6 of 6 injuries and fatalities as FDC shall deem necessary, including, but not limited to, copies of all reports and other documents filed or provided to Contractor's insurers and applicable State authority in connection with such injuries or fatalities.

These safety and health terms are agreed by both FDC and Contractor to be of the highest importance, and a breach or violation of any of the terms of this Paragraph by Contractor will be considered to be a material and substantial breach of this Contract. In the event that FDC shall determine that Contractor has breached or violated the terms of this Paragraph, then FDC shall have the right to suspend the Work or terminate this Contract, as FDC shall determine, immediately upon written notice to Contractor. Work shall not recommence until FDC shall be satisfied that these safety provisions shall not be breached or violated thereafter.

Nothing contained herein shall be interpreted as enlarging FDC's legal duty to Contractor or to Contractor's agents, employees, subcontractors, or third parties, or altering the status of Contractor as an independent contractor as set forth in Paragraph 5 above.

15. ALCOHOL AND DRUGS. None of Contractor's employees, agents, and subcontractors shall be permitted to perform any part of the Work while under the influence of alcohol or any controlled substance. Contractor, its employees, agents, and subcontractors shall not use, possess, distribute, or sell illicit or unprescribed controlled drugs or drug paraphernalia, or misuse legitimate prescription drugs while performing work for FDC. Contractor, its employees, agents, and subcontractors shall not use, possess, distribute, or sell alcoholic beverages while performing work for FDC. Contractor has adopted or will adopt its own policy to assure a drug and alcohol free work place while performing work for FDC.

Contractor will remove any of their employees from performing the Work any time there is suspicion of alcohol or drug use, possession, or impairment involving such employee, and at any time an incident occurs where drug or alcohol use could have been a contributing factor. FDC has the right to require Contractor to remove employees from performing the Work any time cause exists to suspect alcohol or drug use. In such cases, Contractor's employee may only be considered for return to work after the

Contractor certifies as a result of a for-cause test, conducted immediately following removal, that said employee was in compliance with this contract. Contractor will not use an employee to perform the Work who either refuses to take, or tests positive in, any alcohol or drug test.

FDC may, without prior notice, search the person, possessions, and vehicle of Contractor's employees, agents, and subcontractors that are on premises owned, controlled, or managed by FDC. Any person who refuses to cooperate with such search will be removed from the premises and not allowed to return. Contractor will replace any of its employees, agents, or subcontractors at

FDC's request. Contractor will comply with all applicable federal, state, and local drug and alcohol related laws and regulations

(e.g., Department of Transportation regulations, Department of Defense Drug-Free Workforce Policy, Drug-Free Workplace Act of

1988). FDC shall have the right, but not the obligation, to perform unannounced audits of Contractor's alcohol and drug program to verify that Contractor's policy and its enforcement are acceptable to FDC.

Notwithstanding any of the provisions set forth above or whether FDC exercises any rights set forth in this paragraph, FDC does not warrant nor represent to Contractor, Contractor's employees or agents, any subcontractors, or any other third party that enforcement of Contractor's policy will insure that no accidents or injuries will occur. In addition, any action by FDC under this

Paragraph in no way diminishes any of Contractor's obligations under applicable law or this Contract.

16. OTHER PROHIBITED ITEMS. Possession of firearms, explosives, weapons, and hazardous substances or articles without proper authorization is not permitted on any premises where the Work is being performed.

17. NOTICES AND ADDRESSES. All notices required or permitted to be given under this Contract shall be considered properly given upon delivering the notice in writing to the party to be notified, or mailing the notice by registered or certified mail, return receipt requested, to the party to be notified at such party's address as set forth above, or such other address as the party to be notified may have designated by previous written notice to the other.

18. ENTIRE AGREEMENT. This Contract contains the entire agreement between the parties as to the Work to be done pursuant to this Contract, and this instrument shall govern over and supersede all other bid letters, proposals, correspondence, discussions, prior agreements, and communications between the parties.

19. AMENDMENT. This Contract may be amended only by written instrument signed by both parties. If there are any terms in an exhibit to this Contract or other writing under this Contract that are inconsistent with these General Conditions, the terms of these General Conditions shall govern except to the extent specifically agreed by the parties.

20. GOVERNING LAW. This Contract and the Work performed under it shall be governed by and construed in accordance with the laws of the state in which the project is located for which Work is being performed

21. SEVERABILITY. If any provision of this Contract or any amendment is held to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect any of the remaining provisions.

22. GENDER; NUMBER. All reference in this Contract to gender and number shall be understood to include all other genders and numbers appropriate.

23. CAPTIONS. All captions in this Contract are for convenience of reference only and do not define or limit the substance of the provisions referenced.

24. TIME OF THE ESSENCE. Time is of the essence in the performance of all obligations under this Contract.

Rev. 7/26/2017 7 of 6

25. NON-WAIVER. The failure of FDC to insist upon or enforce, in any instance, strict performance by Contractor of any terms of this Contract or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment, to any extent, of its rights to assert or rely upon such terms or rights on any future occasion.

Stormwater Pollution Prevention Plan (SWPPP)

Lennar Homes of Texas Land and Construction, Ltd.

STERLING POINT, LAND DEVELOPMENT

S9 Concrete Washout Area

BMP Description:

Discharges from concrete truck wash outs, surplus concrete or drum water, masonry and stucco operations shall be contained. Discharge of concrete truck wash water to any surface water, including discharge to storm sewers is prohibited. Wash water shall be discharged to designated areas at the construction site where controls have been established to prevent discharge to surface waters. Structural controls may consist of temporary berms or temporary shallow pits. Plastic lining material should be a minimum of 10 mil in polyethylene sheeting and should be free of holes, tears, or other defects that compromise the impermeability of the material. Washout of trucks during rainfall events shall be minimized. The discharge of wash out water must not cause or contribute to groundwater contamination.

Installation Schedule:

Install before concrete operations commence onsite, such as pouring streets, sidewalks, driveways and slabs; constructing headwalls and inlets; or installing stucco and masonry. Maintain concrete washouts throughout concrete operations.

Concrete washout area may be removed at the cessation of concrete activities onsite.

Installation, Maintenance and Inspection:

Designated concrete washout areas shall be:

at least 15 feet from a curb or paved surface at least 50 feet from storm drains, open ditches, or water bodies if feasible excavated below grade for the pit area lined with a polyethylene-liner to minimize groundwater impacts have a large stabilized entrance to minimize sediment tracking if the washout area is outside of the Stabilized Construction Exit have sufficient perimeter BMP’s to minimize or prevent concrete wash water from discharging offsite.

Concrete washout areas will be maintained by removing the hardened concrete when the capacity of the washout reaches 70%. Alternatively an additional washout area may be constructed to provide additional capacity. Inspect every 7 days for the presence and placement of the concrete washout, available capacity, effective containment measures and structural controls, and offsite sediment tracking from the washout area. Upon completion of concrete pouring operations, the designated concrete washout area(s) will be removed by removing the hardened concrete from the washout area, removing the containment measures and disposing of them at an approved dump site.

Responsible Staff: The General Contractor / Operator conducting any concrete operations is responsible for installation, maintenance, and removal of the concrete washout area.

Location: In or adjacent to the Material and Equipment Staging Area, or near the Stabilized Construction Exit, but at least 15 feet away from any paved surface, 50 feet from any storm drains, open ditches, or water bodies if feasible, and on a flat surface with minimal slope. Locations of washout(s) will be indicated on the site map(s).

The Grand Prairie, Land Development

V. CONCRETE WASHOUT

Stormwater Pollution Prevention Plan (SWPPP)

Concrete Washout Area

SWPPP Amendment - 006

S12b Mulch Buffer

BMP Description:

A Mulch Buffer is a temporary sediment control that is traversable by vehicle or foot traffic. It is typically used along the back of curb, or at the end of any hardscape, to minimize sediment discharge into a paved surface, but also to allow short-term access to the finished lots for vehicles and material deliveries. This control measure should not be used as a Stabilized Construction Exit to minimize offsite sediment tracking.

Installation Schedule:

Install after curb or other hardscape installation. Install during installation of back-of-curb sediment control on newly paved streets, curbs, or parking lots where short-term vehicular access to finished lots is…